Deepwater Ports, 19117-19158 [2015-06611]

Download as PDF Vol. 80 Thursday, No. 68 April 9, 2015 Part II Department of Homeland Security Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Coast Guard 33 CFR Parts 148, 149, and 150 Deepwater Ports; Proposed Rule VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09APP2.SGM 09APP2 19118 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules rule, call or email Mr. Kevin Tone, Deepwater Ports Standards Division (CG–OES–4), Coast Guard; telephone 202–372–1441, email Kevin.P.Tone@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 148, 149, and 150 [Docket No. USCG–2012–0061] RIN 1625–AB92 Deepwater Ports Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard proposes revisions to its regulations for the licensing, construction, design, equipment, and operation of deepwater ports, which are offshore fixed or floating structures, other than vessels, used as ports or terminals for the import or export of oil and natural gas. The proposed revisions would provide additional information, clarify existing regulations, provide additional regulatory flexibility, and add new requirements to ensure safety. The proposed rule would not affect the license to operate of any existing deepwater port, nor would it result in the licensing of any new deepwater port. This proposed rule furthers the Coast Guard’s maritime safety and stewardship missions. DATES: Comments and related material must either be submitted to our online docket via https://www.regulations.gov on or before July 8, 2015 or must reach the Docket Management Facility by that date. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0061 using any one of the following methods: (1) Online: https:// www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 SUMMARY: If you have questions on this proposed FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. Table of Contents for Preamble B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, and follow the instructions on that Web site. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Public Meeting II. Abbreviations III. Executive Summary IV. Background V. Discussion of Proposed Rule 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. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2012–0061), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, and follow the instructions on that Web site. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 C. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). D. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the docket using one of the methods specified under ADDRESSES. In your request, explain why you believe a public meeting would be beneficial. If we decide to hold a public meeting, we will announce its time and place in a later notice in the Federal Register. II. Abbreviations ABS American Bureau of Shipping APPS Act to Prevent Pollution from Ships BOEM Bureau of Ocean Energy Management BSEE Bureau of Safety and Environmental Enforcement CE Certifying Entity CFR Code of Federal Regulations COA Certificate of Adequacy COTP Captain of the Port DHS Department of Homeland Security DNV Det Norske Veritas DOI Department of the Interior DWPA Deepwater Port Act of 1974 EIA Energy Information Administration EIS Environmental Impact Statement E.O. Executive Order E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules Rmajette on DSK2VPTVN1PROD with PROPOSALS2 FR Federal Register FWS National Fish and Wildlife Service HDD Horizontal Directional Drilling LNG Liquefied Natural Gas LOOP Louisiana Offshore Oil Port MARAD Maritime Administration MARPOL 73/78 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention MODU Mobile Offshore Drilling Unit MOU Memorandum of Understanding MSU Marine Safety Unit MTSA Maritime Transportation Security Act of 2002 NAICS North American Industry Classification System NEPA National Environmental Policy Act of 1969 NMFS National Marine Fisheries Service OCMI Officer in Charge of Marine Inspection OMB Office of Management and Budget OPA 90 Oil Pollution Act of 1990 PHMSA Pipeline and Hazardous Materials Safety Administration PLEM Pipeline End Manifold PMMP Prevention, Monitoring and Mitigation Program PRA Paperwork Reduction Act of 1995 Pub. L. Public Law ROD Record of Decision SMS Safety Management System SOLAS International Convention for the Safety of Life at Sea SPM–NGTS Single Point Mooring-Natural Gas Transfer System SPM–OTS Single Point Mooring-Oil Transfer System STL buoy Submerged turret loading buoy § Section symbol U.S.C. United States Code III. Executive Summary The purpose of this rulemaking is to revise existing Coast Guard regulations for deepwater ports. A deepwater port is a fixed or floating manmade structure, or a group of structures, other than a vessel, located beyond State seaward boundaries and used or intended for use as a port or terminal for the transportation, storage, and further handling of oil or natural gas for transportation to or from any State.1 The proposed revisions would expedite the deepwater port license application process by capitalizing on lessons learned from past license applications. They would also address recent changes in the natural gas industry by allowing the use of deepwater ports as export facilities. The legal basis of this rulemaking is 33 U.S.C. 1504(a) and (b), which require the Secretary of Transportation to issue regulations to implement the Deepwater Port Act of 1974, as amended (DWPA).2 Before 2003, the Coast Guard operated under the Department of Transportation, 1 See 2 33 33 U.S.C. 1502(9). U.S.C. 1501 et seq. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 and the Secretary of Transportation’s authority under § 1504 was delegated to the Coast Guard in 49 CFR 1.46. When the Coast Guard was transferred to the Department of Homeland Security (DHS) in 2003, ‘‘the authorities and functions of the Secretary of Transportation relating’’ to the Coast Guard, including the Secretary of Transportation’s authority relating to deepwater ports, also were transferred to DHS.3 The Secretary of Homeland Security has delegated the Secretary’s regulatory authority under 33 U.S.C. 1504 to the Coast Guard.4 The Secretary of Transportation’s authority to license deepwater ports 5 is delegated 6 to the Maritime Administrator. This NPRM proposes numerous small revisions to a complex regulatory scheme. Collectively, these revisions will provide applicants with additional information and clarity, additional regulatory flexibility, and new requirements to ensure safety. Above all, the revisions should help applicants assemble more complete applications, to help them meet the Coast Guard’s regulatory requirements within the strict time limitations mandated by the DWPA and without costly suspensions of the licensing process. The proposed rule would not affect the license to operate of any existing deepwater port, nor would it result in the licensing of any new deepwater port. This NPRM would impose no new regulatory costs and should help future license applicants receive more efficient, faster processing of their applications. Some proposed revisions may give applicants more flexibility than they have under current regulations. Finally, some applicants may benefit from proposed revisions that would facilitate the licensing of export deepwater ports. IV. Background Deepwater ports are oil or natural gas import or export facilities, not exploration, development, or production facilities like drilling rigs.7 Deepwater ports are subject to the DWPA. When the DWPA was first enacted, it applied only to deepwater ports handling oil imports. Section 106 of the Maritime Transportation Security Act of 2002 8 (MTSA) amended the DWPA to apply to natural gas imports as well. Section 312 of the Coast Guard 3 See 6 U.S.C. 468(b). DHS Delegation No. 0170.1(II)(75). 5 33 U.S.C. 1503(b). 6 49 CFR 1.93(h). 7 See 33 CFR 140.10 (excluding deepwater ports from the definition of an Outer Continental Shelf facility). 8 Public Law 107–295, 116 Stat. 2064. 4 See PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 19119 and Maritime Transportation Act of 2012 9 further amended the DWPA so that it now also authorizes deepwater ports for oil or natural gas exports. MARAD must license each deepwater port before it can be built and commissioned and begin operations, but MARAD consults the Coast Guard and other Federal agencies,10 as well as affected State governments, before issuing licenses. License applications are jointly processed by the Coast Guard and MARAD, and we conduct the necessary analysis to determine whether a proposed deepwater port will comply with the DWPA and to ensure compliance with other applicable laws, in particular the National Environmental Policy Act of 1969 (NEPA). Also, the Coast Guard provides the regulatory framework governing the application and licensing process as well as the design, construction, equipment, and operation of deepwater ports. Our deepwater port regulations in 33 CFR subchapter NN (parts 148, 149, and 150) were first issued in 1975, and were extensively revised in 2004 and 2006 to reflect the 2002 extension of the DWPA to natural gas. Since our most recent substantive revision of subchapter NN,11 the Coast Guard has received eight applications to site, construct, and operate natural gas deepwater ports. Four applications were subsequently withdrawn by the applicants. Of the remaining four, two deepwater ports have been constructed, one has been issued a license to construct, and one has initial approval through a favorable Record of Decision (ROD) 12 from MARAD. All four were for natural gas imports. In processing these four applications, the Coast Guard and other Federal agencies have identified additional, specific types of information that are necessary to ensure a timely review of, and decision on, deepwater 9 Public Law 112–213, 126 Stat. 1540. Department of the Interior (DOI) advises license applicants that: (a) In accordance with 43 U.S.C. 1334(a)(5), to the extent that a proposed deepwater port’s design includes subsurface storage on submerged lands of the Outer Continetal Shelf, that storage is subject to DOI’s review and approval; (b) As a cooperating agency during a license application’s processing, the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) participate in the review of proposed deepwater ports; and (c) under BSEE regulations (30 CFR part 250, subpart J), a right-of-way granted by BSEE and a right-of-way rental amount may be required. 11 71 FR 57644; Sep. 29, 2006. 12 A Record of Decision states what the agency’s decision is; identifies all alternatives considered by the agency, specifies the alternative or alternatives which were considered to be environmentally preferable; and states whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not. See 40 CFR 1505.2. 10 The E:\FR\FM\09APP2.SGM 09APP2 19120 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules port applications. During the application review process, and after the construction and operation of new deepwater ports, we gained additional insight into the technical and operational requirements that will help ensure operations are conducted efficiently and in a manner that furthers safety, security, and environmental protection. The DWPA, 33 U.S.C. 1504(g), provides a 240-day ‘‘clock’’ within which license applications must be processed (from publication of the notice of initial application to the final public hearing). To ensure compliance with the DWPA and NEPA, those wanting to build and operate a deepwater port must provide complex and highly technical information with their license applications. Under 33 U.S.C. 1504(c)(1), the Coast Guard has 21 days in which to determine whether an application appears to contain all the necessary information. If the application appears to be incomplete, the Coast Guard informs the applicant as to its deficiencies, and takes no further action until the deficiencies are corrected. If the application appears to be complete, the Coast Guard must publish a notice of the application and a summary of the plans in the Federal Register. Long after this initial determination of completeness, however, we often find that we need additional information to complete a proper analysis of the proposed deepwater port’s environmental impact, and the applicant is required by 33 U.S.C 1504(c)(2)(M) to provide that information. Our regulations 13 make it clear that the need to obtain important additional information ‘‘stops the clock,’’ extending the 240-day deadline by the length of time needed to obtain the additional information. V. Discussion of Proposed Rule This proposed rule draws on the lessons we have learned about efficiencies in the license application review process and in building and operating safe and efficient deepwater ports. In developing this proposed rule, we have consulted with MARAD and other Federal agencies that work with us on deepwater port issues, and we will continue this consultation as we develop a final rule. This proposed rule would primarily clarify existing requirements or provide more information about how those requirements intersect with the requirements of other Federal agencies and State governments that have roles in the licensing and operation of deepwater ports. The intent of this proposed rule is to reduce the number of times the ‘‘clock is stopped’’ pursuant to our regulations, thereby reducing the time needed to reach decisions on applications. Although we propose a few new requirements, they are likely to impose no new regulatory costs because they track with industry’s current behavior. We also propose several changes that should provide industry with additional regulatory flexibility. Our proposals would apply to any applications received after the effective date of the final rule. The rule would not affect the license to operate any existing deepwater port, nor would they result in the licensing of any new deepwater port. The proposed rule aligns with directives in several Executive Orders (E.O.s). Section 3(a)(1) of E.O. 12988 14 requires agencies to review proposed regulations to eliminate drafting errors and ambiguity, and our proposed rule will clarify ambiguities that have come to light since we last amended our current regulations. Because the proposed rule draws on lessons learned from applying our current regulations, it helps make those regulations more effective and less burdensome and is therefore in line with E.O. 13563.15 In light of the recent surge in U.S. natural gas production, and now that the DWPA permits deepwater ports to export oil and natural gas, our proposed rule may also facilitate the development or conversion 16 of existing deepwater ports to export U.S. natural gas by clarifying the deepwater port application process and lessening the likelihood of time-consuming delays in that process. Therefore it may contribute to the job creation and economic benefits that are goals of E.O. 13605.17 The changes we propose for part 148 focus on providing deepwater port license applicants with clearer information about the information we require, so that applicants will be less likely to encounter ‘‘stopped clocks.’’ We propose reorganizing part 149, which addresses the complex process of designing, constructing, and equipping deepwater ports. Other changes in part 149 would clarify its requirements or adapt terminology to the reality that no two deepwater ports use identical design elements. Most of the procedural changes we propose would affect the deepwater port operations requirements in part 150. In addition to clarifying part 150’s requirements and providing more information, we propose changes (in line with current industry practice) that would ensure that future deepwater ports continue to meet acceptable levels of safety. Table 1 lists each section that we propose adding or amending, and briefly explains our rationale for the proposal. It omits the nonsubstantive redesignation of specific sections as part of the reorganization of part 149, which we discuss in the table, and the nonsubstantive insertion of ‘‘but not limited to’’ in lists, to emphasize their non-exclusive nature. TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN Section Change Nature of change Discussion PART 148 Revise descriptions of each agency’s authority. Informational .................... 5 ......................................... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 3 ......................................... ‘‘Accommodation module’’ ....... Add definition ................... 13 At 33 CFR 148.107(c)(3). Justice Reform,’’ 61 FR 4729 (Feb. 5, 14 ‘‘Civil 1996). 15 ‘‘Improving Regulation and Regulatory Review, ’’76 FR 3821 (Jan. 21, 2011), § 6(b). VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 Based on latest statutory or interagency allocation of functions. We would describe, not change, that allocation. Term figures in proposed changes. 16 An application for the conversion of an existing import facility to one adapted for export would require the submission of a new application fee. The conversion application would need to address PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 all the same issues addressed in an original application. 17 ‘‘Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources,’’ 77 FR 23107 (Apr. 17, 2012). E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19121 TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Add definition ................... Revise definition .............. Transfer definition ............ Add definition ................... Revise language .............. Revise definition .............. Add definition ................... Revise definition .............. ‘‘Person in charge’’ .................. ‘‘PIC’’ ........................................ Revise definition .............. Add definition ................... ‘‘Pipeline’’ ................................. Add definition ................... ‘‘Pipeline end manifold’’ ........... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Add definition ................... Revise definition .............. Clarify that Coast Guard oversight applies throughout the deepwater port lifecycle by emphasizing that construction applies to any activity incidental to building, repairing, or expanding a deepwater port. Align with current statutory language, which allows deepwater ports to export as well as import oil or natural gas. Term figures in proposed changes. Clarify that the necessary analysis considers all geological factors and is not limited to hydrographics. Coast Guard’s experience is that the scope of this analysis has been confusing in the past. Term figures in proposed changes. Simplify statutory citations. Transfer from part 149 without substantive change. Updated Coast Guard internal organization. ‘‘Operator’’ ................................ VerDate Sep<11>2014 Revise definition .............. ‘‘Flexible riser and umbilical’’ ... ‘‘Lease block’’ ........................... ‘‘Major conversion’’ .................. ‘‘Marine Safety Unit (MSU) Commander’’. ‘‘Marine site’’ ............................ ‘‘Maritime Administration’’ ........ ‘‘Mile’’ ....................................... 105(i)(1) .............................. 105(j) .................................. Revise definition .............. ‘‘Deepwater port security plan’’ ‘‘Engineering geological survey’’. 105(g)(2)(iii) ........................ Discussion ‘‘Deepwater port’’ ..................... 105(g)(1)(i) ......................... Nature of change ‘‘Construction’’ .......................... 8 ......................................... Change Add definition ................... ‘‘Prevention, monitoring, and mitigation program’’. ‘‘Safety zone’’ ........................... ‘‘Service space’’ ....................... ‘‘Single point mooring oil transfer system’’. ‘‘Single point mooring natural gas transfer system’’. ‘‘Sleeping space’’ ..................... ‘‘Submerged turret loading buoy’’. ‘‘Vessel’’ ................................... Certifying entities (CEs) ........... Add definition ................... Describe MARAD as acting in consultation with the Coast Guard, instead of the Coast Guard acting in concurrence with MARAD. Change ‘‘operator’’ to ‘‘licensee,’’ as the party responsible for deepwater port removal costs. Change ‘‘is’’ to ‘‘will be’’ ........... Provide additional information about coastal zone management. 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00005 Revise definition .............. Transfer definition ............ Revise definition .............. Revise definition .............. Transfer definition ............ Add definition ................... Revise definition .............. Provide additional regulatory flexibility. Informational .................... Clarify meaning of ‘‘including.’’ Updated MARAD information. Clarify that subchapter NN references to miles mean nautical miles. Clarify that the operator may be the licensee’s designee and not the licensee itself. Clarify definition. Add separate definition to help distinguish ‘‘person in charge’’ from ‘‘PIC.’’ Define to distinguish portion of interest to Coast Guard from equipment regulated by Pipeline and Hazardous Materials Safety Administration. Define to distinguish portion of interest to Coast Guard from equipment regulated by Pipeline and Hazardous Materials Safety Administration (PHMSA). Term figures in proposed changes. Clarify that a deepwater port is the facility at issue. Transfer from part 149 without substantive change. Clarify and distinguish terms that are sometimes confused. Clarify and distinguish terms that are sometimes confused. Transfer from part 149 without substantive change. Term figures in proposed changes. Conform to definition used in 1 U.S.C. 3. Operators are currently allowed to use CEs to assist with post-licensing technical matters. We would also allow license applicants to use CEs during the application process, to help identify information gaps and resolve technical questions. We would more accurately reflect MARAD’s lead role for matters regarding the financial responsibility of a deepwater port application. Clarification ...................... Financial liability rests with a deepwater port’s licensee, not with the operator, who may be only the licensee’s designee. Style ................................. Informational .................... Style change. We would give license applicants more detailed information, including a reference to applicable National Oceanic and Atmospheric Administration regulations, to help applicants more quickly establish compliance with 33 U.S.C. 1503(c)(9)’s requirement for an approved coastal zone management program under the Coastal Zone Management Act of 1972. Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 19122 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change 105(k) ................................. Provide an alternative to the use of a professional surveyor. Provide additional regulatory flexibility. 105(m)(1)(i) ......................... Revise provisions relating to fixed and floating structures. Clarification ...................... 105(m)(1)(iii) ....................... Revise provisions relating to anchorages and mooring areas. Revise description of required reconnaissance hydrographic survey. Clarification ...................... Allow exceptions to 5-year limit on age of data. Provide additional regulatory flexibility. 105(m)(3) ............................ Add language for meteorological and oceanographic (‘‘MetOcean’’) data. Revision ........................... 105(m)(4) ............................ Add language for vessel traffic data. Revision ........................... 105(n) ................................. Add language for engineering geological survey (presently soil survey) data. Revision ........................... Allow exceptions to 5-year limit on age of data. Provide an alternative to the use of a professional engineer. Provide additional regulatory flexibility. Provide additional regulatory flexibility. 105(s)(6)(iv) ........................ Add ‘‘regasification’’ to existing language. Revision ........................... 105(t) .................................. Add recommendation PHMSA consultation. Informational .................... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 105(m)(2) ............................ VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Nature of change for Frm 00006 Clarification ...................... Fmt 4701 Sfmt 4702 Discussion Delay in securing the services of a registered professional surveyor has ‘‘stopped the clock’’ in at least one instance. We would allow the use of others with equivalent professional competency. We would delete language concerning connected actions, because it is redundant with the requirement in 33 CFR 148.105(l) to provide data for onshore storage areas, pipelines, and refineries. We would clarify that anchorages and mooring areas can be used during a deepwater port’s construction as well as after it becomes operational. We would delete some survey specifications because MARAD describes the specific information it requires in the license conditions it sets for individual deepwater ports. The proposed change would allow the use of older data, with Coast Guard approval, which would be granted so long as newer data is provided for any specific locations having a high degree of hydrographic variability. MetOcean data is essential for analyzing a proposed deepwater port’s environmental impact. If it is not included with the license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would add the need to include MetOcean data in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ Vessel traffic data is essential for analyzing a proposed deepwater port’s environmental impact and for the Coast Guard’s analysis of risk mitigation. If it is not included with the license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would add the need to include vessel traffic data in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ We would clarify that full geological information, not just soil data, is essential for analyzing a proposed deepwater port’s environmental impact. If it is not included with the license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would add the need to include geological survey data in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ The proposed change would allow the use of older data, with Coast Guard approval. Delay in securing the services of a professional engineer has ‘‘stopped the clock’’ in at least one instance. We would allow the use of others with equivalent professional competency. We would clarify that information about the methods the applicant expects to use in regasifying natural gas prior to transmission is essential for analyzing a proposed deepwater port’s environmental impact. If it is not included with the license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would add the need to include regasification data in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ We would provide license applicants with additional information, and we would encourage them to consult with PHMSA, to help facilitate an applicant’s ability to comply with PHMSA requirements for pipeline safety. E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19123 TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Change Nature of change Discussion 105(y) ................................. Add language for risk and consequence assessment. Informational .................... 105(z) ................................. Add language for NEPA alternatives. Clarification ...................... 105(ff) ................................. Add language for International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention (MARPOL 73/78). Clarification ...................... 107(b) ................................. Add references to MARAD ...... Clarification ...................... 107(c)–(e) ........................... Revise (c) and add (d) and (e), regarding ‘‘clock stoppage’’. Clarification ...................... 125(c) ................................. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Section Add ‘‘additional environmental analysis’’ to existing language. Clarification ...................... 209(a) ................................. Remove reference to interagency memorandum of understanding (MOU). Informational .................... A license applicant’s risk and consequence assessment is essential for analyzing a proposed deepwater port’s environmental impact and is currently subject to Coast Guard validation. We would provide additional information about methods that the Coast Guard may use to conduct that validation, including the conduct of an independent assessment by a third party selected by the Coast Guard. We would also restate the Coast Guard’s existing authority under 33 CFR 148.107 to require the applicant to provide ‘‘additional information’’ when necessary. This paragraph currently requires license applicants to provide an environmental analysis sufficient to meet the requirements of NEPA. Under NEPA, environmental analysis must include consideration of a range of reasonable alternatives to key aspects of the action being analyzed. If alternatives are not discussed in the initial license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would clarify the need to discuss alternatives in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ A license to operate a deepwater port is granted only if it is determined that the applicant ‘‘can and will comply with applicable laws, regulations, and license conditions.’’ 33 U.S.C. 1503(c)(2). MARPOL, and MARPOL-implementing regulations in 33 CFR part 158, are applicable to deepwater ports, and a Certificate of Adequacy (COA) is required to demonstrate compliance with part 158. If the COA is not requested in the initial license application, we currently require the applicant to provide it as ‘‘additional information’’ under 33 CFR 148.107. We would clarify the need to request the Certificate in the initial application, to better inform applicants and reduce the likelihood of ‘‘clock stoppage.’’ We would clarify that the Coast Guard may request additional information on behalf of MARAD as well as on the Coast Guard’s own behalf. Paragraph (c) of this section currently allows the Coast Guard to suspend the processing of a license application indefinitely (‘‘stop the clock’’) in order to obtain additional information. We would provide additional information to clarify and help applicants better understand how ‘‘stopping the clock’’ works. This proposed change should be read along with the proposed change to 33 CFR 148.276 and 148.283 relating to suspension and withdrawal of an application. Under 33 U.S.C. 1504(h)(1), license applicants must ‘‘reimburse the United States and the appropriate adjacent coastal State for any additional costs incurred in processing an application.’’ We would add, as a clarification, the need for additional environmental analysis as an example of when additional costs will be incurred. A past applicant’s change in plans for the proposed deepwater port raised the potential need for additional environmental analysis. We would delete a reference to an expired MOU that can no longer be consulted for the current list of all Federal agencies involved with deepwater ports. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 19124 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 211(a) ................................. Revise language describing the need for changes in applications. Clarification ...................... 211(b) ................................. Revise language describing how changes are made in applications. Clarification ...................... Add language concerning NEPA scoping and additional public comment. Informational .................... 214 ..................................... Add provision for resubmission of a withdrawn or denied application. Informational .................... 215 ..................................... Redesignate (d) as (c)(5) and add ‘‘proposed deepwater’’ to existing language. Revise description of respective Coast Guard and MARAD roles in the designation of an Adjacent Coastal State. Revise description of respective Coast Guard and MARAD roles in giving notice of Adjacent Coastal State hearings. Revise description of respective Coast Guard and MARAD roles with respect to formal evidentiary hearings. Clarification ...................... This paragraph currently requires a license applicant to promptly notify the Coast Guard of any changes to its application. We would clarify that we consider any circumstance that makes statements in the application no longer accurate to be a ‘‘change’’ requiring prompt notification. As currently worded, this paragraph may imply that any substantial change requires a license applicant to completely revise its application. We would clarify that our existing practice generally is to allow the applicant simply to amend its application to make the change. We would inform license applicants that under NEPA and other existing laws, a substantial change in an application could trigger the need for additional NEPA scoping or additional public comment on the application. We would provide additional information about the conditions under which a license applicant can address concerns raised by its initial application and resubmit the application, with the Coast Guard waiving certain Subpart B application requirements for the re-application. We would clarify that (d) is a continuation of (c) and relates to a proposed deepwater port. 276 ..................................... Revise section describing the DWPA timeline for action on a license application. Informational .................... 277(d) ................................. Provide additional information about the time period when the Governor of an Adjacent Coastal State may transmit his or her approval or disapproval of a proposed deepwater port application. Informational .................... 217(b)–(d) ........................... 222(b) ................................. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 228 ..................................... VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00008 Informational .................... We would state that MARAD consults with the Coast Guard, but makes the actual Adjacent Coastal State designation. Informational .................... We would clarify that MARAD, not the Coast Guard, has the existing responsibility for publishing notices of public hearings or meetings in Adjacent Coastal States. Informational .................... We would clarify that MARAD, not the Coast Guard, has the existing responsibility for any formal evidentiary hearings involving deepwater ports relating to specific and material factual issues related to the licensing of a deepwater port. Existing Coast Guard regulations, 33 CFR 148.230– 148.256, provide a regulatory framework for such hearings; however, because MARAD, not the Coast Guard, is the licensing authority, we propose deleting these regulations. The revision would provide more information about the DWPA timeline for processing license applications, and about suspensions of the timeline. We informally provide this additional information today. (The revisions do not alter the statutory timeline.) This proposed change should be read along with the proposed changes to 33 CFR 148.107 and 148.283 relating to suspension and withdrawal of an application. We would add more information about the existing timeline for the Governor of an Adjacent Coastal State to approve or disapprove a proposed deepwater port application. Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19125 TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 283 ..................................... Substitute provisions for treating an application as withdrawn for provisions concerning an application’s suspension. Procedural change .......... 405(c)(2) ............................. Refer to Bureau of Offshore Energy Management (BOEM) guidance. Informational .................... Subpart G ........................... Redesignate 33 CFR 148.600 and 148.605 as subpart G of part 148. Provide more information about deepwater port financial liability limits under the Oil Pollution Act of 1990 (OPA 90). Nonsubstantive reorganization. 605 ..................................... Provide more information about deepwater port financial liability limits under OPA 90. Informational .................... Subpart H ........................... Redesignate current subpart G Nonsubstantive reorgaas new subpart H of part 148. nization. 707(b) ................................. Revise ...................................... Clarification ...................... 707(b)(1) ............................. Provide more information about the scope of environmental evaluation. Informational .................... 715 intro ............................. Add ‘‘reasonable range of alternatives’’ language. Clarification ...................... 715(a) ................................. Provide more information about the scope of environmental evaluation. Add ‘‘reasonable range of alternatives’’ language. Informational .................... 730 intro ............................. Add ‘‘reasonable range of alternatives’’ language. Clarification ...................... 730(a) ................................. Revise ...................................... Informational .................... 735 intro ............................. Add ‘‘reasonable range of alternatives’’ language. Clarification ...................... 33 CFR 148.107(c) and this section currently both provide for indefinitely suspending the processing of a license application if it is missing essential information. We would make it clear that, if there is no reasonable progress in securing the missing information, indefinite suspension may lead to the application being treated as withdrawn. This proposed change should be read along with the proposed changes to 33 CFR 148.107 and 148.276 relating to suspension. This paragraph currently requires a license applicant to give notice of certain acoustic profiling activities, which must take place ‘‘within specified limits.’’ We would inform applicants that those limits currently are provided by BOEM guidance, thereby making it easier for applicants to determine what limits are specified. We would give added prominence to these two sections, which have been of interest to several license applicants. This section currently states that deepwater port financial liability limits are set in accordance with OPA 90 (33 U.S.C. 2704(d)(4)). Several license applicants have requested more information, and our proposed change would provide details on the current process for setting limits. This section currently refers to the provisions of OPA 90 (33 U.S.C. 2704(d)(4)) for adjusting a deepwater port’s financial liability limit. We would respond to several requests from license applicants for more details on the current process for adjusting limits. That process, with the relevant risk and economic analysis criteria, was described in the NPRM that proposed lowering the liability limit for the Louisiana Offshore Oil Port (60 FR 7652 at 7653, Feb. 8, 1995; final rule 60 FR 39849, Aug. 4, 1995). This proposed change is necessitated by our proposed designation of 33 CFR 148.600 and 148.605 as new subpart G. We would more closely align the wording of this section with terminology familiar to NEPA practitioners. We would also clarify that license applicants are currently required to consider a reasonable range of alternatives to their proposed deepwater port plans. We would provide license applicants with more complete information about the scope of environmental evaluation and align wording with terminology familiar to NEPA practitioners. We would clarify that license applicants are required to consider a reasonable range of alternatives to their proposed deepwater port plans. We would provide license applicants with more complete information about the scope of environmental evaluation. We would clarify that license applicants are required to consider a reasonable range of alternatives to their proposed deepwater port plans. We would clarify that license applicants are required to consider a reasonable range of alternatives to their proposed deepwater port plans. This paragraph currently refers to appropriate Adjacent Coastal State agencies. We would substitute a specific cross reference to 33 CFR 148.105(j), where we propose adding detailed information about Adjacent Coastal States. We would clarify that license applicants are required to consider a reasonable range of alternatives to their proposed deepwater port plans. 600 ..................................... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 725 intro ............................. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00009 Informational .................... Clarification ...................... Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 19126 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 737 ..................................... Replace list with Web site reference. Informational .................... This section currently contains a lengthy and nonexclusive list of environmental statutes and E.O.s of potential interest to license applicants. We would replace that list with a reference to a Coast Guard Web site where more current information is maintained and available to the public. PART 149 Reorganize ............................... Nonsubstantive reorganization. 5 ......................................... Replace definitions with cross reference to 33 CFR 148.5. Nonsubstantive reorganization. 15 ....................................... Remove .................................... Nonsubstantive reorganization. 20(a) (current 610(a)) ......... Add ‘‘or submerged turret loading (STL) buoy’’ to existing language. Technology update .......... 51 (current 615) ................. Provide for use of foreign engineers. Provide additional regulatory flexibility. 52 (current 625) ................. Revise (b) ................................. Provide additional regulatory flexibility. Add (d) ..................................... Clarification ...................... 54 ....................................... Add ........................................... Nonsubstantive reorganization. 57 ....................................... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Part 149 organization ......... Add ........................................... Informational .................... 58 ....................................... Add ........................................... Clarification ...................... VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 We would reorganize this part, redesignating and renaming some sections and providing a more sequential structure for existing deepwater port design, construction, and equipment requirements. Subpart A would contain general information, subpart B would contain general requirements for design, construction, operations, and equipment requirements, and the remaining subparts C through F would contain specific equipment requirements. This section currently contains 4 definitions. We would move all subchapter NN definitions to 33 CFR 148.5. This section currently describes the process for submitting deepwater port design or construction alterations. As part of the nonsubstantive reorganization of part 149, we would delete this section and transfer its substance to 33 CFR 149.54. We would insert a reference to STL buoys, which are significant deepwater port components not in existence when we last revised our regulations, and the details of the construction of which we currently require deepwater port operators to provide. We would amend paragraph (b) to allow the use of foreign engineers who may not be registered professional engineers, if they possess equivalent qualifications. We would insert a reference to CEs, reflecting our proposal (see table entry for 33 CFR 148.8) to allow greater use of CEs. We would add language from current 33 CFR 149.650, to clarify the existing procedure by which a license applicant works with the Coast Guard to determine which deepwater port components require classification society certification. That determination will likely be different for each deepwater port, given the potential variability between deepwater port designs. We would also add language to encourage (but not require) early coordination between the applicant and the Coast Guard, because of the potential value of early coordination for expediting the design process. We would move the text from existing § 149.15 to the revised subpart B to consolidate requirements for design into one subpart. We would add this section for the benefit of license applicants, to provide them with more information about our existing process for reviewing and approving a deepwater port’s design, construction, and commissioning. We would add this section to clarify that our existing practice is to allow a license applicant to use certifying entities during the design and construction of a deepwater port as well as after the deepwater port is licensed, and to describe the CE’s role in various phases of the deepwater port’s lifespan. E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19127 TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 63(a) (current 660(a)) ......... Substitute ‘‘manned deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... 64(b) (current 140(b)) ......... Add ‘‘facilities, vessels approaching the safety zone’’ to existing language. Clarification ...................... 65 intro, (b) (current 665 intro, (b)). Substitute ‘‘manned deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... 67(a) (current 675(a)) ......... Substitute ‘‘Each’’ for ‘‘For a,’’ remove ‘‘each pumping platform complex,’’ and substitute ‘‘deepwater port’’ for ‘‘complex’’. Add ‘‘manned’’ before ‘‘deepwater’’ in existing language. Substitute ‘‘specified’’ for ‘‘outlined’’. Substitute ‘‘operator’s’’ for ‘‘owner’s’’. Clarification ...................... 115 (current 110) ............... Substitute ‘‘remotely’’ for ‘‘from the pumping platform complex’’. Clarification ...................... 130(a) (current 125(a)) ....... Substitute ‘‘marine transfer area of a deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... 135 (current 130) ............... In (b) introductory language add ‘‘described in paragraph (a) of this section’’. In (b)(1) and (b)(2) substitute ‘‘marine transfer area of a deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because all manned deepwater ports are pumping platform complexes. Provides clarification of who the vessel would be in communication with to ensure communications are occurring between the vessel and the shoreside facility for purposes of situational awareness. The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because all manned deepwater ports are pumping platform complexes. The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because the one existing manned deepwater port is a pumping platform complex. We would clarify that this requirement applies only to manned deepwater ports. The requirements are specified and are not optional, as ‘‘outlined’’ would imply. We would clarify that because the operator is in charge of day-to-day operations, the operator is responsible for maintaining all documentation. This section currently requires pipeline end manifolds to have shutoff valves that can be operated both manually and remotely from a pumping platform complex. Since not every deepwater port has a pumping platform complex, we would replace the reference to such a complex with the word ‘‘remotely.’’ Only the single existing manned deepwater port has a pumping platform complex. The proposed change substitutes a generic term common to manned or unmanned deepwater ports. Reference to paragraph (a) of same section. In (b)(2) add ‘‘described’’ ......... Clarification ...................... 206 ..................................... Add ........................................... Harmonization .................. 302 (current 402) ............... Revise ...................................... Clarification ...................... 303 (current 403) ............... Revise heading ........................ Clarification ...................... 304 (current 404) ............... Revise heading ........................ Clarification ...................... Current 306–315 ................ Remove .................................... Nonsubstantive reorganization. 315(a) (current 415(a)) ....... Substitute ‘‘manned deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... 68(a) (current 680(a)) ......... 70 (current 690) ................. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 77(a) (current 697(a)) ......... VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00011 Clarification ...................... Clarification ...................... Clarification ...................... Clarification ...................... Fmt 4701 Sfmt 4702 The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because all marine transfer areas are pumping platform complexes. Revised terminology provides greater clarity. Clarification and reference to paragraph (b)(3) of the section. We would adapt existing lifesaving equipment requirements for mobile offshore drilling units (MODUs). We would transfer qualifying language from the end to the beginning of the section. We would revise the heading to clarify who needs the information provided by this section. We would revise the heading to clarify who needs the information provided by this section. These sections currently describe survival craft and rescue boat requirements. As part of the nonsubstantive reorganization of part 149, we would delete these sections and transfer their substance to 33 CFR part 149, subpart D. The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because all manned deepwater ports are pumping platform complexes. E:\FR\FM\09APP2.SGM 09APP2 19128 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 410(a) (current 510(a)) ....... Substitute ‘‘Coast Guard District Commander in the area where the deepwater port will be built’’ for ‘‘Commandant (CG–5P)’’. Remove ‘‘of a pumping platform complex’’. Clarification ...................... We would clarify that the District Commander approves applications to establish a private aid to navigation. Clarification ...................... 485(a) (current 585(a)) ....... Substitute ‘‘deepwater port’’ for ‘‘pumping platform complex’’. Clarification ...................... 650 ..................................... Remove .................................... Clarification; Nonsubstantive reorganization. The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. The proposed change standardizes terminology applicable to all deepwater ports regardless of design or cargo. There is no change in applicability because all manned deepwater ports are pumping platform complexes. We would transfer the substance of this provision to § 149.52(d), and revise it to apply to all deepwater ports regardless of design or cargo. 480(a) (current 580(a)) ....... PART 150 10 ....................................... Clarification ...................... Informational .................... Informational .................... Clarification ...................... Add (cc) .................................... Rmajette on DSK2VPTVN1PROD with PROPOSALS2 In (i)(4)(vii), substitute ‘‘zones and areas described under subpart J of this part’’ for ‘‘a safety zone, area to be avoided, and anchorage area’’. Add new (o) ............................. Revise (bb) (current (aa)) ........ Clarification ...................... Revise heading ........................ Add (c)(1) ................................. Clarification ...................... Clarification ...................... Revise (c)(2)(current (d)) ......... Clarification ...................... Revise (e)(current (f)) .............. VerDate Sep<11>2014 Clarification ...................... Revise (y) (current (x)) ............. 25 ....................................... Correction ........................ Add new (e) ............................. 15 ....................................... In (b), remove reference to part 148 approval of manuals. Revise (c) and redesignate (d) and (e). Clarification ...................... 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00012 Clarification ...................... Fmt 4701 Sfmt 4702 We would remove this incorrect reference. Approval of manuals is addressed in part 150. We would remove existing (c) because the process is described in detail in proposed § 150.25. Existing (d) and (e) would be redesignated as (c) and (d), respectively. The proposed change would make explicit in our regulations that the Coast Guard’s current practice is to review the operations manual every five years, in conjunction with our review of the environmental impact statement (EIS) (the Council on Environmental Quality recommends that, as a rule of thumb, the EIS be carefully reexamined no later than once every five years—see https:// ceq.doe.gov/nepa/regs/40/30-40.HTM#32). We would clarify that the procedures described must account for any protective zone or area that could apply, regardless of a deepwater port’s design or cargo. Deepwater ports are ports subject to U.S. jurisdiction and used by oceangoing tankers greater than 400 gross tons, and as such their operators must comply with 33 CFR 158.135, which requires ports to hold certificates of adequacy (or waivers), evidencing their capability to receive regulated substances. For informational purposes, we would restate that requirement here. Under 33 CFR 106.410 and 106.415, security plans must be periodically audited, and reviewed every 5 years by the Coast Guard. For informational purposes, we would restate those requirements here. This change would reflect MARAD’s current policy, requiring each deepwater port to maintain a prevention, monitoring, and mitigation program (PMMP) as a license condition. MARAD currently requires, as a license condition, each deepwater port to comply with 49 CFR 192.605 and with other applicable PHMSA regulations in 49 CFR parts 190–199. We would make that requirement explicit in our regulations. We would amend for better clarity. We would clarify the existing local authority to approve or reject revisions to the operations manual. We would clarify the existing local authority to approve or reject revisions to the operations manual. We would clarify the existing local authority to approve or reject revisions to the operations manual. E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19129 TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Change Nature of change Discussion Add new (f) .............................. Clarification ...................... 30 ....................................... Revise ...................................... Clarification ...................... 35 ....................................... 40 ....................................... Revise ...................................... Add paragraph (b) .................... Informational .................... Nonsubstantive reorganization. 45 ....................................... Remove .................................... Nonsubstantive reorganization. 50 ....................................... Revise heading ........................ Clarification ...................... 100 ..................................... Add (b) ..................................... Clarification ...................... 105 ..................................... Revise ...................................... Clarification ...................... 107 ..................................... Add ........................................... Procedural change .......... 110 ..................................... Add ‘‘or of changes in class status.’’ to existing language. Procedural change .......... 225 ..................................... Add second sentence .............. Clarification ...................... 380 ..................................... Substitute ‘‘ships routing measures’’ for the example ‘‘(e.g., no anchoring area)’’ from Table 150.380(a). Remove ‘‘(for example an SPM)’’ from Table 150.380(a). Clarification ...................... We would make explicit the existing authority of other Federal agencies to propose operations manual amendments to the Coast Guard. We would update Coast Guard organizational terminology and clarify what our current process is for coordinating with other Federal agencies. Updated Coast Guard internal organization. We would consolidate current 33 CFR 150.40 and 150.45 into a single section dealing with deviations from the operations manual. In new (b), we would update references to Coast Guard internal organization. We would transfer the substance of this section to § 150.40. Text from existing § 150.45 now in proposed § 150.40(b). The proposed change would reduce the risk of confusing a deepwater port with an Outer Continental Shelf facility. We would make explicit the current Coast Guard practice of sometimes allowing, for reasons of government economy, representatives from other Federal agencies to accompany Coast Guard inspectors on inspection visits to deepwater ports. We would clarify the existing procedure for proposing a self-inspection program; to make it clear that it is the operator, not the owner, who performs the duties required by this section; and to make explicit the existing Coast Guard regulatory responsibility to validate the contents and results of deepwater port self-inspections. We would add this section to require deepwater port operators to notify the Coast Guard when a Federal or State agency schedules an inspection and keep inspection records, both of which operators currently do without their being formally required. We would also make it explicit that, as a matter of government economy, Coast Guard personnel sometimes accompany Federal or State inspectors on inspection visits. We would require deepwater port operators to notify us of changes in the status of classification society-approved components, which may present safety issues that warrant adjustment to the deepwater port’s operations. Operators currently provide this notification without being formally required to do so. This section currently requires appropriate training for deepwater port personnel. We would clarify our expectation, which is in line with current practice at the one existing manned deepwater port, that all personnel will receive basic safety training. We would provide greater technical accuracy and use familiar International Maritime Organization terminology. Revise (b) ................................. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Section Clarification ...................... 435(b) ................................. Add ‘‘unless’’ clause ................ Provide additional regulatory flexibility. 715 ..................................... Add reference 66.01–11. CFR Clarification ...................... 720 ..................................... Add reference to 33 CFR 67.10 Clarification ...................... VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 to PO 00000 33 Frm 00013 Clarification ...................... Fmt 4701 Sfmt 4702 Because the surface components used by deepwater ports vary so widely, we would remove an example that may confuse some license applicants. We would update references to Coast Guard internal organization. We would allow operations to continue during an electrical storm so long as they are conducted in compliance with appropriate safety provisions contained in the operations manual. Deepwater port lights are private aids to navigation and therefore subject to 33 CFR 66.01–11. We would make that explicit in deepwater port regulations. Would clarify that other existing Coast Guard regulations for sound signals still apply. E:\FR\FM\09APP2.SGM 09APP2 19130 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 1—CHANGES PROPOSED FOR 33 CFR SUBCHAPTER NN—Continued Section Change Nature of change Discussion 812 ..................................... Add ‘‘and the environment’’ ..... Clarification ...................... 830 ..................................... Revise ...................................... Procedural change .......... 915(a) ................................. Add ‘‘or the environment’’ ........ Clarification ...................... Coast Guard marine casualty regulations that currently apply to vessels and facilities, including deepwater ports, protect environmental safety as well as the safety of life and property; see, e.g., 33 CFR 140.1, 46 CFR 4.03–1. We would make explicit the need to consider environmental damage in connection with this section. This section currently requires the one existing oil deepwater port to report oil pollution incidents in accordance with 33 CFR part 135, for which the underlying authority may have been repealed. (See Coast Guard notice of inquiry, 76 FR 67385; Nov. 1, 2011; a follow-on rulemaking has begun under RIN 1625–AA03 and docket number USCG–2004–17697.) We would require reports to be made in accordance with 33 CFR part 153 subpart B, which has reporting requirements similar to those in part 135. We would also restate the existing 33 CFR 135.307 requirements for the contents of pollution reports. Coast Guard marine casualty regulations that currently apply to vessels and facilities, including deepwater ports, protect environmental safety as well as the safety of life and property; see, e.g., 33 CFR 140.1, 46 CFR 4.03–1. We would make explicit the need to consider environmental damage in connection with this section. V. Regulatory Analyses The Coast Guard developed this proposed rule after considering the statutes and E.O.s related to rulemaking that are discussed in this part. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This notice of proposed rulemaking has been designated a ‘‘significant regulatory action’’ although not economically significant, under section 3(f) of E.O. 12866. Accordingly, the notice of proposed rulemaking has been reviewed by the Office of Management and Budget (OMB). The Coast Guard proposes revisions to its regulations for the licensing, construction, design, equipment, and operation of deepwater ports, which are offshore fixed or floating structures, other than vessels, used as ports or terminals for the import or export of oil and natural gas. The proposed revisions would provide additional information, clarify existing regulations, provide additional regulatory flexibility, and add new requirements to ensure safety. One objective of the proposed rule is to ensure that adequate information is submitted with a deepwater port application. Through the experience of processing past applications, Coast Guard and other Federal agencies have identified additional, specific types of information that are necessary to ensure a timely review of, and decision on, deepwater port applications. For past applications, this additional information has been requested during the review process, causing delays in the review and approval of applications. Specifying that the additional information is required at the beginning of the process will not increase the application process burden, but is expected to result in more efficient and timely reviews of any future applications. Further, the proposed rule codifies various technical and operational requirements. During the application review process, and after the actual construction and operation of new deepwater ports, the Coast Guard gained additional insight into the technical and operational requirements that will help ensure operations are conducted efficiently and in a manner that furthers safety, security, and environmental protection. These technical and operational requirements are currently standard industry practice or are existing requirements (e.g., from another agency, etc.). The proposed rule consolidates these requirements to facilitate understanding and compliance of deepwater port owners and operators. Table 2 below provides a summary of the final rule’s costs and benefits. TABLE 2—SUMMARY OF THE PROPOSED RULE’S IMPACTS Category Summary Applicability ............................................... Affected Population ................................... Cost Impacts ............................................. Benefits ..................................................... VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 Deepwater ports in waters beyond the territorial limits of the United States. Future deepwater port applicants 3 existing deepwater ports. No additional costs identified. More efficient and timely reviews of deepwater port applications. Consolidation of technical and operating requirements for existing deepwater ports. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19131 TABLE 2—SUMMARY OF THE PROPOSED RULE’S IMPACTS—Continued Category Summary Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Potential cost savings from the following provisions: 1. § 148.8 Nominate CE. 2. § 148.105 Equivalent means of certifying accuracy of maps. 3. § 148.707. 4. § 149.51 Allows foreign national engineers. 5. § 149.52 Allows for adoption of classification society standards. 6. § 150.435 Authorizes continuation of cargo transfer operations during electrical storm. 7. § 150.15 Limits scope of audits to modifications. Affected Population One oil deepwater port began operation before 2006. Since 2006, the Coast Guard has processed, or is processing, eight deepwater port applications to site, construct, and operate deepwater ports. After review of those applications, two LNG deepwater ports have been constructed, one has been issued a license to construct, and one has initial approval through a favorable ROD from MARAD. The applicants for the other four applications have withdrawn their applications. The population of currently operating deepwater ports is three: the one pre-2006 oil port and two LNG ports. The potential number of additional deepwater port applications over the next 10 years is dependent on changing market conditions and economic forces. The existing deepwater ports were built when the forecasts for imports of LNG to the United States, such as those made by the Energy Information Administration (EIA), were predicting high levels of LNG imports. With recent changes in the natural gas and oil markets, EIA now projects continued decline in LNG imports and increasing volumes of LNG exports.18 The financial and technical feasibility of using deepwater ports for LNG exports has not yet been demonstrated, making a projection of the number of future deepwater port applications difficult. The Coast Guard, for the purpose of this rulemaking, estimates that it will receive at least one future deepwater port application in the next 10 years, based on the one entity that has expressed interest in submitting a new application. The Coast Guard is proposing changes to enhance the efficiency and timeliness of any future applications. Costs Table 3 details numerous proposed changes in the regulation with an assessment of the cost impacts of the 18 https://www.eia.gov/forecasts/aeo/pdf/ 0383(2014).pdf. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 change. These changes fall into the following categories: • May result in possible time or cost savings as they allow for greater flexibility in complying with existing requirements. • Clarify information to be submitted with the deepwater port application. These information requirements do not result in additional costs to industry as this information has been required under existing 33 CFR 148.107 in the past during application processing and review. Based on experience with each of the previous applicant reviews, the Coast Guard has consistently requested this information at some point in the processing of the application. The proposed regulatory changes clarify that the information is required up front to allow for the more timely review of the application, thus saving the applicant the time and expense of additional submissions. • Implementation may be optional. • Clarify the Coast Guard’s existing need for certain additional information that it specifies during the license process and which the license applicant provides; the intended impact of the clarification is to notify the applicant that, in the interest of expeditious processing of the application, this information should be provided up front. As the information is already being provided, there is no new cost impact. • May be administrative and would not result in costs. Many of these changes clarify the relationship between various Federal agencies with responsibility for deepwater ports application, licensing, and review. These types of changes do not impose any behavioral changes by applicants of deepwater ports. These changes are labeled ‘‘Administrative,’’ described as clarifications, and will have no cost impact. Other ‘‘Administrative’’ proposed changes reword definitions or delete outdated references. Overall, Coast Guard has not identified additional costs associated with complying with the proposed rule, and sees potential for some minor cost PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 savings. Table 3 provides a detailed list of the changes proposed by the Coast Guard. The changes with potential cost savings include the following: • Proposed § 148.8 allows an applicant to nominate a CE during the application processing phase. Currently, an applicant nominates a CE later in the application process. By allowing the nomination earlier, we believe that the applicants will have potential cost savings by identifying potential problems or challenges earlier in the process rather than later, when more work has been done on the application. • Proposed § 148.105 allows for equivalent means of certifying the accuracy of maps. Applicants have experienced delays when certified geologists were not available to certify the accuracy of maps. The Coast Guard had no alternative but to stop the clock, often delaying application processing by several months. The intent of this proposed revision is to permit the use of specialists who do not possess a professional certification, but are able to provide proof of equivalent technical expertise and experience, to certify work studies and reports required to satisfactorily process a deepwater port application. Allowing certifications by technical personnel possessing alternate credentialing will help to eliminate extensive delays in projects, waiting for expertise that is limited and in high demand. Also, proposed § 148.105 allows for the use of data older than 5 years under certain conditions. Use of older data could result in potential cost savings due to the avoidance of gathering new data. • Proposed § 148.214 allows for resubmission of a modified application without incurring a fee. Under the existing process, an application can be re-submitted after modification, but the applicant must pay the filing fee. • Proposed § 149.51 allows foreignnational engineers to submit design and construction plans on behalf of the licensee. The potential cost savings come from the flexibility of allowing the applicant to contract services from a larger pool of engineers. The applicant E:\FR\FM\09APP2.SGM 09APP2 19132 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules may have existing relationships with foreign engineers as the construction of LNG ports is multinational. Thus, the expertise of the foreign engineer may allow for more rapid review, greater institutional knowledge, and prior professional relationships which could result in potential cost savings. • Proposed § 149.52 allows for adoption of classification society standards. Many maritime companies rely on classification standards to satisfy insurance, safety management system (SMS), and other requirements. The Coast Guard’s adoption of classification society standards eliminates the potential for duplicate effort. The Coast Guard recognizes that work already completed by a classification society can be used in the application process. An example is the APL submerged turret loading buoy system to import natural gas. The first natural gas deepwater port was Gulf Gateway, which used the APL submerged turret loading buoy system. There were no existing classification standards that addressed these types of ports or their components. Classification societies (American Bureau of Shipping (ABS) and Det Norske Veritas (DNV)) had to develop standards as the post-licensing review and approval process was taking place. Additional review on the part of the Coast Guard to grant equivalency approvals for some major port components and systems (emergency alarms, shutoffs, etc.) caused some delays in schedule. The classification societies have developed a highly detailed body of information on the submerged turret loading buoy-type deepwater ports, as well as practical experience with the actual deepwater port operations. This information, adopted as classification society standards, will improve and expedite the post-licensing engineering review and approval process. • Proposed § 150.435 authorizes continuation of cargo transfer operations during an electrical storm. The potential cost savings derives from the ability to continue safe operations during certain electrical storms in accordance with the deepwater port’s plans. The LNG port operators have stated that they cannot shut down operations during electrical storms as this will lead to potentially hazardous situations due to static electricity build-up. TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE Description of change § 148.3 Type of change What Federal agencies are responsible for implementing the Deepwater Port Act? Clarify the Coast Guard’s role as the lead agency responsible for preparing the environmental impact analysis under NEPA, compliance with NEPA and other relevant environmental laws, and matters relating to navigation safety and security, engineering and safety standards, and facility inspections. PHMSA is the Federal agency with jurisdiction over the construction and operation of pipeline components of a deepwater port. Expands the description of responsibilities for the Coast Guard and cooperating Federal agencies. Delete the reference to an expired Interagency MOU between the Coast Guard and MARAD. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 148.5 Cost impact Administrative: Clarification of existing role. No cost. Administrative: Clarification of existing authority of PHMSA. Administrative: Clarification of existing authority of cooperating Federal agencies. Administrative: Deletion of outdated reference. No cost. No cost. No cost. How are terms used in this subchapter defined? Definition clarifies the requirements of a security plan’s scope and contents and would align with 33 CFR subchapter H. Definition specifies the components that comprise the flexible riser and umbilical portion of a STL buoy system. Moved from § 149.5 .......................................................... Definition clarifies that the operator of a deepwater port may be either the person who receives the license to operate (licensee), or the licensee’s designated representative who is responsible for the day to day operation of the deepwater port. Definition clarifies jurisdictional boundaries regarding Federal agency oversight of deepwater pipelines between the Coast Guard and PHMSA regarding oversight of deepwater port pipelines. Definition clarifies that the PLEM includes the last downstream valve prior to the deepwater port pipeline. Definition to account for a new proposed post-licensing requirement. Moved from § 149.5 .......................................................... Moved from § 149.5 .......................................................... Definition distinguishes between deepwater ports that use STL buoys to affect cargo transfer and deepwater ports that use single point moorings for cargo transfer operations. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Administrative: Definition .... No cost. Administrative: Definition .... No cost. Administrative: Move .......... Administrative: Definition .... No cost. No cost. Administrative: Definition .... No cost. Administrative: Definition .... No cost. Administrative: Definition .... No cost. Administrative: Move .......... Administrative: Move .......... Administrative: Definition .... No cost. No cost. No cost. Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19133 TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change § 148.8 Type of change Cost impact How are certifying entities designated and used for purposes of this subchapter? Allows the applicant to nominate a CE during the application processing phase in order to begin the technical review necessary for the approval of design, construction, installation, operation, maintenance and decommissioning plans for any proposed deepwater port. § 148.105 Administrative: Provides flexibility in nominating CE earlier in process. Possible time and cost savings. The CE can be nominated and chosen during MARAD evaluation period rather than waiting until after the ROD, allowing an earlier start to certification. The CE could begin a technical review during MARAD evaluation period to identify potential problems and solutions before work has progressed further on an application. Administrative: Clarification of MARAD and the Coast Guard’s existing roles re: DWPA financial responsibility. Administrative: Clarification of who is financially responsible party. Administrative: Clarification of need for consistency certificate to comply with existing Coastal Zone Management Program requirements. Administrative: Provides flexibility in means of certifying accuracy of maps and diagrams. No cost. What must I include in my application? Clarifies that MARAD, and not the Coast Guard, is the lead agency responsible for matters regarding the DWPA financial responsibility aspect of a deepwater port application. Removes and replaces ‘‘operator’’ with ‘‘licensee’’ as the responsible party for costs associated with removal of port components. Clarifies that the applicant must provide with its application a completed consistency certification stating that the proposed deepwater port complies with each affected State’s Coastal Management Program per 15 CFR part 930, subpart D. Allows an applicant to provide an equivalent means of certifying the accuracy of the leasing maps or protraction diagrams, as an alternative to using a professional surveyor. Requires the site plan showing proposed anchorage and mooring areas to also include areas associated with construction and installation of deepwater port components (e.g., pipelaying) in addition to deepwater port operations. Allow exceptions to 5-year limit on age of data for certain hydrographic data. Requires an applicant to provide MetOcean data that includes prevailing winds, currents, waves and storm history in the affected area of the proposed deepwater port site. Requires an applicant to provide vessel traffic data to support analysis of navigational safety and security hazards. Clarifies information needed to support application. Administrative: Provides flexibility by allowing the use of data older than 5 years under certain circumstances. Clarifies information needed to support application. Clarifies information needed to support application. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Clarifies that geological survey data includes not just soil analysis, but also the overall physical characteristics of the ocean bottom (e.g., soil mechanics). Clarifies information needed to support application. Formalizes the independent risk and consequence assessment process that has been customarily submitted as a supplement to the application. Requires the applicant to identify in the environmental evaluation section of the application a reasonable range of alternatives to the proposed action to include deepwater port location, pipeline routes and landfall locations (if applicable), construction methods, and deepwater port design and technologies used during operations. Clarifies information needed to support application. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Clarifies information needed to support application. Frm 00017 Fmt 4701 Sfmt 4702 No cost. No cost. Possible time and cost savings. As the Coast Guard processed applications, it became aware of the limited availability of registered professional surveyors authorized to certify Outer Continental Shelf leasing maps or protraction diagrams. This resulted in delays in application processing. By allowing for equivalent means of certification, this proposed change would broaden the spectrum of persons who would be able to provide the necessary professional competency to certify the accuracy or correctness of the leasing maps or protraction diagrams, and minimize delays in application processing. No cost. Information has been required from all past applicants. Clarifying information needed up front does not result in additional cost but instead helps prevent delays. Potential time and cost savings. The proposed change would allow the use of older data, with Coast Guard approval. Use of older information may result in costs avoided to develop new data. No cost. Information has been required from all past applicants. Clarifying information needed up front does not result in additional cost but instead helps prevent delays. No cost. Information has been required from all past applicants. Clarifying information needed up front does not result in additional cost but instead helps prevent delays. No cost. Information has been required from all past applicants. Clarifying information needed up front does not result in additional cost but instead helps prevent delays. No cost. Formalizes existing process (information already submitted as a supplement). No cost. Information has been required from all past applicants. Clarifying information needed up front does not result in additional cost but instead helps prevent delays. E:\FR\FM\09APP2.SGM 09APP2 19134 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Cost impact Requires the applicant to include in the deepwater port application a request for a COA as defined at 33 CFR 158.120 or a request for waiver if compliance is impracticable or unreasonable. Clarifies information needed to support application. No cost. Information already compiled and submitted by all applicants to comply with MARPOL and APPS. § 148.107 What happens if I supplement my application? Allows for suspension of timeline if information required is not provided in a timely manner. Superseded ....................................................................... Superseded ....................................................................... Superseded ....................................................................... Replaces (2) ..................................................................... Replaces (3) ..................................................................... § 148.125 No cost. Administrative: Formalizes existing process. No cost. Administrative: Formalizes process to allow for resubmittal of application. Potential cost savings. Formalizes process that allows for resubmission of modified application with no filing fee. Administrative: Clarifies respective duties of Coast Guard and MARAD. No cost. What if a formal evidentiary hearing is necessary? Establishes procedures to be used for a formal evidentiary hearing. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 No cost. No cost. How can a State be designated as an Adjacent Coastal State? States that MARAD determines whether a State should be considered an Adjacent Coastal State, and that MARAD, in consultation with the Coast Guard, would designate the Adjacent Coastal States. § 148.228 Administrative: Removes reference to outdated MOU. No cost. May I resubmit my application? Formalizes process for re-submittal of application. Allows for resubmission of application with no filing fee. § 148.217 No cost. Formalizes current industry practice. Clarifies current practice when processing deepwater port applications that costs for environmental analyses must be paid by applicant prior to commencing operation of deepwater port. No cost. What must I do if I need to change my application? Formalizes process in the case of a significant change or required information. § 148.214 Administrative: Adding environmental analysis as example. No cost. How is the application processed? Removes reference to outdated MOU ............................. § 148.211 No cost. Existing process for suspending timelines already in use when applicable. What are the application fees? Adds environmental analysis as examples of costs for application and post-license review. § 148.209 Administrative: Formalizes existing process for suspending timeline. Administrative: Removes and replaces with (d) and (e). Administrative: Removes and replaces with (d) and (e). Administrative: Removes and replaces with (d) and (e). Administrative: Formalizes existing process for suspending timeline. Administrative: Formalizes existing process for suspending timeline. Removes (b)–(d) ............................................................... Administrative: Provides No cost. procedures for existing hearings. Administrative: Removes No cost. superseded requirements. §§ 148.230 through 148.256 Removes ........................................................................... § 148.276 Administrative: Removes No cost. superseded requirements. What is the timeline for approving or denying an application? VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19135 TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Describes timeline for action on a license including the publishing of a notice of application. Administrative: Clarifies timing for publication of notice of application. Administrative: Clarifies process for Adjacent Coastal State public hearings. Describes MARAD public hearings in Adjacent Coastal States. § 148.283 Discusses that the OPA 90 limit of liability of a deepwater port will not be reduced to less than $50 million, and may be increased following a reduction, as the Coast Guard deems appropriate, if the design, construction, or operation of the deepwater port changes, or if oil spill incidents related to the deepwater port, or to deepwater ports generally, indicate that a higher limit is needed. Describes that requests for adjustments to the OPA 90 deepwater port limit of liability may be submitted with a license application or upon receipt of a license from MARAD to construct and operate the proposed deepwater port. Describes the contents of requests to adjust the limit of liability under 33 U.S.C. 2704(d)(2), including a risk analysis of the deepwater port to determine its maximum most probable oil discharge and an economic analysis to determine the removal costs and damages of such a spill. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 No cost. Information for submission with application: Clarifies use of BOEM guidelines for certain data. No cost. Does not add a new requirement, but clarifies what standards would be sufficient for the Coast Guard to properly evaluate an applicant’s deepwater port site evaluation and pre-construction testing plans. Applicants currently use BOEM guidelines. Administrative: Clarifies process for existing authority for CG to lower the OPA 90 limit of liability for deepwater ports. Administrative: Sets minimum level for OPA 90 limit of liability adjustments and describes process for increases as appropriate. No cost. Explains process to lower oil spill liability limits. Requires no change of behavior. Administrative: Clarifies process for existing authority for CG to lower OPA 90 limit of liability. No cost. Explains OPA 90 liability adjustments. Requires no change of behavior. Additional Information: Lists information required to support an adjustment to liability. No cost. The industry is currently required by OPA 90 to perform this risk analysis. No cost. Explains OPA 90 liability adjustments. Requires no change of behavior. Additional Information: Clarifies existing requirements for NEPA submissions. No cost. The intent of this revision is to clarify that the existing NEPA and DWPA requirements must be met. This has always been required under NEPA and DWPA in order to develop and publish the EIS, and to initiate Endangered Species Act Section 7 consultation w/NFMS & FWS. Administrative: Specifies data already required and data quality for Coast Guard review. No cost. How is an environmental review conducted? Adds the following to the existing list of factors: geographic relevance, age of data, and methods of data analysis. § 148.737 No cost. What type of criteria will be used in an environmental evaluation and how will they be applied? (b) Expands the list of resource areas which will be considered in the environmental impact analysis to include, without being limited to, threatened species; marine protected areas; marine, coastal, and migratory birds; marine mammals; and fisheries. 148.715 Administrative: Clarification of joint written notice procedure. Administrative: Substitutes ‘‘withdrawn’’ for ‘‘suspended’’ to describe when an application process is stopped. What are the procedures under OPA 90 for adjusting a deepwater port’s limit of liability under 33 U.S.C. 2704(d)(2)? Clarifies that Coast Guard may lower the OPA 90 limit of liability for deepwater ports under 33 U.S.C. 2704(d)(2) on a port-by-port basis, after evaluating oil spill risk and economic analyses. § 148.707 No cost. What are the procedures for notifying the Commandant (CG–5P) of proposed site evaluation and pre-construction testing? Clarifies that BOEM guidelines for geological and geophysical surveys should be applied when the applicant plans to use bottom and sub-bottom acoustic profiling during deepwater port site evaluation and pre-construction activities. § 148.605 No cost. When may the application process be stopped and an application be treated as withdrawn? Clarifies that MARAD and Commandant will provide a joint written notice to the applicant of action taken under this section. Clarifies when a suspended application is considered withdrawn. § 148.405 Cost impact What environmental statutes must an applicant follow? VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 19136 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Removes the list of environmental statutes and executive orders and replaces it with a reference to the list on the Commandant Web site. Administrative: Replaces list of statutes with reference to Web site so list can be kept current. No cost. Administrative: Moved ........ No cost. § 149.5 Cost impact What definitions apply to this part? Moves to definitions section 148.5 ................................... § 149.15 What is the process for submitting alterations and modifications affecting the design and construction of a deepwater port? Contains procedures for preparation and submission of plans pertaining to design, construction and operation of the deepwater port, and the Coast Guard’s review and approval of these proposed plans. § 149.20 Administrative: Clarifies existing practice by adding STL buoy. No cost. Current industry practice that all STL buoy applicants notify District Commander. What construction drawings and specifications are required? Allows a foreign national engineer, possessing qualifications equivalent to those required in the United States for a professional engineer, to submit design and construction plans on behalf of the licensee. § 149.52 No cost. What must the District Commander be notified of and when? Adds that the District Commander must be notified of the construction of a STL buoy. § 149.51 Administrative: Removed to § 149.54. Qualifications: Allows equivalent qualifications for foreign national engineer. Potential cost savings due to flexibility. Classification standards: Allows the use of classification society standards as generally used within the industry. Provides alternative for compliance that has potential cost savings due to use of existing industry classification society standards by recognizing work already completed by a classification society, eliminating the potential for duplicating effort. What are the design standards? Clarifies what the appropriate classification society requirements are for deepwater ports. This proposed change would be added to explicitly allow for the adoption of classification society standards generally used within the offshore industry that are at least equivalent to rules established by any recognized classification society recognized by the Coast Guard. § 149.54 What is the process for submitting alterations and modifications affecting the design, construction, and operations of a deepwater port? Moved from another section ............................................. Administrative: Moves existing text from other section. No cost. § 149.57 What is the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? Provides standardization of the deepwater port commissioning process, ensures all levels of the Coast Guard with deepwater port responsibilities are appraised of a deepwater port’s pending operational approval, and clarifies for the licensee the identity of the responsible Coast Guard official with daily operational oversight. Administrative: Describes process, clarifies responsibilities. No cost. Uses existing Coast Guard resources. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 149.58 What is the role of the certifying entity in the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? Describes the scope and duration of a CE’s responsibility during each phase of design, construction, and operations, and would apply to all nominated CEs whether nominated under proposed § 148.8 or not. § 149.115 Certifying entity: Describes scope and duration of CE responsibility. No cost. Current industry practice. Clarifies the role of the technical contractor they have already been employing to develop the application to assume the role as CE for the design, construction, installation, and commencement of deepwater port operations. What are the requirements for pipeline end manifold shutoff valves? VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19137 TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Cost impact Revises to indicate that the PLEM’s shutoff valve must be operable from a remote location because that capability must be available for operations on unmanned deepwater ports as well as during emergencies. Equipment requirement: Pipeline end manifold’s shutoff valve must be operable from remote location. No cost. Formalizes current industry practice. Remotely-operated shutoff valves are already required to be installed on all currently active deepwater ports. (i.e., 49 CFR 193 (PHMSA) for LNG deepwater ports), as well as be designed and maintained in accordance with Classification Society Rules (ABS and DNV). § 149.206 What are the requirements for survival craft and rescue boats? Aligns the requirements for survival craft and rescue boats for manned deepwater ports with Coast Guard requirements for survival craft and rescue boats for MODUs in 46 CFR 108.520–108.575. Survival craft: Aligns requirements with MODU CFRs. No cost. Formalizes current industry practice. LOOP is the only manned deepwater port and is currently equipped w/SOLAS-compliant survival craft, thus already complying with this regulation change. The cost for operating and maintaining these craft is already factored into port operational budget. Future manned deepwater ports are also expected to comply with SOLAS survival craft requirements. Administrative: Removed ... No cost. § 149.306 through 149.315. Removes sections ............................................................ § 150.10 What are the general requirements for operations manuals? To ensure operations manuals are subject to continuous review and reflect the deepwater port’s actual operational profile, the Coast Guard proposes in § 150.10(e) to establish a 5-year cycle for the operator to re-submit the operations manual to the Commandant (CG–5P) to be re-reviewed and re-approved. This 5-year review cycle would coincide with the existing 5-year environmental baseline reassessment requirement found at § 150.15(bb). Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 150.15 Operations manual: 5-year cycle to resubmit operational manual for review. No cost. Formalizes current industry practice and recognizes established procedure. Deepwater port operators have been submitting their operations manuals on a 5-year cycle for nearly 10 years to comply with MTSA requirements, permits, and requirements from other Federal agencies. Operations manual: Specifies inclusion of existing COA in manual. No cost. Formalizes current industry practice. Audit program for port security plan: Establishes a requirement for annual audit of port security plan. Results are submitted as attachment to existing annual self-inspection report. No cost. The deepwater port security plan is a subset of the operations manual. As stated above, LOOP and the LNG deepwater port operators are already employing contractors to conduct and produce port security assessments and to update the operations and security plans as needed. This regulatory revision is formalizing what is current industry practice and meets the approval of the cognizant COTP. Audit program for port security plan: Establishes requirement for audit of security plan if there is a change in ownership, operations or modification to the port. No cost. Formalizes current industry practice. Existing Coast Guard deepwater port regulations (§ 150.15(x)) require the operator to maintain a security plan ‘‘comparable to part 106.’’ Part 106, in turn, requires the security plan to be audited annually and to be submitted to Coast Guard for re-approval every 5 years. No currently operating deepwater port has had more than annual audits. What must the operations manual include? Require that the operations manual include either the deepwater port’s COA that certifies the deepwater port meets the requirements for reception facilities as required under 33 CFR part 158, or to include a waiver of the COA issued by the responsible Sector Commander or MSU Commander with COTP and OCMI authority. Comprehensive audit program to ensure that the deepwater port operator has an approved and regularly reviewed deepwater port security plan. To help fulfill this verification requirement, the Coast Guard would implement an annual audit program for deepwater ports that would align with, and the report of audit results would be an attachment to, the annual self-inspection report that the operator is already required to provide to the responsible Sector Commander or MSU Commander with COTP and OCMI authority as specified at § 150.105. This proposed requirement would allow the Sector Commander or MSU Commander with COTP and OCMI authority to verify that the deepwater port operator has the necessary personnel and procedures in place to respond to a security incident in a manner that adequately protects the deepwater port, human health, and the environment. Establishes that the deepwater port security plan must be audited if there is a change in ownership or operations of the deepwater port, or if there have been modifications to the deepwater port. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 19138 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Limits the scope of audits of the port security plan to only those sections affected by the modifications. Audit program for port security plan: Clarifies existing requirements in 106.415(b)(3). Audit program for port security plan: Establishes process if audit results require amendment. Requires submittal of the proposed amendment to the cognizant Sector Commander or MSU Commander with COTP and OCMI authority, with copy to the Commandant for review and approval. Establishes that the Sector Commander or MSU Commander with COTP and OCMI authority will normally perform an annual security inspection to verify the findings in the audit. The Sector Commander or MSU Commander with COTP and OCMI authority will perform a more detailed deepwater port security plan review at prescribed 5-year intervals following initial approval of the deepwater port security plan and will include onsite inspection of personnel assignments and qualifications, observance of security drills, and other security exercises as necessary. Adopts the use of a formal PMMP. Currently, every licensed deepwater port has a PMMP as a condition of the MARAD-issued license by making the PMMP a requirement of the operations manual. Requires the operator to develop a manual that addresses deepwater port pipeline operations, maintenance and emergencies. This manual, which would be an appendix to the operations manual, would incorporate procedures that meet the requirements of PHMSA regulations. § 150.25 Explicitly enables other Federal agencies to propose amendments of the operations manual to Commandant. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 requirements in No cost. Formalizes current industry practice. Existing Coast Guard deepwater port regulations (§ 150.15(x)) require the operator to maintain a security plan ‘‘comparable to part 106.’’ Part 106, in turn, requires the security plan to be audited annually and to be submitted to Coast Guard for re-approval every 5 years. No cost. Formalizes current industry practice. Existing Coast Guard deepwater port regulations (§ 150.15(x)) require the operator to maintain a security plan ‘‘comparable to part 106.’’ Part 106, in turn, requires the security plan to be audited annually and to be submitted to Coast Guard for re-approval every 5 years. No cost. Current industry practice as every deepwater port has a PMMP to get a license. This also harmonizes with MARAD requirements. No cost. Formalizes current industry practice and is also currently required as a condition of the MARADissued license for PHMSA approval. Has been submitted by all applicants for deepwater ports. Administrative: Clarifies responsibility of Sector Commander or MSU Commander with COTP and OCMI authority with respect to operations manual amendments. Administrative: Enables other Federal agencies to propose amendments to operations manual. No cost. No cost. Amendment to Operations Manual: Process for submittal and notification of amendment. No cost. Formalizes current industry practice. These types of changes requiring Coast Guard review and approval are already routinely submitted electronically to Coast Guard. What are the requirements for inspecting deepwater ports? Adds new paragraph (b) to affirm that other Federal agency representatives may accompany Coast Guard personnel during an inspection of a deepwater port to verify compliance in those areas of operations over which each agency has jurisdiction. § 150.105 Operations manual: Requires that existing PMMP be incorporated as part of the operations manual. Procedural manual for pipelines: Requires development of a procedures manual for pipelines incorporating existing PHMSA requirements. existing How may the licensee propose an amendment to the operations manual? Adds new paragraph (a) to state that the applicant must provide Commandant with a copy of the proposed amendment. Commandant would then notify MARAD prior to approval of significant changes to the deepwater port’s operations. § 150.100 Security plans: Establishes requirement for Sector Commander or MSU Commander with COTP and OCMI authority to perform annual security inspection and 5-year security plan review. No cost. Clarifies 106.415(b)(3). When will the Coast Guard require amendments to the operations manual? Amends the regulation to clarify that if the responsible Sector Commander or MSU Commander with COTP and OCMI authority determines that the licensee’s proposed amendments to the operations manual are inadequate, the COTP may return the proposed amendments to the licensee for revision. § 150.30 Cost impact Administrative: Clarifies that representatives from other Federal agencies can accompany Coast Guard personnel during an inspection. No cost. What are the requirements for annual self-inspection? VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19139 TABLE 3—ASSESSMENT OF IMPACTS OF THE PROPOSED RULE—Continued Description of change Type of change Cost impact Revises the procedures for development and approval of a deepwater port self-inspection program by which deepwater ports may, prior to commencement of operations, submit a self-inspection program to the responsible Sector Commander or MSU Commander with COTP and OCMI authority for consideration and approval. Requires that the responsible Sector Commander or MSU Commander with COTP and OCMI authority validate the results of each inspection. If the Sector Commander or MSU Commander with COTP and OCMI authority determines the deepwater port is not operating in conformity with its operations manual or license, the Sector Commander or MSU Commander with COTP and OCMI authority must direct appropriate corrective action and notify Commandant (CG– 5P) and, if there is a possible violation of a license condition, notify MARAD. Self-inspection Program: Clarifies existing procedures for development of self-inspection program. No cost. Clarifies existing procedures for development of self-inspection program. Administrative: Clarifies procedures for validation of inspections. No cost. § 150.107 What notice must be given in the event of inspections? Requires that the operator notify the responsible Sector Commander or MSU Commander with COTP and OCMI authority when a Federal or State agency schedules an inspection, and retain the record of results of any Federal or State agency inspection, and make those records available for review upon request from the responsible Sector Commander or MSU Commander with COTP and OCMI authority or his or her designated representative. § 150.110 Rmajette on DSK2VPTVN1PROD with PROPOSALS2 No cost. Formalizes current industry practice. These types of changes requiring Coast Guard review and approval are already routinely submitted to Coast Guard. Training: Requires that all employees receive basic safety training. No cost. Consolidates existing training requirements that are currently scattered throughout part 150. All deepwater ports currently require basic safety training for all crew and persons other than crew on deepwater ports. Cargo transfers: Allows continuation of cargo transfers during electrical storms if certain procedures are used. Potential cost savings due to flexibility in continuing operations. Also, LNG ports must maintain operations to avoid possible hazardous situations. Notification of oil pollution incidents: Requires that person in charge report oil pollution incidents. No cost. Already required in § 135.307. When are cargo transfers not allowed? Authorizes continuation of cargo transfers during an electrical storm in the vicinity of the deepwater port so long as the operations manual contains approved procedures, with which the deepwater port operator is in compliance, to ensure the safety of personnel, equipment and the environment. § 150.830 Notification of classification status: Operator must notify Sector Commander or MSU Commander with COTP and OCMI authority of changes to classification status. What training and instruction are required? Ensures that all employees, regardless of status, receive basic safety training as soon as practicable after reporting to the deepwater port. § 150.435 No cost. Formalizes current industry practice. These types of changes requiring Coast Guard review and approval are already routinely submitted to Coast Guard. What are the notification requirements upon receipt of classification society certifications? Requires that the deepwater port operator notify the responsible Sector Commander or MSU Commander with COTP and OCMI authority of any changes to the deepwater port’s classification status to ensure the deepwater port’s operations are carried out in a manner that is safe for personnel and protective of the environment. § 150.225 Notification of inspection: Operator must notify Sector Commander or MSU Commander with COTP and OCMI authority of Federal or State inspection and retain records of inspections. Reporting a pollution incident. Requires that the person in charge report oil pollution incidents involving a deepwater port according to §§ 135.305 and 135.307. Benefits Part 148 The benefits of the proposed rule are summarized below. See Table 4 for more detailed marginal benefit analysis. The main purpose of the revisions to 33 CFR part 148 in this proposed rule is to clarify the deepwater port VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 application process. The roles of the Coast Guard, MARAD, BOEM, and other Federal agencies would be further clarified to insure applicants better understand the application process. The E:\FR\FM\09APP2.SGM 09APP2 19140 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules Coast Guard also proposed to revise the definitions used in parts 148, 149, and 150 to reflect actual operations. The benefits for 33 CFR part 148 would come from incorporating lessons learned from the history of deepwater port applications. The Coast Guard frequently finds that applications cannot be fully processed without timeconsuming delays to obtain additional data from applicants. The result may require the Coast Guard to ‘‘stop the clock’’ on the application review process. This proposed rule will likely reduce the periods when the ‘‘clock is stopped,’’ and expedite the application process. increased flexibility in the review and approval process and for certifying entities. Part 149 The proposed changes to part 150 of Title 33 would consolidate operational requirements and codify current industry practice to improve understanding of, and compliance with, good operational practices. The proposed changes in 33 CFR part 149 are mainly technical and administrative in nature to clarify the review and approval process. The proposed changes would allow for Part 150 TABLE 4—ASSESSMENT OF BENEFITS OF THE PROPOSED RULE Description of change Beneficial impact of change § 148.3 What Federal agencies are responsible for implementing the Deepwater Port Act? § 148.5 How are terms in this subchapter defined? § 148.8 How are certifying entities designated and used for purposes of this subchapter. Describes Coast Guard’s role as the lead agency responsible for NEPA compliance. Also describes the responsibilities of PHMSA and other federal agencies. Deletes reference to expired MOU. Administrative definitions and reorganization ................. Clarifies for applicant the roles and responsibilities of Coast Guard and other Federal agencies to enhance understanding of application process. § 148.105 What must I include in my application? Various Administrative measures ................................... § 148.105 What must I include in my application? Provides flexibility in means of certifying accuracy of maps and diagrams. § 148.105 What must I include in my application? Allows use of data older than 5 years under certain circumstances. § 148.105 What must I include in my application? Specifies various information to be included with application. § 148.107 What happens if I supplement my application? § 148.125 What are the application fees? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Section Various Administrative changes, including formalizing existing process for suspending timeline. Possible time and cost savings. The CE can be nominated and chosen during the MARAD evaluation period, rather than waiting until after the ROD, allowing earlier start to certification. The CE could begin technical review during MARAD evaluation period to identify potential problems and solutions before work has progressed on a application. Clarifies roles of Coast Guard and MARAD, and who is a financially responsible party, and provides consistency with Coastal Zone Management Act procedures to enhance understanding of application process. Possible time and cost savings. As the Coast Guard processed applications, it became aware of the unavailability of registered professional surveyors authorized to certify Outer Continental Shelf leasing maps or protraction diagrams. This resulted in delays in application processing. By allowing for equivalent certifications, this proposed change would broaden the spectrum of persons who could certify the accuracy or correctness of the leasing maps or protraction diagrams, and minimize delays in application processing. Potential time and cost savings. The proposed change would allow the use of older data, with Coast Guard approval. Use of older information may result in costs avoided to develop new data. Clarifies information to be included with the application to prevent ‘‘stopping the clock’’ if information is requested during application review. Clarifies existing process and enhances understanding by removing outdated discussion. Administrative change that adds environmental analysis as examples of costs for application and post-license review. Administrative change that removes reference to outdated MOU. Formalizes existing process in the case of a significant change or required information. Clarifies the existing practice that environmental analysis costs are part of application and post-license review. Clarifies existing process by removing outdated references. Clarifies existing process to enhance understanding of application process. Formalizes process to allow for re-submittal of application. Potential cost savings. The proposed change allows for the resubmission of an application after a modification with no filing fee. The existing process allows resubmission, but a filing fee for the re-submittal applies. Clarifies existing process to enhance understanding of application process. § 148.209 How is the application processed? § 148.211 What must I do if I need to change my application? § 148.214 May I resubmit my application? § 148.217 How can a State be designated as an Adjacent Coastal State? § 148.228 What if a formal evidentiary hearing is necessary? VerDate Sep<11>2014 15:15 Apr 08, 2015 Allows the applicant to nominate a CE during the application processing phase in order to begin the technical review necessary for the approval of design, construction, installation, operation, maintenance and decommissioning plans for any proposed deepwater port. Clarifies respective duties of Coast Guard and MARAD Provides procedures for existing hearings and removes superseded requirements. Jkt 235001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 Clarification of various terms. Clarifies existing process to enhance understanding of application process. E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19141 TABLE 4—ASSESSMENT OF BENEFITS OF THE PROPOSED RULE—Continued Section Description of change Beneficial impact of change §§ 148.230 through 148.256 Removes superseded requirements ............................... § 148.276 What is the timeline for approving or denying an application? § 148.283 When may the application process be stopped and an application be treated as withdrawn? § 148.405 What are the procedures for notifying the Commandant (CG–5P) of proposed site evaluation and pre-construction testing? § 148.605 What are the procedures under OPA 90 for adjusting a deepwater port’s limit of liability under 33 U.S.C. 2704(d)(2)? Describes timing for publication of notice of application and process for Adjacent Coastal State public hearings. Describes that MARAD and Commandant will provide joint written statement to the applicant of action taken under this section. Clarifies existing process to enhance understanding of application process. Clarifies existing process to enhance understanding of application process. § 148.707 What type of criteria will be used in an environmental evaluation and how will they be applied? § 148.707 What type of criteria will be used in an environmental evaluation and how will they be applied? § 148.715 How is an environmental review conducted? § 148.737 What environmental statutes must an applicant follow? § 149.5 What definitions apply to this part? § 149.20 What must the District Commander be notified of and when? § 149.51 What construction drawings and specifications are required? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 149.52 What are the design standards? § 149.54 What is the process for submitting alterations and modifications affecting the design, construction, and operations of a deepwater port? § 149.57 What is the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? VerDate Sep<11>2014 15:15 Apr 08, 2015 Clarifies existing process to enhance understanding of application process. Clarifies that BOEM guidelines for geological and geophysical surveys should be applied when the applicant plans to use bottom and sub-bottom acoustic profiling during deepwater port site evaluation and pre-construction activities. Clarifies existing process to enhance understanding of application process. Clarifies process for existing authority for Coast Guard to lower the OPA 90 limit of liability for deepwater ports; sets minimum level for OPA 90 limit of liability adjustments and describes process for increases as appropriate; lists information required to support an adjustment to liability. Clarifies existing requirements for NEPA submissions .. Clarifies existing process to enhance understanding of application process. Clarifies information to be included with the Application to prevent ‘‘stopping the clock’’ if information is requested during application review. Deletes requirement to consider future environmental regulations as unreasonable. Possible time and cost savings. Consideration of future environmental regulations time consuming and requires speculation. Allows focus on complying with existing regulations. Adds the following to the existing list of factors: Geographic relevance, age of data, and methods of data analysis. Replaces list of statutes with reference to Web site so list can be kept current. Clarifies information to be included with the application to prevent ‘‘stopping the clock’’ if information is requested during application review. Allows for easier update of list of statutes that applicant must follow. Moves to definition section 148.5 ................................... Administrative to enhance understanding of application process by consolidating definitions. Clarifies existing requirement by adding STL. Adds that the District Commander must be notified of the construction of a submerged turret loading (STL) buoy. Allows a foreign national engineer, possessing qualifications equivalent to those required in the United States for a professional engineer, to submit design and construction plans on behalf of the licensee. Clarifies what the appropriate classification society requirements are for deepwater ports. This proposed change would be added to explicitly allow for the adoption of classification society standards generally used within the offshore industry that are at least equivalent to rules established by any recognized classification society recognized by the Coast Guard. Moves existing text from other section ........................... Provides standardization of the deepwater port commissioning process, ensures all levels of the Coast Guard with deepwater port responsibilities are appraised of a deepwater port’s pending operational approval, and clarifies for the licensee the identity of the responsible Coast Guard official with daily operational oversight. Jkt 235001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 Potential cost savings due to flexibility by allowing equivalent qualifications for foreign national engineer thereby avoiding potential delays. Potential cost savings due to use of existing industry classification society standards. Reorganizes text to enhance understanding. Describes the review and approval process and clarifies responsibilities to facilitate understanding of the process. E:\FR\FM\09APP2.SGM 09APP2 19142 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 4—ASSESSMENT OF BENEFITS OF THE PROPOSED RULE—Continued Section Description of change Beneficial impact of change § 149.58 What is the role of the certifying entity in the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? § 149.115 What are the requirements for pipeline end manifold shutoff valves? Describes the scope and duration of a CE’s responsibility during each phase of design, construction, and operations, and would apply to all nominated CEs whether nominated under proposed § 148.8 or not. (discussed previously under ‘‘B. Part 148, 2. Application Information and Review’’). Clarifies scope and duration of CE’s responsibility to enhance understanding of how the CE assists the application process. Revises to indicate that the pipeline end manifold’s shutoff valve must be operable from a remote location because that capability must be available for operations on unmanned deepwater ports as well as during emergencies. Aligns the requirements for survival craft and rescue boats for manned deepwater ports with Coast Guard regulations for the survival craft and rescue boat requirements for Mobile Offshore Drilling Units (MODU) in 46 CFR 108.520–108.575. To ensure operations manuals are subject to continuous review and reflect the deepwater port’s actual operational profile, the Coast Guard proposes in § 150.10(e) to establish a five-year cycle for the operator to re-submit the operations manual to the Commandant (CG–5P) to be re-reviewed and re-approved. This 5-year review cycle would coincide with the existing five-year environmental baseline reassessment requirement found at § 150.15(bb). Specifies details of operations manual including inclusion of existing COA and existing PMMP. Describes the annual audit of deepwater port security plan and clarifies scope of audits audit to modification. Requires development of a procedures manual for pipelines incorporating existing PHMSA requirements. Establishes requirement for Sector Commander or MSU Commander with COTP and OCMI authority to perform annual security inspection and 5-year security plan review. Clarifies responsibility of Sector Commander or MSU Commander with COTP and OCMI authority with respect to operations manual amendments and enables other Federal agencies to propose amendments to operations manual. Adds new paragraph (a) to state that the applicant must provide Commandant with a copy of the proposed amendment. Commandant would then notify MARAD prior to approval of significant changes to the deepwater port’s operations. Adds language that representatives from other Federal agencies can accompany Coast Guard personnel during an inspection. Clarifies existing requirements to improve ability to respond to emergencies and on unmanned facilities through the use of remote shutoff valves. § 149.206 What are the requirements for survival craft and rescue boats? § 150.10 What are the general requirements for operations manuals? § 150.15 What must the operations manual include? § 150.25 When will the Coast Guard require amendments to the operations manual? § 150.30 How may the licensee propose an amendment to the operations manual? § 150.100 What are the requirements for inspecting deepwater ports? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 150.105 What are the requirements for annual selfinspection? § 150.107 What notice must be given in the event of inspections? § 150.110 What are the notification requirements upon receipt of classification society certifications? § 150.225 What training and instruction are required? § 150.435 When are cargo transfers not allowed? VerDate Sep<11>2014 15:15 Apr 08, 2015 Clarifies the existing procedures for development and approval of a deepwater port self-inspection program by which deepwater ports may, prior to commencement of operations, submit a self-inspection program to the responsible Sector Commander or MSU Commander with COTP and OCMI authority for consideration and approval. Operator must notify Sector Commander or MSU Commander with COTP and OCMI authority of Federal or State inspection and retain records of inspections. Operator must notify Sector Commander or MSU Commander with COTP and OCMI authority of changes to classification status. Enhances understanding by aligning requirements with MODU CFR. Clarifies requirements for operations manual review to enhance understanding of process. Potential time and cost savings. Streamlines approval by ensuring that manual meets existing COA, MTSA, and PMMP/PHMSA requirements. Enhances understanding of process by clarifying responsibilities of Coast Guard and other Federal agencies with regards to amendments to operations manual. Enhances understanding of process by clarifying process for amending operations manual and notifying MARAD. Enhances understanding of process by clarifying that representatives from other Federal agencies can accompany Coast Guard personnel during an inspection. Enhances understanding of process by clarifying the existing procedures for developing and approving a self-inspection program. Formalizes current industry practice relating to notice of inspections. Formalizes current industry practice relating to changes to classification. Describes basic safety training requirements for all employees. Clarifies existing regulatory requirements for basic safety training for all employees. Allows continuation of cargo transfers during electrical storms if certain procedures are used. Potential cost savings due to flexibility in continuing operations. Also, LNG ports must maintain operations to avoid possible hazardous situations. Jkt 235001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19143 TABLE 4—ASSESSMENT OF BENEFITS OF THE PROPOSED RULE—Continued Section Description of change Beneficial impact of change § 150.830 Reporting a pollution incident. Describes process for reporting oil pollution incidents ... Enhances understanding of process by clarifying existing regulatory requirements for reporting oil pollution incidents. B. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this final rule will have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and government jurisdictions with populations of less than 50,000. There are three entities that operate existing deepwater ports. LOOP is owned by a consortium of three multinational energy corporations. The owners/operators of LOOP are not small; therefore, LOOP exceeds the threshold for a small entity. Gulf Gateway and Northeast Gateway are wholly owned by the second entity, which exceeds the threshold for a small entity. The deepwater port Neptune LNG is wholly owned by the third entity, which exceeds the threshold for a small entity. The applicants of the five applications that were withdrawn also exceed the threshold for a small entity. We assume that any new deepwater port will not be a small entity given the history and requirements for a new deepwater port. The North American Industry Classification System (NAICS) codes and size standards for these entities are found in Table 5. TABLE 5—NAICS CODES AND SIZE STANDARD FOR DEEPWATER PORT OPERATORS Count of companies 1 ............ 1 ............ 1 ............ Rmajette on DSK2VPTVN1PROD with PROPOSALS2 2 ............ Size standard (employees) NAICS Code 486110 Pipeline Transportation of Crude Oil. 424710 Petroleum Bulk Stations and Terminals. 211111 Oil and Gas Extraction. 221210 Natural Gas Distribution. 1,500 100 500 500 No not-for-profit organizations are involved with deepwater ports. Deepwater ports are beyond the boundary line and therefore beyond small government jurisdiction. This proposed rule will not have an adverse impact on small government entities. VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996,19 we want to assist small entities in understanding this proposed rule so that they could better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Mr. Kevin Tone, Deepwater Ports Standards Division (CG–OES–4), email Kevin.P.Tone@uscg.mil, phone (202) 372–1441. The Coast Guard will not retaliate against the small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). D. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 20 (PRA). Under OMB regulations 19 Public 20 44 PO 00000 Law 104–121. U.S.C. 3501–3520. Frm 00027 Fmt 4701 Sfmt 4702 implementing the PRA, ‘‘Controlling Paperwork Burdens on the Public’’ (5 CFR part 1320), ‘‘collection of information’’ means the obtaining, soliciting, or requiring the disclosure to an agency of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons. ‘‘Ten or more persons’’ refers to the number of respondents to whom a collection of information is addressed by the agency within any 12-month period and does not include employees of the respondent acting within the scope of their employment, contractors engaged by a respondent for the purpose of complying with the collection of information, or current employees of the Federal government. Collections of information affecting ten or more respondents within any 12-month period require OMB review and approval. This proposed rule comprises deepwater port application, operation, and oversight procedures. The Coast Guard expects fewer than ten entities in the natural gas industry would be affected by this rule within any 12month period because there are only four deepwater ports currently in operation, and the Coast Guard does not expect to receive ten or more applications in any future year because it has received only eight applications in the last five years combined. Thus, we expect to receive less than 10 applications per year; less than 10 submissions of design, construction, and equipment modification per year; and less than 10 proposals to amend approved Operation Manuals per year. Consequently, the number of respondents is less than the threshold of ten respondents per 12-month period for collection of information requirements under the PRA. E. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and E:\FR\FM\09APP2.SGM 09APP2 Rmajette on DSK2VPTVN1PROD with PROPOSALS2 19144 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis is explained below. Congress conferred rulemaking authority on the Secretary of Transportation to promulgate regulations to carry out the provisions of the DWPA. Relating to deepwater port licenses, 33 U.S.C. 1504(a) states that the Secretary ‘‘shall . . . issue regulations to carry out the purposes and provisions of [the DWPA] . . . Such regulations shall pertain to, but need not be limited to, application, issuance, transfer, renewal, suspension, and termination of licenses.’’ As noted above, when the Coast Guard was transferred to DHS, certain authorities and functions that were delegated to the Coast Guard while operating as a part of the Department of Transportation remained with the Coast Guard after its transfer to DHS. As such, the Coast Guard retained its delegated authority to establish the regulatory framework governing the application and licensing process of deepwater ports. Although Congress specifically provided for affected States to play a role in the licensing process of deepwater ports, the authorities exercised by the Coast Guard in this rulemaking do not involve those delineated State roles or responsibilities as they establish the licensing procedures themselves. Congress made clear in the language of the DWPA that the authority to establish licensing procedures was reserved to the Coast Guard and States may not regulate within this category. Therefore, the proposed rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132. Additionally, the Coast Guard was granted the authority by Congress, through delegation, to issue regulations to improve safety in deepwater ports. 33 U.S.C. 1509(b) states that the Secretary ‘‘shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.’’ As this proposed rule revises provisions regarding the construction, design, equipment, and operation of deepwater ports, it falls within the scope of authority Congress granted exclusively to the Secretary. This authority has been delegated to the Coast Guard and is exercised in this rulemaking, and the States may not regulate within these categories of construction, design, equipment and operation for deepwater ports. Therefore, the proposed rule is VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 consistent with the principles of federalism and preemption requirements in Executive Order 13132. While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of authority to issue regulations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, Executive Order 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this proposed rule has implications for federalism under Executive Order 13132, please contact the person listed in the FOR FURTHER INFORMATION section of this preamble. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 21 requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. H. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this proposed rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This proposed rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that Order. Though it is a ‘‘significant regulatory action’’ under E.O. 12866, it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. L. Technical Standards The National Technology Transfer and Advancement Act 22 directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment We have analyzed this proposed rule under DHS Management Directive 023– 01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969,23 and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist 22 Codified 21 2 PO 00000 U.S.C. 1531–1538. Frm 00028 Fmt 4701 23 42 Sfmt 4702 E:\FR\FM\09APP2.SGM as a note to 15 U.S.C. 272. U.S.C. 4321–4370f. 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules supporting this determination is available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. This action falls under section 2.B.2, figure 2–1, paragraph (34)(a) and involves regulations that are editorial or procedural, such as those updating or establishing application procedures. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects 33 CFR Part 148 Administrative practice and procedure, Environmental protection, Harbors, Petroleum. 33 CFR Part 149 Fire prevention, Harbors, Marine Safety, Navigation (water), Occupational safety and health, Oil pollution. 33 CFR Part 150 Harbors, Incorporation by reference, Marine safety, Navigation (water), Occupational safety and health, Oil pollution, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR parts 148, 149, and 150 as follows: PART 148—DEEPWATER PORTS: GENERAL 1. The authority citation for part 148 continues to read as follows: ■ Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75). ■ 2. Revise § 148.3 to read as follows: Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 148.3 What Federal agencies are responsible for implementing the Deepwater Port Act? (a) Under delegations from the Secretary of Homeland Security and the Secretary of Transportation, the Coast Guard and MARAD coordinate with each other in processing applications for the issuance, transfer, or amendment of a license for the construction and operation of a deepwater port. (b) The Coast Guard is responsible for compliance with the National Environmental Policy Act (NEPA), including, but not limited to, preparation of the appropriate environmental documents (Environmental Impact Statement, Environmental Assessment, and/or a State-required Environmental Impact Report) for each deepwater port license application. The Coast Guard also has VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 authority over certain matters relating to navigation safety and security, engineering and safety standards and deepwater port inspections. (c) MARAD is responsible for issuing the Record of Decision to announce whether a license application is approved, approved with conditions, or denied, and for issuing, revoking, and reinstating deepwater port licenses. MARAD also has authority over the approval of fees charged by Adjacent Coastal States, and certain matters relating to international policy, civil actions, and suspension or termination of licenses. (d) The Secretary of Transportation has delegated to the Administrator of the Pipeline Hazardous Materials and Safety Administration (PHMSA) the authority to carry out the functions vested in the Secretary under section 21 of the Deepwater Port Act relating to the safe construction, operation, and maintenance of pipelines associated with deepwater ports. (e) The Secretary of the Interior is responsible for determining the fair market rental value of the subsoil and seabed of the Outer Continental Shelf of the United States to be used by the deepwater port, including, but not limited to, the fair market rental value of the right-of-way necessary for the pipeline segment of the port located on such subsoil and seabed. Any proposed subsuface storage of oil and gas in the submerged lands of the Outer Continental Shelf is also subject to the review and approval of the Secretary of the Interior. In order to minimize potential impacts to existing facilities and protect the development potential of nearby oil, gas, and mineral resources, Bureau of Ocean Energy Management (BOEM) should also be involved in the site selection process. (f) The Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, and other Federal agencies are designated as cooperating agencies and support the Coast Guard and MARAD in the review and evaluation of deepwater port license applications. ■ 3. Amend § 148.5 as follows: ■ a. Add a definition in alphabetical order for ‘‘Accommodation module’’; ■ b. Revise the definition for ‘‘Construction’’; ■ c. Add definitions in alphabetical order for ‘‘Deepwater port’’, ‘‘Deepwater port security plan’’, ‘‘Engineering geological survey’’, ■ d. Remove the definition for ‘‘Engineering hydrographic survey’’; ■ e. Add in alphabetical order a definition for ‘‘Flexible riser and umbilical’’; PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 19145 f. Revise the definition for ‘‘Lease block’’; ■ g. Add in alphabetical order definitions for ‘‘Major conversion’’ and ‘‘Marine Safety Unit (MSU) Commander’’; ■ h. Revise the definitions for ‘‘Marine site’’ and ‘‘Maritime Administration’’; ■ i. Add in alphabetical order a definition for ‘‘Mile’’; ■ j. Revise the definitions for ‘‘Operator’’ and ‘‘Person in Charge’’; ■ k. Add in alphabetical order definitions for ‘‘PIC’’ and ‘‘Pipeline’’; ■ l. Revise the definition for ‘‘Pipeline end manifold’’; ■ m. Add in alphabetical order a definition for ‘‘Prevention, monitoring and mitigation program’’; ■ n. Revise the definition for ‘‘Safety zone’’; ■ o. Add in alphabetical order a definition for ‘‘Service space’’; ■ p. Revise the definitions for ‘‘Single point mooring oil transfer system’’; ‘‘Single point mooring natural gas transfer system’’; ■ q. Add in alphabetical order definitions for ‘‘Service space’’, ‘‘Sleeping space’’, and ‘‘Submerged turret loading buoy’’; and ■ r. Revise the definition for ‘‘Vessel’’. The additions and revisions read as follows; ■ § 148.5 How are terms used in this subchapter defined? As used in this subchapter: Accommodation module means a module with one or more accommodation spaces that is individually contracted and may be used for one or more facilities. * * * * * Construction means any activity incidental to building, repairing, or expanding a deepwater port or any of its components, and includes but is not limited to supervision, inspection, actual building, fabrication, laying of pipe, pile driving, bulk heading, alteration, modification, commissioning, and additions to the deepwater port. * * * * * Deepwater port. (1) Means any fixed or floating manmade structure other than a vessel, or any group of structures, located beyond State seaward boundaries that are used or are intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to or from any State, except as otherwise provided in the Deepwater Port Act of 1974, as amended, and for other uses not inconsistent with the purposes of the Deepwater Ports Act, including transportation of oil or natural gas from the United States’ OCS; E:\FR\FM\09APP2.SGM 09APP2 Rmajette on DSK2VPTVN1PROD with PROPOSALS2 19146 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules (2) Includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities, to the extent that they are located seaward of the high water mark; (3) Includes, in the case of natural gas, all components and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, and similar facilities which are proposed and/or approved for construction and operation as part of the deepwater port, to the extent that they are located seaward of the high water mark and do not include interconnecting facilities; and (4) Must be considered a ‘‘new source’’ for purposes of the Clean Air Act, as amended (codified at 42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act, as amended (codified at 33 U.S.C. 1251 et seq.). Deepwater port security plan or DPSP means the plan developed to ensure the implementation of security measures, at each Maritime Security Level defined in 33 CFR 101.105, to protect the deepwater port and its servicing vessels or those vessels interfacing with the deepwater port, and any cargoes and persons on board the port or vessels. * * * * * Engineering geological survey means a detailed geological analysis of seabed soil samples performed to determine the physical composition—for example the mineral content—and structural integrity for the installation of offshore components and structures. Flexible riser and umbilical refer to the parts of a single point mooring system and include the flexible product transfer and control system from the submerged turret loading (STL) buoy to a pipeline end manifold (PLEM). * * * * * Lease block means an area established either by the Secretary of the Interior under 43 U.S.C. 1334, or by a State under 43 U.S.C. 1311. * * * * * Major conversion means a conversion that the Commandant (CG–5P) determines will result in a substantial change to the deepwater port’s type or essence, dimensions, carrying capacity (if a floating deepwater port), processing equipment, or expected useful lifespan. * * * * * Marine Safety Unit (MSU) Commander means the same as the definition in 33 CFR 3.01–1(d)(2). Marine site means the area in which the deepwater port is located, including, but not limited to, the safety zone and all areas seaward of the high water mark in which associated components and VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 equipment of the deepwater port are located. Maritime Administration or MARAD means the Administrator of the Maritime Administration or that person’s designees, and includes the Associate Administrator for Intermodal System Development, Maritime Administration, or that individual’s authorized representative, at 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 366–0926. * * * * * Mile means nautical mile. * * * * * Operator means the licensee or the licensee’s designee. * * * * * Person in charge, when used without the abbreviation ‘‘PIC,’’ means a person in charge of an operation other than transfer operations. PIC means an individual designated as a person in charge of transfer operations under 33 CFR 154.710 for oil facilities or 33 CFR 127.301 for liquefied natural gas (LNG) facilities. * * * * * Pipeline means the pipeline portion of a deepwater port downstream of the last valve, and associated safety equipment, on the pipeline end manifold (PLEM). On deepwater ports with multiple mooring stations, the term includes the flow line or gathering line between each PLEM. Pipeline end manifold or PLEM means the deepwater port process skids containing the valves, controls, and instrumentation downstream of the mooring equipment. The PLEM is normally subsea and will normally include the last downstream valve prior to the deepwater port pipeline. * * * * * Prevention, monitoring, and mitigation program or PMMP means a post-licensing, performance-based process to evaluate the effectiveness of preventing or mitigating environmental impacts from deepwater port construction and operations, and including the development of a preconstruction monitoring baseline with subsequent periodic evaluations to determine if and when improvements to the program must be incorporated. * * * * * Safety zone means a safety zone established around a deepwater port under part 150, subpart J, of this chapter and extending up to 500 meters (approximately 1,640 feet) around the deepwater port, measured from each point on its outer edge or from its construction site, except as authorized by generally accepted international PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 standards or as recommended by the International Maritime Organization but not interfering with the use of recognized sea lanes. Service space means a space used for a galley, a pantry containing cooking appliances, a storeroom, or a workshop other than those in industrial areas, and trunks to those spaces. * * * * * Single point mooring oil transfer system or SPM–OTS means the part of the oil transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker’s manifold. This is not part of a submerged turret loading-single point mooring (STL–SPM) system. Single point mooring natural gas transfer system or SPM–NGTS means the part of the natural gas transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker’s manifold. This is not part of a submerged turret loading-single point mooring (STL– SPM) system. Sleeping space means a space provided with bunks for sleeping. * * * * * Submerged turret loading buoy or STL buoy means a loading buoy connected to the riser and umbilical that is pulled into a tanker’s receiving cone for the transfer of oil or natural gas. * * * * * Vessel means every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on or through the water. ■ 4. Amend § 148.8 as follows: ■ a. In paragraph (a), add a sentence at the end of the paragraph; and ■ b. In paragraph (b) introductory text, remove the words ‘‘may be made at any time after the Maritime Administration issues a record of decision approving the application, and’’. The addition reads as follows: § 148.8 How are certifying entities designated and used for purposes of this subchapter? (a) * * * Applicants may, with Commandant (CG–5P) approval, nominate a CE before the Maritime Administration issues a Record of Decision. * * * * * ■ 5. Amend § 148.105 by: ■ a. Revising paragraphs (g)(1)(i), (g)(2)(iii), (i)(1), and (j) introductory text; ■ b. Adding paragraphs (j)(1), (j)(1)(i), (j)(1)(ii), and (j)(2); ■ c. Revising paragraphs (k)(1) introductory text, (m)(1)(i), (m)(1)(iii), and (m)(2); ■ d. Adding paragraphs (m)(3) and (4); E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules e. Revising paragraphs (n) introductory text, (s)(6)(iv), (t) introductory text, (y), and (z); and ■ f. Adding paragraph (ff). The revisions and additions read as follows: ■ § 148.105 What must I include in my application? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 * * * * * (g) * * * (1) * * * (i) Annual financial statements, audited by an independent certified public accountant, for the previous 3 years, including, but not limited to, an income statement, balance sheet, and cash flow statement with footnote disclosures prepared according to U.S. Generally Accepted Accounting Principles; provided, however, that MARAD, in consultation with the Commandant (CG–5P), may waive this requirement upon finding: * * * * * (2) * * * (iii) A preliminary estimate of the cost of removing all of the deepwater port marine components, including pipelines that lie beneath the seabed. The licensee of a deepwater port is responsible for the costs associated with removal of all deepwater port components. Should a license be granted, MARAD will require a bond, guarantee, or other financial instrument to cover the complete cost of decommissioning as a condition of the license. * * * * * (i) * * * (1) Evidence, to the extent available, that the requirements of 33 U.S.C. 1341(a)(1) will be satisfied. If complete information is not available by the time MARAD must either approve or deny the application under 33 U.S.C. 1504(i)(1), the license for the deepwater port will be conditioned upon the applicant demonstrating that the requirements of 33 U.S.C. 1341(a)(1) will be satisfied. * * * * * (j) Coastal zone management. (1) The application must be accompanied by a completed consistency certification that the proposed activity complies with, and will be conducted in a manner consistent with, each affected state’s Coastal Management Program. This certification must include— (i) The statement: ‘‘The proposed activity complies with the enforceable policies of [NAME OF AFFECTED STATE]’s approved management program and will be conducted in a manner consistent with such program.’’; and VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 (ii) A copy of the environmental evaluation required by § 148.105(z) of this part; and (2) At the time of submitting the application, the applicant must also furnish to the appropriate agency of each State where the proposal may affect a coastal use or resource, a copy of the certification requesting concurrence with the consistency certification. Complete procedures for providing data for the consistency certification are specified at 15 CFR part 930, subpart D. (k) Identification of lease block. (1) Identification of each lease block where any part of the proposed deepwater port or its approaches is located. This identification must be made on official Outer Continental Shelf leasing maps or protraction diagrams, where available. Each map and diagram must be certified by a professional surveyor, or, in the alternative, the applicant must provide an equivalent means of certifying accuracy. For each lease block, provide the following: * * * * * (m) * * * (1) * * * (i) Fixed and floating structures and associated components seaward of the high water mark; * * * * * (iii) Proposed anchorage and mooring areas, including areas associated with construction and pipelaying operations; (2) A reconnaissance hydrographic survey of the proposed marine site. This survey should provide data on the water depth, cultural resources, and a general characterization of the sea bottom. A requirement to submit a reconnaissance hydrographic survey of the final marine site will be imposed as a condition in the license. The applicant may submit existing data, gathered within the previous 5 years (or within a longer timeframe if approved by the Commandant (CG–5P)), but it must be supplemented by field data for the specific locations in which a high degree of variability exists; (3) Meteorological/oceanographic (‘‘MetOcean’’) data. This should include prevailing winds, currents, waves and storms in the vicinity of the proposed marine site; and (4) Vessel traffic data. At least one year of vessel traffic data from the most recent year’s data, if available, in the vicinity of the proposed marine site. (n) Engineering geological survey data. An initial preliminary analysis of the general character and condition of the ocean bottom and sub-bottom, soils and sediments throughout the marine site, and, if applicable, soils and PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 19147 topography throughout the terrestrial site. If the applicant proposes to use horizontal directional drilling (HDD), the initial preliminary analysis must include a study addressing the feasibility of HDD in the proposed HDD location. The applicant may use existing data, so long as it was collected within the last 5 years (or within a longer timeframe if approved by the Commandant (CG–5P)) and continues to provide accurate information about conditions throughout the site. If not, a new survey must be completed to provide supplemental data. The analysis must include an opinion by a registered professional specializing in soil mechanics, such as a registered professional engineer or an equivalent means of certifying accuracy, concerning: * * * * * (s) * * * (6) * * * (iv) Any associated equipment, including equipment for oil or natural gas regasification, throughput measuring, leak detection, emergency shutdown, and the alarm system. * * * * * (t) Information on offshore pipelines. To facilitate timely processing of an application, applicants are encouraged to consult with PHMSA to verify the requirements for the design, construction, operation and maintenance of pipelines prior to submitting an application, which must include the following: * * * * * (y) Risk and consequence assessment. The applicant must submit a sitespecific risk and consequence assessment to assess the risks and consequences of accidental and intentional events that compromise cargo containment. The applicant may consult with the Commandant (CG–5P) to ensure that appropriate assessment procedures are used. If the Coast Guard determines that an independent risk and consequence assessment is necessary, the Coast Guard may require the applicant to provide additional data in order to support an independent, sitespecific analysis. The Coast Guard may use an approved third party to analyze the applicant provided data for impact on the public, property, and the environment including, but not limited to, potential events that result in a liquefied natural gas or oil spill, vapor dispersion and/or fire. The Coast Guardapproved third party will use validated models, for example, computational fluid dynamics, or an equivalent model. (z) Environmental evaluation. An analysis, sufficient to meet the E:\FR\FM\09APP2.SGM 09APP2 19148 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules requirements of the National Environmental Policy Act, and as outlined in subpart H of this part, of the potential impacts on the natural and human environments, including sufficient information that complies with all applicable Federal, tribal, and State requirements for the protection of the environment. The analysis must identify a reasonable range of alternatives to the proposed action including, but not limited to, deepwater port location, pipeline route and landfall, construction methods, deepwater port design, and technologies used during operation. * * * * * (ff) MARPOL 73/78 requirements for certification as Reception Facility for Oil, Noxious Liquid Substances, and Garbage. The deepwater port license applicant must include an application for a Certificate of Adequacy (COA) as defined in 33 CFR 158.120 or a written waiver justifying why compliance with the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention, or MARPOL 73/78, is unreasonable or impracticable. ■ 6. Revise § 148.107 to read as follows: Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 148.107 What happens if I supplement my application? (a) The Commandant (CG–5P), in coordination with MARAD, may require the applicant, or the applicant’s affiliates, to file as a supplement to the application any analysis, explanation, or other information the Commandant (CG–5P) deems necessary to process the application. (b) The Commandant (CG–5P), in coordination with MARAD, may require the applicant, or the applicant’s affiliates, to make available for Coast Guard or MARAD examination, under oath or for interview, persons having, or believed to have, necessary information. (c) If information under paragraph (a) or (b) of this section is required, the Commandant (CG–5P), with input from the applicant, will determine if that required supplemental information can be provided in a timeframe necessary to meet the Act’s timeline for processing the application. If the information under paragraph (a) or (b) cannot be provided in that timeframe, the Commandant (CG–5P), in consultation with MARAD, may suspend the timeline for processing the application until the Commandant (CG–5P) receives that information and deems it to be adequate. (d) The deadline for the Administrator’s review of an application under the Act is extended for a period of time equal to the total number of days VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 of all suspensions made under paragraph (c) of this section. (e) If information under paragraph (a) or (b) of this section is required, and the Commandant (CG–5P) determines that reasonable progress is not being made to supply that information, the Commandant (CG–5P) may recommend to MARAD to either suspend processing of the application indefinitely or to treat the application as withdrawn in accordance with § 148.283 of this part. § 148.125 [Amended] 7. Amend § 148.125(c) by adding the words ‘‘and additional environmental analysis’’ after the words ‘‘operations manual’’. ■ § 148.207 [Amended] 8. Amend § 148.209 by revising paragraph (a) to read as follows: ■ § 148.209 How is the application processed? * * * * * (a) Each Federal agency with jurisdiction over any aspect of ownership, construction, or operation of deepwater ports; and * * * * * ■ 9. Revise § 148.211 to read as follows: § 148.211 What must I do if I need to change my application? (a) If at any time before MARAD approves or denies an application, the information in it changes, becomes incomplete, or becomes inaccurate, the applicant must promptly submit the changes, additional information, or necessary corrections in the manner set forth in § 148.115 of this part. (b) The Coast Guard may determine that the change or required information is of such magnitude that it warrants submission of an amended or, in some cases, a completely revised application. The Commandant (CG–5P), in consultation with MARAD, will determine if the change is of such a magnitude as to require reopening of the scoping process or otherwise warrant the opportunity for additional public comment on the proposed action. ■ 10. Add § 148.214 to read as follows: § 148.214 May I resubmit my application? With the approval of MARAD, in consultation with the Commandant (CG–5P), an applicant may resubmit a previously withdrawn application in accordance with subpart B of this part. The Commandant (CG–5P) may waive such subpart B requirements as the Commandant (CG–5P) deems appropriate. Where the application was previously denied, or withdrawn due to concerns raised by either MARAD or the governor of an Adjacent Coastal State, PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 the resubmission must be accompanied by a memorandum in which the applicant shows clearly how the application has been revised to address those reasons for denial or concerns. § 148.215 [Amended] 11. Amend § 148.215 as follows: a. Redesignate paragraph (d) as paragraph (c)(5); and ■ b. In newly redesignated paragraph (c)(5), after the words ‘‘determination that the’’, add the words ‘‘proposed deepwater’’. ■ 12. Amend § 148.217 by revising paragraphs (b)(1), (c), and (d) to read as follows: ■ ■ § 148.217 How can a State be designated as an Adjacent Coastal State? * * * * * (b) * * * (1) Be submitted in writing to MARAD within 14 days after the date of publication of the notice of application in the Federal Register; * * * * * (c) Upon receipt of a request, MARAD will send a copy of the State’s request to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and ask for the Administrator’s recommendations within an amount of time that will allow MARAD, in consultation with the Commandant (CG–5P), 45 days from receipt of the request to determine the matter. (d) If after receiving NOAA’s recommendations, MARAD determines that the State should be considered an Adjacent Coastal State, MARAD, in consultation with the Commandant (CG–5P), will so designate it. If MARAD, in consultation with the Commandant (CG–5P), denies the request, he or she will notify the requesting State’s Governor of the denial. § 148.222 [Amended] 13. Amend § 148.222(b) by removing the words ‘‘The Commandant (CG–5) or the MARAD Administrator’’ and adding, in their place, the words ‘‘MARAD, in coordination with the Commandant (CG–5P),’’. ■ 14. Revise § 148.228 to read as follows: ■ § 148.228 What if a formal evidentiary hearing is necessary? After all public meetings under § 148.222 of this part are concluded, MARAD, in consultation with the Commandant (CG–5P), will consider whether there are one or more specific and material factual issues that may be resolved by a formal evidentiary hearing. If it is determined that a formal E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules evidentiary hearing is necessary, the hearing will be conducted in accordance with 5 U.S.C. 554, in accordance with procedures prescribed by MARAD. §§ 148.230, 148.232, 148.234, 148.236, 148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and 148.256 [Removed and Reserved] governor fails to transmit his or her approval or disapproval to MARAD not later than 45 days after the last public hearing, such approval will be conclusively presumed. § 148.281 15. Remove and reserve §§ 148.230 148.232, 148.234, 148.236, 148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and 148.256. ■ 16. Revise § 148.276 to read as follows: ■ § 148.276 What is the timeline for approving or denying an application? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 (a) In 33 U.S.C. 1504, the Act provides strict timelines for action on a license application, which, if closely observed, can lead to action in just under 1 year. The Coast Guard, with the concurrence of MARAD, may suspend the timeline if an applicant fails to provide timely information or requests additional time to comply with a request, as described in § 148.107 of this part. (b) The timeline for action on a license application includes publishing a notice of application. A notice of application is published after it has been determined that the application contains sufficient material for processing the application. The Coast Guard and MARAD must conduct a public hearing in each Adjacent Coastal State within 240 days of publishing the notice. (c) After the final environmental impact statement is published, MARAD will hold a final public hearing in each Adjacent Coastal State. MARAD issues a Record of Decision (ROD) approving or denying a license application within 90 days after the final public hearing. Actual issuance of a license may not take place until certain conditions imposed by the ROD have been met. Those conditions may include how the applicant must address design, construction, installation, testing, operations, and decommissioning of the deepwater port, or meet the requirements of other agencies. ■ 17. Amend § 148.277 by adding paragraph (d) to read as follows: [Amended] 18. Amend § 148.281(b)(1) by removing the letter ‘‘G’’ after the word ‘‘subpart’’ and adding, in its place, the letter ‘‘H’’. ■ 19. Revise § 148.283 to read as follows: ■ § 148.283 When may the application process be stopped and an application be treated as withdrawn? (a) The Commandant (CG–5P) may recommend to MARAD that an application be treated as withdrawn before the application is approved or denied if— (1) The application is withdrawn before MARAD approves it; or (2) The application is incomplete, and the applicant does not respond to a request by the Commandant (CG–5P) for further information, as per § 148.107 of this part. (b) The Commandant (CG–5P) and MARAD will provide joint written notice to the applicant of an action taken under this section. § 148.405 [Amended] 20. Amend § 148.405(c)(2) as follows: a. After the word ‘‘limits’’, remove the symbol ‘‘,’’; and ■ b. After the word ‘‘explosives’’, add the words ‘‘, per the applicable guidance for geological and geophysical surveys prescribed by the Bureau of Ocean Energy Management (BOEM)’’. ■ ■ Subpart G—[Redesignated as Subpart H] 21. Redesignate subpart G, consisting of §§ 148.700 through 148.737, as subpart H. ■ 22. Add new subpart G entitled ‘‘Subpart G—Oil Pollution Act of 1990 Limits of Liability for Deepwater Ports’’ and move §§ 148.600 and 148.605 from subpart F to new subpart G and revise them to read as follows: ■ Subpart G—Oil Pollution Act of 1990 Limits of Liability for Deepwater Ports § 148.277 How may Federal agencies and States participate in the application process? § 148.600 Where can I find the Oil Pollution Act of 1990 (OPA 90) limits of financial liability for deepwater ports? * The OPA 90 limits of liability for deepwater ports are set forth in 33 CFR 138.230(b). The limits of liability in that section are adjusted periodically for significant increases in the Consumer Price Index, in accordance with 33 U.S.C. 2704(d)(4) and the procedures in 33 CFR 138.240. The limits of liability * * * * (d) Approvals or disapprovals of the application from the governors of Adjacent Coastal States will be accepted by MARAD only within the 45-day period after the close of the final public hearing on the application, and not before the final public hearing. If the VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 19149 may also be adjusted under 33 U.S.C. 2704(d)(2) and the procedures in § 148.605 of this subpart. § 148.605 What are the procedures under OPA 90 for adjusting a deepwater port’s limit of liability under 33 U.S.C. 2704(d)(2)? (a) Upon an applicant’s or licensee’s request, the Coast Guard may lower the generally applicable OPA 90 limit of liability for deepwater ports in 33 CFR 138.230(b)(1). The Coast Guard may do so under 33 U.S.C. 2704(d)(2) on a port by-port-basis, after evaluating a spill risk analysis and an economic analysis. Adjustments to a deepwater port’s limit of liability are established by a rulemaking that allows for public notice and comment, and if approved, will be codified at 33 CFR 138.230(b)(2). (b) The limit of liability of a deepwater port will not be reduced to less than $50 million, and may be increased following a reduction, as the Coast Guard deems appropriate, if the design, construction, or operation of the deepwater port changes, or if oil spill incidents related to the deepwater port, or to deepwater ports generally, indicate that a higher limit is needed. (c) Requests to adjust the limit of liability for a deepwater port under this subpart must be submitted to the Commandant (CG–5P). Requests to adjust the limits of liability may be submitted with a license application or upon receipt of a license from MARAD to construct and operate the proposed deepwater port. If the request for adjustment is submitted with the license application, no action will be taken on the request until MARAD issues a license to construct and operate the proposed deepwater port. (d) Requests to adjust the limit of liability under this subpart must include a risk analysis of the deepwater port to determine its maximum probable oil discharge and an economic analysis to determine the OPA 90 responsible party removal costs and OPA 90 removal costs and damages for which the responsible party is liable under 33 U.S.C. 2702 that could result from such a spill. (1) The risk analysis must, as applicable, consider the following factors: (i) Deepwater port oil handling, storage, transfer, and transportation capacity and practices. (ii) Type of oil handled. (iii) Physical layout and condition of the deepwater port. (iv) On-site oil spill response capability. (v) Oil spill history of the deepwater port. (vi) The pipeline oil leak detection system. E:\FR\FM\09APP2.SGM 09APP2 19150 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules (vii) Section-by-section pipeline analysis of credible oil spill scenarios. (viii) Other oil spills for which the deepwater port might be solely or jointly liable (such as tanker spills). (2) The economic analysis must, as applicable, consider the following factors for the maximum credible spill: (i) Spill trajectories. (ii) Potential responsible party removal costs. (iii) Potential removal costs and damages for which the responsible party is liable under 33 U.S.C. 2702. Subpart H—Environmental Review Criteria for Deepwater Ports 23. Amend § 148.707 as follows: a. Revise the section heading and paragraph (b) introductory text; ■ b. In paragraph (b)(1)(i), before the word ‘‘endangered’’, add the words ‘‘threatened and’’, and after the word ‘‘species’’, add the words ‘‘and critical habitats’’; ■ c. In paragraph (b)(1)(iii), remove the word ‘‘sanctuaries’’ and add, in its place, the words ‘‘protected areas’’; ■ d. In paragraph (b)(1)(vii), remove the word ‘‘and’’; ■ e. In paragraph (b)(1)(viii), remove the symbol ‘‘.’’, and add, in its place, the symbol ‘‘;’’; and ■ f. Add paragraphs (b)(1)(ix) and (x). The revisions and additions read as follows: ■ ■ § 148.707 What type of criteria will be used in an environmental evaluation and how will they be applied? * * * * * (b) The environmental evaluation will be applied to the phases of construction, operation, and decommissioning of the proposed action and alternatives. Alternatives must consider alternate siting of the deepwater port as well as different technologies and pipeline routes. The evaluation will assess: (1) * * * (ix) Marine, coastal, and migratory birds; and (x) Marine mammals and fisheries. * * * * * § 148.715 [Amended] Rmajette on DSK2VPTVN1PROD with PROPOSALS2 15:15 Apr 08, 2015 [Amended] 25. Amend § 148.720(k) by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’. ■ § 148.725 [Amended] 26. Amend § 148.725 introductory text by removing the word ‘‘reasonable’’ and adding, in its place, the words ‘‘a reasonable range of’’. ■ § 148.730 [Amended] 27. Amend § 148.730 as follows: a. In the introductory text, remove the word ‘‘reasonable’’ and add, in its place, the words ‘‘a reasonable range of’’; and ■ b. In paragraph (a), remove the words ‘‘from appropriate State agencies for any designated Adjacent Coastal State’’ and add, in its place, the words ‘‘described in § 148.105(j) of this part’’. ■ ■ § 148.735 [Amended] 28. Amend § 148.735 introductory text by removing the word ‘‘reasonable’’ and adding, in its place, the words ‘‘a reasonable range of’’. ■ 29. Revise § 148.737 to read as follows: ■ § 148.737 What environmental statutes must an applicant follow? In constructing and operating a deepwater port, the deepwater port must comply with all applicable Federal, State, and tribal environmental statutes and Executive Orders (E.O.s). For the purposes of information only, a non-exhaustive list of Federal environmental statutes and E.O.s is available online via a Coast Guard Web site: https://www.uscg.mil/hq/cg5/cg522/ cg5225/. PART 149—DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT 30. The authority citation for part 149 continues to read as follows: ■ Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75). §§ 149.306–149.315 Reserved] [Removed and 31. Remove and reserve §§ 149.306 through 149.315. ■ 24. Amend § 148.715 as follows: a. In the introductory text, remove the word ‘‘reasonable’’ and add, in its place, the words ‘‘a reasonable range of’’; ■ b. In paragraph (a), after the word ‘‘assessment’’ and before the comma, add the words ‘‘including, but not limited to, geographic relevance, age of data used (generally no more than 5 years at the time of submission) and methods of data analysis’’; and ■ c. In paragraph (a), remove the text ‘‘; and’’ and add, in its place a period. ■ ■ VerDate Sep<11>2014 § 148.720 Jkt 235001 §§ 149.100–149.700 [Redesignated] 32. Redesignate §§ 149.100 through 149.700 as shown in the following table: ■ PO 00000 Old section, old subpart 149.100, 149.103, 149.105, 149.110, 149.115, Frm 00034 B B B B B Fmt 4701 New section, new subpart 149.100, 149.105, 149.110, 149.115, 149.120, Sfmt 4702 C C C C C E:\FR\FM\09APP2.SGM Old section, old subpart New section, new subpart 149.120, B 149.125, B 149.130, B 149.135, B 149.140, B 149.145, B 149.300, C 149.301, C 149.302, C 149.303, C 149.304, C 149.305, C 149.316, C 149.317, C 149.318, C 149.319, C 149.320, C 149.321, C 149.322, C 149.323, C 149.324, C 149.325, C 149.326, C 149.327, C 149.328, C 149.329, C 149.330, C 149.331, C 149.332, C 149.333, C 149.334, C 149.335, C 149.336, C 149.337, C 149.338, C 149.339, C 149.340, C 149.400, D 149.401, D 149.402, D 149.403, D 149.404, D 149.405, D 149.406, D 149.407, D 149.408, D 149.409, D 149.410, D 149.411, D 149.412, D 149.413, D 149.414, D 149.415, D 149.416, D 149.417, D 149.418, D 149.419, D 149.420, D 149.421, D 149.500, E 149.505, E 149.510, E 149.520, E 149.535, E 149.540, E 149.550, E 149.560, E 149.565, E 149.570, E 149.575, E 149.580, E 149.585, E 149.600, F 149.125, C 149.130, C 149.135, C 149.140, C 149.64, B 149.150, C 149.200, D 149.201, D 149.202, D 149.203, D 149.204, D 149.205, D 149.207, D 149.208, D 149.209, D 149.210, D 149.211, D 149.212, D 149.213, D 149.214, D 149.215, D 149.216, D 149.217, D 149.218, D 149.219, D 149.220, D 149.221, D 149.222, D 149.223, D 149.224, D 149.225, D 149.226, D 149.227, D 149.228, D 149.229, D 149.230, D 149.231, D 149.300, E 149.301, E 149.302, E 149.303, E 149.304, E 149.305, E 149.306, E 149.307, E 149.308, E 149.309, E 149.310, E 149.311, E 149.312, E 149.313, E 149.314, E 149.315, E 149.316, E 149.317, E 149.318, E 149.319, E 149.320, E 149.321, E 149.400, F 149.405, F 149.410, F 149.420, F 149.435, F 149.440, F 149.450, F 149.460, F 149.465, F 149.470, F 149.475, F 149.480, F 149.485, F 149.50, B 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules Old section, old subpart 149.610, 149.615, 149.620, 149.625, 149.640, 149.641, 149.655, 149.660, 149.665, 149.670, 149.675, 149.680, 149.685, 149.690, 149.691, 149.692, 149.693, 149.694, 149.695, 149.696, 149.697, 149.700, ■ (d) The appropriateness of the design of a deepwater port, or its components, may be shown by its compliance with standards generally used within the offshore industry that are at least equivalent to rules established by any recognized classification society as defined in 46 CFR 8.100. Based on the design, complexity, and location of a deepwater port, the Commandant (CG– 5P) will determine, in coordination with the applicant or licensee, as appropriate, the components to be included in classification society certification or classification certificate. This coordination should start early in the process, especially in the case of manned fixed or floating structures. ■ 40. Add § 149.54 to read as follows: New section, new subpart F F F F F F F F F F F F F F F F F F F F F F 149.20, 149.51, 149.53, 149.52, 149.60, 149.61, 149.62, 149.63, 149.65, 149.66, 149.67, 149.68, 149.69, 149.70, 149.71, 149.72, 149.73, 149.74, 149.75, 149.76, 149.77, 149.78, A B B B B B B B B B B B B B B B B B B B B B § 149.54 What is the process for submitting alterations and modifications affecting the design, construction, and operations of a deepwater port? 33. Revise § 149.5 to read as follows: § 149.5 What definitions apply to this part? Definitions applicable to this part appear in 33 CFR 148.5. § 149.15 ■ [Removed and Reserved] 34. Remove and reserve § 149.15. § 149.20 [Amended] 35. In newly redesignated § 149.20, paragraph (a), after the text ‘‘(SPM)’’, add the words ‘‘, or submerged turret loading (STL) buoy’’. ■ 36. Revise the heading of subpart B to read as follows: ■ Subpart B—Design, Construction, Operations, and Equipment § 149.50 [Amended] 37. Amend newly redesignated § 149.50 by adding the words ‘‘the design, construction, operations, and’’ after the words ‘‘requirements for’’, and by removing the words ‘‘and design’’ after the word ‘‘equipment’’. ■ § 149.51 [Amended] 38. Amend newly redesignated § 149.51(b) by adding the words ‘‘in the U.S., or an engineer possessing equivalent qualifications in a foreign country as approved by the Commandant (CG–5P),’’ after the words ‘‘professional engineer’’. ■ 39. Amend newly redesignated § 149.52 as follows: ■ a. In paragraph (b), after the text ‘‘(CG–5P)’’ add the words ‘‘or the accepted certifying entity’’; and ■ b. Add paragraph (d). The addition reads as follows: Rmajette on DSK2VPTVN1PROD with PROPOSALS2 ■ § 149.52 * * What are the design standards? * VerDate Sep<11>2014 * * 15:15 Apr 08, 2015 Jkt 235001 (a) Alterations and modifications affecting the design and construction of a deepwater port must be submitted to the Commandant (CG–5P) for review and approval if— (1) A license has not yet been issued; or (2) A license has been issued but the deepwater port has not commenced operations; or (3) The alterations and modifications are deemed a major conversion; or (4) The alterations or modifications substantially change the manner in which the deepwater port operates or are not in accordance with a condition of the license. (b) All other alterations and modifications to the deepwater port must be submitted to the Sector Commander, or MSU Commander with COTP and OCMI authority for review and approval. (c) Approval for alterations and modifications proposed after a license has been issued will be contingent upon whether the proposed changes will affect the way the deepwater port operates, or any conditions imposed in the license. (d) The licensee is not authorized to proceed with alterations prior to approval from the Commandant (CG– 5P) for the conditions outlined in paragraph (a) and for approval by the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority as required in paragraph (b) of this section. (e) During the review and approval process of a proposed alteration or modification, the Commandant (CG–5P) may consult with the Marine Safety Center and cooperating Federal agencies possessing relevant technical expertise. PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 ■ 19151 41. Add § 149.57 to read as follows: § 149.57 What is the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? (a) The Coast Guard is responsible for ensuring that all aspects of a deepwater port are in compliance with appropriate standards and requirements. The Coast Guard review of a proposed deepwater port ends at, and includes, the last downstream valve of the pipeline end manifold (PLEM) for each single point mooring-oil transfer system (SPM–OTS) or single point mooring-natural gas transfer system (SPM–NGTS) (last downstream valve prior to connecting to a pipeline). The main gas transmission lines to shore or to offshore pipeline infrastructure, and the flowlines or gathering lines connecting multiple SPM–OTSs or SPM–NGTSs, fall under the jurisdiction of PHMSA. (b) The Commandant (CG–5P) will coordinate the review and approval for operations for the Coast Guard and other Federal and State agencies as necessary. (c) Depending on project complexity, construction, and installation timing, the Commandant (CG–5P) will determine, with input from the licensee, when the review process should be initiated and when the certifying entity (CE), if used, should be nominated, approved and engaged. The CE may also be the classification society being used as described in 33 CFR 149.52(d). (d) Final approval to commence commissioning and operations of the deepwater port will come from the Commandant (CG–5P). This approval may contain additional conditions that must be satisfied once the deepwater port is operational. Once Commandant (CG–5P) has granted the deepwater port clearance to operate, the Sector Commander, or MSU Commander with COTP and OCMI authority will exercise day to day oversight. ■ 42. Add § 149.58 to read as follows: § 149.58 What is the role of the certifying entity in the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation? (a) A certifying entity (CE), contracted by the licensee but under the direction of and acting for the Coast Guard, may assist in the review and verification of each phase (i.e., the design, construction, and operations) of a deepwater port. If a CE is used, the CE’s review must include a recommendation to the Commandant (CG–5P) on the sufficiency of a deepwater port’s design basis and selected drawings, plans, or analysis and procedure. Review for each phase may require on-site inspections at E:\FR\FM\09APP2.SGM 09APP2 Rmajette on DSK2VPTVN1PROD with PROPOSALS2 19152 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules fabrication locations and during construction and installation. The Commandant (CG–5P) is the final approval authority for the deepwater port’s design, construction, and commissioning. (1) Design phase, including the design basis. The design basis must identify all baseline design standards, regulations, rules and/or codes, and key parameters to be used to design each structure, system, or component of the deepwater port. (2) Construction phase, including fabrication, installation, and commissioning. (3) Operational phase, including maintenance and inspection procedures and long-term support from commencement of operations to decommissioning of the deepwater port. (b) The licensee must provide to the Commandant (CG–5P), and to a CE, if used, the design basis and lists of drawings, plans, calculations, analyses, procedures, and correspondence as determined in the review. (c) If a CE is used, key responsibilities for the CE include, but are not limited to— (1) Recommendation of approval, disapproval, or approval with proposed changes of the applicant’s design basis; (2) Development of an action plan for each phase; (3) Providing selected drawings and plan reviews; (4) Inspections and oversight; (5) Interim reports and recommendations; and (6) A final report and recommendation for Coast Guard approval or disapproval. (d) The CE may also be used to assist in the review of such areas as— (1) A maintenance and inspection program; (2) System safety, including interoperability, reliability, safety integrity levels, and LNG carrier compatibility; (3) Specific, higher-risk components and operations; and (4) Pipeline design, installation and operations manual (The applicant must coordinate the review and approval of the pipeline appendix to the operations manual with PHMSA). (e) At the option of the licensee, the CE may continue to support the review and approval process for a deepwater port through to its decommissioning. § 149.64 § 149.63 ■ [Amended] 43. Amend newly redesignated § 149.63(a) introductory text by removing the words ‘‘pumping platform complex’’ and adding, in their place, the words ‘‘manned deepwater port’’. ■ VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 [Amended] § 149.135 44. Amend newly redesignated § 149.64(b) by removing the symbol ‘‘,’’ after the word ‘‘side’’ and adding, in its place, the words ‘‘facilities, vessels approaching the safety zone,’’. ■ § 149.65 [Amended] 45. In newly redesignated § 149.65, wherever they appear, remove the words ‘‘pumping platform complex’’ and add, in their place, the words ‘‘manned deepwater port’’. ■ § 149.66 [Amended] 46. In newly redesignated § 149.66, paragraph (b), remove the text ‘‘§ 149.665’’ and add, in its place, the text ‘‘§ 149.65’’. ■ § 149.67 [Amended] 47. Amend newly redesignated § 149.67(a) as follows: ■ a. Remove the words ‘‘For a’’ and add, in their place, the word ‘‘Each’’; ■ b. Remove the words ‘‘, each pumping platform complex’’; and ■ c. After the words ‘‘on the’’, remove the word ‘‘complex’’ and add, in its place, the words ‘‘deepwater port’’. 48. Amend newly redesignated § 149.68 by adding the word ‘‘manned’’ before the word ‘‘deepwater’’ in the introductory text. [Amended] 49. Amend newly redesignated § 149.70 by removing the word ‘‘outlined’’ and adding, in its place, the word ‘‘specified’’, and by removing the text ‘‘§§ 149.691 through 149.699’’ and adding, in its place, the text ‘‘§§ 149.71 through 149.77’’. ■ § 149.77 [Amended] 50. Amend newly redesignated § 149.77(a) by removing the word ‘‘owner’s’’ and adding, in its place, the word ‘‘operator’s’’. ■ 51. Revise the heading for subpart C to read as follows: ■ Subpart C—Pollution Prevention Equipment § 149.115 52. In newly redesignated § 149.115, remove the words ‘‘from the pumping platform complex’’ and add, in their place, the word ‘‘remotely’’. [Amended] 53. Amend newly redesignated § 149.130(a) by removing the words ‘‘a pumping platform complex’’ and adding, in their place, the words ‘‘the marine transfer area of a deepwater port’’. PO 00000 Frm 00036 Fmt 4701 Subpart D—Lifesaving Equipment § 149.203 [Amended] 57. Amend newly redesignated § 149.203 as follows: ■ a. In paragraph (a)(1), remove the text ‘‘§ 149.306’’ and add, in its place, the text ‘‘§ 149.206’’; ■ b. In paragraph (a)(2), remove the text ‘‘§ 149.308’’ and add, in its place, the text ‘‘§ 149.208’’; and ■ c. In paragraph (b), remove the text ‘‘§ 149.314’’ and add, in its place, the text ‘‘§ 149.206’’. § 149.204 [Amended] 58. Amend newly redesignated § 149.204 as follows: ■ a. In paragraph (a), in the introductory text, remove the text ‘‘§ 149.305’’ and add, in its place, the text ‘‘§ 149.205’’; ■ b. In paragraph (a)(4), remove the text ‘‘§ 149.305’’ and add, in its place, the text ‘‘§ 149.205’’; and ■ c. In paragraph (a)(5), remove the text ‘‘§ 149.314’’ and add, in its place, the text ‘‘§ 149.206’’. ■ § 149.205 [Amended] 59. Amend newly redesignated § 149.205 as follows: ■ a. In paragraph (a), remove the text ‘‘§ 149.304’’ and add, in its place, the text ‘‘§ 149.204’’; and ■ b. In paragraph (b), remove the text ‘‘§ 149.308’’ and add, in its place, the text ‘‘§ 149.208’’. ■ 60. Add § 149.206 to read as follows: ■ [Amended] ■ § 149.130 [Amended] 55. Amend newly redesignated § 149.150 by removing the words ‘‘pumping platform complex’’ and adding, in their place, the words ‘‘manned deepwater port’’. ■ 56. Revise the heading for subpart D to read as follows: ■ [Amended] ■ § 149.70 § 149.150 ■ ■ § 149.68 [Amended] 54. Amend newly redesignated § 149.135 as follows: ■ a. In paragraph (b) introductory text, after the word ‘‘alarm’’, add the words ‘‘described in paragraph (a) of this section’’; ■ b. In paragraph (b)(1), remove the words ‘‘pumping platform complex’’ and add, in their place, the words ‘‘marine transfer area of a deepwater port’’; and ■ c. In paragraph (b)(2), remove the words ‘‘pumping platform complex’’ and add, in their place, the words ‘‘marine transfer area of a deepwater port’’, and before the word ‘‘under’’, add the word ‘‘described’’. ■ Sfmt 4702 § 149.206 What are the requirements for survival craft and rescue boats? Survival craft and rescue boats must satisfy the requirements of 46 CFR E:\FR\FM\09APP2.SGM 09APP2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 108.520–108.575, except as described in paragraphs (a) through (g) of this section. (a) Except for boathooks, the survival equipment required by 46 CFR 108.575(b) must be securely stowed in the lifeboat. (b) Each lifeboat must have a list of the survival equipment it is required to carry. The list must be posted in the lifeboat. (c) Except as provided in § 149.205(b) of this part, each inflatable or rigid liferaft, boarded from a deck that is more than 4.5 meters (14.75 feet) above the water, must be davit-launched or served by a marine evacuation system approved under approval series 160.175. (d) The launching equipment must be arranged so that a loaded liferaft does not have to be lifted before it is lowered. (e) Not more than two liferafts may be launched from the same set of launching equipment. (f) The operator must arrange survival craft so that they are— (1) Readily accessible in an emergency; (2) Accessible for inspection, maintenance, and testing; (3) In locations clear of overboard discharge piping or openings, and of obstructions below; and (4) Located so that survival craft with an aggregate capacity to accommodate all persons authorized to be berthed are readily accessible from the personnel berthing area. (g) The operator may use an onboard crane to launch a rescue boat if the crane’s launching system meets the requirements of this section. § 149.209 [Amended] 61. Amend newly redesignated § 149.209 by removing the text ‘‘§ 149.316’’ and adding, in its place, the text ‘‘§ 149.207’’. ■ § 149.210 [Amended] 62. Amend newly redesignated § 149.210 by removing the text ‘‘§ 149.317’’ and adding, in its place, the text ‘‘§ 149.208’’. ■ ‘‘§ 149.316’’ and adding, in its place, the text ‘‘§ 149.217’’. § 149.228 [Amended] 66. Amend newly redesignated § 149.228(a) by removing the text ‘‘§ 149.320’’ and adding, in its place, the text ‘‘§ 149.211’’. ■ 67. Revise the heading for subpart E to read as follows: ■ Subpart E—Firefighting and Fire Protection Equipment 68. Revise newly redesignated § 149.302 to read as follows: ■ § 149.302 What firefighting and fire protection equipment must be approved by the Coast Guard? Unless approval from the Sector Commander, or MSU Commander with COTP and OCMI authority, is requested and granted pursuant to § 149.303 of this part and as permitted under § 149.303, § 149.315(c) or (d), § 149.319(a)(1), or § 149.320 of this part, all required firefighting and fire protection equipment on a deepwater port must be approved by the Commandant (CG–ENG). Firefighting and fire protection equipment that exceeds required equipment must also be approved by the Commandant (CG– ENG). ■ 69. Revise the section heading for newly redesignated § 149.303 to read as follows: § 149.303 How may the operator request the use of alternate or supplemental firefighting and fire prevention equipment or procedures? * * * * * 70. Amend newly redesignated § 149.304 as follows: ■ a. Revise the section heading; and ■ b. Remove the text ‘‘§ 149.403’’ and add, in its place, the text ‘‘§ 149.303’’. The revision reads as follows: ■ § 149.309 [Amended] 73. Amend newly redesignated § 149.309 by removing the text ‘‘149.409’’ wherever it appears, and adding, in each place, the text ‘‘149.309’’. ■ § 149.310 [Amended] 74. In newly redesignated § 149.310, remove the text ‘‘149.409’’ and add, in its place, the text ‘‘149.309’’. ■ § 149.315 [Amended] 75. Amend newly redesignated § 149.315(a) by removing the words ‘‘pumping platform complex’’ and adding, in their place, the words ‘‘manned deepwater port’’. ■ § 149.317 [Amended] 76. In newly redesignated § 149.317(b), remove the text ‘‘149.409’’ and add, in its place, the text ‘‘149.309’’. ■ § 149.318 [Amended] 77. In newly redesignated § 149.318, remove the text ‘‘149.409’’ and add, in its place, the text ‘‘149.309’’. ■ § 149.319 [Amended] 78. Amend newly redesignated § 149.319 as follows: ■ a. In paragraph (a) introductory text, remove the text ‘‘§ 149.420’’ and add, in its place, the text ‘‘§ 149.320’’ and remove the text ‘‘§ 149.421’’ and add, in its place, the text ‘‘§ 149.321’’; and ■ b. In paragraph (a)(2), remove the text ‘‘§ 149.415’’ and add, in its place, the text ‘‘§ 149.315’’. ■ 79. Revise the heading for subpart F to read as follows: ■ Subpart F—Aids to Navigation § 149.405 [Amended] 80. In newly redesignated § 149.405(a), remove the text ‘‘§ 149.510’’ and add, in its place, the text ‘‘§ 149.410’’. ■ § 149.304 Can the operator use firefighting equipment that has no Coast Guard standards? * § 149.410 ■ * § 149.305 * * * [Amended] [Amended] 81. In newly redesignated § 149.410(a), remove the text ‘‘Commandant (CG–5P)’’ and add, in its place, the words ‘‘Coast Guard District Commander in the area where the deepwater port will be built’’. 63. In newly redesignated § 149.216, remove the text ‘‘§ 149.140’’ and add, in its place, the text ‘‘§ 149.64’’. 71. Amend newly redesignated § 149.305 by removing the text ‘‘149.405’’ wherever it appears, and adding, in each place, the text ‘‘149.305’’. § 149.470 § 149.221 § 149.307 ■ § 149.216 [Amended] ■ Rmajette on DSK2VPTVN1PROD with PROPOSALS2 19153 [Amended] 64. In newly redesignated § 149.221(a), remove the text ‘‘§ 149.326’’ and add, in its place, the text ‘‘§ 149.217’’. ■ § 149.227 [Amended] 65. Amend newly redesignated § 149.227(a) by removing the text ■ VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 ■ [Amended] 72. Amend newly redesignated § 149.307 as follows: ■ a. In paragraph (a), remove the text ‘‘§ 149.409’’ and add, in its place, the text ‘‘§ 149.309’’; and ■ b. In paragraph (b), remove the text ‘‘§ 149.409’’ and add, in its place, the text ‘‘§ 149.309’’. ■ PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 [Amended] 82. In newly redesignated § 149.470(c), remove the text ‘‘§ 149.540’’ and add, in its place, the text ‘‘§ 149.440’’. § 149.480 [Amended] 83. In newly redesignated § 149.480(a), remove the words ‘‘of a pumping platform complex’’. ■ E:\FR\FM\09APP2.SGM 09APP2 19154 § 149.485 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules [Amended] § 149.650 ■ [Removed] 85. Remove § 149.650. PART 150—DEEPWATER PORTS: OPERATIONS 86. The authority citation for part 150 continues to read as follows: ■ Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 68 FR 10619; Department of Homeland Security Delegation No. 0170.1(70), (73), (75), (80). 87. Amend § 150.10 by revising paragraphs (b), (c), (d), and (e) to read as follows: ■ § 150.10 What are the general requirements for operations manuals? Rmajette on DSK2VPTVN1PROD with PROPOSALS2 * * * * * (b) The operations manual is reviewed and approved by the Commandant (CG– 5P), in coordination with the local Sector Commander, or MSU Commander, with COTP and OCMI authority, as meeting the requirements of the Act and this subchapter. (c) The manual must be readily available on the deepwater port for use by personnel. (d) The licensee must ensure that all personnel are trained and follow the procedures in the manual while at the deepwater port. (e) Every 5 years from the date of approval of the operations manual (unless a longer timeframe is approved by the Commandant (CG–5P)), a deepwater port operator must re-submit the operations manual to the Commandant (CG–5P) to be re-reviewed and re-approved. ■ 88. Amend § 150.15 as follows: ■ a. In paragraph (c), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; ■ b. In paragraphs (d) introductory text, (m) introductory text, and in newly redesignated paragraph (q) introductory text, after the word ‘‘including’’, add the words ‘‘, but not limited to’’; ■ c. In paragraphs (i) introductory text, (i)(4), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; ■ d. In paragraph (i)(4)(vii), remove the words ‘‘a safety zone, area to be avoided, and anchorage area’’ and add, in their place, the words ‘‘zones and areas described under subpart J of this part’’; ■ e. In paragraphs (i)(7), (l) introductory text, and (l)(1)(iii), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; VerDate Sep<11>2014 15:15 Apr 08, 2015 f. In paragraph (l)(2)(iii), remove the word ‘‘to’’ and add, in its place, the words ‘‘, but not limited to,’’; ■ g. In paragraph (l)(4), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; ■ h. In paragraphs (m) introductory text, and in newly redesignated paragraph (q) introductory text, after the word ‘‘including’’, add the words ‘‘, but not limited to’’; ■ i. Redesignate paragraphs (o) through (aa) as (p) through (bb), respectively; ■ j. Add new paragraph (o); ■ k. In newly redesignated paragraphs (s), (u)(3), and (x)(2)(iii), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; ■ l. Revise newly redesignated paragraphs (y) and (bb); and ■ m. Add paragraph (cc); The additions and revisions read as follows: ■ 84. In redesignated § 149.485(a), remove the words ‘‘pumping platform complex’’ and add, in their place, the words ‘‘deepwater port’’. ■ Jkt 235001 § 150.15 What must the operations manual include? * * * * * (o) A certificate of adequacy (COA) that certifies a deepwater port meets the requirements for reception facilities as required under 33 CFR part 158, or a waiver of a COA. * * * * * (y) Security procedures—(1) Security plan. Deepwater port operators must develop a deepwater port security plan comparable, at a minimum, to those required by 33 CFR part 106. The plan must address at least: (i) Access controls for goods and materials and access controls for personnel that require positive and verifiable identification; (ii) Monitoring and alerting of vessels that approach or enter the deepwater port’s security zone; (iii) Risk identification and procedures for detecting and deterring terrorist or subversive activity, such as security lighting and remotely-alarmed restricted areas; (iv) Internal and external notification and response requirements in the event of a perceived threat or an attack on the deepwater port; (v) Designation of the deepwater port security officer (DPSO); (vi) Required security training and drills for all personnel; and (vii) The scalability of actions and procedures for the various levels of threat. (2) Audits. (i) The DPSO must ensure an audit of the deepwater port security plan is performed annually, beginning no later than one year from the initial date of approval and attach a letter to the deepwater port security plan certifying that the deepwater port PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 security plan meets the applicable requirements of this part. The results of this audit must be included as an attachment to the annual self-inspection report to the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority as outlined in § 150.105 of this part. (ii) If there is a change in ownership or operations of the deepwater port, or if there have been modifications to the deepwater port, the deepwater port security plan must be audited including but not limited to physical structure, emergency response procedures, security measures, or operations. (iii) Auditing the deepwater port security plan, as a result of modifications to the deepwater port, may be limited to those sections of the deepwater port security plan affected by the deepwater port modifications. (iv) Unless impracticable due to the size and nature of the company or the deepwater port, personnel conducting internal audits of the security measures specified in the deepwater port security plan or evaluating its implementation must— (A) Have knowledge of methods of conducting audits and inspections, and control and monitoring techniques; (B) Not have regularly assigned security duties; and (C) Be independent of any security measures being audited. (v) If the results of an audit require an amendment of the deepwater port security plan, the DPSO must submit the proposed amendment to the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority, with copy to the Commandant (CG–5P), for review and approval no later than 30 days after completion of the audit. (3) Review. The Sector Commander, or MSU Commander with COTP and OCMI authority, will normally perform an annual security inspection to verify the findings in the audit. The Sector Commander, or MSU Commander with COTP and OCMI authority, will perform a more detailed deepwater port security plan review at prescribed 5-year intervals following initial approval of the deepwater port security plan and will include onsite inspection of personnel assignments and qualifications, observance of security drills, and other security exercises as necessary. * * * * * (bb) Environmental procedures. A prevention, monitoring, and mitigation program (PMMP) that provides procedures to prevent, minimize, or mitigate adverse environmental effects E:\FR\FM\09APP2.SGM 09APP2 Rmajette on DSK2VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules resulting from the construction, operation, and decommissioning of the deepwater port. This must include both routine scheduled maintenance activities as well as unscheduled maintenance activities. (1) Environmental monitoring program. The PMMP must include a detailed environmental monitoring program plan. It must be performancebased, and include provisions for incorporating recommendations for adaptive management based upon analysis of data obtained from monitoring studies. The PMMP must also include provisions for periodic reexamination of the physical, chemical, and biological factors investigated during the baseline surveys contained in the licensee’s deepwater port license application. (i) Monitoring must commence shortly before project construction in the vicinity of the construction sites and other potentially impacted areas and continue throughout the construction phase. (ii) During project operations, a continuous monitoring program designed to ensure coverage of seasonal variations must be undertaken. (2) Review. Every 5 years (unless a longer timeframe is approved by the Commandant (CG–5P)), to coincide with the periodic review of the deepwater port’s operations manual, the licensee must conduct a thorough reexamination of the physical, chemical, and biological factors contained in the deepwater port’s environmental evaluation. (i) The re-examination must include, but not be limited to, a detailed analysis of the results of the environmental monitoring program to identify trends and impacts that result from the deepwater port’s operations. (ii) The re-examination must be submitted for review and approval to the Commandant (CG–5P) and MARAD not later than 60 days before the 5 year period ends. (cc) Procedural manual for operations, maintenance, and emergencies of the deepwater port pipelines. This manual must meet the requirements of PHMSA regulations 49 CFR 192.605 and other applicable parts of 49 CFR 190 through 199. ■ 89. Amend § 150.25 as follows: ■ a. Revise the section heading; ■ b. Redesignate paragraphs (d), (e), and (f) as paragraphs (c)(2), (d), and (e), respectively; ■ c. Revise newly redesignated paragraph (c)(2); ■ d. Add paragraph (c)(1); ■ e. Revise newly redesignated paragraph (e); VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 f. Add new paragraph (f); and The revisions and addition read as follows: ■ § 150.25 When will the Coast Guard require amendments to the operations manual? * * * * * (c) * * * (1) If the Sector Commander, or MSU Commander with COTP and OCMI authority determines that the proposed amendments are inadequate, the Sector Commander, or MSU Commander with COTP and OCMI authority, will return them to the licensee for revision. (2) If the Sector Commander, or MSU Commander with COTP and OCMI authority, decides that a proposed amendment is adequate, the amendment will go into effect 60 days after the Sector Commander, or MSU Commander with COTP and OCMI authority, notifies the licensee, with copy to the Commandant (CG–5P). The Commandant (CG–5P) will notify MARAD, and PHMSA as appropriate, prior to a significant amendment going into effect. * * * * * (e) If the Sector Commander, or MSU Commander with COTP and OCMI authority, finds that a particular situation requires immediate action to prevent a spill or discharge, or to protect the safety of life and property, he or she may issue an amendment effective on the date that the licensee receives it. The Sector Commander, or MSU Commander with COTP and OCMI authority, must include a brief statement of the reasons for the immediate amendment. The licensee may petition the District Commander for review, but the petition does not delay the effective date of the amendment. (f) Other Federal agencies may propose amendments to the operations manual by submitting them to the Coast Guard’s Office of Operating and Environmental Standards (CG–OES), which will coordinate with the Sector Commander, or MSU Commander with COTP and OCMI authority, to have the licensee implement requested amendments. ■ 90. Revise § 150.30 to read as follows: § 150.30 How may the licensee propose an amendment to the operations manual? (a) Proposed amendments to an approved operations manual must be submitted to the Sector Commander, or MSU Commander with COTP and OCMI authority, in whose area of responsibility the deepwater port is located, with copy to the Commandant (CG–5P). The Commandant (CG–5P) will notify MARAD prior to approval of PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 19155 proposed significant amendments to the operations manual to ensure approval accords with the conditions of the deepwater port’s license. If the proposed changes are not consistent with the requirements of any license condition, the environmental impact analysis, or any other Federal or State license or approval, the Commandant (CG–5P) must notify the Sector Commander, or MSU Commander with COTP and OCMI authority of this inconsistency immediately. Sector Commander, or MSU Commander with COTP and OCMI authority approval of the proposed changes will be withheld until the identified inconsistencies are resolved. (b) The licensee may propose an amendment to the operations manual— (1) By submitting to the Sector Commander, or to the MSU Commander with COTP and OCMI authority, in writing, the amendments and reasons for the amendments, not less than 30 days before the requested effective date of the amendment; or (2) If the amendment is needed immediately, by submitting the amendment, and reasons why the amendment is needed immediately, to the Sector Commander, or to the MSU Commander with COTP and OCMI authority in writing. (c) The Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG–5P), must respond to a proposed amendment by notifying the licensee of his or her decision, in writing, before the requested date of the amendment. If the request is disapproved, the Sector Commander, or MSU Commander with COTP and OCMI authority must include the reasons for disapproval in the notice. If the request is for an immediate amendment, the Sector Commander, or the MSU Commander with COTP and OCMI authority must respond as soon as possible. ■ 91. Revise § 150.35 to read as follows: § 150.35 How may an Adjacent Coastal State request an amendment to the deepwater port operations manual? (a) An Adjacent Coastal State connected by pipeline to the deepwater port may petition the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority, with copy to the Commandant (CG–5P), to amend deepwater port operations. The petition must include sufficient information to allow the Sector Commander, or MSU Commander with COTP and OCMI authority to reach a decision concerning the proposed amendment. (b) After the Sector Commander, or MSU Commander with COTP and OCMI E:\FR\FM\09APP2.SGM 09APP2 19156 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules authority receives a petition, the Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG–5P), requests comments from the licensee. (c) After reviewing the petition and comments and considering the costs and benefits involved, the Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG–5P), may approve the petition if the proposed amendment will provide equivalent or improved protection and safety. The Adjacent Coastal State may petition the Commandant (CG–5P) to review the decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander with COTP and OCMI authority for forwarding to the Commandant (CG–5P) via the District Commander. ■ 92. Revise § 150.40 to read as follows: § 150.40 manual. Deviating from the operations (a) If, because of a particular situation, the licensee needs to deviate from the operations manual, the licensee must submit a written request to the Sector Commander, or MSU Commander with COTP and OCMI authority explaining why the deviation is necessary and what alternative is proposed. If the Sector Commander, or MSU Commander with COTP and OCMI authority determines that the deviation would ensure equivalent or greater protection and safety, the Sector Commander, or MSU Commander with COTP and OCMI authority will authorize the deviation and notify the licensee in writing. (b) In an emergency, any person may deviate from any requirement in this subchapter, or any procedure in the operations manual, to ensure the safety of life, property, or the environment. Each deviation must be reported to the Sector Commander, or to the MSU Commander with COTP and OCMI authority at the earliest possible time. § 150.45 [Removed and Reserved] 93. Remove and reserve § 150.45. 94. Amend § 150.50 by revising the section heading to read as follows: ■ ■ Rmajette on DSK2VPTVN1PROD with PROPOSALS2 § 150.50 What are the requirements for a deepwater port spill response plan? * * * * * 95. Revise § 150.100 to read as follows: ■ § 150.100 What are the requirements for inspecting deepwater ports? (a) Under direction of the Sector Commander, or MSU Commander, with VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 COTP and OCMI authority, marine inspectors may inspect deepwater ports to determine whether the requirements of this subchapter are met. A marine inspector may conduct an inspection, with or without advance notice, at any time the Sector Commander or MSU Commander deems necessary. (b) During an inspection, Coast Guard marine inspectors may be accompanied by representatives of other Federal agencies. ■ 96. Revise § 150.105 to read as follows: § 150.105 What are the requirements for annual self-inspection? (a) The operator of each deepwater port must ensure that the deepwater port is regularly inspected to determine whether the facility is in compliance with the requirements of the approved operations manual, the license, and any classification society certifications. To this end, a deepwater port operator may propose to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, to implement a selfinspection program. Prior to the initiation of a self-inspection program, and before commencement of operations, the owner or operator must submit a proposal describing the selfinspection plan to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority for acceptance. The plan must address all applicable requirements outlined in parts 149 and 150 of this subchapter. Any proposed program must include inspection intervals not to exceed 12 months between inspections. The inspection may be conducted up to 2 months after its due date, but will be valid for only the 12 months following that due date. (b) The operator must record and submit the results of the annual selfinspection to the Sector Commander, or to the MSU Commander with COTP and OCMI authority, within 30 days of completing the inspection. The report must include a description of any failure, and the scope of repairs made to components or equipment, in accordance with the requirements in subpart I of this part, other than primary lifesaving, firefighting, or transfer equipment, which are inspected and repaired in accordance with subpart F. (c) The Sector Commander, or the MSU Commander with COTP and OCMI authority, must validate the results of each inspection. If the Sector Commander, or the MSU Commander with COTP and OCMI authority, determines that the deepwater port is PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 not operating in conformity with its operations manual or license, the Sector Commander, or the MSU Commander with COTP and OCMI authority, must direct appropriate corrective action to the deepwater port operator, and the Sector Commander, or the MSU Commander with COTP and OCMI authority, must notify the Commandant (CG–5P). After receipt of the notification, if the Commandant (CG– 5P) concurs that a possible violation of a license condition is indicated, Commandant (CG–5P) will notify MARAD for consideration of what, if any, action on the license should be taken. ■ 97. Add § 150.107 to read as follows: § 150.107 What notice must be given in the event of inspections? The operator must notify the Sector Commander, or the MSU Commander with COTP and OCMI authority, of scheduled Federal and State agency inspections. The operator must retain the record of results of any Federal or State agency inspection and make those records available for review upon receiving a request by the Sector Commander, or by the MSU Commander with COTP and OCMI authority, or his or her designated representative. The Coast Guard may participate in any inspection undertaken by another Federal or State agency with jurisdiction. § 150.110 [Amended] 98. Amend § 150.110 by removing the word ‘‘or’’ after the words ‘‘class certificate,’’; and adding the words ‘‘, or of changes in class status’’ after the words ‘‘classification certificate’’. ■ § 150.225 [Amended] 99. In § 150.225, after the word ‘‘hold.’’, add the sentence ‘‘All employees, regardless of status, must receive basic safety training as soon as practicable after reporting to the deepwater port.’’. ■ § 150.325 [Amended] 100. Amend § 150.325(b) introductory text by adding the words ‘‘, but not limited to’’ after the word ‘‘including’’. ■ 101. Amend § 150.380 by revising Table 150.380(a) and paragraph (b) to read as follows: ■ § 150.380 Under what circumstances may vessels operate within the safety zone or area to be avoided? (a) * * * E:\FR\FM\09APP2.SGM 09APP2 19157 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules TABLE 150.380(A)—REGULATED ACTIVITIES OF VESSELS AT DEEPWATER PORTS Safety zone Tankers calling at port ............................................................................................... Support vessel movements ....................................................................................... Transit by vessels other than tankers or support vessels ........................................ Mooring to surface components by vessels other than tankers or support vessels Anchoring by vessels other than tankers or support vessels ................................... Fishing, including, but not limited to, bottom trawl (shrimping) ................................ Mobile drilling operations or erection of structures 2 ................................................. Lightering/transshipment ........................................................................................... C C F N N N N N C C D N F D R N Anchorage areas Other ship’s routing measures adjacent to the safety zone C C P N C P N N Regulated activities Areas to be avoided around each deepwater port component 1 C C P N F R N N 1 Areas to be avoided are in subpart J of this part. part of Port Installation. to regulated activities for Table 150.380(a): C—Movement of the vessel is permitted when cleared by the person in charge of vessel operations. D—Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the person in charge of vessel operations. F—Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger to the ship or persons on board. N—Not permitted. P—Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel traffic supervisor. R—Permitted only if determined that operation does not create unacceptable risk to personnel safety and security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical miles. 2 Not 3 Key (b) If the activity is not listed in table 150.380(a) of this section, or otherwise provided for in this subpart, the permission of the Sector Commander, or MSU Commander with COTP and OCMI authority, is required before operating in the safety zone or other ship’s routing measure. * * * * * § 150.615 § 150.618 [Amended] § 150.623 § 150.501 § 150.715 [Amended] 103. Amend § 150.501 by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’. ■ [Amended] [Amended] 110. Amend § 150.623(c) introductory text by adding the words ‘‘, but not limited to’’ after the word ‘‘including’’. ■ [Amended] 111. In § 150.715(a), after the word ‘‘must’’, add the words ‘‘comply with the requirements of 33 CFR 66.01–11 and’’. ■ § 150.720 104. Amend § 150.601(b) introductory text by adding the words ‘‘but not limited to,’’ after the word ‘‘including,’’ and by adding the symbol ‘‘,’’ after the word ‘‘subcontractors’’. § 150.602 [Amended] ■ ■ ■ Rmajette on DSK2VPTVN1PROD with PROPOSALS2 [Amended] 109. In § 150.619(b), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’. 102. Amend § 150.435(b) by adding the words ‘‘, unless complying with any approved procedures contained in the operations manual to ensure the safety of personnel, equipment and the environment’’ after the word ‘‘vicinity’’. § 150.601 [Amended] 108. In § 150.618(a), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’. ■ ■ [Amended] 105. Amend § 150.602(a) by removing the text ‘‘§ 150.15(w)’’, and adding, in its place, the text ‘‘§ 150.15(x)’’. ■ § 150.607 [Amended] 106. Amend § 150.607(a) by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’ and by adding the symbol ‘‘,’’ after the word ‘‘gear’’. ■ VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 112. Amend § 150.720 by adding the words ‘‘and comply with the requirements of 33 CFR 67.10’’ after the text ‘‘5 miles’’. § 150.812 [Amended] 113. Amend § 150.812 by removing the word ‘‘and’’ and adding, in its place, the symbol ‘‘,’’ after the word ‘‘life’’; and adding the words ‘‘, and the environment’’ after the word ‘‘property’’. § 150.815 [Amended] 114. Amend § 150.815(a)(4) by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’. ■ PO 00000 Frm 00041 Fmt 4701 115. Revise § 150.830 to read as follows: ■ ■ § 150.619 § 150.435 [Amended] 107. Amend § 150.615(c) by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’. ■ Sfmt 4702 § 150.830 Reporting a pollution incident. (a) Oil pollution incidents involving a deepwater port are reported according to part 153, subpart B, of this chapter. (b) In each notification made under paragraph (a) of this section, the person in charge of the deepwater port involved in the incident must provide his or her name and telephone number, or radio call sign, and, to the extent known, the— (1) Location, date, and time of the incident; (2) Quantity of oil involved; (3) Cause of the incident; (4) Name or other identification of the vessel or offshore facility involved; (5) Size and color of any slick or sheen and the direction of its movement; (6) Observed on-scene weather conditions, including wind speed and direction, height and direction of seas, and any tidal or current influence present; (7) Actions taken or contemplated to secure the source or contain and remove or otherwise control the discharged oil; (8) Extent of any injuries or other damages incurred as a result of the incident; (9) Observed damage to living natural resources; and (10) Any other information deemed relevant by the reporting party or requested by the person receiving the notification. (c) The person giving notification of an incident must not delay notification to gather all required information and E:\FR\FM\09APP2.SGM 09APP2 19158 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules must provide any information not immediately available when it becomes known. § 150.905 [Amended] 116. Amend § 150.905(d) by adding the words ‘‘, but not limited to,’’ after the word ‘‘including’’. Rmajette on DSK2VPTVN1PROD with PROPOSALS2 ■ VerDate Sep<11>2014 15:15 Apr 08, 2015 Jkt 235001 § 150.915 [Amended] PO 00000 Frm 00042 Fmt 4701 c. In paragraph (b)(9), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’. ■ 117. Amend § 150.915 as follows: a. In paragraph (a), after the word ‘‘life’’, remove the word ‘‘and’’ and add, in its place, the symbol ‘‘,’’, and after the word ‘‘property’’, add the words ‘‘, or the environment’’; ■ b. In paragraph (b)(2), after the word ‘‘including’’, add the words ‘‘, but not limited to,’’; and ■ ■ Sfmt 9990 Dated: March 17, 2015. Paul F. Zukunft, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 2015–06611 Filed 4–8–15; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\09APP2.SGM 09APP2

Agencies

[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Proposed Rules]
[Pages 19117-19158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06611]

[[Page 19117]]

Vol. 80

Thursday,

No. 68

April 9, 2015

Part II

Department of Homeland Security

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Coast Guard

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33 CFR Parts 148, 149, and 150

Deepwater Ports; Proposed Rule

Federal Register / Vol. 80 , No. 68 / Thursday, April 9, 2015 /
Proposed Rules

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 148, 149, and 150

[Docket No. USCG-2012-0061]
RIN 1625-AB92

Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes revisions to its regulations for the
licensing, construction, design, equipment, and operation of deepwater
ports, which are offshore fixed or floating structures, other than
vessels, used as ports or terminals for the import or export of oil and
natural gas. The proposed revisions would provide additional
information, clarify existing regulations, provide additional
regulatory flexibility, and add new requirements to ensure safety. The
proposed rule would not affect the license to operate of any existing
deepwater port, nor would it result in the licensing of any new
deepwater port. This proposed rule furthers the Coast Guard's maritime
safety and stewardship missions.

DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before July 8, 2015
or must reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0061 using any one of the following methods:
(1) Online: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Kevin Tone, Deepwater Ports Standards Division
(CG-OES-4), Coast Guard; telephone 202-372-1441, email
Kevin.P.Tone@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Executive Summary
IV. Background
V. Discussion of Proposed Rule
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. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0061), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
and follow the instructions on that Web site. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov, and
follow the instructions on that Web site. If you do not have access to
the Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we decide to hold a public meeting, we will
announce its time and place in a later notice in the Federal Register.

II. Abbreviations

ABS American Bureau of Shipping
APPS Act to Prevent Pollution from Ships
BOEM Bureau of Ocean Energy Management
BSEE Bureau of Safety and Environmental Enforcement
CE Certifying Entity
CFR Code of Federal Regulations
COA Certificate of Adequacy
COTP Captain of the Port
DHS Department of Homeland Security
DNV Det Norske Veritas
DOI Department of the Interior
DWPA Deepwater Port Act of 1974
EIA Energy Information Administration
EIS Environmental Impact Statement
E.O. Executive Order

[[Page 19119]]

FR Federal Register
FWS National Fish and Wildlife Service
HDD Horizontal Directional Drilling
LNG Liquefied Natural Gas
LOOP Louisiana Offshore Oil Port
MARAD Maritime Administration
MARPOL 73/78 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978
relating to that Convention
MODU Mobile Offshore Drilling Unit
MOU Memorandum of Understanding
MSU Marine Safety Unit
MTSA Maritime Transportation Security Act of 2002
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NMFS National Marine Fisheries Service
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
OPA 90 Oil Pollution Act of 1990
PHMSA Pipeline and Hazardous Materials Safety Administration
PLEM Pipeline End Manifold
PMMP Prevention, Monitoring and Mitigation Program
PRA Paperwork Reduction Act of 1995
Pub. L. Public Law
ROD Record of Decision
SMS Safety Management System
SOLAS International Convention for the Safety of Life at Sea
SPM-NGTS Single Point Mooring-Natural Gas Transfer System
SPM-OTS Single Point Mooring-Oil Transfer System
STL buoy Submerged turret loading buoy
Sec. Section symbol
U.S.C. United States Code

III. Executive Summary

The purpose of this rulemaking is to revise existing Coast Guard
regulations for deepwater ports. A deepwater port is a fixed or
floating manmade structure, or a group of structures, other than a
vessel, located beyond State seaward boundaries and used or intended
for use as a port or terminal for the transportation, storage, and
further handling of oil or natural gas for transportation to or from
any State.\1\ The proposed revisions would expedite the deepwater port
license application process by capitalizing on lessons learned from
past license applications. They would also address recent changes in
the natural gas industry by allowing the use of deepwater ports as
export facilities.
---------------------------------------------------------------------------

\1\ See 33 U.S.C. 1502(9).
---------------------------------------------------------------------------

The legal basis of this rulemaking is 33 U.S.C. 1504(a) and (b),
which require the Secretary of Transportation to issue regulations to
implement the Deepwater Port Act of 1974, as amended (DWPA).\2\ Before
2003, the Coast Guard operated under the Department of Transportation,
and the Secretary of Transportation's authority under Sec. 1504 was
delegated to the Coast Guard in 49 CFR 1.46. When the Coast Guard was
transferred to the Department of Homeland Security (DHS) in 2003, ``the
authorities and functions of the Secretary of Transportation relating''
to the Coast Guard, including the Secretary of Transportation's
authority relating to deepwater ports, also were transferred to DHS.\3\
The Secretary of Homeland Security has delegated the Secretary's
regulatory authority under 33 U.S.C. 1504 to the Coast Guard.\4\ The
Secretary of Transportation's authority to license deepwater ports \5\
is delegated \6\ to the Maritime Administrator.
---------------------------------------------------------------------------

\2\ 33 U.S.C. 1501 et seq.
\3\ See 6 U.S.C. 468(b).
\4\ See DHS Delegation No. 0170.1(II)(75).
\5\ 33 U.S.C. 1503(b).
\6\ 49 CFR 1.93(h).
---------------------------------------------------------------------------

This NPRM proposes numerous small revisions to a complex regulatory
scheme. Collectively, these revisions will provide applicants with
additional information and clarity, additional regulatory flexibility,
and new requirements to ensure safety. Above all, the revisions should
help applicants assemble more complete applications, to help them meet
the Coast Guard's regulatory requirements within the strict time
limitations mandated by the DWPA and without costly suspensions of the
licensing process. The proposed rule would not affect the license to
operate of any existing deepwater port, nor would it result in the
licensing of any new deepwater port.
This NPRM would impose no new regulatory costs and should help
future license applicants receive more efficient, faster processing of
their applications. Some proposed revisions may give applicants more
flexibility than they have under current regulations. Finally, some
applicants may benefit from proposed revisions that would facilitate
the licensing of export deepwater ports.

IV. Background

Deepwater ports are oil or natural gas import or export facilities,
not exploration, development, or production facilities like drilling
rigs.\7\ Deepwater ports are subject to the DWPA. When the DWPA was
first enacted, it applied only to deepwater ports handling oil imports.
Section 106 of the Maritime Transportation Security Act of 2002 \8\
(MTSA) amended the DWPA to apply to natural gas imports as well.
Section 312 of the Coast Guard and Maritime Transportation Act of 2012
\9\ further amended the DWPA so that it now also authorizes deepwater
ports for oil or natural gas exports. MARAD must license each deepwater
port before it can be built and commissioned and begin operations, but
MARAD consults the Coast Guard and other Federal agencies,\10\ as well
as affected State governments, before issuing licenses. License
applications are jointly processed by the Coast Guard and MARAD, and we
conduct the necessary analysis to determine whether a proposed
deepwater port will comply with the DWPA and to ensure compliance with
other applicable laws, in particular the National Environmental Policy
Act of 1969 (NEPA). Also, the Coast Guard provides the regulatory
framework governing the application and licensing process as well as
the design, construction, equipment, and operation of deepwater ports.
Our deepwater port regulations in 33 CFR subchapter NN (parts 148, 149,
and 150) were first issued in 1975, and were extensively revised in
2004 and 2006 to reflect the 2002 extension of the DWPA to natural gas.
---------------------------------------------------------------------------

\7\ See 33 CFR 140.10 (excluding deepwater ports from the
definition of an Outer Continental Shelf facility).
\8\ Public Law 107-295, 116 Stat. 2064.
\9\ Public Law 112-213, 126 Stat. 1540.
\10\ The Department of the Interior (DOI) advises license
applicants that: (a) In accordance with 43 U.S.C. 1334(a)(5), to the
extent that a proposed deepwater port's design includes subsurface
storage on submerged lands of the Outer Continetal Shelf, that
storage is subject to DOI's review and approval; (b) As a
cooperating agency during a license application's processing, the
Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety
and Environmental Enforcement (BSEE) participate in the review of
proposed deepwater ports; and (c) under BSEE regulations (30 CFR
part 250, subpart J), a right-of-way granted by BSEE and a right-of-
way rental amount may be required.
---------------------------------------------------------------------------

Since our most recent substantive revision of subchapter NN,\11\
the Coast Guard has received eight applications to site, construct, and
operate natural gas deepwater ports. Four applications were
subsequently withdrawn by the applicants. Of the remaining four, two
deepwater ports have been constructed, one has been issued a license to
construct, and one has initial approval through a favorable Record of
Decision (ROD) \12\ from MARAD. All four were for natural gas imports.
In processing these four applications, the Coast Guard and other
Federal agencies have identified additional, specific types of
information that are necessary to ensure a timely review of, and
decision on, deepwater

[[Page 19120]]

port applications. During the application review process, and after the
construction and operation of new deepwater ports, we gained additional
insight into the technical and operational requirements that will help
ensure operations are conducted efficiently and in a manner that
furthers safety, security, and environmental protection. The DWPA, 33
U.S.C. 1504(g), provides a 240-day ``clock'' within which license
applications must be processed (from publication of the notice of
initial application to the final public hearing). To ensure compliance
with the DWPA and NEPA, those wanting to build and operate a deepwater
port must provide complex and highly technical information with their
license applications. Under 33 U.S.C. 1504(c)(1), the Coast Guard has
21 days in which to determine whether an application appears to contain
all the necessary information. If the application appears to be
incomplete, the Coast Guard informs the applicant as to its
deficiencies, and takes no further action until the deficiencies are
corrected. If the application appears to be complete, the Coast Guard
must publish a notice of the application and a summary of the plans in
the Federal Register. Long after this initial determination of
completeness, however, we often find that we need additional
information to complete a proper analysis of the proposed deepwater
port's environmental impact, and the applicant is required by 33 U.S.C
1504(c)(2)(M) to provide that information. Our regulations \13\ make it
clear that the need to obtain important additional information ``stops
the clock,'' extending the 240-day deadline by the length of time
needed to obtain the additional information.
---------------------------------------------------------------------------

\11\ 71 FR 57644; Sep. 29, 2006.
\12\ A Record of Decision states what the agency's decision is;
identifies all alternatives considered by the agency, specifies the
alternative or alternatives which were considered to be
environmentally preferable; and states whether all practicable means
to avoid or minimize environmental harm from the alternative
selected have been adopted, and if not, why they were not. See 40
CFR 1505.2.
\13\ At 33 CFR 148.107(c)(3).
---------------------------------------------------------------------------

V. Discussion of Proposed Rule

This proposed rule draws on the lessons we have learned about
efficiencies in the license application review process and in building
and operating safe and efficient deepwater ports. In developing this
proposed rule, we have consulted with MARAD and other Federal agencies
that work with us on deepwater port issues, and we will continue this
consultation as we develop a final rule.
This proposed rule would primarily clarify existing requirements or
provide more information about how those requirements intersect with
the requirements of other Federal agencies and State governments that
have roles in the licensing and operation of deepwater ports. The
intent of this proposed rule is to reduce the number of times the
``clock is stopped'' pursuant to our regulations, thereby reducing the
time needed to reach decisions on applications. Although we propose a
few new requirements, they are likely to impose no new regulatory costs
because they track with industry's current behavior. We also propose
several changes that should provide industry with additional regulatory
flexibility. Our proposals would apply to any applications received
after the effective date of the final rule. The rule would not affect
the license to operate any existing deepwater port, nor would they
result in the licensing of any new deepwater port.
The proposed rule aligns with directives in several Executive
Orders (E.O.s). Section 3(a)(1) of E.O. 12988 \14\ requires agencies to
review proposed regulations to eliminate drafting errors and ambiguity,
and our proposed rule will clarify ambiguities that have come to light
since we last amended our current regulations. Because the proposed
rule draws on lessons learned from applying our current regulations, it
helps make those regulations more effective and less burdensome and is
therefore in line with E.O. 13563.\15\ In light of the recent surge in
U.S. natural gas production, and now that the DWPA permits deepwater
ports to export oil and natural gas, our proposed rule may also
facilitate the development or conversion \16\ of existing deepwater
ports to export U.S. natural gas by clarifying the deepwater port
application process and lessening the likelihood of time-consuming
delays in that process. Therefore it may contribute to the job creation
and economic benefits that are goals of E.O. 13605.\17\
---------------------------------------------------------------------------

\14\ ``Civil Justice Reform,'' 61 FR 4729 (Feb. 5, 1996).
\15\ ``Improving Regulation and Regulatory Review, ''76 FR 3821
(Jan. 21, 2011), Sec. 6(b).
\16\ An application for the conversion of an existing import
facility to one adapted for export would require the submission of a
new application fee. The conversion application would need to
address all the same issues addressed in an original application.
\17\ ``Supporting Safe and Responsible Development of
Unconventional Domestic Natural Gas Resources,'' 77 FR 23107 (Apr.
17, 2012).
---------------------------------------------------------------------------

The changes we propose for part 148 focus on providing deepwater
port license applicants with clearer information about the information
we require, so that applicants will be less likely to encounter
``stopped clocks.'' We propose reorganizing part 149, which addresses
the complex process of designing, constructing, and equipping deepwater
ports. Other changes in part 149 would clarify its requirements or
adapt terminology to the reality that no two deepwater ports use
identical design elements. Most of the procedural changes we propose
would affect the deepwater port operations requirements in part 150. In
addition to clarifying part 150's requirements and providing more
information, we propose changes (in line with current industry
practice) that would ensure that future deepwater ports continue to
meet acceptable levels of safety.
Table 1 lists each section that we propose adding or amending, and
briefly explains our rationale for the proposal. It omits the
nonsubstantive redesignation of specific sections as part of the
reorganization of part 149, which we discuss in the table, and the
nonsubstantive insertion of ``but not limited to'' in lists, to
emphasize their non-exclusive nature.

Table 1--Changes Proposed for 33 CFR Subchapter NN
----------------------------------------------------------------------------------------------------------------
Section Change Nature of change Discussion
----------------------------------------------------------------------------------------------------------------
PART 148
----------------------------------------------------------------------------------------------------------------
3...................................... Revise descriptions Informational........ Based on latest statutory
of each agency's or interagency
authority. allocation of functions.
We would describe, not
change, that allocation.
5...................................... ``Accommodation Add definition....... Term figures in proposed
module''. changes.

[[Page 19121]]

``Construction''..... Revise definition.... Clarify that Coast Guard
oversight applies
throughout the deepwater
port lifecycle by
emphasizing that
construction applies to
any activity incidental
to building, repairing,
or expanding a deepwater
port.
``Deepwater port''... Revise definition.... Align with current
statutory language,
which allows deepwater
ports to export as well
as import oil or natural
gas.
``Deepwater port Add definition....... Term figures in proposed
security plan''. changes.
``Engineering Revise definition.... Clarify that the
geological survey''. necessary analysis
considers all geological
factors and is not
limited to
hydrographics. Coast
Guard's experience is
that the scope of this
analysis has been
confusing in the past.
``Flexible riser and Add definition....... Term figures in proposed
umbilical''. changes.
``Lease block''...... Revise definition.... Simplify statutory
citations.
``Major conversion''. Transfer definition.. Transfer from part 149
without substantive
change.
``Marine Safety Unit Add definition....... Updated Coast Guard
(MSU) Commander''. internal organization.
``Marine site''...... Revise language...... Clarify meaning of
``including.''
``Maritime Revise definition.... Updated MARAD
Administration''. information.
``Mile''............. Add definition....... Clarify that subchapter
NN references to miles
mean nautical miles.
``Operator''......... Revise definition.... Clarify that the operator
may be the licensee's
designee and not the
licensee itself.
``Person in charge''. Revise definition.... Clarify definition.
``PIC''.............. Add definition....... Add separate definition
to help distinguish
``person in charge''
from ``PIC.''
``Pipeline''......... Add definition....... Define to distinguish
portion of interest to
Coast Guard from
equipment regulated by
Pipeline and Hazardous
Materials Safety
Administration.
``Pipeline end Add definition....... Define to distinguish
manifold''. portion of interest to
Coast Guard from
equipment regulated by
Pipeline and Hazardous
Materials Safety
Administration (PHMSA).
``Prevention, Add definition....... Term figures in proposed
monitoring, and changes.
mitigation program''.
``Safety zone''...... Revise definition.... Clarify that a deepwater
port is the facility at
issue.
``Service space''.... Transfer definition.. Transfer from part 149
without substantive
change.
``Single point Revise definition.... Clarify and distinguish
mooring oil transfer terms that are sometimes
system''. confused.
``Single point Revise definition.... Clarify and distinguish
mooring natural gas terms that are sometimes
transfer system''. confused.
``Sleeping space''... Transfer definition.. Transfer from part 149
without substantive
change.
``Submerged turret Add definition....... Term figures in proposed
loading buoy''. changes.
``Vessel''........... Revise definition.... Conform to definition
used in 1 U.S.C. 3.
8...................................... Certifying entities Provide additional Operators are currently
(CEs). regulatory allowed to use CEs to
flexibility. assist with post-
licensing technical
matters. We would also
allow license applicants
to use CEs during the
application process, to
help identify
information gaps and
resolve technical
questions.
105(g)(1)(i)........................... Describe MARAD as Informational........ We would more accurately
acting in reflect MARAD's lead
consultation with role for matters
the Coast Guard, regarding the financial
instead of the Coast responsibility of a
Guard acting in deepwater port
concurrence with application.
MARAD.
105(g)(2)(iii)......................... Change ``operator'' Clarification........ Financial liability rests
to ``licensee,'' as with a deepwater port's
the party licensee, not with the
responsible for operator, who may be
deepwater port only the licensee's
removal costs. designee.
105(i)(1).............................. Change ``is'' to Style................ Style change.
``will be''.
105(j)................................. Provide additional Informational........ We would give license
information about applicants more detailed
coastal zone information, including a
management. reference to applicable
National Oceanic and
Atmospheric
Administration
regulations, to help
applicants more quickly
establish compliance
with 33 U.S.C.
1503(c)(9)'s requirement
for an approved coastal
zone management program
under the Coastal Zone
Management Act of 1972.

[[Page 19122]]

105(k)................................. Provide an Provide additional Delay in securing the
alternative to the regulatory services of a registered
use of a flexibility. professional surveyor
professional has ``stopped the
surveyor. clock'' in at least one
instance. We would allow
the use of others with
equivalent professional
competency.
105(m)(1)(i)........................... Revise provisions Clarification........ We would delete language
relating to fixed concerning connected
and floating actions, because it is
structures. redundant with the
requirement in 33 CFR
148.105(l) to provide
data for onshore storage
areas, pipelines, and
refineries.
105(m)(1)(iii)......................... Revise provisions Clarification........ We would clarify that
relating to anchorages and mooring
anchorages and areas can be used during
mooring areas. a deepwater port's
construction as well as
after it becomes
operational.
105(m)(2).............................. Revise description of Clarification........ We would delete some
required survey specifications
reconnaissance because MARAD describes
hydrographic survey. the specific information
it requires in the
license conditions it
sets for individual
deepwater ports.
Allow exceptions to 5- Provide additional The proposed change would
year limit on age of regulatory allow the use of older
data. flexibility. data, with Coast Guard
approval, which would be
granted so long as newer
data is provided for any
specific locations
having a high degree of
hydrographic
variability.
105(m)(3).............................. Add language for Revision............. MetOcean data is
meteorological and essential for analyzing
oceanographic a proposed deepwater
(``MetOcean'') data. port's environmental
impact. If it is not
included with the
license application, we
currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
add the need to include
MetOcean data in the
initial application, to
better inform applicants
and reduce the
likelihood of ``clock
stoppage.''
105(m)(4).............................. Add language for Revision............. Vessel traffic data is
vessel traffic data. essential for analyzing
a proposed deepwater
port's environmental
impact and for the Coast
Guard's analysis of risk
mitigation. If it is not
included with the
license application, we
currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
add the need to include
vessel traffic data in
the initial application,
to better inform
applicants and reduce
the likelihood of
``clock stoppage.''
105(n)................................. Add language for Revision............. We would clarify that
engineering full geological
geological survey information, not just
(presently soil soil data, is essential
survey) data. for analyzing a proposed
deepwater port's
environmental impact. If
it is not included with
the license application,
we currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
add the need to include
geological survey data
in the initial
application, to better
inform applicants and
reduce the likelihood of
``clock stoppage.''
Allow exceptions to 5- Provide additional The proposed change would
year limit on age of regulatory allow the use of older
data. flexibility. data, with Coast Guard
approval.
Provide an Provide additional Delay in securing the
alternative to the regulatory services of a
use of a flexibility. professional engineer
professional has ``stopped the
engineer. clock'' in at least one
instance. We would allow
the use of others with
equivalent professional
competency.
105(s)(6)(iv).......................... Add Revision............. We would clarify that
``regasification'' information about the
to existing language. methods the applicant
expects to use in
regasifying natural gas
prior to transmission is
essential for analyzing
a proposed deepwater
port's environmental
impact. If it is not
included with the
license application, we
currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
add the need to include
regasification data in
the initial application,
to better inform
applicants and reduce
the likelihood of
``clock stoppage.''
105(t)................................. Add recommendation Informational........ We would provide license
for PHMSA applicants with
consultation. additional information,
and we would encourage
them to consult with
PHMSA, to help
facilitate an
applicant's ability to
comply with PHMSA
requirements for
pipeline safety.

[[Page 19123]]

105(y)................................. Add language for risk Informational........ A license applicant's
and consequence risk and consequence
assessment. assessment is essential
for analyzing a proposed
deepwater port's
environmental impact and
is currently subject to
Coast Guard validation.
We would provide
additional information
about methods that the
Coast Guard may use to
conduct that validation,
including the conduct of
an independent
assessment by a third
party selected by the
Coast Guard. We would
also restate the Coast
Guard's existing
authority under 33 CFR
148.107 to require the
applicant to provide
``additional
information'' when
necessary.
105(z)................................. Add language for NEPA Clarification........ This paragraph currently
alternatives. requires license
applicants to provide an
environmental analysis
sufficient to meet the
requirements of NEPA.
Under NEPA,
environmental analysis
must include
consideration of a range
of reasonable
alternatives to key
aspects of the action
being analyzed. If
alternatives are not
discussed in the initial
license application, we
currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
clarify the need to
discuss alternatives in
the initial application,
to better inform
applicants and reduce
the likelihood of
``clock stoppage.''
105(ff)................................ Add language for Clarification........ A license to operate a
International deepwater port is
Convention for the granted only if it is
Prevention of determined that the
Pollution from applicant ``can and will
Ships, 1973, as comply with applicable
modified by the laws, regulations, and
Protocol of 1978 license conditions.'' 33
relating to that U.S.C. 1503(c)(2).
Convention (MARPOL MARPOL, and MARPOL-
73/78). implementing regulations
in 33 CFR part 158, are
applicable to deepwater
ports, and a Certificate
of Adequacy (COA) is
required to demonstrate
compliance with part
158. If the COA is not
requested in the initial
license application, we
currently require the
applicant to provide it
as ``additional
information'' under 33
CFR 148.107. We would
clarify the need to
request the Certificate
in the initial
application, to better
inform applicants and
reduce the likelihood of
``clock stoppage.''
107(b)................................. Add references to Clarification........ We would clarify that the
MARAD. Coast Guard may request
additional information
on behalf of MARAD as
well as on the Coast
Guard's own behalf.
107(c)-(e)............................. Revise (c) and add Clarification........ Paragraph (c) of this
(d) and (e), section currently allows
regarding ``clock the Coast Guard to
stoppage''. suspend the processing
of a license application
indefinitely (``stop the
clock'') in order to
obtain additional
information. We would
provide additional
information to clarify
and help applicants
better understand how
``stopping the clock''
works. This proposed
change should be read
along with the proposed
change to 33 CFR 148.276
and 148.283 relating to
suspension and
withdrawal of an
application.
125(c)................................. Add ``additional Clarification........ Under 33 U.S.C.
environmental 1504(h)(1), license
analysis'' to applicants must
existing language. ``reimburse the United
States and the
appropriate adjacent
coastal State for any
additional costs
incurred in processing
an application.'' We
would add, as a
clarification, the need
for additional
environmental analysis
as an example of when
additional costs will be
incurred. A past
applicant's change in
plans for the proposed
deepwater port raised
the potential need for
additional environmental
analysis.
209(a)................................. Remove reference to Informational........ We would delete a
interagency reference to an expired
memorandum of MOU that can no longer
understanding (MOU). be consulted for the
current list of all
Federal agencies
involved with deepwater
ports.

[[Page 19124]]

211(a)................................. Revise language Clarification........ This paragraph currently
describing the need requires a license
for changes in applicant to promptly
applications. notify the Coast Guard
of any changes to its
application. We would
clarify that we consider
any circumstance that
makes statements in the
application no longer
accurate to be a
``change'' requiring
prompt notification.
211(b)................................. Revise language Clarification........ As currently worded, this
describing how paragraph may imply that
changes are made in any substantial change
applications. requires a license
applicant to completely
revise its application.
We would clarify that
our existing practice
generally is to allow
the applicant simply to
amend its application to
make the change.
Add language Informational........ We would inform license
concerning NEPA applicants that under
scoping and NEPA and other existing
additional public laws, a substantial
comment. change in an application
could trigger the need
for additional NEPA
scoping or additional
public comment on the
application.
214.................................... Add provision for Informational........ We would provide
resubmission of a additional information
withdrawn or denied about the conditions
application. under which a license
applicant can address
concerns raised by its
initial application and
resubmit the
application, with the
Coast Guard waiving
certain Subpart B
application requirements
for the re-application.
215.................................... Redesignate (d) as Clarification........ We would clarify that (d)
(c)(5) and add is a continuation of (c)
``proposed and relates to a
deepwater'' to proposed deepwater port.
existing language.
217(b)-(d)............................. Revise description of Informational........ We would state that MARAD
respective Coast consults with the Coast
Guard and MARAD Guard, but makes the
roles in the actual Adjacent Coastal
designation of an State designation.
Adjacent Coastal
State.
222(b)................................. Revise description of Informational........ We would clarify that
respective Coast MARAD, not the Coast
Guard and MARAD Guard, has the existing
roles in giving responsibility for
notice of Adjacent publishing notices of
Coastal State public hearings or
hearings. meetings in Adjacent
Coastal States.
228.................................... Revise description of Informational........ We would clarify that
respective Coast MARAD, not the Coast
Guard and MARAD Guard, has the existing
roles with respect responsibility for any
to formal formal evidentiary
evidentiary hearings. hearings involving
deepwater ports relating
to specific and material
factual issues related
to the licensing of a
deepwater port. Existing
Coast Guard regulations,
33 CFR 148.230-148.256,
provide a regulatory
framework for such
hearings; however,
because MARAD, not the
Coast Guard, is the
licensing authority, we
propose deleting these
regulations.
276.................................... Revise section Informational........ The revision would
describing the DWPA provide more information
timeline for action about the DWPA timeline
on a license for processing license
application. applications, and about
suspensions of the
timeline. We informally
provide this additional
information today. (The
revisions do not alter
the statutory timeline.)
This proposed change
should be read along
with the proposed
changes to 33 CFR
148.107 and 148.283
relating to suspension
and withdrawal of an
application.
277(d)................................. Provide additional Informational........ We would add more
information about information about the
the time period when existing timeline for
the Governor of an the Governor of an
Adjacent Coastal Adjacent Coastal State
State may transmit to approve or disapprove
his or her approval a proposed deepwater
or disapproval of a port application.
proposed deepwater
port application.

[[Page 19125]]

283.................................... Substitute provisions Procedural change.... 33 CFR 148.107(c) and
for treating an this section currently
application as both provide for
withdrawn for indefinitely suspending
provisions the processing of a
concerning an license application if
application's it is missing essential
suspension. information. We would
make it clear that, if
there is no reasonable
progress in securing the
missing information,
indefinite suspension
may lead to the
application being
treated as withdrawn.
This proposed change
should be read along
with the proposed
changes to 33 CFR
148.107 and 148.276
relating to suspension.
405(c)(2).............................. Refer to Bureau of Informational........ This paragraph currently
Offshore Energy requires a license
Management (BOEM) applicant to give notice
guidance. of certain acoustic
profiling activities,
which must take place
``within specified
limits.'' We would
inform applicants that
those limits currently
are provided by BOEM
guidance, thereby making
it easier for applicants
to determine what limits
are specified.
Subpart G.............................. Redesignate 33 CFR Nonsubstantive We would give added
148.600 and 148.605 reorganization. prominence to these two
as subpart G of part sections, which have
148. been of interest to
several license
applicants.
600.................................... Provide more Informational........ This section currently
information about states that deepwater
deepwater port port financial liability
financial liability limits are set in
limits under the Oil accordance with OPA 90
Pollution Act of (33 U.S.C. 2704(d)(4)).
1990 (OPA 90). Several license
applicants have
requested more
information, and our
proposed change would
provide details on the
current process for
setting limits.
605.................................... Provide more Informational........ This section currently
information about refers to the provisions
deepwater port of OPA 90 (33 U.S.C.
financial liability 2704(d)(4)) for
limits under OPA 90. adjusting a deepwater
port's financial
liability limit. We
would respond to several
requests from license
applicants for more
details on the current
process for adjusting
limits. That process,
with the relevant risk
and economic analysis
criteria, was described
in the NPRM that
proposed lowering the
liability limit for the
Louisiana Offshore Oil
Port (60 FR 7652 at
7653, Feb. 8, 1995;
final rule 60 FR 39849,
Aug. 4, 1995).
Subpart H.............................. Redesignate current Nonsubstantive This proposed change is
subpart G as new reorganization. necessitated by our
subpart H of part proposed designation of
148. 33 CFR 148.600 and
148.605 as new subpart
G.
707(b)................................. Revise............... Clarification........ We would more closely
align the wording of
this section with
terminology familiar to
NEPA practitioners. We
would also clarify that
license applicants are
currently required to
consider a reasonable
range of alternatives to
their proposed deepwater
port plans.
707(b)(1).............................. Provide more Informational........ We would provide license
information about applicants with more
the scope of complete information
environmental about the scope of
evaluation. environmental evaluation
and align wording with
terminology familiar to
NEPA practitioners.
715 intro.............................. Add ``reasonable Clarification........ We would clarify that
range of license applicants are
alternatives'' required to consider a
language. reasonable range of
alternatives to their
proposed deepwater port
plans.
715(a)................................. Provide more Informational........ We would provide license
information about applicants with more
the scope of complete information
environmental about the scope of
evaluation. environmental
evaluation.
725 intro.............................. Add ``reasonable Clarification........ We would clarify that
range of license applicants are
alternatives'' required to consider a
language. reasonable range of
alternatives to their
proposed deepwater port
plans.
730 intro.............................. Add ``reasonable Clarification........ We would clarify that
range of license applicants are
alternatives'' required to consider a
language. reasonable range of
alternatives to their
proposed deepwater port
plans.
730(a)................................. Revise............... Informational........ This paragraph currently
refers to appropriate
Adjacent Coastal State
agencies. We would
substitute a specific
cross reference to 33
CFR 148.105(j), where we
propose adding detailed
information about
Adjacent Coastal States.
735 intro.............................. Add ``reasonable Clarification........ We would clarify that
range of license applicants are
alternatives'' required to consider a
language. reasonable range of
alternatives to their
proposed deepwater port
plans.

[[Page 19126]]

737.................................... Replace list with Web Informational........ This section currently
site reference. contains a lengthy and
non-exclusive list of
environmental statutes
and E.O.s of potential
interest to license
applicants. We would
replace that list with a
reference to a Coast
Guard Web site where
more current information
is maintained and
available to the public.
----------------------------------------------------------------------------------------------------------------
PART 149
----------------------------------------------------------------------------------------------------------------
Part 149 organization.................. Reorganize........... Nonsubstantive We would reorganize this
reorganization. part, redesignating and
renaming some sections
and providing a more
sequential structure for
existing deepwater port
design, construction,
and equipment
requirements. Subpart A
would contain general
information, subpart B
would contain general
requirements for design,
construction,
operations, and
equipment requirements,
and the remaining
subparts C through F
would contain specific
equipment requirements.
5...................................... Replace definitions Nonsubstantive This section currently
with cross reference reorganization. contains 4 definitions.
to 33 CFR 148.5. We would move all
subchapter NN
definitions to 33 CFR
148.5.
15..................................... Remove............... Nonsubstantive This section currently
reorganization. describes the process
for submitting deepwater
port design or
construction
alterations. As part of
the nonsubstantive
reorganization of part
149, we would delete
this section and
transfer its substance
to 33 CFR 149.54.
20(a) (current 610(a))................. Add ``or submerged Technology update.... We would insert a
turret loading (STL) reference to STL buoys,
buoy'' to existing which are significant
language. deepwater port
components not in
existence when we last
revised our regulations,
and the details of the
construction of which we
currently require
deepwater port operators
to provide.
51 (current 615)....................... Provide for use of Provide additional We would amend paragraph
foreign engineers. regulatory (b) to allow the use of
flexibility. foreign engineers who
may not be registered
professional engineers,
if they possess
equivalent
qualifications.
52 (current 625)....................... Revise (b)........... Provide additional We would insert a
regulatory reference to CEs,
flexibility. reflecting our proposal
(see table entry for 33
CFR 148.8) to allow
greater use of CEs.
Add (d).............. Clarification........ We would add language
from current 33 CFR
149.650, to clarify the
existing procedure by
which a license
applicant works with the
Coast Guard to determine
which deepwater port
components require
classification society
certification. That
determination will
likely be different for
each deepwater port,
given the potential
variability between
deepwater port designs.
We would also add
language to encourage
(but not require) early
coordination between the
applicant and the Coast
Guard, because of the
potential value of early
coordination for
expediting the design
process.
54..................................... Add.................. Nonsubstantive We would move the text
reorganization. from existing Sec.
149.15 to the revised
subpart B to consolidate
requirements for design
into one subpart.
57..................................... Add.................. Informational........ We would add this section
for the benefit of
license applicants, to
provide them with more
information about our
existing process for
reviewing and approving
a deepwater port's
design, construction,
and commissioning.
58..................................... Add.................. Clarification........ We would add this section
to clarify that our
existing practice is to
allow a license
applicant to use
certifying entities
during the design and
construction of a
deepwater port as well
as after the deepwater
port is licensed, and to
describe the CE's role
in various phases of the
deepwater port's
lifespan.

[[Page 19127]]

63(a) (current 660(a))................. Substitute ``manned Clarification........ The proposed change
deepwater port'' for standardizes terminology
``pumping platform applicable to all
complex''. deepwater ports
regardless of design or
cargo. There is no
change in applicability
because all manned
deepwater ports are
pumping platform
complexes.
64(b) (current 140(b))................. Add ``facilities, Clarification........ Provides clarification of
vessels approaching who the vessel would be
the safety zone'' to in communication with to
existing language. ensure communications
are occurring between
the vessel and the
shoreside facility for
purposes of situational
awareness.
65 intro, (b) (current 665 intro, (b)). Substitute ``manned Clarification........ The proposed change
deepwater port'' for standardizes terminology
``pumping platform applicable to all
complex''. deepwater ports
regardless of design or
cargo. There is no
change in applicability
because all manned
deepwater ports are
pumping platform
complexes.
67(a) (current 675(a))................. Substitute ``Each'' Clarification........ The proposed change
for ``For a,'' standardizes terminology
remove ``each applicable to all
pumping platform deepwater ports
complex,'' and regardless of design or
substitute cargo. There is no
``deepwater port'' change in applicability
for ``complex''. because the one existing
manned deepwater port is
a pumping platform
complex.
68(a) (current 680(a))................. Add ``manned'' before Clarification........ We would clarify that
``deepwater'' in this requirement applies
existing language. only to manned deepwater
ports.
70 (current 690)....................... Substitute Clarification........ The requirements are
``specified'' for specified and are not
``outlined''. optional, as
``outlined'' would
imply.
77(a) (current 697(a))................. Substitute Clarification........ We would clarify that
``operator's'' for because the operator is
``owner's''. in charge of day-to-day
operations, the operator
is responsible for
maintaining all
documentation.
115 (current 110)...................... Substitute Clarification........ This section currently
``remotely'' for requires pipeline end
``from the pumping manifolds to have
platform complex''. shutoff valves that can
be operated both
manually and remotely
from a pumping platform
complex. Since not every
deepwater port has a
pumping platform
complex, we would
replace the reference to
such a complex with the
word ``remotely.''
130(a) (current 125(a))................ Substitute ``marine Clarification........ Only the single existing
transfer area of a manned deepwater port
deepwater port'' for has a pumping platform
``pumping platform complex. The proposed
complex''. change substitutes a
generic term common to
manned or unmanned
deepwater ports.
135 (current 130)...................... In (b) introductory Clarification........ Reference to paragraph
language add (a) of same section.
``described in
paragraph (a) of
this section''.
In (b)(1) and (b)(2) Clarification........ The proposed change
substitute ``marine standardizes terminology
transfer area of a applicable to all
deepwater port'' for deepwater ports
``pumping platform regardless of design or
complex''. cargo. There is no
change in applicability
because all marine
transfer areas are
pumping platform
complexes. Revised
terminology provides
greater clarity.
In (b)(2) add Clarification........ Clarification and
``described''. reference to paragraph
(b)(3) of the section.
206.................................... Add.................. Harmonization........ We would adapt existing
lifesaving equipment
requirements for mobile
offshore drilling units
(MODUs).
302 (current 402)...................... Revise............... Clarification........ We would transfer
qualifying language from
the end to the beginning
of the section.
303 (current 403)...................... Revise heading....... Clarification........ We would revise the
heading to clarify who
needs the information
provided by this
section.
304 (current 404)...................... Revise heading....... Clarification........ We would revise the
heading to clarify who
needs the information
provided by this
section.
Current 306-315........................ Remove............... Nonsubstantive These sections currently
reorganization. describe survival craft
and rescue boat
requirements. As part of
the nonsubstantive
reorganization of part
149, we would delete
these sections and
transfer their substance
to 33 CFR part 149,
subpart D.
315(a) (current 415(a))................ Substitute ``manned Clarification........ The proposed change
deepwater port'' for standardizes terminology
``pumping platform applicable to all
complex''. deepwater ports
regardless of design or
cargo. There is no
change in applicability
because all manned
deepwater ports are
pumping platform
complexes.

[[Page 19128]]

410(a) (current 510(a))................ Substitute ``Coast Clarification........ We would clarify that the
Guard District District Commander
Commander in the approves applications to
area where the establish a private aid
deepwater port will to navigation.
be built'' for
``Commandant (CG-
5P)''.
480(a) (current 580(a))................ Remove ``of a pumping Clarification........ The proposed change
platform complex''. standardizes terminology
applicable to all
deepwater ports
regardless of design or
cargo.
485(a) (current 585(a))................ Substitute Clarification........ The proposed change
``deepwater port'' standardizes terminology
for ``pumping applicable to all
platform complex''. deepwater ports
regardless of design or
cargo. There is no
change in applicability
because all manned
deepwater ports are
pumping platform
complexes.
650.................................... Remove............... Clarification; We would transfer the
Nonsubstantive substance of this
reorganization. provision to Sec.
149.52(d), and revise it
to apply to all
deepwater ports
regardless of design or
cargo.
----------------------------------------------------------------------------------------------------------------
PART 150
----------------------------------------------------------------------------------------------------------------
10..................................... In (b), remove Correction........... We would remove this
reference to part incorrect reference.
148 approval of Approval of manuals is
manuals. addressed in part 150.
Revise (c) and Clarification........ We would remove existing
redesignate (d) and (c) because the process
(e). is described in detail
in proposed Sec.
150.25. Existing (d) and
(e) would be
redesignated as (c) and
(d), respectively.
Add new (e).......... Clarification........ The proposed change would
make explicit in our
regulations that the
Coast Guard's current
practice is to review
the operations manual
every five years, in
conjunction with our
review of the
environmental impact
statement (EIS) (the
Council on Environmental
Quality recommends that,
as a rule of thumb, the
EIS be carefully
reexamined no later than
once every five years--
see https://ceq.doe.gov/nepa/regs/40/30-40.HTM#32).
15..................................... In (i)(4)(vii), Clarification........ We would clarify that the
substitute ``zones procedures described
and areas described must account for any
under subpart J of protective zone or area
this part'' for ``a that could apply,
safety zone, area to regardless of a
be avoided, and deepwater port's design
anchorage area''. or cargo.
Add new (o).......... Informational........ Deepwater ports are ports
subject to U.S.
jurisdiction and used by
oceangoing tankers
greater than 400 gross
tons, and as such their
operators must comply
with 33 CFR 158.135,
which requires ports to
hold certificates of
adequacy (or waivers),
evidencing their
capability to receive
regulated substances.
For informational
purposes, we would
restate that requirement
here.
Revise (y) (current Informational........ Under 33 CFR 106.410 and
(x)). 106.415, security plans
must be periodically
audited, and reviewed
every 5 years by the
Coast Guard. For
informational purposes,
we would restate those
requirements here.
Revise (bb) (current Clarification........ This change would reflect
(aa)). MARAD's current policy,
requiring each deepwater
port to maintain a
prevention, monitoring,
and mitigation program
(PMMP) as a license
condition.
Add (cc)............. Clarification........ MARAD currently requires,
as a license condition,
each deepwater port to
comply with 49 CFR
192.605 and with other
applicable PHMSA
regulations in 49 CFR
parts 190-199. We would
make that requirement
explicit in our
regulations.
25..................................... Revise heading....... Clarification........ We would amend for better
clarity.
Add (c)(1)........... Clarification........ We would clarify the
existing local authority
to approve or reject
revisions to the
operations manual.
Revise (c)(2)(current Clarification........ We would clarify the
(d)). existing local authority
to approve or reject
revisions to the
operations manual.
Revise (e)(current Clarification........ We would clarify the
(f)). existing local authority
to approve or reject
revisions to the
operations manual.

[[Page 19129]]

Add new (f).......... Clarification........ We would make explicit
the existing authority
of other Federal
agencies to propose
operations manual
amendments to the Coast
Guard.
30..................................... Revise............... Clarification........ We would update Coast
Guard organizational
terminology and clarify
what our current process
is for coordinating with
other Federal agencies.
35..................................... Revise............... Informational........ Updated Coast Guard
internal organization.
40..................................... Add paragraph (b).... Nonsubstantive We would consolidate
reorganization. current 33 CFR 150.40
and 150.45 into a single
section dealing with
deviations from the
operations manual. In
new (b), we would update
references to Coast
Guard internal
organization.
45..................................... Remove............... Nonsubstantive We would transfer the
reorganization. substance of this
section to Sec.
150.40. Text from
existing Sec. 150.45
now in proposed Sec.
150.40(b).
50..................................... Revise heading....... Clarification........ The proposed change would
reduce the risk of
confusing a deepwater
port with an Outer
Continental Shelf
facility.
100.................................... Add (b).............. Clarification........ We would make explicit
the current Coast Guard
practice of sometimes
allowing, for reasons of
government economy,
representatives from
other Federal agencies
to accompany Coast Guard
inspectors on inspection
visits to deepwater
ports.
105.................................... Revise............... Clarification........ We would clarify the
existing procedure for
proposing a self-
inspection program; to
make it clear that it is
the operator, not the
owner, who performs the
duties required by this
section; and to make
explicit the existing
Coast Guard regulatory
responsibility to
validate the contents
and results of deepwater
port self-inspections.
107.................................... Add.................. Procedural change.... We would add this section
to require deepwater
port operators to notify
the Coast Guard when a
Federal or State agency
schedules an inspection
and keep inspection
records, both of which
operators currently do
without their being
formally required. We
would also make it
explicit that, as a
matter of government
economy, Coast Guard
personnel sometimes
accompany Federal or
State inspectors on
inspection visits.
110.................................... Add ``or of changes Procedural change.... We would require
in class status.'' deepwater port operators
to existing language. to notify us of changes
in the status of
classification society-
approved components,
which may present safety
issues that warrant
adjustment to the
deepwater port's
operations. Operators
currently provide this
notification without
being formally required
to do so.
225.................................... Add second sentence.. Clarification........ This section currently
requires appropriate
training for deepwater
port personnel. We would
clarify our expectation,
which is in line with
current practice at the
one existing manned
deepwater port, that all
personnel will receive
basic safety training.
380.................................... Substitute ``ships Clarification........ We would provide greater
routing measures'' technical accuracy and
for the example use familiar
``(e.g., no International Maritime
anchoring area)'' Organization
from Table terminology.
150.380(a).
Remove ``(for example Clarification........ Because the surface
an SPM)'' from Table components used by
150.380(a). deepwater ports vary so
widely, we would remove
an example that may
confuse some license
applicants.
Revise (b)........... Clarification........ We would update
references to Coast
Guard internal
organization.
435(b)................................. Add ``unless'' clause Provide additional We would allow operations
regulatory to continue during an
flexibility. electrical storm so long
as they are conducted in
compliance with
appropriate safety
provisions contained in
the operations manual.
715.................................... Add reference to 33 Clarification........ Deepwater port lights are
CFR 66.01-11. private aids to
navigation and therefore
subject to 33 CFR 66.01-
11. We would make that
explicit in deepwater
port regulations.
720.................................... Add reference to 33 Clarification........ Would clarify that other
CFR 67.10. existing Coast Guard
regulations for sound
signals still apply.

[[Page 19130]]

812.................................... Add ``and the Clarification........ Coast Guard marine
environment''. casualty regulations
that currently apply to
vessels and facilities,
including deepwater
ports, protect
environmental safety as
well as the safety of
life and property; see,
e.g., 33 CFR 140.1, 46
CFR 4.03-1. We would
make explicit the need
to consider
environmental damage in
connection with this
section.
830.................................... Revise............... Procedural change.... This section currently
requires the one
existing oil deepwater
port to report oil
pollution incidents in
accordance with 33 CFR
part 135, for which the
underlying authority may
have been repealed. (See
Coast Guard notice of
inquiry, 76 FR 67385;
Nov. 1, 2011; a follow-
on rulemaking has begun
under RIN 1625-AA03 and
docket number USCG-2004-
17697.) We would require
reports to be made in
accordance with 33 CFR
part 153 subpart B,
which has reporting
requirements similar to
those in part 135. We
would also restate the
existing 33 CFR 135.307
requirements for the
contents of pollution
reports.
915(a)................................. Add ``or the Clarification........ Coast Guard marine
environment''. casualty regulations
that currently apply to
vessels and facilities,
including deepwater
ports, protect
environmental safety as
well as the safety of
life and property; see,
e.g., 33 CFR 140.1, 46
CFR 4.03-1. We would
make explicit the need
to consider
environmental damage in
connection with this
section.
----------------------------------------------------------------------------------------------------------------

V. Regulatory Analyses

The Coast Guard developed this proposed rule after considering the
statutes and E.O.s related to rulemaking that are discussed in this
part.

A. Regulatory Planning and Review

Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This notice of proposed rulemaking has been
designated a ``significant regulatory action'' although not
economically significant, under section 3(f) of E.O. 12866.
Accordingly, the notice of proposed rulemaking has been reviewed by the
Office of Management and Budget (OMB).
The Coast Guard proposes revisions to its regulations for the
licensing, construction, design, equipment, and operation of deepwater
ports, which are offshore fixed or floating structures, other than
vessels, used as ports or terminals for the import or export of oil and
natural gas. The proposed revisions would provide additional
information, clarify existing regulations, provide additional
regulatory flexibility, and add new requirements to ensure safety.
One objective of the proposed rule is to ensure that adequate
information is submitted with a deepwater port application. Through the
experience of processing past applications, Coast Guard and other
Federal agencies have identified additional, specific types of
information that are necessary to ensure a timely review of, and
decision on, deepwater port applications. For past applications, this
additional information has been requested during the review process,
causing delays in the review and approval of applications. Specifying
that the additional information is required at the beginning of the
process will not increase the application process burden, but is
expected to result in more efficient and timely reviews of any future
applications.
Further, the proposed rule codifies various technical and
operational requirements. During the application review process, and
after the actual construction and operation of new deepwater ports, the
Coast Guard gained additional insight into the technical and
operational requirements that will help ensure operations are conducted
efficiently and in a manner that furthers safety, security, and
environmental protection. These technical and operational requirements
are currently standard industry practice or are existing requirements
(e.g., from another agency, etc.). The proposed rule consolidates these
requirements to facilitate understanding and compliance of deepwater
port owners and operators.
Table 2 below provides a summary of the final rule's costs and
benefits.

Table 2--Summary of the Proposed Rule's Impacts
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability..................................... Deepwater ports in
waters beyond the
territorial limits
of the United
States.
Affected Population............................... Future deepwater
port applicants 3
existing deepwater
ports.
Cost Impacts...................................... No additional costs
identified.
Benefits.......................................... More efficient and
timely reviews of
deepwater port
applications.
Consolidation of
technical and
operating
requirements for
existing deepwater
ports.

[[Page 19131]]

Potential cost
savings from the
following
provisions:
1. Sec. 148.8
Nominate CE.
2. Sec. 148.105
Equivalent means
of certifying
accuracy of
maps.
3. Sec.
148.707.
4. Sec. 149.51
Allows foreign
national
engineers.
5. Sec. 149.52
Allows for
adoption of
classification
society
standards.
6. Sec. 150.435
Authorizes
continuation of
cargo transfer
operations
during
electrical
storm.
7. Sec. 150.15
Limits scope of
audits to
modifications.
------------------------------------------------------------------------

Affected Population
One oil deepwater port began operation before 2006. Since 2006, the
Coast Guard has processed, or is processing, eight deepwater port
applications to site, construct, and operate deepwater ports. After
review of those applications, two LNG deepwater ports have been
constructed, one has been issued a license to construct, and one has
initial approval through a favorable ROD from MARAD. The applicants for
the other four applications have withdrawn their applications. The
population of currently operating deepwater ports is three: the one
pre-2006 oil port and two LNG ports.
The potential number of additional deepwater port applications over
the next 10 years is dependent on changing market conditions and
economic forces. The existing deepwater ports were built when the
forecasts for imports of LNG to the United States, such as those made
by the Energy Information Administration (EIA), were predicting high
levels of LNG imports. With recent changes in the natural gas and oil
markets, EIA now projects continued decline in LNG imports and
increasing volumes of LNG exports.\18\ The financial and technical
feasibility of using deepwater ports for LNG exports has not yet been
demonstrated, making a projection of the number of future deepwater
port applications difficult. The Coast Guard, for the purpose of this
rulemaking, estimates that it will receive at least one future
deepwater port application in the next 10 years, based on the one
entity that has expressed interest in submitting a new application. The
Coast Guard is proposing changes to enhance the efficiency and
timeliness of any future applications.
---------------------------------------------------------------------------

\18\ https://www.eia.gov/forecasts/aeo/pdf/0383(2014).pdf.
---------------------------------------------------------------------------

Costs
Table 3 details numerous proposed changes in the regulation with an
assessment of the cost impacts of the change. These changes fall into
the following categories:
May result in possible time or cost savings as they allow
for greater flexibility in complying with existing requirements.
Clarify information to be submitted with the deepwater
port application. These information requirements do not result in
additional costs to industry as this information has been required
under existing 33 CFR 148.107 in the past during application processing
and review. Based on experience with each of the previous applicant
reviews, the Coast Guard has consistently requested this information at
some point in the processing of the application. The proposed
regulatory changes clarify that the information is required up front to
allow for the more timely review of the application, thus saving the
applicant the time and expense of additional submissions.
Implementation may be optional.
Clarify the Coast Guard's existing need for certain
additional information that it specifies during the license process and
which the license applicant provides; the intended impact of the
clarification is to notify the applicant that, in the interest of
expeditious processing of the application, this information should be
provided up front. As the information is already being provided, there
is no new cost impact.
May be administrative and would not result in costs. Many
of these changes clarify the relationship between various Federal
agencies with responsibility for deepwater ports application,
licensing, and review. These types of changes do not impose any
behavioral changes by applicants of deepwater ports. These changes are
labeled ``Administrative,'' described as clarifications, and will have
no cost impact. Other ``Administrative'' proposed changes reword
definitions or delete outdated references.

Overall, Coast Guard has not identified additional costs associated
with complying with the proposed rule, and sees potential for some
minor cost savings. Table 3 provides a detailed list of the changes
proposed by the Coast Guard. The changes with potential cost savings
include the following:
Proposed Sec. 148.8 allows an applicant to nominate a CE
during the application processing phase. Currently, an applicant
nominates a CE later in the application process. By allowing the
nomination earlier, we believe that the applicants will have potential
cost savings by identifying potential problems or challenges earlier in
the process rather than later, when more work has been done on the
application.
Proposed Sec. 148.105 allows for equivalent means of
certifying the accuracy of maps. Applicants have experienced delays
when certified geologists were not available to certify the accuracy of
maps. The Coast Guard had no alternative but to stop the clock, often
delaying application processing by several months. The intent of this
proposed revision is to permit the use of specialists who do not
possess a professional certification, but are able to provide proof of
equivalent technical expertise and experience, to certify work studies
and reports required to satisfactorily process a deepwater port
application. Allowing certifications by technical personnel possessing
alternate credentialing will help to eliminate extensive delays in
projects, waiting for expertise that is limited and in high demand.
Also, proposed Sec. 148.105 allows for the use of data older than 5
years under certain conditions. Use of older data could result in
potential cost savings due to the avoidance of gathering new data.
Proposed Sec. 148.214 allows for resubmission of a
modified application without incurring a fee. Under the existing
process, an application can be re-submitted after modification, but the
applicant must pay the filing fee.
Proposed Sec. 149.51 allows foreign-national engineers to
submit design and construction plans on behalf of the licensee. The
potential cost savings come from the flexibility of allowing the
applicant to contract services from a larger pool of engineers. The
applicant

[[Page 19132]]

may have existing relationships with foreign engineers as the
construction of LNG ports is multinational. Thus, the expertise of the
foreign engineer may allow for more rapid review, greater institutional
knowledge, and prior professional relationships which could result in
potential cost savings.
Proposed Sec. 149.52 allows for adoption of
classification society standards. Many maritime companies rely on
classification standards to satisfy insurance, safety management system
(SMS), and other requirements. The Coast Guard's adoption of
classification society standards eliminates the potential for duplicate
effort. The Coast Guard recognizes that work already completed by a
classification society can be used in the application process. An
example is the APL submerged turret loading buoy system to import
natural gas. The first natural gas deepwater port was Gulf Gateway,
which used the APL submerged turret loading buoy system. There were no
existing classification standards that addressed these types of ports
or their components. Classification societies (American Bureau of
Shipping (ABS) and Det Norske Veritas (DNV)) had to develop standards
as the post-licensing review and approval process was taking place.
Additional review on the part of the Coast Guard to grant equivalency
approvals for some major port components and systems (emergency alarms,
shutoffs, etc.) caused some delays in schedule. The classification
societies have developed a highly detailed body of information on the
submerged turret loading buoy-type deepwater ports, as well as
practical experience with the actual deepwater port operations. This
information, adopted as classification society standards, will improve
and expedite the post-licensing engineering review and approval
process.
Proposed Sec. 150.435 authorizes continuation of cargo
transfer operations during an electrical storm. The potential cost
savings derives from the ability to continue safe operations during
certain electrical storms in accordance with the deepwater port's
plans. The LNG port operators have stated that they cannot shut down
operations during electrical storms as this will lead to potentially
hazardous situations due to static electricity build-up.

Table 3--Assessment of Impacts of the Proposed Rule
------------------------------------------------------------------------
Description of change Type of change Cost impact
------------------------------------------------------------------------
Sec. 148.3 What Federal agencies are responsible for implementing the
Deepwater Port Act?
------------------------------------------------------------------------
Clarify the Coast Guard's role Administrative: No cost.
as the lead agency Clarification of
responsible for preparing the existing role.
environmental impact analysis
under NEPA, compliance with
NEPA and other relevant
environmental laws, and
matters relating to
navigation safety and
security, engineering and
safety standards, and
facility inspections.
PHMSA is the Federal agency Administrative: No cost.
with jurisdiction over the Clarification of
construction and operation of existing
pipeline components of a authority of
deepwater port. PHMSA.
Expands the description of Administrative: No cost.
responsibilities for the Clarification of
Coast Guard and cooperating existing
Federal agencies. authority of
cooperating
Federal agencies.
Delete the reference to an Administrative: No cost.
expired Interagency MOU Deletion of
between the Coast Guard and outdated
MARAD. reference.
------------------------------------------------------------------------
Sec. 148.5 How are terms used in this subchapter defined?
------------------------------------------------------------------------
Definition clarifies the Administrative: No cost.
requirements of a security Definition.
plan's scope and contents and
would align with 33 CFR
subchapter H.
Definition specifies the Administrative: No cost.
components that comprise the Definition.
flexible riser and umbilical
portion of a STL buoy system.
Moved from Sec. 149.5....... Administrative: No cost.
Move.
Definition clarifies that the Administrative: No cost.
operator of a deepwater port Definition.
may be either the person who
receives the license to
operate (licensee), or the
licensee's designated
representative who is
responsible for the day to
day operation of the
deepwater port.
Definition clarifies Administrative: No cost.
jurisdictional boundaries Definition.
regarding Federal agency
oversight of deepwater
pipelines between the Coast
Guard and PHMSA regarding
oversight of deepwater port
pipelines.
Definition clarifies that the Administrative: No cost.
PLEM includes the last Definition.
downstream valve prior to the
deepwater port pipeline.
Definition to account for a Administrative: No cost.
new proposed post-licensing Definition.
requirement.
Moved from Sec. 149.5....... Administrative: No cost.
Move.
Moved from Sec. 149.5....... Administrative: No cost.
Move.
Definition distinguishes Administrative: No cost.
between deepwater ports that Definition.
use STL buoys to affect cargo
transfer and deepwater ports
that use single point
moorings for cargo transfer
operations.
------------------------------------------------------------------------

[[Page 19133]]

Sec. 148.8 How are certifying entities designated and used for
purposes of this subchapter?
------------------------------------------------------------------------
Allows the applicant to Administrative: Possible time and
nominate a CE during the Provides cost savings. The CE
application processing phase flexibility in can be nominated and
in order to begin the nominating CE chosen during MARAD
technical review necessary earlier in evaluation period
for the approval of design, process. rather than waiting
construction, installation, until after the ROD,
operation, maintenance and allowing an earlier
decommissioning plans for any start to
proposed deepwater port. certification. The
CE could begin a
technical review
during MARAD
evaluation period to
identify potential
problems and
solutions before
work has progressed
further on an
application.
------------------------------------------------------------------------
Sec. 148.105 What must I include in my application?
------------------------------------------------------------------------
Clarifies that MARAD, and not Administrative: No cost.
the Coast Guard, is the lead Clarification of
agency responsible for MARAD and the
matters regarding the DWPA Coast Guard's
financial responsibility existing roles
aspect of a deepwater port re: DWPA
application. financial
responsibility.
Removes and replaces Administrative: No cost.
``operator'' with Clarification of
``licensee'' as the who is
responsible party for costs financially
associated with removal of responsible
port components. party.
Clarifies that the applicant Administrative: No cost.
must provide with its Clarification of
application a completed need for
consistency certification consistency
stating that the proposed certificate to
deepwater port complies with comply with
each affected State's Coastal existing Coastal
Management Program per 15 CFR Zone Management
part 930, subpart D. Program
requirements.
Allows an applicant to provide Administrative: Possible time and
an equivalent means of Provides cost savings. As the
certifying the accuracy of flexibility in Coast Guard
the leasing maps or means of processed
protraction diagrams, as an certifying applications, it
alternative to using a accuracy of maps became aware of the
professional surveyor. and diagrams. limited availability
of registered
professional
surveyors authorized
to certify Outer
Continental Shelf
leasing maps or
protraction
diagrams. This
resulted in delays
in application
processing. By
allowing for
equivalent means of
certification, this
proposed change
would broaden the
spectrum of persons
who would be able to
provide the
necessary
professional
competency to
certify the accuracy
or correctness of
the leasing maps or
protraction
diagrams, and
minimize delays in
application
processing.
Requires the site plan showing Clarifies No cost. Information
proposed anchorage and information has been required
mooring areas to also include needed to from all past
areas associated with support applicants.
construction and installation application. Clarifying
of deepwater port components information needed
(e.g., pipelaying) in up front does not
addition to deepwater port result in additional
operations. cost but instead
helps prevent
delays.
Allow exceptions to 5-year Administrative: Potential time and
limit on age of data for Provides cost savings. The
certain hydrographic data. flexibility by proposed change
allowing the use would allow the use
of data older of older data, with
than 5 years Coast Guard
under certain approval. Use of
circumstances. older information
may result in costs
avoided to develop
new data.
Requires an applicant to Clarifies No cost. Information
provide MetOcean data that information has been required
includes prevailing winds, needed to from all past
currents, waves and storm support applicants.
history in the affected area application. Clarifying
of the proposed deepwater information needed
port site. up front does not
result in additional
cost but instead
helps prevent
delays.
Requires an applicant to Clarifies No cost. Information
provide vessel traffic data information has been required
to support analysis of needed to from all past
navigational safety and support applicants.
security hazards. application. Clarifying
information needed
up front does not
result in additional
cost but instead
helps prevent
delays.
Clarifies that geological Clarifies No cost. Information
survey data includes not just information has been required
soil analysis, but also the needed to from all past
overall physical support applicants.
characteristics of the ocean application. Clarifying
bottom (e.g., soil mechanics). information needed
up front does not
result in additional
cost but instead
helps prevent
delays.
Formalizes the independent Clarifies No cost. Formalizes
risk and consequence information existing process
assessment process that has needed to (information already
been customarily submitted as support submitted as a
a supplement to the application. supplement).
application.
Requires the applicant to Clarifies No cost. Information
identify in the environmental information has been required
evaluation section of the needed to from all past
application a reasonable support applicants.
range of alternatives to the application. Clarifying
proposed action to include information needed
deepwater port location, up front does not
pipeline routes and landfall result in additional
locations (if applicable), cost but instead
construction methods, and helps prevent
deepwater port design and delays.
technologies used during
operations.

[[Page 19134]]

Requires the applicant to Clarifies No cost. Information
include in the deepwater port information already compiled and
application a request for a needed to submitted by all
COA as defined at 33 CFR support applicants to comply
158.120 or a request for application. with MARPOL and
waiver if compliance is APPS.
impracticable or unreasonable.
------------------------------------------------------------------------
Sec. 148.107 What happens if I supplement my application?
------------------------------------------------------------------------
Allows for suspension of Administrative: No cost. Existing
timeline if information Formalizes process for
required is not provided in a existing process suspending timelines
timely manner. for suspending already in use when
timeline. applicable.
Superseded.................... Administrative: No cost.
Removes and
replaces with
(d) and (e).
Superseded.................... Administrative: No cost.
Removes and
replaces with
(d) and (e).
Superseded.................... Administrative: No cost.
Removes and
replaces with
(d) and (e).
Replaces (2).................. Administrative: No cost.
Formalizes
existing process
for suspending
timeline.
Replaces (3).................. Administrative: No cost.
Formalizes
existing process
for suspending
timeline.
------------------------------------------------------------------------
Sec. 148.125 What are the application fees?
------------------------------------------------------------------------
Adds environmental analysis as Administrative: No cost. Formalizes
examples of costs for Adding current industry
application and post-license environmental practice. Clarifies
review. analysis as current practice
example. when processing
deepwater port
applications that
costs for
environmental
analyses must be
paid by applicant
prior to commencing
operation of
deepwater port.
------------------------------------------------------------------------
Sec. 148.209 How is the application processed?
------------------------------------------------------------------------
Removes reference to outdated Administrative: No cost.
MOU. Removes
reference to
outdated MOU.
------------------------------------------------------------------------
Sec. 148.211 What must I do if I need to change my application?
------------------------------------------------------------------------
Formalizes process in the case Administrative: No cost.
of a significant change or Formalizes
required information. existing process.
------------------------------------------------------------------------
Sec. 148.214 May I resubmit my application?
------------------------------------------------------------------------
Formalizes process for re- Administrative: Potential cost
submittal of application. Formalizes savings. Formalizes
Allows for resubmission of process to allow process that allows
application with no filing for re-submittal for resubmission of
fee. of application. modified application
with no filing fee.
------------------------------------------------------------------------
Sec. 148.217 How can a State be designated as an Adjacent Coastal
State?
------------------------------------------------------------------------
States that MARAD determines Administrative: No cost.
whether a State should be Clarifies
considered an Adjacent respective
Coastal State, and that duties of Coast
MARAD, in consultation with Guard and MARAD.
the Coast Guard, would
designate the Adjacent
Coastal States.
------------------------------------------------------------------------
Sec. 148.228 What if a formal evidentiary hearing is necessary?
------------------------------------------------------------------------
Establishes procedures to be Administrative: No cost.
used for a formal evidentiary Provides
hearing. procedures for
existing
hearings.
Removes (b)-(d)............... Administrative: No cost.
Removes
superseded
requirements.
------------------------------------------------------------------------
Sec. Sec. 148.230 through 148.256
------------------------------------------------------------------------
Removes....................... Administrative: No cost.
Removes
superseded
requirements.
------------------------------------------------------------------------
Sec. 148.276 What is the timeline for approving or denying an
application?
------------------------------------------------------------------------

[[Page 19135]]

Describes timeline for action Administrative: No cost.
on a license including the Clarifies timing
publishing of a notice of for publication
application. of notice of
application.
Describes MARAD public Administrative: No cost.
hearings in Adjacent Coastal Clarifies
States. process for
Adjacent Coastal
State public
hearings.
------------------------------------------------------------------------
Sec. 148.283 When may the application process be stopped and an
application be treated as withdrawn?
------------------------------------------------------------------------
Clarifies that MARAD and Administrative: No cost.
Commandant will provide a Clarification of
joint written notice to the joint written
applicant of action taken notice procedure.
under this section.
Clarifies when a suspended Administrative: No cost.
application is considered Substitutes
withdrawn. ``withdrawn''
for
``suspended'' to
describe when an
application
process is
stopped.
------------------------------------------------------------------------
Sec. 148.405 What are the procedures for notifying the Commandant (CG-
5P) of proposed site evaluation and pre-construction testing?
------------------------------------------------------------------------
Clarifies that BOEM guidelines Information for No cost. Does not add
for geological and submission with a new requirement,
geophysical surveys should be application: but clarifies what
applied when the applicant Clarifies use of standards would be
plans to use bottom and sub- BOEM guidelines sufficient for the
bottom acoustic profiling for certain data. Coast Guard to
during deepwater port site properly evaluate an
evaluation and pre- applicant's
construction activities. deepwater port site
evaluation and pre-
construction testing
plans. Applicants
currently use BOEM
guidelines.
------------------------------------------------------------------------
Sec. 148.605 What are the procedures under OPA 90 for adjusting a
deepwater port's limit of liability under 33 U.S.C. 2704(d)(2)?
------------------------------------------------------------------------
Clarifies that Coast Guard may Administrative: No cost. Explains
lower the OPA 90 limit of Clarifies process to lower oil
liability for deepwater ports process for spill liability
under 33 U.S.C. 2704(d)(2) on existing limits. Requires no
a port-by-port basis, after authority for CG change of behavior.
evaluating oil spill risk and to lower the OPA
economic analyses. 90 limit of
liability for
deepwater ports.
Discusses that the OPA 90 Administrative: No cost. Explains OPA
limit of liability of a Sets minimum 90 liability
deepwater port will not be level for OPA 90 adjustments.
reduced to less than $50 limit of Requires no change
million, and may be increased liability of behavior.
following a reduction, as the adjustments and
Coast Guard deems describes
appropriate, if the design, process for
construction, or operation of increases as
the deepwater port changes, appropriate.
or if oil spill incidents
related to the deepwater
port, or to deepwater ports
generally, indicate that a
higher limit is needed.
Describes that requests for Administrative: No cost. Explains OPA
adjustments to the OPA 90 Clarifies 90 liability
deepwater port limit of process for adjustments.
liability may be submitted existing Requires no change
with a license application or authority for CG of behavior.
upon receipt of a license to lower OPA 90
from MARAD to construct and limit of
operate the proposed liability.
deepwater port.
Describes the contents of Additional No cost. The industry
requests to adjust the limit Information: is currently
of liability under 33 U.S.C. Lists required by OPA 90
2704(d)(2), including a risk information to perform this risk
analysis of the deepwater required to analysis.
port to determine its maximum support an
most probable oil discharge adjustment to
and an economic analysis to liability.
determine the removal costs
and damages of such a spill.
------------------------------------------------------------------------
Sec. 148.707 What type of criteria will be used in an environmental
evaluation and how will they be applied?
------------------------------------------------------------------------
(b) Expands the list of Additional No cost. The intent
resource areas which will be Information: of this revision is
considered in the Clarifies to clarify that the
environmental impact analysis existing existing NEPA and
to include, without being requirements for DWPA requirements
limited to, threatened NEPA submissions. must be met. This
species; marine protected has always been
areas; marine, coastal, and required under NEPA
migratory birds; marine and DWPA in order to
mammals; and fisheries. develop and publish
the EIS, and to
initiate Endangered
Species Act Section
7 consultation w/
NFMS & FWS.
------------------------------------------------------------------------
148.715 How is an environmental review conducted?
------------------------------------------------------------------------
Adds the following to the Administrative: No cost.
existing list of factors: Specifies data
geographic relevance, age of already required
data, and methods of data and data quality
analysis. for Coast Guard
review.
------------------------------------------------------------------------
Sec. 148.737 What environmental statutes must an applicant follow?
------------------------------------------------------------------------

[[Page 19136]]

Removes the list of Administrative: No cost.
environmental statutes and Replaces list of
executive orders and replaces statutes with
it with a reference to the reference to Web
list on the Commandant Web site so list can
site. be kept current.
------------------------------------------------------------------------
Sec. 149.5 What definitions apply to this part?
------------------------------------------------------------------------
Moves to definitions section Administrative: No cost.
148.5. Moved.
------------------------------------------------------------------------
Sec. 149.15 What is the process for submitting alterations and
modifications affecting the design and construction of a deepwater
port?
------------------------------------------------------------------------
Contains procedures for Administrative: No cost.
preparation and submission of Removed to Sec.
plans pertaining to design, 149.54.
construction and operation of
the deepwater port, and the
Coast Guard's review and
approval of these proposed
plans.
------------------------------------------------------------------------
Sec. 149.20 What must the District Commander be notified of and when?
------------------------------------------------------------------------
Adds that the District Administrative: No cost. Current
Commander must be notified of Clarifies industry practice
the construction of a STL existing that all STL buoy
buoy. practice by applicants notify
adding STL buoy. District Commander.
------------------------------------------------------------------------
Sec. 149.51 What construction drawings and specifications are
required?
------------------------------------------------------------------------
Allows a foreign national Qualifications: Potential cost
engineer, possessing Allows savings due to
qualifications equivalent to equivalent flexibility.
those required in the United qualifications
States for a professional for foreign
engineer, to submit design national
and construction plans on engineer.
behalf of the licensee.
------------------------------------------------------------------------
Sec. 149.52 What are the design standards?
------------------------------------------------------------------------
Clarifies what the appropriate Classification Provides alternative
classification society standards: for compliance that
requirements are for Allows the use has potential cost
deepwater ports. This of savings due to use
proposed change would be classification of existing industry
added to explicitly allow for society classification
the adoption of standards as society standards by
classification society generally used recognizing work
standards generally used within the already completed by
within the offshore industry industry. a classification
that are at least equivalent society, eliminating
to rules established by any the potential for
recognized classification duplicating effort.
society recognized by the
Coast Guard.
------------------------------------------------------------------------
Sec. 149.54 What is the process for submitting alterations and
modifications affecting the design, construction, and operations of a
deepwater port?
------------------------------------------------------------------------
Moved from another section.... Administrative: No cost.
Moves existing
text from other
section.
------------------------------------------------------------------------
Sec. 149.57 What is the review and approval process for the design,
construction, and commissioning for Deepwater Ports for operation?
------------------------------------------------------------------------
Provides standardization of Administrative: No cost. Uses
the deepwater port Describes existing Coast Guard
commissioning process, process, resources.
ensures all levels of the clarifies
Coast Guard with deepwater responsibilities.
port responsibilities are
appraised of a deepwater
port's pending operational
approval, and clarifies for
the licensee the identity of
the responsible Coast Guard
official with daily
operational oversight.
------------------------------------------------------------------------
Sec. 149.58 What is the role of the certifying entity in the review
and approval process for the design, construction, and commissioning
for Deepwater Ports for operation?
------------------------------------------------------------------------
Describes the scope and Certifying No cost. Current
duration of a CE's entity: industry practice.
responsibility during each Describes scope Clarifies the role
phase of design, and duration of of the technical
construction, and operations, CE contractor they have
and would apply to all responsibility. already been
nominated CEs whether employing to develop
nominated under proposed Sec. the application to
148.8 or not. assume the role as
CE for the design,
construction,
installation, and
commencement of
deepwater port
operations.
------------------------------------------------------------------------
Sec. 149.115 What are the requirements for pipeline end manifold
shutoff valves?
------------------------------------------------------------------------

[[Page 19137]]

Revises to indicate that the Equipment No cost. Formalizes
PLEM's shutoff valve must be requirement: current industry
operable from a remote Pipeline end practice. Remotely-
location because that manifold's operated shutoff
capability must be available shutoff valve valves are already
for operations on unmanned must be operable required to be
deepwater ports as well as from remote installed on all
during emergencies. location. currently active
deepwater ports.
(i.e., 49 CFR 193
(PHMSA) for LNG
deepwater ports), as
well as be designed
and maintained in
accordance with
Classification
Society Rules (ABS
and DNV).
------------------------------------------------------------------------
Sec. 149.206 What are the requirements for survival craft and rescue
boats?
------------------------------------------------------------------------
Aligns the requirements for Survival craft: No cost. Formalizes
survival craft and rescue Aligns current industry
boats for manned deepwater requirements practice. LOOP is
ports with Coast Guard with MODU CFRs. the only manned
requirements for survival deepwater port and
craft and rescue boats for is currently
MODUs in 46 CFR 108.520- equipped w/SOLAS-
108.575. compliant survival
craft, thus already
complying with this
regulation change.
The cost for
operating and
maintaining these
craft is already
factored into port
operational budget.
Future manned
deepwater ports are
also expected to
comply with SOLAS
survival craft
requirements.
------------------------------------------------------------------------
Sec. 149.306 through 149.315.
------------------------------------------------------------------------
Removes sections.............. Administrative: No cost.
Removed.
------------------------------------------------------------------------
Sec. 150.10 What are the general requirements for operations manuals?
------------------------------------------------------------------------
To ensure operations manuals Operations No cost. Formalizes
are subject to continuous manual: 5-year current industry
review and reflect the cycle to practice and
deepwater port's actual resubmit recognizes
operational profile, the operational established
Coast Guard proposes in Sec. manual for procedure. Deepwater
150.10(e) to establish a 5- review. port operators have
year cycle for the operator been submitting
to re-submit the operations their operations
manual to the Commandant (CG- manuals on a 5-year
5P) to be re-reviewed and re- cycle for nearly 10
approved. This 5-year review years to comply with
cycle would coincide with the MTSA requirements,
existing 5-year environmental permits, and
baseline reassessment requirements from
requirement found at Sec. other Federal
150.15(bb). agencies.
------------------------------------------------------------------------
Sec. 150.15 What must the operations manual include?
------------------------------------------------------------------------
Require that the operations Operations No cost. Formalizes
manual include either the manual: current industry
deepwater port's COA that Specifies practice.
certifies the deepwater port inclusion of
meets the requirements for existing COA in
reception facilities as manual.
required under 33 CFR part
158, or to include a waiver
of the COA issued by the
responsible Sector Commander
or MSU Commander with COTP
and OCMI authority.
Comprehensive audit program to Audit program for No cost. The
ensure that the deepwater port security deepwater port
port operator has an approved plan: security plan is a
and regularly reviewed Establishes a subset of the
deepwater port security plan. requirement for operations manual.
To help fulfill this annual audit of As stated above,
verification requirement, the port security LOOP and the LNG
Coast Guard would implement plan. Results deepwater port
an annual audit program for are submitted as operators are
deepwater ports that would attachment to already employing
align with, and the report of existing annual contractors to
audit results would be an self-inspection conduct and produce
attachment to, the annual report. port security
self-inspection report that assessments and to
the operator is already update the
required to provide to the operations and
responsible Sector Commander security plans as
or MSU Commander with COTP needed. This
and OCMI authority as regulatory revision
specified at Sec. 150.105. is formalizing what
This proposed requirement is current industry
would allow the Sector practice and meets
Commander or MSU Commander the approval of the
with COTP and OCMI authority cognizant COTP.
to verify that the deepwater
port operator has the
necessary personnel and
procedures in place to
respond to a security
incident in a manner that
adequately protects the
deepwater port, human health,
and the environment.
Establishes that the deepwater Audit program for No cost. Formalizes
port security plan must be port security current industry
audited if there is a change plan: practice. Existing
in ownership or operations of Establishes Coast Guard
the deepwater port, or if requirement for deepwater port
there have been modifications audit of regulations (Sec.
to the deepwater port. security plan if 150.15(x)) require
there is a the operator to
change in maintain a security
ownership, plan ``comparable to
operations or part 106.'' Part
modification to 106, in turn,
the port. requires the
security plan to be
audited annually and
to be submitted to
Coast Guard for re-
approval every 5
years. No currently
operating deepwater
port has had more
than annual audits.

[[Page 19138]]

Limits the scope of audits of Audit program for No cost. Clarifies
the port security plan to port security existing
only those sections affected plan: Clarifies requirements in
by the modifications. existing 106.415(b)(3).
requirements in
106.415(b)(3).
Requires submittal of the Audit program for No cost. Formalizes
proposed amendment to the port security current industry
cognizant Sector Commander or plan: practice. Existing
MSU Commander with COTP and Establishes Coast Guard
OCMI authority, with copy to process if audit deepwater port
the Commandant for review and results require regulations (Sec.
approval. amendment. 150.15(x)) require
the operator to
maintain a security
plan ``comparable to
part 106.'' Part
106, in turn,
requires the
security plan to be
audited annually and
to be submitted to
Coast Guard for re-
approval every 5
years.
Establishes that the Sector Security plans: No cost. Formalizes
Commander or MSU Commander Establishes current industry
with COTP and OCMI authority requirement for practice. Existing
will normally perform an Sector Commander Coast Guard
annual security inspection to or MSU Commander deepwater port
verify the findings in the with COTP and regulations (Sec.
audit. The Sector Commander OCMI authority 150.15(x)) require
or MSU Commander with COTP to perform the operator to
and OCMI authority will annual security maintain a security
perform a more detailed inspection and 5- plan ``comparable to
deepwater port security plan year security part 106.'' Part
review at prescribed 5-year plan review. 106, in turn,
intervals following initial requires the
approval of the deepwater security plan to be
port security plan and will audited annually and
include onsite inspection of to be submitted to
personnel assignments and Coast Guard for re-
qualifications, observance of approval every 5
security drills, and other years.
security exercises as
necessary.
Adopts the use of a formal Operations No cost. Current
PMMP. Currently, every manual: Requires industry practice as
licensed deepwater port has a that existing every deepwater port
PMMP as a condition of the PMMP be has a PMMP to get a
MARAD-issued license by incorporated as license. This also
making the PMMP a requirement part of the harmonizes with
of the operations manual. operations MARAD requirements.
manual.
Requires the operator to Procedural manual No cost. Formalizes
develop a manual that for pipelines: current industry
addresses deepwater port Requires practice and is also
pipeline operations, development of a currently required
maintenance and emergencies. procedures as a condition of
This manual, which would be manual for the MARAD-issued
an appendix to the operations pipelines license for PHMSA
manual, would incorporate incorporating approval. Has been
procedures that meet the existing PHMSA submitted by all
requirements of PHMSA requirements. applicants for
regulations. deepwater ports.
------------------------------------------------------------------------
Sec. 150.25 When will the Coast Guard require amendments to the
operations manual?
------------------------------------------------------------------------
Amends the regulation to Administrative: No cost.
clarify that if the Clarifies
responsible Sector Commander responsibility
or MSU Commander with COTP of Sector
and OCMI authority determines Commander or MSU
that the licensee's proposed Commander with
amendments to the operations COTP and OCMI
manual are inadequate, the authority with
COTP may return the proposed respect to
amendments to the licensee operations
for revision. manual
amendments.
Explicitly enables other Administrative: No cost.
Federal agencies to propose Enables other
amendments of the operations Federal agencies
manual to Commandant. to propose
amendments to
operations
manual.
------------------------------------------------------------------------
Sec. 150.30 How may the licensee propose an amendment to the
operations manual?
------------------------------------------------------------------------
Adds new paragraph (a) to Amendment to No cost. Formalizes
state that the applicant must Operations current industry
provide Commandant with a Manual: Process practice. These
copy of the proposed for submittal types of changes
amendment. Commandant would and notification requiring Coast
then notify MARAD prior to of amendment. Guard review and
approval of significant approval are already
changes to the deepwater routinely submitted
port's operations. electronically to
Coast Guard.
------------------------------------------------------------------------
Sec. 150.100 What are the requirements for inspecting deepwater ports?
------------------------------------------------------------------------
Adds new paragraph (b) to Administrative: No cost.
affirm that other Federal Clarifies that
agency representatives may representatives
accompany Coast Guard from other
personnel during an Federal agencies
inspection of a deepwater can accompany
port to verify compliance in Coast Guard
those areas of operations personnel during
over which each agency has an inspection.
jurisdiction.
------------------------------------------------------------------------
Sec. 150.105 What are the requirements for annual self-inspection?
------------------------------------------------------------------------

[[Page 19139]]

Revises the procedures for Self-inspection No cost. Clarifies
development and approval of a Program: existing procedures
deepwater port self- Clarifies for development of
inspection program by which existing self-inspection
deepwater ports may, prior to procedures for program.
commencement of operations, development of
submit a self-inspection self-inspection
program to the responsible program.
Sector Commander or MSU
Commander with COTP and OCMI
authority for consideration
and approval.
Requires that the responsible Administrative: No cost.
Sector Commander or MSU Clarifies
Commander with COTP and OCMI procedures for
authority validate the validation of
results of each inspection. inspections.
If the Sector Commander or
MSU Commander with COTP and
OCMI authority determines the
deepwater port is not
operating in conformity with
its operations manual or
license, the Sector Commander
or MSU Commander with COTP
and OCMI authority must
direct appropriate corrective
action and notify Commandant
(CG-5P) and, if there is a
possible violation of a
license condition, notify
MARAD.
------------------------------------------------------------------------
Sec. 150.107 What notice must be given in the event of inspections?
------------------------------------------------------------------------
Requires that the operator Notification of No cost. Formalizes
notify the responsible Sector inspection: current industry
Commander or MSU Commander Operator must practice. These
with COTP and OCMI authority notify Sector types of changes
when a Federal or State Commander or MSU requiring Coast
agency schedules an Commander with Guard review and
inspection, and retain the COTP and OCMI approval are already
record of results of any authority of routinely submitted
Federal or State agency Federal or State to Coast Guard.
inspection, and make those inspection and
records available for review retain records
upon request from the of inspections.
responsible Sector Commander
or MSU Commander with COTP
and OCMI authority or his or
her designated representative.
------------------------------------------------------------------------
Sec. 150.110 What are the notification requirements upon receipt of
classification society certifications?
------------------------------------------------------------------------
Requires that the deepwater Notification of No cost. Formalizes
port operator notify the classification current industry
responsible Sector Commander status: Operator practice. These
or MSU Commander with COTP must notify types of changes
and OCMI authority of any Sector Commander requiring Coast
changes to the deepwater or MSU Commander Guard review and
port's classification status with COTP and approval are already
to ensure the deepwater OCMI authority routinely submitted
port's operations are carried of changes to to Coast Guard.
out in a manner that is safe classification
for personnel and protective status.
of the environment.
------------------------------------------------------------------------
Sec. 150.225 What training and instruction are required?
------------------------------------------------------------------------
Ensures that all employees, Training: No cost. Consolidates
regardless of status, receive Requires that existing training
basic safety training as soon all employees requirements that
as practicable after receive basic are currently
reporting to the deepwater safety training. scattered throughout
port. part 150. All
deepwater ports
currently require
basic safety
training for all
crew and persons
other than crew on
deepwater ports.
------------------------------------------------------------------------
Sec. 150.435 When are cargo transfers not allowed?
------------------------------------------------------------------------
Authorizes continuation of Cargo transfers: Potential cost
cargo transfers during an Allows savings due to
electrical storm in the continuation of flexibility in
vicinity of the deepwater cargo transfers continuing
port so long as the during operations. Also,
operations manual contains electrical LNG ports must
approved procedures, with storms if maintain operations
which the deepwater port certain to avoid possible
operator is in compliance, to procedures are hazardous
ensure the safety of used. situations.
personnel, equipment and the
environment.
------------------------------------------------------------------------
Sec. 150.830 Reporting a pollution incident.
------------------------------------------------------------------------
Requires that the person in Notification of No cost. Already
charge report oil pollution oil pollution required in Sec.
incidents involving a incidents: 135.307.
deepwater port according to Requires that
Sec. Sec. 135.305 and person in charge
135.307. report oil
pollution
incidents.
------------------------------------------------------------------------

Benefits
The benefits of the proposed rule are summarized below. See Table 4
for more detailed marginal benefit analysis.
Part 148
The main purpose of the revisions to 33 CFR part 148 in this
proposed rule is to clarify the deepwater port application process. The
roles of the Coast Guard, MARAD, BOEM, and other Federal agencies would
be further clarified to insure applicants better understand the
application process. The

[[Page 19140]]

Coast Guard also proposed to revise the definitions used in parts 148,
149, and 150 to reflect actual operations.
The benefits for 33 CFR part 148 would come from incorporating
lessons learned from the history of deepwater port applications. The
Coast Guard frequently finds that applications cannot be fully
processed without time-consuming delays to obtain additional data from
applicants. The result may require the Coast Guard to ``stop the
clock'' on the application review process. This proposed rule will
likely reduce the periods when the ``clock is stopped,'' and expedite
the application process.
Part 149
The proposed changes in 33 CFR part 149 are mainly technical and
administrative in nature to clarify the review and approval process.
The proposed changes would allow for increased flexibility in the
review and approval process and for certifying entities.
Part 150
The proposed changes to part 150 of Title 33 would consolidate
operational requirements and codify current industry practice to
improve understanding of, and compliance with, good operational
practices.

Table 4--Assessment of Benefits of the Proposed Rule
------------------------------------------------------------------------
Beneficial impact of
Section Description of change change
------------------------------------------------------------------------
Sec. 148.3 What Describes Coast Guard's Clarifies for applicant
Federal agencies role as the lead agency the roles and
are responsible for responsible for NEPA responsibilities of
implementing the compliance. Also Coast Guard and other
Deepwater Port Act? describes the Federal agencies to
responsibilities of enhance understanding
PHMSA and other federal of application process.
agencies. Deletes
reference to expired
MOU.
Sec. 148.5 How are Administrative Clarification of various
terms in this definitions and terms.
subchapter defined? reorganization.
Sec. 148.8 How are Allows the applicant to Possible time and cost
certifying entities nominate a CE during savings. The CE can be
designated and used the application nominated and chosen
for purposes of processing phase in during the MARAD
this subchapter. order to begin the evaluation period,
technical review rather than waiting
necessary for the until after the ROD,
approval of design, allowing earlier start
construction, to certification. The
installation, CE could begin
operation, maintenance technical review during
and decommissioning MARAD evaluation period
plans for any proposed to identify potential
deepwater port. problems and solutions
before work has
progressed on a
application.
Sec. 148.105 What Various Administrative Clarifies roles of Coast
must I include in measures. Guard and MARAD, and
my application? who is a financially
responsible party, and
provides consistency
with Coastal Zone
Management Act
procedures to enhance
understanding of
application process.
Sec. 148.105 What Provides flexibility in Possible time and cost
must I include in means of certifying savings. As the Coast
my application? accuracy of maps and Guard processed
diagrams. applications, it became
aware of the
unavailability of
registered professional
surveyors authorized to
certify Outer
Continental Shelf
leasing maps or
protraction diagrams.
This resulted in delays
in application
processing. By allowing
for equivalent
certifications, this
proposed change would
broaden the spectrum of
persons who could
certify the accuracy or
correctness of the
leasing maps or
protraction diagrams,
and minimize delays in
application processing.
Sec. 148.105 What Allows use of data older Potential time and cost
must I include in than 5 years under savings. The proposed
my application? certain circumstances. change would allow the
use of older data, with
Coast Guard approval.
Use of older
information may result
in costs avoided to
develop new data.
Sec. 148.105 What Specifies various Clarifies information to
must I include in information to be be included with the
my application? included with application to prevent
application. ``stopping the clock''
if information is
requested during
application review.
Sec. 148.107 What Various Administrative Clarifies existing
happens if I changes, including process and enhances
supplement my formalizing existing understanding by
application? process for suspending removing outdated
timeline. discussion.
Sec. 148.125 What Administrative change Clarifies the existing
are the application that adds environmental practice that
fees? analysis as examples of environmental analysis
costs for application costs are part of
and post-license review. application and post-
license review.
Sec. 148.209 How Administrative change Clarifies existing
is the application that removes reference process by removing
processed? to outdated MOU. outdated references.
Sec. 148.211 What Formalizes existing Clarifies existing
must I do if I need process in the case of process to enhance
to change my a significant change or understanding of
application? required information. application process.
Sec. 148.214 May I Formalizes process to Potential cost savings.
resubmit my allow for re-submittal The proposed change
application? of application. allows for the
resubmission of an
application after a
modification with no
filing fee. The
existing process allows
resubmission, but a
filing fee for the re-
submittal applies.
Sec. 148.217 How Clarifies respective Clarifies existing
can a State be duties of Coast Guard process to enhance
designated as an and MARAD. understanding of
Adjacent Coastal application process.
State?
Sec. 148.228 What Provides procedures for Clarifies existing
if a formal existing hearings and process to enhance
evidentiary hearing removes superseded understanding of
is necessary? requirements. application process.

[[Page 19141]]

Sec. Sec. 148.230 Removes superseded Clarifies existing
through 148.256 requirements. process to enhance
understanding of
application process.
Sec. 148.276 What Describes timing for Clarifies existing
is the timeline for publication of notice process to enhance
approving or of application and understanding of
denying an process for Adjacent application process.
application? Coastal State public
hearings.
Sec. 148.283 When Describes that MARAD and Clarifies existing
may the application Commandant will provide process to enhance
process be stopped joint written statement understanding of
and an application to the applicant of application process.
be treated as action taken under this
withdrawn? section.
Sec. 148.405 What Clarifies that BOEM Clarifies existing
are the procedures guidelines for process to enhance
for notifying the geological and understanding of
Commandant (CG-5P) geophysical surveys application process.
of proposed site should be applied when
evaluation and pre- the applicant plans to
construction use bottom and sub-
testing? bottom acoustic
profiling during
deepwater port site
evaluation and pre-
construction activities.
Sec. 148.605 What Clarifies process for Clarifies existing
are the procedures existing authority for process to enhance
under OPA 90 for Coast Guard to lower understanding of
adjusting a the OPA 90 limit of application process.
deepwater port's liability for deepwater
limit of liability ports; sets minimum
under 33 U.S.C. level for OPA 90 limit
2704(d)(2)? of liability
adjustments and
describes process for
increases as
appropriate; lists
information required to
support an adjustment
to liability.
Sec. 148.707 What Clarifies existing Clarifies information to
type of criteria requirements for NEPA be included with the
will be used in an submissions. Application to prevent
environmental ``stopping the clock''
evaluation and how if information is
will they be requested during
applied? application review.
Sec. 148.707 What Deletes requirement to Possible time and cost
type of criteria consider future savings. Consideration
will be used in an environmental of future environmental
environmental regulations as regulations time
evaluation and how unreasonable. consuming and requires
will they be speculation. Allows
applied? focus on complying with
existing regulations.
Sec. 148.715 How Adds the following to Clarifies information to
is an environmental the existing list of be included with the
review conducted? factors: Geographic application to prevent
relevance, age of data, ``stopping the clock''
and methods of data if information is
analysis. requested during
application review.
Sec. 148.737 What Replaces list of Allows for easier update
environmental statutes with reference of list of statutes
statutes must an to Web site so list can that applicant must
applicant follow? be kept current. follow.
Sec. 149.5 What Moves to definition Administrative to
definitions apply section 148.5. enhance understanding
to this part? of application process
by consolidating
definitions.
Sec. 149.20 What Adds that the District Clarifies existing
must the District Commander must be requirement by adding
Commander be notified of the STL.
notified of and construction of a
when? submerged turret
loading (STL) buoy.
Sec. 149.51 What Allows a foreign Potential cost savings
construction national engineer, due to flexibility by
drawings and possessing allowing equivalent
specifications are qualifications qualifications for
required? equivalent to those foreign national
required in the United engineer thereby
States for a avoiding potential
professional engineer, delays.
to submit design and
construction plans on
behalf of the licensee.
Sec. 149.52 What Clarifies what the Potential cost savings
are the design appropriate due to use of existing
standards? classification society industry classification
requirements are for society standards.
deepwater ports. This
proposed change would
be added to explicitly
allow for the adoption
of classification
society standards
generally used within
the offshore industry
that are at least
equivalent to rules
established by any
recognized
classification society
recognized by the Coast
Guard.
Sec. 149.54 What Moves existing text from Reorganizes text to
is the process for other section. enhance understanding.
submitting
alterations and
modifications
affecting the
design,
construction, and
operations of a
deepwater port?
Sec. 149.57 What Provides standardization Describes the review and
is the review and of the deepwater port approval process and
approval process commissioning process, clarifies
for the design, ensures all levels of responsibilities to
construction, and the Coast Guard with facilitate
commissioning for deepwater port understanding of the
Deepwater Ports for responsibilities are process.
operation? appraised of a
deepwater port's
pending operational
approval, and clarifies
for the licensee the
identity of the
responsible Coast Guard
official with daily
operational oversight.

[[Page 19142]]

Sec. 149.58 What Describes the scope and Clarifies scope and
is the role of the duration of a CE's duration of CE's
certifying entity responsibility during responsibility to
in the review and each phase of design, enhance understanding
approval process construction, and of how the CE assists
for the design, operations, and would the application
construction, and apply to all nominated process.
commissioning for CEs whether nominated
Deepwater Ports for under proposed Sec.
operation? 148.8 or not.
(discussed previously
under ``B. Part 148, 2.
Application Information
and Review'').
Sec. 149.115 What Revises to indicate that Clarifies existing
are the the pipeline end requirements to improve
requirements for manifold's shutoff ability to respond to
pipeline end valve must be operable emergencies and on
manifold shutoff from a remote location unmanned facilities
valves? because that capability through the use of
must be available for remote shutoff valves.
operations on unmanned
deepwater ports as well
as during emergencies.
Sec. 149.206 What Aligns the requirements Enhances understanding
are the for survival craft and by aligning
requirements for rescue boats for manned requirements with MODU
survival craft and deepwater ports with CFR.
rescue boats? Coast Guard regulations
for the survival craft
and rescue boat
requirements for Mobile
Offshore Drilling Units
(MODU) in 46 CFR
108.520-108.575.
Sec. 150.10 What To ensure operations Clarifies requirements
are the general manuals are subject to for operations manual
requirements for continuous review and review to enhance
operations manuals? reflect the deepwater understanding of
port's actual process.
operational profile,
the Coast Guard
proposes in Sec.
150.10(e) to establish
a five-year cycle for
the operator to re-
submit the operations
manual to the
Commandant (CG-5P) to
be re-reviewed and re-
approved. This 5-year
review cycle would
coincide with the
existing five-year
environmental baseline
reassessment
requirement found at
Sec. 150.15(bb).
Sec. 150.15 What Specifies details of Potential time and cost
must the operations operations manual savings. Streamlines
manual include? including inclusion of approval by ensuring
existing COA and that manual meets
existing PMMP. existing COA, MTSA, and
Describes the annual PMMP/PHMSA
audit of deepwater port requirements.
security plan and
clarifies scope of
audits audit to
modification.
Requires development of
a procedures manual for
pipelines incorporating
existing PHMSA
requirements.
Establishes requirement
for Sector Commander or
MSU Commander with COTP
and OCMI authority to
perform annual security
inspection and 5-year
security plan review.
Sec. 150.25 When Clarifies responsibility Enhances understanding
will the Coast of Sector Commander or of process by
Guard require MSU Commander with COTP clarifying
amendments to the and OCMI authority with responsibilities of
operations manual? respect to operations Coast Guard and other
manual amendments and Federal agencies with
enables other Federal regards to amendments
agencies to propose to operations manual.
amendments to
operations manual.
Sec. 150.30 How Adds new paragraph (a) Enhances understanding
may the licensee to state that the of process by
propose an applicant must provide clarifying process for
amendment to the Commandant with a copy amending operations
operations manual? of the proposed manual and notifying
amendment. Commandant MARAD.
would then notify MARAD
prior to approval of
significant changes to
the deepwater port's
operations.
Sec. 150.100 What Adds language that Enhances understanding
are the representatives from of process by
requirements for other Federal agencies clarifying that
inspecting can accompany Coast representatives from
deepwater ports? Guard personnel during other Federal agencies
an inspection. can accompany Coast
Guard personnel during
an inspection.
Sec. 150.105 What Clarifies the existing Enhances understanding
are the procedures for of process by
requirements for development and clarifying the existing
annual self- approval of a deepwater procedures for
inspection? port self-inspection developing and
program by which approving a self-
deepwater ports may, inspection program.
prior to commencement
of operations, submit a
self-inspection program
to the responsible
Sector Commander or MSU
Commander with COTP and
OCMI authority for
consideration and
approval.
Sec. 150.107 What Operator must notify Formalizes current
notice must be Sector Commander or MSU industry practice
given in the event Commander with COTP and relating to notice of
of inspections? OCMI authority of inspections.
Federal or State
inspection and retain
records of inspections.
Sec. 150.110 What Operator must notify Formalizes current
are the Sector Commander or MSU industry practice
notification Commander with COTP and relating to changes to
requirements upon OCMI authority of classification.
receipt of changes to
classification classification status.
society
certifications?
Sec. 150.225 What Describes basic safety Clarifies existing
training and training requirements regulatory requirements
instruction are for all employees. for basic safety
required? training for all
employees.
Sec. 150.435 When Allows continuation of Potential cost savings
are cargo transfers cargo transfers during due to flexibility in
not allowed? electrical storms if continuing operations.
certain procedures are Also, LNG ports must
used. maintain operations to
avoid possible
hazardous situations.

[[Page 19143]]

Sec. 150.830 Describes process for Enhances understanding
Reporting a reporting oil pollution of process by
pollution incident. incidents. clarifying existing
regulatory requirements
for reporting oil
pollution incidents.
------------------------------------------------------------------------

B. Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule will have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and government jurisdictions with populations of less than
50,000.
There are three entities that operate existing deepwater ports.
LOOP is owned by a consortium of three multinational energy
corporations. The owners/operators of LOOP are not small; therefore,
LOOP exceeds the threshold for a small entity. Gulf Gateway and
Northeast Gateway are wholly owned by the second entity, which exceeds
the threshold for a small entity. The deepwater port Neptune LNG is
wholly owned by the third entity, which exceeds the threshold for a
small entity. The applicants of the five applications that were
withdrawn also exceed the threshold for a small entity. We assume that
any new deepwater port will not be a small entity given the history and
requirements for a new deepwater port. The North American Industry
Classification System (NAICS) codes and size standards for these
entities are found in Table 5.

Table 5--NAICS Codes and Size Standard for Deepwater Port Operators
------------------------------------------------------------------------
Size
Count of companies NAICS Code standard
(employees)
------------------------------------------------------------------------
1......................... 486110 Pipeline Transportation 1,500
of Crude Oil.
1......................... 424710 Petroleum Bulk Stations 100
and Terminals.
1......................... 211111 Oil and Gas Extraction.. 500
2......................... 221210 Natural Gas Distribution 500
------------------------------------------------------------------------

No not-for-profit organizations are involved with deepwater ports.
Deepwater ports are beyond the boundary line and therefore beyond small
government jurisdiction. This proposed rule will not have an adverse
impact on small government entities.
Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996,\19\ we want to assist small entities in
understanding this proposed rule so that they could better evaluate its
effects on them and participate in the rulemaking. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Kevin Tone, Deepwater Ports
Standards Division (CG-OES-4), email Kevin.P.Tone@uscg.mil, phone (202)
372-1441. The Coast Guard will not retaliate against the small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
---------------------------------------------------------------------------

\19\ Public Law 104-121.
---------------------------------------------------------------------------

Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 \20\ (PRA). Under OMB
regulations implementing the PRA, ``Controlling Paperwork Burdens on
the Public'' (5 CFR part 1320), ``collection of information'' means the
obtaining, soliciting, or requiring the disclosure to an agency of
information by or for an agency by means of identical questions posed
to, or identical reporting, recordkeeping, or disclosure requirements
imposed on, ten or more persons. ``Ten or more persons'' refers to the
number of respondents to whom a collection of information is addressed
by the agency within any 12-month period and does not include employees
of the respondent acting within the scope of their employment,
contractors engaged by a respondent for the purpose of complying with
the collection of information, or current employees of the Federal
government. Collections of information affecting ten or more
respondents within any 12-month period require OMB review and approval.
---------------------------------------------------------------------------

\20\ 44 U.S.C. 3501-3520.
---------------------------------------------------------------------------

This proposed rule comprises deepwater port application, operation,
and oversight procedures. The Coast Guard expects fewer than ten
entities in the natural gas industry would be affected by this rule
within any 12-month period because there are only four deepwater ports
currently in operation, and the Coast Guard does not expect to receive
ten or more applications in any future year because it has received
only eight applications in the last five years combined. Thus, we
expect to receive less than 10 applications per year; less than 10
submissions of design, construction, and equipment modification per
year; and less than 10 proposals to amend approved Operation Manuals
per year. Consequently, the number of respondents is less than the
threshold of ten respondents per 12-month period for collection of
information requirements under the PRA.

E. Federalism

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and

[[Page 19144]]

have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
Congress conferred rulemaking authority on the Secretary of
Transportation to promulgate regulations to carry out the provisions of
the DWPA. Relating to deepwater port licenses, 33 U.S.C. 1504(a) states
that the Secretary ``shall . . . issue regulations to carry out the
purposes and provisions of [the DWPA] . . . Such regulations shall
pertain to, but need not be limited to, application, issuance,
transfer, renewal, suspension, and termination of licenses.'' As noted
above, when the Coast Guard was transferred to DHS, certain authorities
and functions that were delegated to the Coast Guard while operating as
a part of the Department of Transportation remained with the Coast
Guard after its transfer to DHS. As such, the Coast Guard retained its
delegated authority to establish the regulatory framework governing the
application and licensing process of deepwater ports. Although Congress
specifically provided for affected States to play a role in the
licensing process of deepwater ports, the authorities exercised by the
Coast Guard in this rulemaking do not involve those delineated State
roles or responsibilities as they establish the licensing procedures
themselves. Congress made clear in the language of the DWPA that the
authority to establish licensing procedures was reserved to the Coast
Guard and States may not regulate within this category. Therefore, the
proposed rule is consistent with the principles of federalism and
preemption requirements in Executive Order 13132.
Additionally, the Coast Guard was granted the authority by
Congress, through delegation, to issue regulations to improve safety in
deepwater ports. 33 U.S.C. 1509(b) states that the Secretary ``shall
issue and enforce regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the promotion
of safety of life and property in any deepwater port and the waters
adjacent thereto.'' As this proposed rule revises provisions regarding
the construction, design, equipment, and operation of deepwater ports,
it falls within the scope of authority Congress granted exclusively to
the Secretary. This authority has been delegated to the Coast Guard and
is exercised in this rulemaking, and the States may not regulate within
these categories of construction, design, equipment and operation for
deepwater ports. Therefore, the proposed rule is consistent with the
principles of federalism and preemption requirements in Executive Order
13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of
authority to issue regulations, the Coast Guard recognizes the key role
that State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule has implications
for federalism under Executive Order 13132, please contact the person
listed in the FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 \21\ requires Federal
agencies to assess the effects of their discretionary regulatory
actions. In particular, the Act addresses actions that may result in
the expenditure by a State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
---------------------------------------------------------------------------

\21\ 2 U.S.C. 1531-1538.
---------------------------------------------------------------------------

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

We have analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order. Though it is a ``significant
regulatory action'' under E.O. 12866, it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under E.O.
13211.

L. Technical Standards

The National Technology Transfer and Advancement Act \22\ directs
agencies to use voluntary consensus standards in their regulatory
activities unless the agency provides Congress, through OMB, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
---------------------------------------------------------------------------

\22\ Codified as a note to 15 U.S.C. 272.
---------------------------------------------------------------------------

This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

We have analyzed this proposed rule under DHS Management Directive
023-01 and Commandant Instruction M16475.lD, which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969,\23\ and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. A preliminary
environmental analysis checklist

[[Page 19145]]

supporting this determination is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. This action falls under section 2.B.2, figure
2-1, paragraph (34)(a) and involves regulations that are editorial or
procedural, such as those updating or establishing application
procedures. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
---------------------------------------------------------------------------

\23\ 42 U.S.C. 4321-4370f.
---------------------------------------------------------------------------

List of Subjects

33 CFR Part 148

Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.

33 CFR Part 149

Fire prevention, Harbors, Marine Safety, Navigation (water),
Occupational safety and health, Oil pollution.

33 CFR Part 150

Harbors, Incorporation by reference, Marine safety, Navigation
(water), Occupational safety and health, Oil pollution, Reporting and
recordkeeping requirements.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 148, 149, and 150 as follows:

PART 148--DEEPWATER PORTS: GENERAL

0
1. The authority citation for part 148 continues to read as follows:

Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).

0
2. Revise Sec. 148.3 to read as follows:

Sec. 148.3 What Federal agencies are responsible for implementing the
Deepwater Port Act?

(a) Under delegations from the Secretary of Homeland Security and
the Secretary of Transportation, the Coast Guard and MARAD coordinate
with each other in processing applications for the issuance, transfer,
or amendment of a license for the construction and operation of a
deepwater port.
(b) The Coast Guard is responsible for compliance with the National
Environmental Policy Act (NEPA), including, but not limited to,
preparation of the appropriate environmental documents (Environmental
Impact Statement, Environmental Assessment, and/or a State-required
Environmental Impact Report) for each deepwater port license
application. The Coast Guard also has authority over certain matters
relating to navigation safety and security, engineering and safety
standards and deepwater port inspections.
(c) MARAD is responsible for issuing the Record of Decision to
announce whether a license application is approved, approved with
conditions, or denied, and for issuing, revoking, and reinstating
deepwater port licenses. MARAD also has authority over the approval of
fees charged by Adjacent Coastal States, and certain matters relating
to international policy, civil actions, and suspension or termination
of licenses.
(d) The Secretary of Transportation has delegated to the
Administrator of the Pipeline Hazardous Materials and Safety
Administration (PHMSA) the authority to carry out the functions vested
in the Secretary under section 21 of the Deepwater Port Act relating to
the safe construction, operation, and maintenance of pipelines
associated with deepwater ports.
(e) The Secretary of the Interior is responsible for determining
the fair market rental value of the subsoil and seabed of the Outer
Continental Shelf of the United States to be used by the deepwater
port, including, but not limited to, the fair market rental value of
the right-of-way necessary for the pipeline segment of the port located
on such subsoil and seabed. Any proposed subsuface storage of oil and
gas in the submerged lands of the Outer Continental Shelf is also
subject to the review and approval of the Secretary of the Interior. In
order to minimize potential impacts to existing facilities and protect
the development potential of nearby oil, gas, and mineral resources,
Bureau of Ocean Energy Management (BOEM) should also be involved in the
site selection process.
(f) The Environmental Protection Agency (EPA), U.S. Army Corps of
Engineers, and other Federal agencies are designated as cooperating
agencies and support the Coast Guard and MARAD in the review and
evaluation of deepwater port license applications.
0
3. Amend Sec. 148.5 as follows:
0
a. Add a definition in alphabetical order for ``Accommodation module'';
0
b. Revise the definition for ``Construction'';
0
c. Add definitions in alphabetical order for ``Deepwater port'',
``Deepwater port security plan'', ``Engineering geological survey'',
0
d. Remove the definition for ``Engineering hydrographic survey'';
0
e. Add in alphabetical order a definition for ``Flexible riser and
umbilical'';
0
f. Revise the definition for ``Lease block'';
0
g. Add in alphabetical order definitions for ``Major conversion'' and
``Marine Safety Unit (MSU) Commander'';
0
h. Revise the definitions for ``Marine site'' and ``Maritime
Administration'';
0
i. Add in alphabetical order a definition for ``Mile'';
0
j. Revise the definitions for ``Operator'' and ``Person in Charge'';
0
k. Add in alphabetical order definitions for ``PIC'' and ``Pipeline'';
0
l. Revise the definition for ``Pipeline end manifold'';
0
m. Add in alphabetical order a definition for ``Prevention, monitoring
and mitigation program'';
0
n. Revise the definition for ``Safety zone'';
0
o. Add in alphabetical order a definition for ``Service space'';
0
p. Revise the definitions for ``Single point mooring oil transfer
system''; ``Single point mooring natural gas transfer system'';
0
q. Add in alphabetical order definitions for ``Service space'',
``Sleeping space'', and ``Submerged turret loading buoy''; and
0
r. Revise the definition for ``Vessel''.
The additions and revisions read as follows;

Sec. 148.5 How are terms used in this subchapter defined?

As used in this subchapter:
Accommodation module means a module with one or more accommodation
spaces that is individually contracted and may be used for one or more
facilities.
* * * * *
Construction means any activity incidental to building, repairing,
or expanding a deepwater port or any of its components, and includes
but is not limited to supervision, inspection, actual building,
fabrication, laying of pipe, pile driving, bulk heading, alteration,
modification, commissioning, and additions to the deepwater port.
* * * * *
Deepwater port. (1) Means any fixed or floating manmade structure
other than a vessel, or any group of structures, located beyond State
seaward boundaries that are used or are intended for use as a port or
terminal for the transportation, storage, or further handling of oil or
natural gas for transportation to or from any State, except as
otherwise provided in the Deepwater Port Act of 1974, as amended, and
for other uses not inconsistent with the purposes of the Deepwater
Ports Act, including transportation of oil or natural gas from the
United States' OCS;

[[Page 19146]]

(2) Includes all components and equipment, including pipelines,
pumping stations, service platforms, buoys, mooring lines, and similar
facilities, to the extent that they are located seaward of the high
water mark;
(3) Includes, in the case of natural gas, all components and
equipment, including pipelines, pumping or compressor stations, service
platforms, buoys, mooring lines, and similar facilities which are
proposed and/or approved for construction and operation as part of the
deepwater port, to the extent that they are located seaward of the high
water mark and do not include interconnecting facilities; and
(4) Must be considered a ``new source'' for purposes of the Clean
Air Act, as amended (codified at 42 U.S.C. 7401 et seq.), and the
Federal Water Pollution Control Act, as amended (codified at 33 U.S.C.
1251 et seq.).
Deepwater port security plan or DPSP means the plan developed to
ensure the implementation of security measures, at each Maritime
Security Level defined in 33 CFR 101.105, to protect the deepwater port
and its servicing vessels or those vessels interfacing with the
deepwater port, and any cargoes and persons on board the port or
vessels.
* * * * *
Engineering geological survey means a detailed geological analysis
of seabed soil samples performed to determine the physical
composition--for example the mineral content--and structural integrity
for the installation of offshore components and structures.
Flexible riser and umbilical refer to the parts of a single point
mooring system and include the flexible product transfer and control
system from the submerged turret loading (STL) buoy to a pipeline end
manifold (PLEM).
* * * * *
Lease block means an area established either by the Secretary of
the Interior under 43 U.S.C. 1334, or by a State under 43 U.S.C. 1311.
* * * * *
Major conversion means a conversion that the Commandant (CG-5P)
determines will result in a substantial change to the deepwater port's
type or essence, dimensions, carrying capacity (if a floating deepwater
port), processing equipment, or expected useful lifespan.
* * * * *
Marine Safety Unit (MSU) Commander means the same as the definition
in 33 CFR 3.01-1(d)(2).
Marine site means the area in which the deepwater port is located,
including, but not limited to, the safety zone and all areas seaward of
the high water mark in which associated components and equipment of the
deepwater port are located.
Maritime Administration or MARAD means the Administrator of the
Maritime Administration or that person's designees, and includes the
Associate Administrator for Intermodal System Development, Maritime
Administration, or that individual's authorized representative, at 1200
New Jersey Avenue SE., Washington, DC 20590, telephone (202) 366-0926.
* * * * *
Mile means nautical mile.
* * * * *
Operator means the licensee or the licensee's designee.
* * * * *
Person in charge, when used without the abbreviation ``PIC,'' means
a person in charge of an operation other than transfer operations.
PIC means an individual designated as a person in charge of
transfer operations under 33 CFR 154.710 for oil facilities or 33 CFR
127.301 for liquefied natural gas (LNG) facilities.
* * * * *
Pipeline means the pipeline portion of a deepwater port downstream
of the last valve, and associated safety equipment, on the pipeline end
manifold (PLEM). On deepwater ports with multiple mooring stations, the
term includes the flow line or gathering line between each PLEM.
Pipeline end manifold or PLEM means the deepwater port process
skids containing the valves, controls, and instrumentation downstream
of the mooring equipment. The PLEM is normally subsea and will normally
include the last downstream valve prior to the deepwater port pipeline.
* * * * *
Prevention, monitoring, and mitigation program or PMMP means a
post-licensing, performance-based process to evaluate the effectiveness
of preventing or mitigating environmental impacts from deepwater port
construction and operations, and including the development of a pre-
construction monitoring baseline with subsequent periodic evaluations
to determine if and when improvements to the program must be
incorporated.
* * * * *
Safety zone means a safety zone established around a deepwater port
under part 150, subpart J, of this chapter and extending up to 500
meters (approximately 1,640 feet) around the deepwater port, measured
from each point on its outer edge or from its construction site, except
as authorized by generally accepted international standards or as
recommended by the International Maritime Organization but not
interfering with the use of recognized sea lanes.
Service space means a space used for a galley, a pantry containing
cooking appliances, a storeroom, or a workshop other than those in
industrial areas, and trunks to those spaces.
* * * * *
Single point mooring oil transfer system or SPM-OTS means the part
of the oil transfer system from the pipeline end manifold to the end of
the hose string that connects to the tanker's manifold. This is not
part of a submerged turret loading-single point mooring (STL-SPM)
system.
Single point mooring natural gas transfer system or SPM-NGTS means
the part of the natural gas transfer system from the pipeline end
manifold to the end of the hose string that connects to the tanker's
manifold. This is not part of a submerged turret loading-single point
mooring (STL-SPM) system.
Sleeping space means a space provided with bunks for sleeping.
* * * * *
Submerged turret loading buoy or STL buoy means a loading buoy
connected to the riser and umbilical that is pulled into a tanker's
receiving cone for the transfer of oil or natural gas.
* * * * *
Vessel means every description of watercraft or artificial
contrivance used or capable of being used as a means of transportation
on or through the water.
0
4. Amend Sec. 148.8 as follows:
0
a. In paragraph (a), add a sentence at the end of the paragraph; and
0
b. In paragraph (b) introductory text, remove the words ``may be made
at any time after the Maritime Administration issues a record of
decision approving the application, and''.
The addition reads as follows:

Sec. 148.8 How are certifying entities designated and used for
purposes of this subchapter?

(a) * * * Applicants may, with Commandant (CG-5P) approval,
nominate a CE before the Maritime Administration issues a Record of
Decision.
* * * * *
0
5. Amend Sec. 148.105 by:
0
a. Revising paragraphs (g)(1)(i), (g)(2)(iii), (i)(1), and (j)
introductory text;
0
b. Adding paragraphs (j)(1), (j)(1)(i), (j)(1)(ii), and (j)(2);
0
c. Revising paragraphs (k)(1) introductory text, (m)(1)(i),
(m)(1)(iii), and (m)(2);
0
d. Adding paragraphs (m)(3) and (4);

[[Page 19147]]

0
e. Revising paragraphs (n) introductory text, (s)(6)(iv), (t)
introductory text, (y), and (z); and
0
f. Adding paragraph (ff).
The revisions and additions read as follows:

Sec. 148.105 What must I include in my application?

* * * * *
(g) * * *
(1) * * *
(i) Annual financial statements, audited by an independent
certified public accountant, for the previous 3 years, including, but
not limited to, an income statement, balance sheet, and cash flow
statement with footnote disclosures prepared according to U.S.
Generally Accepted Accounting Principles; provided, however, that
MARAD, in consultation with the Commandant (CG-5P), may waive this
requirement upon finding:
* * * * *
(2) * * *
(iii) A preliminary estimate of the cost of removing all of the
deepwater port marine components, including pipelines that lie beneath
the seabed. The licensee of a deepwater port is responsible for the
costs associated with removal of all deepwater port components. Should
a license be granted, MARAD will require a bond, guarantee, or other
financial instrument to cover the complete cost of decommissioning as a
condition of the license.
* * * * *
(i) * * *
(1) Evidence, to the extent available, that the requirements of 33
U.S.C. 1341(a)(1) will be satisfied. If complete information is not
available by the time MARAD must either approve or deny the application
under 33 U.S.C. 1504(i)(1), the license for the deepwater port will be
conditioned upon the applicant demonstrating that the requirements of
33 U.S.C. 1341(a)(1) will be satisfied.
* * * * *
(j) Coastal zone management. (1) The application must be
accompanied by a completed consistency certification that the proposed
activity complies with, and will be conducted in a manner consistent
with, each affected state's Coastal Management Program. This
certification must include--
(i) The statement: ``The proposed activity complies with the
enforceable policies of [NAME OF AFFECTED STATE]'s approved management
program and will be conducted in a manner consistent with such
program.''; and
(ii) A copy of the environmental evaluation required by Sec.
148.105(z) of this part; and
(2) At the time of submitting the application, the applicant must
also furnish to the appropriate agency of each State where the proposal
may affect a coastal use or resource, a copy of the certification
requesting concurrence with the consistency certification. Complete
procedures for providing data for the consistency certification are
specified at 15 CFR part 930, subpart D.
(k) Identification of lease block. (1) Identification of each lease
block where any part of the proposed deepwater port or its approaches
is located. This identification must be made on official Outer
Continental Shelf leasing maps or protraction diagrams, where
available. Each map and diagram must be certified by a professional
surveyor, or, in the alternative, the applicant must provide an
equivalent means of certifying accuracy. For each lease block, provide
the following:
* * * * *
(m) * * *
(1) * * *
(i) Fixed and floating structures and associated components seaward
of the high water mark;
* * * * *
(iii) Proposed anchorage and mooring areas, including areas
associated with construction and pipelaying operations;
(2) A reconnaissance hydrographic survey of the proposed marine
site. This survey should provide data on the water depth, cultural
resources, and a general characterization of the sea bottom. A
requirement to submit a reconnaissance hydrographic survey of the final
marine site will be imposed as a condition in the license. The
applicant may submit existing data, gathered within the previous 5
years (or within a longer timeframe if approved by the Commandant (CG-
5P)), but it must be supplemented by field data for the specific
locations in which a high degree of variability exists;
(3) Meteorological/oceanographic (``MetOcean'') data. This should
include prevailing winds, currents, waves and storms in the vicinity of
the proposed marine site; and
(4) Vessel traffic data. At least one year of vessel traffic data
from the most recent year's data, if available, in the vicinity of the
proposed marine site.
(n) Engineering geological survey data. An initial preliminary
analysis of the general character and condition of the ocean bottom and
sub-bottom, soils and sediments throughout the marine site, and, if
applicable, soils and topography throughout the terrestrial site. If
the applicant proposes to use horizontal directional drilling (HDD),
the initial preliminary analysis must include a study addressing the
feasibility of HDD in the proposed HDD location. The applicant may use
existing data, so long as it was collected within the last 5 years (or
within a longer timeframe if approved by the Commandant (CG-5P)) and
continues to provide accurate information about conditions throughout
the site. If not, a new survey must be completed to provide
supplemental data. The analysis must include an opinion by a registered
professional specializing in soil mechanics, such as a registered
professional engineer or an equivalent means of certifying accuracy,
concerning:
* * * * *
(s) * * *
(6) * * *
(iv) Any associated equipment, including equipment for oil or
natural gas regasification, throughput measuring, leak detection,
emergency shutdown, and the alarm system.
* * * * *
(t) Information on offshore pipelines. To facilitate timely
processing of an application, applicants are encouraged to consult with
PHMSA to verify the requirements for the design, construction,
operation and maintenance of pipelines prior to submitting an
application, which must include the following:
* * * * *
(y) Risk and consequence assessment. The applicant must submit a
site-specific risk and consequence assessment to assess the risks and
consequences of accidental and intentional events that compromise cargo
containment. The applicant may consult with the Commandant (CG-5P) to
ensure that appropriate assessment procedures are used. If the Coast
Guard determines that an independent risk and consequence assessment is
necessary, the Coast Guard may require the applicant to provide
additional data in order to support an independent, site-specific
analysis. The Coast Guard may use an approved third party to analyze
the applicant provided data for impact on the public, property, and the
environment including, but not limited to, potential events that result
in a liquefied natural gas or oil spill, vapor dispersion and/or fire.
The Coast Guard-approved third party will use validated models, for
example, computational fluid dynamics, or an equivalent model.
(z) Environmental evaluation. An analysis, sufficient to meet the

[[Page 19148]]

requirements of the National Environmental Policy Act, and as outlined
in subpart H of this part, of the potential impacts on the natural and
human environments, including sufficient information that complies with
all applicable Federal, tribal, and State requirements for the
protection of the environment. The analysis must identify a reasonable
range of alternatives to the proposed action including, but not limited
to, deepwater port location, pipeline route and landfall, construction
methods, deepwater port design, and technologies used during operation.
* * * * *
(ff) MARPOL 73/78 requirements for certification as Reception
Facility for Oil, Noxious Liquid Substances, and Garbage. The deepwater
port license applicant must include an application for a Certificate of
Adequacy (COA) as defined in 33 CFR 158.120 or a written waiver
justifying why compliance with the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 relating to that Convention, or MARPOL 73/78, is unreasonable
or impracticable.
0
6. Revise Sec. 148.107 to read as follows:

Sec. 148.107 What happens if I supplement my application?

(a) The Commandant (CG-5P), in coordination with MARAD, may require
the applicant, or the applicant's affiliates, to file as a supplement
to the application any analysis, explanation, or other information the
Commandant (CG-5P) deems necessary to process the application.
(b) The Commandant (CG-5P), in coordination with MARAD, may require
the applicant, or the applicant's affiliates, to make available for
Coast Guard or MARAD examination, under oath or for interview, persons
having, or believed to have, necessary information.
(c) If information under paragraph (a) or (b) of this section is
required, the Commandant (CG-5P), with input from the applicant, will
determine if that required supplemental information can be provided in
a timeframe necessary to meet the Act's timeline for processing the
application. If the information under paragraph (a) or (b) cannot be
provided in that timeframe, the Commandant (CG-5P), in consultation
with MARAD, may suspend the timeline for processing the application
until the Commandant (CG-5P) receives that information and deems it to
be adequate.
(d) The deadline for the Administrator's review of an application
under the Act is extended for a period of time equal to the total
number of days of all suspensions made under paragraph (c) of this
section.
(e) If information under paragraph (a) or (b) of this section is
required, and the Commandant (CG-5P) determines that reasonable
progress is not being made to supply that information, the Commandant
(CG-5P) may recommend to MARAD to either suspend processing of the
application indefinitely or to treat the application as withdrawn in
accordance with Sec. 148.283 of this part.

Sec. 148.125 [Amended]

0
7. Amend Sec. 148.125(c) by adding the words ``and additional
environmental analysis'' after the words ``operations manual''.

Sec. 148.207 [Amended]

0
8. Amend Sec. 148.209 by revising paragraph (a) to read as follows:

Sec. 148.209 How is the application processed?

* * * * *
(a) Each Federal agency with jurisdiction over any aspect of
ownership, construction, or operation of deepwater ports; and
* * * * *
0
9. Revise Sec. 148.211 to read as follows:

Sec. 148.211 What must I do if I need to change my application?

(a) If at any time before MARAD approves or denies an application,
the information in it changes, becomes incomplete, or becomes
inaccurate, the applicant must promptly submit the changes, additional
information, or necessary corrections in the manner set forth in Sec.
148.115 of this part.
(b) The Coast Guard may determine that the change or required
information is of such magnitude that it warrants submission of an
amended or, in some cases, a completely revised application. The
Commandant (CG-5P), in consultation with MARAD, will determine if the
change is of such a magnitude as to require reopening of the scoping
process or otherwise warrant the opportunity for additional public
comment on the proposed action.
0
10. Add Sec. 148.214 to read as follows:

Sec. 148.214 May I resubmit my application?

With the approval of MARAD, in consultation with the Commandant
(CG-5P), an applicant may resubmit a previously withdrawn application
in accordance with subpart B of this part. The Commandant (CG-5P) may
waive such subpart B requirements as the Commandant (CG-5P) deems
appropriate. Where the application was previously denied, or withdrawn
due to concerns raised by either MARAD or the governor of an Adjacent
Coastal State, the resubmission must be accompanied by a memorandum in
which the applicant shows clearly how the application has been revised
to address those reasons for denial or concerns.

Sec. 148.215 [Amended]

0
11. Amend Sec. 148.215 as follows:
0
a. Redesignate paragraph (d) as paragraph (c)(5); and
0
b. In newly redesignated paragraph (c)(5), after the words
``determination that the'', add the words ``proposed deepwater''.
0
12. Amend Sec. 148.217 by revising paragraphs (b)(1), (c), and (d) to
read as follows:

Sec. 148.217 How can a State be designated as an Adjacent Coastal
State?

* * * * *
(b) * * *
(1) Be submitted in writing to MARAD within 14 days after the date
of publication of the notice of application in the Federal Register;
* * * * *
(c) Upon receipt of a request, MARAD will send a copy of the
State's request to the Administrator of the National Oceanic and
Atmospheric Administration (NOAA) and ask for the Administrator's
recommendations within an amount of time that will allow MARAD, in
consultation with the Commandant (CG-5P), 45 days from receipt of the
request to determine the matter.
(d) If after receiving NOAA's recommendations, MARAD determines
that the State should be considered an Adjacent Coastal State, MARAD,
in consultation with the Commandant (CG-5P), will so designate it. If
MARAD, in consultation with the Commandant (CG-5P), denies the request,
he or she will notify the requesting State's Governor of the denial.

Sec. 148.222 [Amended]

0
13. Amend Sec. 148.222(b) by removing the words ``The Commandant (CG-
5) or the MARAD Administrator'' and adding, in their place, the words
``MARAD, in coordination with the Commandant (CG-5P),''.
0
14. Revise Sec. 148.228 to read as follows:

Sec. 148.228 What if a formal evidentiary hearing is necessary?

After all public meetings under Sec. 148.222 of this part are
concluded, MARAD, in consultation with the Commandant (CG-5P), will
consider whether there are one or more specific and material factual
issues that may be resolved by a formal evidentiary hearing. If it is
determined that a formal

[[Page 19149]]

evidentiary hearing is necessary, the hearing will be conducted in
accordance with 5 U.S.C. 554, in accordance with procedures prescribed
by MARAD.

Sec. Sec. 148.230, 148.232, 148.234, 148.236, 148.238, 148.240,
148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and
148.256 [Removed and Reserved]

0
15. Remove and reserve Sec. Sec. 148.230 148.232, 148.234, 148.236,
148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252,
148.254, and 148.256.
0
16. Revise Sec. 148.276 to read as follows:

Sec. 148.276 What is the timeline for approving or denying an
application?

(a) In 33 U.S.C. 1504, the Act provides strict timelines for action
on a license application, which, if closely observed, can lead to
action in just under 1 year. The Coast Guard, with the concurrence of
MARAD, may suspend the timeline if an applicant fails to provide timely
information or requests additional time to comply with a request, as
described in Sec. 148.107 of this part.
(b) The timeline for action on a license application includes
publishing a notice of application. A notice of application is
published after it has been determined that the application contains
sufficient material for processing the application. The Coast Guard and
MARAD must conduct a public hearing in each Adjacent Coastal State
within 240 days of publishing the notice.
(c) After the final environmental impact statement is published,
MARAD will hold a final public hearing in each Adjacent Coastal State.
MARAD issues a Record of Decision (ROD) approving or denying a license
application within 90 days after the final public hearing. Actual
issuance of a license may not take place until certain conditions
imposed by the ROD have been met. Those conditions may include how the
applicant must address design, construction, installation, testing,
operations, and decommissioning of the deepwater port, or meet the
requirements of other agencies.
0
17. Amend Sec. 148.277 by adding paragraph (d) to read as follows:

Sec. 148.277 How may Federal agencies and States participate in the
application process?

* * * * *
(d) Approvals or disapprovals of the application from the governors
of Adjacent Coastal States will be accepted by MARAD only within the
45-day period after the close of the final public hearing on the
application, and not before the final public hearing. If the governor
fails to transmit his or her approval or disapproval to MARAD not later
than 45 days after the last public hearing, such approval will be
conclusively presumed.

Sec. 148.281 [Amended]

0
18. Amend Sec. 148.281(b)(1) by removing the letter ``G'' after the
word ``subpart'' and adding, in its place, the letter ``H''.
0
19. Revise Sec. 148.283 to read as follows:

Sec. 148.283 When may the application process be stopped and an
application be treated as withdrawn?

(a) The Commandant (CG-5P) may recommend to MARAD that an
application be treated as withdrawn before the application is approved
or denied if--
(1) The application is withdrawn before MARAD approves it; or
(2) The application is incomplete, and the applicant does not
respond to a request by the Commandant (CG-5P) for further information,
as per Sec. 148.107 of this part.
(b) The Commandant (CG-5P) and MARAD will provide joint written
notice to the applicant of an action taken under this section.

Sec. 148.405 [Amended]

0
20. Amend Sec. 148.405(c)(2) as follows:
0
a. After the word ``limits'', remove the symbol ``,''; and
0
b. After the word ``explosives'', add the words ``, per the applicable
guidance for geological and geophysical surveys prescribed by the
Bureau of Ocean Energy Management (BOEM)''.

Subpart G--[Redesignated as Subpart H]

0
21. Redesignate subpart G, consisting of Sec. Sec. 148.700 through
148.737, as subpart H.
0
22. Add new subpart G entitled ``Subpart G--Oil Pollution Act of 1990
Limits of Liability for Deepwater Ports'' and move Sec. Sec. 148.600
and 148.605 from subpart F to new subpart G and revise them to read as
follows:
Subpart G--Oil Pollution Act of 1990 Limits of Liability for Deepwater
Ports

Sec. 148.600 Where can I find the Oil Pollution Act of 1990 (OPA 90)
limits of financial liability for deepwater ports?

The OPA 90 limits of liability for deepwater ports are set forth in
33 CFR 138.230(b). The limits of liability in that section are adjusted
periodically for significant increases in the Consumer Price Index, in
accordance with 33 U.S.C. 2704(d)(4) and the procedures in 33 CFR
138.240. The limits of liability may also be adjusted under 33 U.S.C.
2704(d)(2) and the procedures in Sec. 148.605 of this subpart.

Sec. 148.605 What are the procedures under OPA 90 for adjusting a
deepwater port's limit of liability under 33 U.S.C. 2704(d)(2)?

(a) Upon an applicant's or licensee's request, the Coast Guard may
lower the generally applicable OPA 90 limit of liability for deepwater
ports in 33 CFR 138.230(b)(1). The Coast Guard may do so under 33
U.S.C. 2704(d)(2) on a port by-port-basis, after evaluating a spill
risk analysis and an economic analysis. Adjustments to a deepwater
port's limit of liability are established by a rulemaking that allows
for public notice and comment, and if approved, will be codified at 33
CFR 138.230(b)(2).
(b) The limit of liability of a deepwater port will not be reduced
to less than $50 million, and may be increased following a reduction,
as the Coast Guard deems appropriate, if the design, construction, or
operation of the deepwater port changes, or if oil spill incidents
related to the deepwater port, or to deepwater ports generally,
indicate that a higher limit is needed.
(c) Requests to adjust the limit of liability for a deepwater port
under this subpart must be submitted to the Commandant (CG-5P).
Requests to adjust the limits of liability may be submitted with a
license application or upon receipt of a license from MARAD to
construct and operate the proposed deepwater port. If the request for
adjustment is submitted with the license application, no action will be
taken on the request until MARAD issues a license to construct and
operate the proposed deepwater port.
(d) Requests to adjust the limit of liability under this subpart
must include a risk analysis of the deepwater port to determine its
maximum probable oil discharge and an economic analysis to determine
the OPA 90 responsible party removal costs and OPA 90 removal costs and
damages for which the responsible party is liable under 33 U.S.C. 2702
that could result from such a spill.
(1) The risk analysis must, as applicable, consider the following
factors:
(i) Deepwater port oil handling, storage, transfer, and
transportation capacity and practices.
(ii) Type of oil handled.
(iii) Physical layout and condition of the deepwater port.
(iv) On-site oil spill response capability.
(v) Oil spill history of the deepwater port.
(vi) The pipeline oil leak detection system.

[[Page 19150]]

(vii) Section-by-section pipeline analysis of credible oil spill
scenarios.
(viii) Other oil spills for which the deepwater port might be
solely or jointly liable (such as tanker spills).
(2) The economic analysis must, as applicable, consider the
following factors for the maximum credible spill:
(i) Spill trajectories.
(ii) Potential responsible party removal costs.
(iii) Potential removal costs and damages for which the responsible
party is liable under 33 U.S.C. 2702.

Subpart H--Environmental Review Criteria for Deepwater Ports

0
23. Amend Sec. 148.707 as follows:
0
a. Revise the section heading and paragraph (b) introductory text;
0
b. In paragraph (b)(1)(i), before the word ``endangered'', add the
words ``threatened and'', and after the word ``species'', add the words
``and critical habitats'';
0
c. In paragraph (b)(1)(iii), remove the word ``sanctuaries'' and add,
in its place, the words ``protected areas'';
0
d. In paragraph (b)(1)(vii), remove the word ``and'';
0
e. In paragraph (b)(1)(viii), remove the symbol ``.'', and add, in its
place, the symbol ``;''; and
0
f. Add paragraphs (b)(1)(ix) and (x).
The revisions and additions read as follows:

Sec. 148.707 What type of criteria will be used in an environmental
evaluation and how will they be applied?

* * * * *
(b) The environmental evaluation will be applied to the phases of
construction, operation, and decommissioning of the proposed action and
alternatives. Alternatives must consider alternate siting of the
deepwater port as well as different technologies and pipeline routes.
The evaluation will assess:
(1) * * *
(ix) Marine, coastal, and migratory birds; and
(x) Marine mammals and fisheries.
* * * * *

Sec. 148.715 [Amended]

0
24. Amend Sec. 148.715 as follows:
0
a. In the introductory text, remove the word ``reasonable'' and add, in
its place, the words ``a reasonable range of'';
0
b. In paragraph (a), after the word ``assessment'' and before the
comma, add the words ``including, but not limited to, geographic
relevance, age of data used (generally no more than 5 years at the time
of submission) and methods of data analysis''; and
0
c. In paragraph (a), remove the text ``; and'' and add, in its place a
period.

Sec. 148.720 [Amended]

0
25. Amend Sec. 148.720(k) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec. 148.725 [Amended]

0
26. Amend Sec. 148.725 introductory text by removing the word
``reasonable'' and adding, in its place, the words ``a reasonable range
of''.

Sec. 148.730 [Amended]

0
27. Amend Sec. 148.730 as follows:
0
a. In the introductory text, remove the word ``reasonable'' and add, in
its place, the words ``a reasonable range of''; and
0
b. In paragraph (a), remove the words ``from appropriate State agencies
for any designated Adjacent Coastal State'' and add, in its place, the
words ``described in Sec. 148.105(j) of this part''.

Sec. 148.735 [Amended]

0
28. Amend Sec. 148.735 introductory text by removing the word
``reasonable'' and adding, in its place, the words ``a reasonable range
of''.
0
29. Revise Sec. 148.737 to read as follows:

Sec. 148.737 What environmental statutes must an applicant follow?

In constructing and operating a deepwater port, the deepwater port
must comply with all applicable Federal, State, and tribal
environmental statutes and Executive Orders (E.O.s). For the purposes
of information only, a non-exhaustive list of Federal environmental
statutes and E.O.s is available online via a Coast Guard Web site:
https://www.uscg.mil/hq/cg5/cg522/cg5225/.

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

0
30. The authority citation for part 149 continues to read as follows:

Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).

Sec. Sec. 149.306-149.315 [Removed and Reserved]

0
31. Remove and reserve Sec. Sec. 149.306 through 149.315.

Sec. Sec. 149.100-149.700 [Redesignated]

0
32. Redesignate Sec. Sec. 149.100 through 149.700 as shown in the
following table:

------------------------------------------------------------------------
Old section, old subpart New section, new subpart
------------------------------------------------------------------------
149.100, B 149.100, C
149.103, B 149.105, C
149.105, B 149.110, C
149.110, B 149.115, C
149.115, B 149.120, C
149.120, B 149.125, C
149.125, B 149.130, C
149.130, B 149.135, C
149.135, B 149.140, C
149.140, B 149.64, B
149.145, B 149.150, C
149.300, C 149.200, D
149.301, C 149.201, D
149.302, C 149.202, D
149.303, C 149.203, D
149.304, C 149.204, D
149.305, C 149.205, D
149.316, C 149.207, D
149.317, C 149.208, D
149.318, C 149.209, D
149.319, C 149.210, D
149.320, C 149.211, D
149.321, C 149.212, D
149.322, C 149.213, D
149.323, C 149.214, D
149.324, C 149.215, D
149.325, C 149.216, D
149.326, C 149.217, D
149.327, C 149.218, D
149.328, C 149.219, D
149.329, C 149.220, D
149.330, C 149.221, D
149.331, C 149.222, D
149.332, C 149.223, D
149.333, C 149.224, D
149.334, C 149.225, D
149.335, C 149.226, D
149.336, C 149.227, D
149.337, C 149.228, D
149.338, C 149.229, D
149.339, C 149.230, D
149.340, C 149.231, D
149.400, D 149.300, E
149.401, D 149.301, E
149.402, D 149.302, E
149.403, D 149.303, E
149.404, D 149.304, E
149.405, D 149.305, E
149.406, D 149.306, E
149.407, D 149.307, E
149.408, D 149.308, E
149.409, D 149.309, E
149.410, D 149.310, E
149.411, D 149.311, E
149.412, D 149.312, E
149.413, D 149.313, E
149.414, D 149.314, E
149.415, D 149.315, E
149.416, D 149.316, E
149.417, D 149.317, E
149.418, D 149.318, E
149.419, D 149.319, E
149.420, D 149.320, E
149.421, D 149.321, E
149.500, E 149.400, F
149.505, E 149.405, F
149.510, E 149.410, F
149.520, E 149.420, F
149.535, E 149.435, F
149.540, E 149.440, F
149.550, E 149.450, F
149.560, E 149.460, F
149.565, E 149.465, F
149.570, E 149.470, F
149.575, E 149.475, F
149.580, E 149.480, F
149.585, E 149.485, F
149.600, F 149.50, B

[[Page 19151]]

149.610, F 149.20, A
149.615, F 149.51, B
149.620, F 149.53, B
149.625, F 149.52, B
149.640, F 149.60, B
149.641, F 149.61, B
149.655, F 149.62, B
149.660, F 149.63, B
149.665, F 149.65, B
149.670, F 149.66, B
149.675, F 149.67, B
149.680, F 149.68, B
149.685, F 149.69, B
149.690, F 149.70, B
149.691, F 149.71, B
149.692, F 149.72, B
149.693, F 149.73, B
149.694, F 149.74, B
149.695, F 149.75, B
149.696, F 149.76, B
149.697, F 149.77, B
149.700, F 149.78, B
------------------------------------------------------------------------

0
33. Revise Sec. 149.5 to read as follows:

Sec. 149.5 What definitions apply to this part?

Definitions applicable to this part appear in 33 CFR 148.5.

Sec. 149.15 [Removed and Reserved]

0
34. Remove and reserve Sec. 149.15.

Sec. 149.20 [Amended]

0
35. In newly redesignated Sec. 149.20, paragraph (a), after the text
``(SPM)'', add the words ``, or submerged turret loading (STL) buoy''.
0
36. Revise the heading of subpart B to read as follows:

Subpart B--Design, Construction, Operations, and Equipment

Sec. 149.50 [Amended]

0
37. Amend newly redesignated Sec. 149.50 by adding the words ``the
design, construction, operations, and'' after the words ``requirements
for'', and by removing the words ``and design'' after the word
``equipment''.

Sec. 149.51 [Amended]

0
38. Amend newly redesignated Sec. 149.51(b) by adding the words ``in
the U.S., or an engineer possessing equivalent qualifications in a
foreign country as approved by the Commandant (CG-5P),'' after the
words ``professional engineer''.
0
39. Amend newly redesignated Sec. 149.52 as follows:
0
a. In paragraph (b), after the text ``(CG-5P)'' add the words ``or the
accepted certifying entity''; and
0
b. Add paragraph (d).
The addition reads as follows:

Sec. 149.52 What are the design standards?

* * * * *
(d) The appropriateness of the design of a deepwater port, or its
components, may be shown by its compliance with standards generally
used within the offshore industry that are at least equivalent to rules
established by any recognized classification society as defined in 46
CFR 8.100. Based on the design, complexity, and location of a deepwater
port, the Commandant (CG-5P) will determine, in coordination with the
applicant or licensee, as appropriate, the components to be included in
classification society certification or classification certificate.
This coordination should start early in the process, especially in the
case of manned fixed or floating structures.
0
40. Add Sec. 149.54 to read as follows:

Sec. 149.54 What is the process for submitting alterations and
modifications affecting the design, construction, and operations of a
deepwater port?

(a) Alterations and modifications affecting the design and
construction of a deepwater port must be submitted to the Commandant
(CG-5P) for review and approval if--
(1) A license has not yet been issued; or
(2) A license has been issued but the deepwater port has not
commenced operations; or
(3) The alterations and modifications are deemed a major
conversion; or
(4) The alterations or modifications substantially change the
manner in which the deepwater port operates or are not in accordance
with a condition of the license.
(b) All other alterations and modifications to the deepwater port
must be submitted to the Sector Commander, or MSU Commander with COTP
and OCMI authority for review and approval.
(c) Approval for alterations and modifications proposed after a
license has been issued will be contingent upon whether the proposed
changes will affect the way the deepwater port operates, or any
conditions imposed in the license.
(d) The licensee is not authorized to proceed with alterations
prior to approval from the Commandant (CG-5P) for the conditions
outlined in paragraph (a) and for approval by the cognizant Sector
Commander, or MSU Commander with COTP and OCMI authority as required in
paragraph (b) of this section.
(e) During the review and approval process of a proposed alteration
or modification, the Commandant (CG-5P) may consult with the Marine
Safety Center and cooperating Federal agencies possessing relevant
technical expertise.
0
41. Add Sec. 149.57 to read as follows:

Sec. 149.57 What is the review and approval process for the design,
construction, and commissioning for Deepwater Ports for operation?

(a) The Coast Guard is responsible for ensuring that all aspects of
a deepwater port are in compliance with appropriate standards and
requirements. The Coast Guard review of a proposed deepwater port ends
at, and includes, the last downstream valve of the pipeline end
manifold (PLEM) for each single point mooring-oil transfer system (SPM-
OTS) or single point mooring-natural gas transfer system (SPM-NGTS)
(last downstream valve prior to connecting to a pipeline). The main gas
transmission lines to shore or to offshore pipeline infrastructure, and
the flowlines or gathering lines connecting multiple SPM-OTSs or SPM-
NGTSs, fall under the jurisdiction of PHMSA.
(b) The Commandant (CG-5P) will coordinate the review and approval
for operations for the Coast Guard and other Federal and State agencies
as necessary.
(c) Depending on project complexity, construction, and installation
timing, the Commandant (CG-5P) will determine, with input from the
licensee, when the review process should be initiated and when the
certifying entity (CE), if used, should be nominated, approved and
engaged. The CE may also be the classification society being used as
described in 33 CFR 149.52(d).
(d) Final approval to commence commissioning and operations of the
deepwater port will come from the Commandant (CG-5P). This approval may
contain additional conditions that must be satisfied once the deepwater
port is operational. Once Commandant (CG-5P) has granted the deepwater
port clearance to operate, the Sector Commander, or MSU Commander with
COTP and OCMI authority will exercise day to day oversight.
0
42. Add Sec. 149.58 to read as follows:

Sec. 149.58 What is the role of the certifying entity in the review
and approval process for the design, construction, and commissioning
for Deepwater Ports for operation?

(a) A certifying entity (CE), contracted by the licensee but under
the direction of and acting for the Coast Guard, may assist in the
review and verification of each phase (i.e., the design, construction,
and operations) of a deepwater port. If a CE is used, the CE's review
must include a recommendation to the Commandant (CG-5P) on the
sufficiency of a deepwater port's design basis and selected drawings,
plans, or analysis and procedure. Review for each phase may require on-
site inspections at

[[Page 19152]]

fabrication locations and during construction and installation. The
Commandant (CG-5P) is the final approval authority for the deepwater
port's design, construction, and commissioning.
(1) Design phase, including the design basis. The design basis must
identify all baseline design standards, regulations, rules and/or
codes, and key parameters to be used to design each structure, system,
or component of the deepwater port.
(2) Construction phase, including fabrication, installation, and
commissioning.
(3) Operational phase, including maintenance and inspection
procedures and long-term support from commencement of operations to
decommissioning of the deepwater port.
(b) The licensee must provide to the Commandant (CG-5P), and to a
CE, if used, the design basis and lists of drawings, plans,
calculations, analyses, procedures, and correspondence as determined in
the review.
(c) If a CE is used, key responsibilities for the CE include, but
are not limited to--
(1) Recommendation of approval, disapproval, or approval with
proposed changes of the applicant's design basis;
(2) Development of an action plan for each phase;
(3) Providing selected drawings and plan reviews;
(4) Inspections and oversight;
(5) Interim reports and recommendations; and
(6) A final report and recommendation for Coast Guard approval or
disapproval.
(d) The CE may also be used to assist in the review of such areas
as--
(1) A maintenance and inspection program;
(2) System safety, including interoperability, reliability, safety
integrity levels, and LNG carrier compatibility;
(3) Specific, higher-risk components and operations; and
(4) Pipeline design, installation and operations manual (The
applicant must coordinate the review and approval of the pipeline
appendix to the operations manual with PHMSA).
(e) At the option of the licensee, the CE may continue to support
the review and approval process for a deepwater port through to its
decommissioning.

Sec. 149.63 [Amended]

0
43. Amend newly redesignated Sec. 149.63(a) introductory text by
removing the words ``pumping platform complex'' and adding, in their
place, the words ``manned deepwater port''.

Sec. 149.64 [Amended]

0
44. Amend newly redesignated Sec. 149.64(b) by removing the symbol
``,'' after the word ``side'' and adding, in its place, the words
``facilities, vessels approaching the safety zone,''.

Sec. 149.65 [Amended]

0
45. In newly redesignated Sec. 149.65, wherever they appear, remove
the words ``pumping platform complex'' and add, in their place, the
words ``manned deepwater port''.

Sec. 149.66 [Amended]

0
46. In newly redesignated Sec. 149.66, paragraph (b), remove the text
``Sec. 149.665'' and add, in its place, the text ``Sec. 149.65''.

Sec. 149.67 [Amended]

0
47. Amend newly redesignated Sec. 149.67(a) as follows:
0
a. Remove the words ``For a'' and add, in their place, the word
``Each'';
0
b. Remove the words ``, each pumping platform complex''; and
0
c. After the words ``on the'', remove the word ``complex'' and add, in
its place, the words ``deepwater port''.

Sec. 149.68 [Amended]

0
48. Amend newly redesignated Sec. 149.68 by adding the word ``manned''
before the word ``deepwater'' in the introductory text.

Sec. 149.70 [Amended]

0
49. Amend newly redesignated Sec. 149.70 by removing the word
``outlined'' and adding, in its place, the word ``specified'', and by
removing the text ``Sec. Sec. 149.691 through 149.699'' and adding, in
its place, the text ``Sec. Sec. 149.71 through 149.77''.

Sec. 149.77 [Amended]

0
50. Amend newly redesignated Sec. 149.77(a) by removing the word
``owner's'' and adding, in its place, the word ``operator's''.
0
51. Revise the heading for subpart C to read as follows:

Subpart C--Pollution Prevention Equipment

Sec. 149.115 [Amended]

0
52. In newly redesignated Sec. 149.115, remove the words ``from the
pumping platform complex'' and add, in their place, the word
``remotely''.

Sec. 149.130 [Amended]

0
53. Amend newly redesignated Sec. 149.130(a) by removing the words ``a
pumping platform complex'' and adding, in their place, the words ``the
marine transfer area of a deepwater port''.

Sec. 149.135 [Amended]

0
54. Amend newly redesignated Sec. 149.135 as follows:
0
a. In paragraph (b) introductory text, after the word ``alarm'', add
the words ``described in paragraph (a) of this section'';
0
b. In paragraph (b)(1), remove the words ``pumping platform complex''
and add, in their place, the words ``marine transfer area of a
deepwater port''; and
0
c. In paragraph (b)(2), remove the words ``pumping platform complex''
and add, in their place, the words ``marine transfer area of a
deepwater port'', and before the word ``under'', add the word
``described''.

Sec. 149.150 [Amended]

0
55. Amend newly redesignated Sec. 149.150 by removing the words
``pumping platform complex'' and adding, in their place, the words
``manned deepwater port''.
0
56. Revise the heading for subpart D to read as follows:

Subpart D--Lifesaving Equipment

Sec. 149.203 [Amended]

0
57. Amend newly redesignated Sec. 149.203 as follows:
0
a. In paragraph (a)(1), remove the text ``Sec. 149.306'' and add, in
its place, the text ``Sec. 149.206'';
0
b. In paragraph (a)(2), remove the text ``Sec. 149.308'' and add, in
its place, the text ``Sec. 149.208''; and
0
c. In paragraph (b), remove the text ``Sec. 149.314'' and add, in its
place, the text ``Sec. 149.206''.

Sec. 149.204 [Amended]

0
58. Amend newly redesignated Sec. 149.204 as follows:
0
a. In paragraph (a), in the introductory text, remove the text ``Sec.
149.305'' and add, in its place, the text ``Sec. 149.205'';
0
b. In paragraph (a)(4), remove the text ``Sec. 149.305'' and add, in
its place, the text ``Sec. 149.205''; and
0
c. In paragraph (a)(5), remove the text ``Sec. 149.314'' and add, in
its place, the text ``Sec. 149.206''.

Sec. 149.205 [Amended]

0
59. Amend newly redesignated Sec. 149.205 as follows:
0
a. In paragraph (a), remove the text ``Sec. 149.304'' and add, in its
place, the text ``Sec. 149.204''; and
0
b. In paragraph (b), remove the text ``Sec. 149.308'' and add, in its
place, the text ``Sec. 149.208''.
0
60. Add Sec. 149.206 to read as follows:

Sec. 149.206 What are the requirements for survival craft and rescue
boats?

Survival craft and rescue boats must satisfy the requirements of 46
CFR

[[Page 19153]]

108.520-108.575, except as described in paragraphs (a) through (g) of
this section.
(a) Except for boathooks, the survival equipment required by 46 CFR
108.575(b) must be securely stowed in the lifeboat.
(b) Each lifeboat must have a list of the survival equipment it is
required to carry. The list must be posted in the lifeboat.
(c) Except as provided in Sec. 149.205(b) of this part, each
inflatable or rigid liferaft, boarded from a deck that is more than 4.5
meters (14.75 feet) above the water, must be davit-launched or served
by a marine evacuation system approved under approval series 160.175.
(d) The launching equipment must be arranged so that a loaded
liferaft does not have to be lifted before it is lowered.
(e) Not more than two liferafts may be launched from the same set
of launching equipment.
(f) The operator must arrange survival craft so that they are--
(1) Readily accessible in an emergency;
(2) Accessible for inspection, maintenance, and testing;
(3) In locations clear of overboard discharge piping or openings,
and of obstructions below; and
(4) Located so that survival craft with an aggregate capacity to
accommodate all persons authorized to be berthed are readily accessible
from the personnel berthing area.
(g) The operator may use an onboard crane to launch a rescue boat
if the crane's launching system meets the requirements of this section.

Sec. 149.209 [Amended]

0
61. Amend newly redesignated Sec. 149.209 by removing the text ``Sec.
149.316'' and adding, in its place, the text ``Sec. 149.207''.

Sec. 149.210 [Amended]

0
62. Amend newly redesignated Sec. 149.210 by removing the text ``Sec.
149.317'' and adding, in its place, the text ``Sec. 149.208''.

Sec. 149.216 [Amended]

0
63. In newly redesignated Sec. 149.216, remove the text ``Sec.
149.140'' and add, in its place, the text ``Sec. 149.64''.

Sec. 149.221 [Amended]

0
64. In newly redesignated Sec. 149.221(a), remove the text ``Sec.
149.326'' and add, in its place, the text ``Sec. 149.217''.

Sec. 149.227 [Amended]

0
65. Amend newly redesignated Sec. 149.227(a) by removing the text
``Sec. 149.316'' and adding, in its place, the text ``Sec. 149.217''.

Sec. 149.228 [Amended]

0
66. Amend newly redesignated Sec. 149.228(a) by removing the text
``Sec. 149.320'' and adding, in its place, the text ``Sec. 149.211''.
0
67. Revise the heading for subpart E to read as follows:

Subpart E--Firefighting and Fire Protection Equipment

0
68. Revise newly redesignated Sec. 149.302 to read as follows:

Sec. 149.302 What firefighting and fire protection equipment must be
approved by the Coast Guard?

Unless approval from the Sector Commander, or MSU Commander with
COTP and OCMI authority, is requested and granted pursuant to Sec.
149.303 of this part and as permitted under Sec. 149.303, Sec.
149.315(c) or (d), Sec. 149.319(a)(1), or Sec. 149.320 of this part,
all required firefighting and fire protection equipment on a deepwater
port must be approved by the Commandant (CG-ENG). Firefighting and fire
protection equipment that exceeds required equipment must also be
approved by the Commandant (CG-ENG).
0
69. Revise the section heading for newly redesignated Sec. 149.303 to
read as follows:

Sec. 149.303 How may the operator request the use of alternate or
supplemental firefighting and fire prevention equipment or procedures?

* * * * *
0
70. Amend newly redesignated Sec. 149.304 as follows:
0
a. Revise the section heading; and
0
b. Remove the text ``Sec. 149.403'' and add, in its place, the text
``Sec. 149.303''. The revision reads as follows:

Sec. 149.304 Can the operator use firefighting equipment that has no
Coast Guard standards?

* * * * *

Sec. 149.305 [Amended]

0
71. Amend newly redesignated Sec. 149.305 by removing the text
``149.405'' wherever it appears, and adding, in each place, the text
``149.305''.

Sec. 149.307 [Amended]

0
72. Amend newly redesignated Sec. 149.307 as follows:
0
a. In paragraph (a), remove the text ``Sec. 149.409'' and add, in its
place, the text ``Sec. 149.309''; and
0
b. In paragraph (b), remove the text ``Sec. 149.409'' and add, in its
place, the text ``Sec. 149.309''.

Sec. 149.309 [Amended]

0
73. Amend newly redesignated Sec. 149.309 by removing the text
``149.409'' wherever it appears, and adding, in each place, the text
``149.309''.

Sec. 149.310 [Amended]

0
74. In newly redesignated Sec. 149.310, remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec. 149.315 [Amended]

0
75. Amend newly redesignated Sec. 149.315(a) by removing the words
``pumping platform complex'' and adding, in their place, the words
``manned deepwater port''.

Sec. 149.317 [Amended]

0
76. In newly redesignated Sec. 149.317(b), remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec. 149.318 [Amended]

0
77. In newly redesignated Sec. 149.318, remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec. 149.319 [Amended]

0
78. Amend newly redesignated Sec. 149.319 as follows:
0
a. In paragraph (a) introductory text, remove the text ``Sec.
149.420'' and add, in its place, the text ``Sec. 149.320'' and remove
the text ``Sec. 149.421'' and add, in its place, the text ``Sec.
149.321''; and
0
b. In paragraph (a)(2), remove the text ``Sec. 149.415'' and add, in
its place, the text ``Sec. 149.315''.
0
79. Revise the heading for subpart F to read as follows:

Subpart F--Aids to Navigation

Sec. 149.405 [Amended]

0
80. In newly redesignated Sec. 149.405(a), remove the text ``Sec.
149.510'' and add, in its place, the text ``Sec. 149.410''.

Sec. 149.410 [Amended]

0
81. In newly redesignated Sec. 149.410(a), remove the text
``Commandant (CG-5P)'' and add, in its place, the words ``Coast Guard
District Commander in the area where the deepwater port will be
built''.

Sec. 149.470 [Amended]

0
82. In newly redesignated Sec. 149.470(c), remove the text ``Sec.
149.540'' and add, in its place, the text ``Sec. 149.440''.

Sec. 149.480 [Amended]

0
83. In newly redesignated Sec. 149.480(a), remove the words ``of a
pumping platform complex''.

[[Page 19154]]

Sec. 149.485 [Amended]

0
84. In redesignated Sec. 149.485(a), remove the words ``pumping
platform complex'' and add, in their place, the words ``deepwater
port''.

Sec. 149.650 [Removed]

0
85. Remove Sec. 149.650.

PART 150--DEEPWATER PORTS: OPERATIONS

0
86. The authority citation for part 150 continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No.
0170.1(70), (73), (75), (80).

0
87. Amend Sec. 150.10 by revising paragraphs (b), (c), (d), and (e) to
read as follows:

Sec. 150.10 What are the general requirements for operations manuals?

* * * * *
(b) The operations manual is reviewed and approved by the
Commandant (CG-5P), in coordination with the local Sector Commander, or
MSU Commander, with COTP and OCMI authority, as meeting the
requirements of the Act and this subchapter.
(c) The manual must be readily available on the deepwater port for
use by personnel.
(d) The licensee must ensure that all personnel are trained and
follow the procedures in the manual while at the deepwater port.
(e) Every 5 years from the date of approval of the operations
manual (unless a longer timeframe is approved by the Commandant (CG-
5P)), a deepwater port operator must re-submit the operations manual to
the Commandant (CG-5P) to be re-reviewed and re-approved.
0
88. Amend Sec. 150.15 as follows:
0
a. In paragraph (c), after the word ``including'', add the words ``,
but not limited to,'';
0
b. In paragraphs (d) introductory text, (m) introductory text, and in
newly redesignated paragraph (q) introductory text, after the word
``including'', add the words ``, but not limited to'';
0
c. In paragraphs (i) introductory text, (i)(4), after the word
``including'', add the words ``, but not limited to,'';
0
d. In paragraph (i)(4)(vii), remove the words ``a safety zone, area to
be avoided, and anchorage area'' and add, in their place, the words
``zones and areas described under subpart J of this part'';
0
e. In paragraphs (i)(7), (l) introductory text, and (l)(1)(iii), after
the word ``including'', add the words ``, but not limited to,'';
0
f. In paragraph (l)(2)(iii), remove the word ``to'' and add, in its
place, the words ``, but not limited to,'';
0
g. In paragraph (l)(4), after the word ``including'', add the words ``,
but not limited to,'';
0
h. In paragraphs (m) introductory text, and in newly redesignated
paragraph (q) introductory text, after the word ``including'', add the
words ``, but not limited to'';
0
i. Redesignate paragraphs (o) through (aa) as (p) through (bb),
respectively;
0
j. Add new paragraph (o);
0
k. In newly redesignated paragraphs (s), (u)(3), and (x)(2)(iii), after
the word ``including'', add the words ``, but not limited to,'';
0
l. Revise newly redesignated paragraphs (y) and (bb); and
0
m. Add paragraph (cc);
The additions and revisions read as follows:

Sec. 150.15 What must the operations manual include?

* * * * *
(o) A certificate of adequacy (COA) that certifies a deepwater port
meets the requirements for reception facilities as required under 33
CFR part 158, or a waiver of a COA.
* * * * *
(y) Security procedures--(1) Security plan. Deepwater port
operators must develop a deepwater port security plan comparable, at a
minimum, to those required by 33 CFR part 106. The plan must address at
least:
(i) Access controls for goods and materials and access controls for
personnel that require positive and verifiable identification;
(ii) Monitoring and alerting of vessels that approach or enter the
deepwater port's security zone;
(iii) Risk identification and procedures for detecting and
deterring terrorist or subversive activity, such as security lighting
and remotely-alarmed restricted areas;
(iv) Internal and external notification and response requirements
in the event of a perceived threat or an attack on the deepwater port;
(v) Designation of the deepwater port security officer (DPSO);
(vi) Required security training and drills for all personnel; and
(vii) The scalability of actions and procedures for the various
levels of threat.
(2) Audits. (i) The DPSO must ensure an audit of the deepwater port
security plan is performed annually, beginning no later than one year
from the initial date of approval and attach a letter to the deepwater
port security plan certifying that the deepwater port security plan
meets the applicable requirements of this part. The results of this
audit must be included as an attachment to the annual self-inspection
report to the cognizant Sector Commander, or MSU Commander with COTP
and OCMI authority as outlined in Sec. 150.105 of this part.
(ii) If there is a change in ownership or operations of the
deepwater port, or if there have been modifications to the deepwater
port, the deepwater port security plan must be audited including but
not limited to physical structure, emergency response procedures,
security measures, or operations.
(iii) Auditing the deepwater port security plan, as a result of
modifications to the deepwater port, may be limited to those sections
of the deepwater port security plan affected by the deepwater port
modifications.
(iv) Unless impracticable due to the size and nature of the company
or the deepwater port, personnel conducting internal audits of the
security measures specified in the deepwater port security plan or
evaluating its implementation must--
(A) Have knowledge of methods of conducting audits and inspections,
and control and monitoring techniques;
(B) Not have regularly assigned security duties; and
(C) Be independent of any security measures being audited.
(v) If the results of an audit require an amendment of the
deepwater port security plan, the DPSO must submit the proposed
amendment to the cognizant Sector Commander, or MSU Commander with COTP
and OCMI authority, with copy to the Commandant (CG-5P), for review and
approval no later than 30 days after completion of the audit.
(3) Review. The Sector Commander, or MSU Commander with COTP and
OCMI authority, will normally perform an annual security inspection to
verify the findings in the audit. The Sector Commander, or MSU
Commander with COTP and OCMI authority, will perform a more detailed
deepwater port security plan review at prescribed 5-year intervals
following initial approval of the deepwater port security plan and will
include onsite inspection of personnel assignments and qualifications,
observance of security drills, and other security exercises as
necessary.
* * * * *
(bb) Environmental procedures. A prevention, monitoring, and
mitigation program (PMMP) that provides procedures to prevent,
minimize, or mitigate adverse environmental effects

[[Page 19155]]

resulting from the construction, operation, and decommissioning of the
deepwater port. This must include both routine scheduled maintenance
activities as well as unscheduled maintenance activities.
(1) Environmental monitoring program. The PMMP must include a
detailed environmental monitoring program plan. It must be performance-
based, and include provisions for incorporating recommendations for
adaptive management based upon analysis of data obtained from
monitoring studies. The PMMP must also include provisions for periodic
re-examination of the physical, chemical, and biological factors
investigated during the baseline surveys contained in the licensee's
deepwater port license application.
(i) Monitoring must commence shortly before project construction in
the vicinity of the construction sites and other potentially impacted
areas and continue throughout the construction phase.
(ii) During project operations, a continuous monitoring program
designed to ensure coverage of seasonal variations must be undertaken.
(2) Review. Every 5 years (unless a longer timeframe is approved by
the Commandant (CG-5P)), to coincide with the periodic review of the
deepwater port's operations manual, the licensee must conduct a
thorough re-examination of the physical, chemical, and biological
factors contained in the deepwater port's environmental evaluation.
(i) The re-examination must include, but not be limited to, a
detailed analysis of the results of the environmental monitoring
program to identify trends and impacts that result from the deepwater
port's operations.
(ii) The re-examination must be submitted for review and approval
to the Commandant (CG-5P) and MARAD not later than 60 days before the 5
year period ends.
(cc) Procedural manual for operations, maintenance, and emergencies
of the deepwater port pipelines. This manual must meet the requirements
of PHMSA regulations 49 CFR 192.605 and other applicable parts of 49
CFR 190 through 199.
0
89. Amend Sec. 150.25 as follows:
0
a. Revise the section heading;
0
b. Redesignate paragraphs (d), (e), and (f) as paragraphs (c)(2), (d),
and (e), respectively;
0
c. Revise newly redesignated paragraph (c)(2);
0
d. Add paragraph (c)(1);
0
e. Revise newly redesignated paragraph (e);
0
f. Add new paragraph (f); and
The revisions and addition read as follows:

Sec. 150.25 When will the Coast Guard require amendments to the
operations manual?

* * * * *
(c) * * *
(1) If the Sector Commander, or MSU Commander with COTP and OCMI
authority determines that the proposed amendments are inadequate, the
Sector Commander, or MSU Commander with COTP and OCMI authority, will
return them to the licensee for revision.
(2) If the Sector Commander, or MSU Commander with COTP and OCMI
authority, decides that a proposed amendment is adequate, the amendment
will go into effect 60 days after the Sector Commander, or MSU
Commander with COTP and OCMI authority, notifies the licensee, with
copy to the Commandant (CG-5P). The Commandant (CG-5P) will notify
MARAD, and PHMSA as appropriate, prior to a significant amendment going
into effect.
* * * * *
(e) If the Sector Commander, or MSU Commander with COTP and OCMI
authority, finds that a particular situation requires immediate action
to prevent a spill or discharge, or to protect the safety of life and
property, he or she may issue an amendment effective on the date that
the licensee receives it. The Sector Commander, or MSU Commander with
COTP and OCMI authority, must include a brief statement of the reasons
for the immediate amendment. The licensee may petition the District
Commander for review, but the petition does not delay the effective
date of the amendment.
(f) Other Federal agencies may propose amendments to the operations
manual by submitting them to the Coast Guard's Office of Operating and
Environmental Standards (CG-OES), which will coordinate with the Sector
Commander, or MSU Commander with COTP and OCMI authority, to have the
licensee implement requested amendments.
0
90. Revise Sec. 150.30 to read as follows:

Sec. 150.30 How may the licensee propose an amendment to the
operations manual?

(a) Proposed amendments to an approved operations manual must be
submitted to the Sector Commander, or MSU Commander with COTP and OCMI
authority, in whose area of responsibility the deepwater port is
located, with copy to the Commandant (CG-5P). The Commandant (CG-5P)
will notify MARAD prior to approval of proposed significant amendments
to the operations manual to ensure approval accords with the conditions
of the deepwater port's license. If the proposed changes are not
consistent with the requirements of any license condition, the
environmental impact analysis, or any other Federal or State license or
approval, the Commandant (CG-5P) must notify the Sector Commander, or
MSU Commander with COTP and OCMI authority of this inconsistency
immediately. Sector Commander, or MSU Commander with COTP and OCMI
authority approval of the proposed changes will be withheld until the
identified inconsistencies are resolved.
(b) The licensee may propose an amendment to the operations
manual--
(1) By submitting to the Sector Commander, or to the MSU Commander
with COTP and OCMI authority, in writing, the amendments and reasons
for the amendments, not less than 30 days before the requested
effective date of the amendment; or
(2) If the amendment is needed immediately, by submitting the
amendment, and reasons why the amendment is needed immediately, to the
Sector Commander, or to the MSU Commander with COTP and OCMI authority
in writing.
(c) The Sector Commander, or MSU Commander with COTP and OCMI
authority, in coordination with the Commandant (CG-5P), must respond to
a proposed amendment by notifying the licensee of his or her decision,
in writing, before the requested date of the amendment. If the request
is disapproved, the Sector Commander, or MSU Commander with COTP and
OCMI authority must include the reasons for disapproval in the notice.
If the request is for an immediate amendment, the Sector Commander, or
the MSU Commander with COTP and OCMI authority must respond as soon as
possible.
0
91. Revise Sec. 150.35 to read as follows:

Sec. 150.35 How may an Adjacent Coastal State request an amendment to
the deepwater port operations manual?

(a) An Adjacent Coastal State connected by pipeline to the
deepwater port may petition the cognizant Sector Commander, or MSU
Commander with COTP and OCMI authority, with copy to the Commandant
(CG-5P), to amend deepwater port operations. The petition must include
sufficient information to allow the Sector Commander, or MSU Commander
with COTP and OCMI authority to reach a decision concerning the
proposed amendment.
(b) After the Sector Commander, or MSU Commander with COTP and OCMI

[[Page 19156]]

authority receives a petition, the Sector Commander, or MSU Commander
with COTP and OCMI authority, in coordination with the Commandant (CG-
5P), requests comments from the licensee.
(c) After reviewing the petition and comments and considering the
costs and benefits involved, the Sector Commander, or MSU Commander
with COTP and OCMI authority, in coordination with the Commandant (CG-
5P), may approve the petition if the proposed amendment will provide
equivalent or improved protection and safety. The Adjacent Coastal
State may petition the Commandant (CG-5P) to review the decision.
Petitions must be made in writing and presented to the Sector
Commander, or MSU Commander with COTP and OCMI authority for forwarding
to the Commandant (CG-5P) via the District Commander.
0
92. Revise Sec. 150.40 to read as follows:

Sec. 150.40 Deviating from the operations manual.

(a) If, because of a particular situation, the licensee needs to
deviate from the operations manual, the licensee must submit a written
request to the Sector Commander, or MSU Commander with COTP and OCMI
authority explaining why the deviation is necessary and what
alternative is proposed. If the Sector Commander, or MSU Commander with
COTP and OCMI authority determines that the deviation would ensure
equivalent or greater protection and safety, the Sector Commander, or
MSU Commander with COTP and OCMI authority will authorize the deviation
and notify the licensee in writing.
(b) In an emergency, any person may deviate from any requirement in
this subchapter, or any procedure in the operations manual, to ensure
the safety of life, property, or the environment. Each deviation must
be reported to the Sector Commander, or to the MSU Commander with COTP
and OCMI authority at the earliest possible time.

Sec. 150.45 [Removed and Reserved]

0
93. Remove and reserve Sec. 150.45.
0
94. Amend Sec. 150.50 by revising the section heading to read as
follows:

Sec. 150.50 What are the requirements for a deepwater port spill
response plan?

* * * * *
0
95. Revise Sec. 150.100 to read as follows:

Sec. 150.100 What are the requirements for inspecting deepwater
ports?

(a) Under direction of the Sector Commander, or MSU Commander, with
COTP and OCMI authority, marine inspectors may inspect deepwater ports
to determine whether the requirements of this subchapter are met. A
marine inspector may conduct an inspection, with or without advance
notice, at any time the Sector Commander or MSU Commander deems
necessary.
(b) During an inspection, Coast Guard marine inspectors may be
accompanied by representatives of other Federal agencies.
0
96. Revise Sec. 150.105 to read as follows:

Sec. 150.105 What are the requirements for annual self-inspection?

(a) The operator of each deepwater port must ensure that the
deepwater port is regularly inspected to determine whether the facility
is in compliance with the requirements of the approved operations
manual, the license, and any classification society certifications. To
this end, a deepwater port operator may propose to the Sector
Commander, or to the MSU Commander, with COTP and OCMI authority, to
implement a self-inspection program. Prior to the initiation of a self-
inspection program, and before commencement of operations, the owner or
operator must submit a proposal describing the self-inspection plan to
the Sector Commander, or to the MSU Commander, with COTP and OCMI
authority for acceptance. The plan must address all applicable
requirements outlined in parts 149 and 150 of this subchapter. Any
proposed program must include inspection intervals not to exceed 12
months between inspections. The inspection may be conducted up to 2
months after its due date, but will be valid for only the 12 months
following that due date.
(b) The operator must record and submit the results of the annual
self-inspection to the Sector Commander, or to the MSU Commander with
COTP and OCMI authority, within 30 days of completing the inspection.
The report must include a description of any failure, and the scope of
repairs made to components or equipment, in accordance with the
requirements in subpart I of this part, other than primary lifesaving,
firefighting, or transfer equipment, which are inspected and repaired
in accordance with subpart F.
(c) The Sector Commander, or the MSU Commander with COTP and OCMI
authority, must validate the results of each inspection. If the Sector
Commander, or the MSU Commander with COTP and OCMI authority,
determines that the deepwater port is not operating in conformity with
its operations manual or license, the Sector Commander, or the MSU
Commander with COTP and OCMI authority, must direct appropriate
corrective action to the deepwater port operator, and the Sector
Commander, or the MSU Commander with COTP and OCMI authority, must
notify the Commandant (CG-5P). After receipt of the notification, if
the Commandant (CG-5P) concurs that a possible violation of a license
condition is indicated, Commandant (CG-5P) will notify MARAD for
consideration of what, if any, action on the license should be taken.
0
97. Add Sec. 150.107 to read as follows:

Sec. 150.107 What notice must be given in the event of inspections?

The operator must notify the Sector Commander, or the MSU Commander
with COTP and OCMI authority, of scheduled Federal and State agency
inspections. The operator must retain the record of results of any
Federal or State agency inspection and make those records available for
review upon receiving a request by the Sector Commander, or by the MSU
Commander with COTP and OCMI authority, or his or her designated
representative. The Coast Guard may participate in any inspection
undertaken by another Federal or State agency with jurisdiction.

Sec. 150.110 [Amended]

0
98. Amend Sec. 150.110 by removing the word ``or'' after the words
``class certificate,''; and adding the words ``, or of changes in class
status'' after the words ``classification certificate''.

Sec. 150.225 [Amended]

0
99. In Sec. 150.225, after the word ``hold.'', add the sentence ``All
employees, regardless of status, must receive basic safety training as
soon as practicable after reporting to the deepwater port.''.

Sec. 150.325 [Amended]

0
100. Amend Sec. 150.325(b) introductory text by adding the words ``,
but not limited to'' after the word ``including''.
0
101. Amend Sec. 150.380 by revising Table 150.380(a) and paragraph (b)
to read as follows:

Sec. 150.380 Under what circumstances may vessels operate within the
safety zone or area to be avoided?

(a) * * *

[[Page 19157]]

Table 150.380(a)--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
Areas to be Other ship's
avoided around routing measures
Regulated activities Safety zone each deepwater Anchorage areas adjacent to the
port component \1\ safety zone
----------------------------------------------------------------------------------------------------------------
Tankers calling at port........ C C C C
Support vessel movements....... C C C C
Transit by vessels other than F D P P
tankers or support vessels.
Mooring to surface components N N N N
by vessels other than tankers
or support vessels.
Anchoring by vessels other than N F C F
tankers or support vessels.
Fishing, including, but not N D P R
limited to, bottom trawl
(shrimping).
Mobile drilling operations or N R N N
erection of structures \2\.
Lightering/transshipment....... N N N N
----------------------------------------------------------------------------------------------------------------
\1\ Areas to be avoided are in subpart J of this part.
\2\ Not part of Port Installation.
\3\ Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the
person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger
to the ship or persons on board. N--Not permitted. P--Transit is permitted when the vessel is not in the
immediate area of a tanker, and when cleared by the vessel traffic supervisor. R--Permitted only if determined
that operation does not create unacceptable risk to personnel safety and security and operation. For
transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no
anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical
miles.

(b) If the activity is not listed in table 150.380(a) of this
section, or otherwise provided for in this subpart, the permission of
the Sector Commander, or MSU Commander with COTP and OCMI authority, is
required before operating in the safety zone or other ship's routing
measure.
* * * * *

Sec. 150.435 [Amended]

0
102. Amend Sec. 150.435(b) by adding the words ``, unless complying
with any approved procedures contained in the operations manual to
ensure the safety of personnel, equipment and the environment'' after
the word ``vicinity''.

Sec. 150.501 [Amended]

0
103. Amend Sec. 150.501 by adding the words ``, but not limited to,''
after the word ``including''.

Sec. 150.601 [Amended]

0
104. Amend Sec. 150.601(b) introductory text by adding the words ``but
not limited to,'' after the word ``including,'' and by adding the
symbol ``,'' after the word ``subcontractors''.

Sec. 150.602 [Amended]

0
105. Amend Sec. 150.602(a) by removing the text ``Sec. 150.15(w)'',
and adding, in its place, the text ``Sec. 150.15(x)''.

Sec. 150.607 [Amended]

0
106. Amend Sec. 150.607(a) by adding the words ``, but not limited
to,'' after the word ``including'' and by adding the symbol ``,'' after
the word ``gear''.

Sec. 150.615 [Amended]

0
107. Amend Sec. 150.615(c) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec. 150.618 [Amended]

0
108. In Sec. 150.618(a), after the word ``including'', add the words
``, but not limited to,''.

Sec. 150.619 [Amended]

0
109. In Sec. 150.619(b), after the word ``including'', add the words
``, but not limited to,''.

Sec. 150.623 [Amended]

0
110. Amend Sec. 150.623(c) introductory text by adding the words ``,
but not limited to'' after the word ``including''.

Sec. 150.715 [Amended]

0
111. In Sec. 150.715(a), after the word ``must'', add the words
``comply with the requirements of 33 CFR 66.01-11 and''.

Sec. 150.720 [Amended]

0
112. Amend Sec. 150.720 by adding the words ``and comply with the
requirements of 33 CFR 67.10'' after the text ``5 miles''.

Sec. 150.812 [Amended]

0
113. Amend Sec. 150.812 by removing the word ``and'' and adding, in
its place, the symbol ``,'' after the word ``life''; and adding the
words ``, and the environment'' after the word ``property''.

Sec. 150.815 [Amended]

0
114. Amend Sec. 150.815(a)(4) by adding the words ``, but not limited
to,'' after the word ``including''.
0
115. Revise Sec. 150.830 to read as follows:

Sec. 150.830 Reporting a pollution incident.

(a) Oil pollution incidents involving a deepwater port are reported
according to part 153, subpart B, of this chapter.
(b) In each notification made under paragraph (a) of this section,
the person in charge of the deepwater port involved in the incident
must provide his or her name and telephone number, or radio call sign,
and, to the extent known, the--
(1) Location, date, and time of the incident;
(2) Quantity of oil involved;
(3) Cause of the incident;
(4) Name or other identification of the vessel or offshore facility
involved;
(5) Size and color of any slick or sheen and the direction of its
movement;
(6) Observed on-scene weather conditions, including wind speed and
direction, height and direction of seas, and any tidal or current
influence present;
(7) Actions taken or contemplated to secure the source or contain
and remove or otherwise control the discharged oil;
(8) Extent of any injuries or other damages incurred as a result of
the incident;
(9) Observed damage to living natural resources; and
(10) Any other information deemed relevant by the reporting party
or requested by the person receiving the notification.
(c) The person giving notification of an incident must not delay
notification to gather all required information and

[[Page 19158]]

must provide any information not immediately available when it becomes
known.

Sec. 150.905 [Amended]

0
116. Amend Sec. 150.905(d) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec. 150.915 [Amended]

0
117. Amend Sec. 150.915 as follows:
0
a. In paragraph (a), after the word ``life'', remove the word ``and''
and add, in its place, the symbol ``,'', and after the word
``property'', add the words ``, or the environment'';
0
b. In paragraph (b)(2), after the word ``including'', add the words ``,
but not limited to,''; and
0
c. In paragraph (b)(9), after the word ``including'', add the words ``,
but not limited to,''.

Dated: March 17, 2015.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2015-06611 Filed 4-8-15; 8:45 am]
BILLING CODE 9110-04-P

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