[Federal Register: January 6, 2004 (Volume 69, Number 3)]
[Rules and Regulations]
[Page 723-787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja04-32]
[[Page 723]]
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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; Temporary Interim Rule
[[Page 724]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 148, 149, and 150
[USCG-1998-3884]
RIN 1625-AA20 (formerly RIN 2115-AF63)
Deepwater Ports
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: This temporary interim rule revises regulations adopted in
1975 to implement the Deepwater Port Act of 1974. It updates and
streamlines those regulations in accordance with the 1996 Deepwater
Port Modernization Act. It also extends the deepwater port regulations
to the natural gas deepwater ports authorized by Congress in the
Maritime Transportation Security Act of 2002. This temporary interim
rule will be followed by a final rule as soon as practicable.
DATES: This temporary interim rule is effective from January 6, 2004,
until October 1, 2006. Comments and related material must reach the
Docket Management Facility on or before July 5, 2004. Comments sent to
the Office of Management and Budget (OMB) on collection of information
must reach OMB on or before July 5, 2004.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-1998-3884 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal rulemaking portal: http://www.regulations.gov.
You must also mail comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer,
U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Commander Kevin Tone, Vessel and Facility Operating
Standards Division (G-MSO-2), Coast Guard, telephone 202-267-0226. If
you have questions on viewing or submitting material to the docket,
call Andrea M. Jenkins, Program Manager, Docket Operations, Department
of Transportation, telephone 202-366-0271.
SUPPLEMENTARY INFORMATION:
Effective Dates
This temporary interim rule takes effect January 6, 2004. The Coast
Guard finds that postponing the effective date of this temporary
interim rule is unnecessary, because the immediate impact of changes
that otherwise would take effect 30 days after publication are
administrative in nature and have been the subject of permissible
consultation with affected parties. The Coast Guard further finds that
postponing the effective date of this temporary interim rule is
contrary to the public interest in the prompt processing of deepwater
port licensing applications. Therefore, the Coast Guard finds that good
cause exists under 5 U.S.C. 553(d)(3) for this temporary interim rule
to take effect upon publication. The effective period of this temporary
interim rule ends October 1, 2006. The Maritime Transportation Security
Act of 2002 (MTSA), Public Law 107-295, Title I, 106 (e)(2), provides
in part: ``The Secretary may issue an interim final rule as a temporary
regulation implementing this section * * * as soon as practicable after
the date of enactment of this section, without regard to the provisions
of chapter 5 of title 5, United States Code [the Administrative
Procedure Act or APA].'' Although MTSA itself sets no time limit on the
temporary regulation, we think a self-imposed termination date of
October 1, 2006, is in keeping with the spirit of the act.
Public Participation and Request for Comments
This temporary interim rule has been issued without public notice
and comment on certain provisions (see the preceding discussion of
``Effective Dates''). The provisions being added without previous
public notice and comment concern natural gas deepwater ports. Public
notice for other aspects of this rulemaking was provided in the notice
of proposed rulemaking (NPRM) issued May 30, 2002 (67 FR 37920), and
the public was given several months to comment on that NPRM.
Section 106(e)(3) of MTSA requires publication of a final rule as
soon as practicable. The final rule is not exempt from the notice and
comment provisions of the APA. We intend to issue a final rule after
providing opportunity for public comment on this temporary interim
rule, and we may revise the final rule in light of those comments. We
encourage you to participate in this rulemaking by submitting comments
and related materials. All comments received will be posted, without
change, to http://dms.dot.gov and will include any personal information
you have provided. We have an agreement with the Department of
Transportation (DOT) to use the Docket Management Facility. Please see
DOT's ``Privacy Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
1998-3884), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. You may
submit your comments and material by electronic means, mail, fax, or
delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
temporary interim rule in view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time and conduct a simple search using
the docket number. You may also visit the Docket Management Facility in
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
[[Page 725]]
Public Meeting
We do not now plan to hold a public meeting. If you wish, you may
submit a request for a public meeting to the Docket Management Facility
at the address under ADDRESSES. Explain why you think a meeting would
be useful. If we determine that a meeting would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Regulatory History
On May 30, 2002, we published in the Federal Register (67 FR 37920)
a notice of proposed rulemaking entitled ``Deepwater Ports,'' and
announced a public comment period ending July 29, 2002. Subsequently,
we published a Federal Register notice (67 FR 53764, August 19, 2002)
extending the public comment period to September 18, 2002. The comments
we received are discussed in ``Discussion of Comments and Changes,''
below. No public hearing was held in connection with the NPRM.
Related Rulemaking
The rule proposed in the May 30, 2002, NPRM contained numerous
references to Coast Guard rules proposed in an earlier NPRM (64 FR
68416, December 7, 1999) titled ``Outer Continental Shelf Activities.''
The Outer Continental Shelf (OCS) Activities rulemaking (USCG-1998-
3868; RIN 1625-AA18, formerly RIN 2115-AF39) has not been completed.
Therefore, instead of retaining the 2002 NPRM's references to the 1999
NPRM's proposed OCS provisions, we revised the Deepwater Ports rules so
that they now contain detailed provisions that are based on the 1999
OCS NPRM's provisions. In many cases, we have modified those provisions
so that they are substantively different from what we proposed in 1999.
We consider the Deepwater Ports temporary interim rule to represent a
logical outgrowth of the 2002 Deepwater Ports NPRM and the 1999 OCS
Activities NPRM, modified to reflect MTSA's addition of natural gas
deepwater ports as well as the public comments we received on both
NPRMs. These detailed provisions primarily appear in those portions of
the temporary interim rule concerning lifesaving and firefighting
requirements, maintenance procedures, and workplace safety and health
requirements.
One commenter on the 2002 NPRM said we should not couple Deepwater
Ports rulemaking to the OCS Activities rulemaking without a further
opportunity for public comment and that in the meantime we should rely
on existing OCS regulations, while another commenter said that aligning
the two rulemakings was appropriate. As explained in ``Public
Participation and Request for Comments'' and in the preceding
paragraph, there will be further opportunity for public comment before
a final rule is issued, and we have modified OCS Activities provisions,
for use in this temporary interim rule, in light of public comments
that we have previously received on both the Deepwater Ports and OCS
Activities rulemakings.
Background and Purpose
A detailed discussion of this rulemaking's background and
objectives can be found in the 2002 NPRM. In summary, our goal has been
to modernize existing deepwater port regulations in light of
experience, and in compliance with the Deepwater Port Modernization Act
(DPMA; Public Law 104-324, title V, sec. 501-508, October 19, 1996),
which amended the Deepwater Port Act of 1974 (DWPA; 33 U.S.C. 1501-
1524). DPMA expressed a general interest in ensuring fair treatment for
deepwater ports relative to other modes for importing or transporting
oil; in eliminating unnecessary regulation and promoting innovation,
flexibility, and efficiency; and in encouraging the construction of
additional deepwater ports.
On November 25, 2002, the Maritime Transportation Security Act
(MTSA) of 2002 was signed into law. MTSA amended DWPA, which as enacted
in 1974 applied only to deepwater ports for oil, to cover natural gas
facilities as well. It also called for the development of implementing
regulations ``as soon as practicable,'' and authorized publication of a
temporary interim rule without regard to the usual public notice and
comment provisions of the Administrative Procedure Act.
The proposed rule published in the 2002 NPRM has now been revised
to reflect MTSA's amendment of DWPA to include natural gas facilities,
and to reflect public comments that we received in response to the
NPRM. We also changed many provisions taken from the 1999 OCS
Activities NPRM (see ``Related Rulemaking,'' above). We have tried to
align the rules for natural gas deepwater ports with existing rules for
facilities transferring (liquefied) natural gas (33 CFR part 127).
After MTSA's enactment, the Coast Guard and the Maritime
Administration (MARAD) received two applications for the licensing of
natural gas deepwater ports. As we announced in the Federal Register,
those applications (Port Pelican LLC Deepwater Port, 67 FR 79234, Dec.
27, 2002; El Paso Energy Bridge Gulf of Mexico, LLC Deepwater Port, 68
FR 3299, January 23, 2003) thus far have been processed using the
existing provisions of 33 CFR part 148 that govern the license
application process. With publication of this temporary interim rule,
we now will complete the processing of these two applications under the
revised provisions of part 148.
Applicable Standards
In the Deepwater Port Act's first three decades, only one deepwater
port was constructed. By contrast, in the first three months following
MTSA's amendment of DWPA, the Coast Guard became aware of about half a
dozen potential applicants, and two applications for natural gas
facilities were received within weeks of MTSA's enactment. In order to
fulfill MTSA's mandate to issue implementing regulations as soon as
practicable, we have sought to provide the public with a comprehensive
regulatory scheme at this time, even though that scheme will certainly
require fine-tuning as both government and industry acquire more
experience in addressing the issues posed by the growing interest in
deepwater ports.
One area in which we intend to refine these rules is in identifying
the industry standards or similar commonly accepted authorities that we
think provide deepwater port operators with adequate guidance for the
safe design, construction, and operation of their facilities. Our 2002
NPRM listed several such authorities and invited the public to suggest
others. Two commenters on that NPRM favored incorporation of industry
standards wherever possible. Similarly, rules that were proposed in the
1999 OCS Activities NPRM--to which the 2002 NPRM referred and on which
much of this new temporary interim rule's provisions are based--
liberally incorporated industry standards or other authorities.
The incorporation by reference of such industry standards is
attractive to industry and to regulators alike. However, it is not yet
clear whether standards mentioned in the earlier NPRMs are the best
guides for a deepwater port industry that soon could be dominated by
natural gas facilities, some of them unmanned.
Accordingly, in this temporary interim rule we have removed
references to industry standards in our regulatory text, and instead,
we have written into the regulations performance levels that we believe
deepwater ports must meet. Applicants and operators will need to
demonstrate the ability to maintain these prescribed levels. We are
[[Page 726]]
not ready to identify industry standards in the regulations that will
have the force of law for both regulators and the regulated public.
The Deepwater Port Modernization Act of 1996 was intended to
encourage flexibility and innovation and to avoid writing regulations
that fit the existing model for deepwater ports represented by the
Louisiana Offshore Oil Port (LOOP). DPMA supports detailing port-
specific requirements in the license or, as much as possible, in the
port's operations manual.
With rapid advances in technology, such as those now seen in the
offshore energy and transportation industry, new regulations may lag
and existing ones may not fully apply to proposed innovations. The
current situation is similar to one that existed 15 years ago when
tension leg platforms were introduced to access oil and gas on the U.S.
Outer Continental Shelf at previously unattainable water depths. At
that time industry submitted a design basis plan that the Coast Guard
reviewed and approved as the standards to be used for a particular
project. Now, applicants for deepwater port licenses have identified
proposed standards or a design basis plan within their applications.
The Coast Guard is identifying appropriate standards as part of the
application reviews and for inclusion in the final rule for deepwater
ports. In doing so, we will combine, to the extent practicable,
existing standards and regulations that have proven successful for
vessels, offshore structures, and onshore liquified natural gas (LNG)
import terminals.
In addition, several classification societies are developing guides
for offshore LNG terminals. We will work with them and other Federal
agencies having experience in various aspects of oil and LNG terminals
to determine the adequacy of these guides and other relevant standards
and regulations, such as NFPA 59A and 49 CFR part 193.
We invite your comments about standards that may be of value to the
Coast Guard and industry, and we may revise our final rule to
incorporate some of these standards by reference.
Also, in the event that we adopt an interpretive policy under which
specific industry standards are identified as beneficial in complying
with requirements of the temporary interim rule, we will publish a
notice in the Federal Register to call your attention to that policy.
Standards identified in that manner will not have the force of law, but
they should provide worthwhile guidance.
Old-to-New Reference Tables
This rulemaking amends 33 CFR parts 148, 149, and 150, which were
first issued in 1975. In revising those parts, we have found it
necessary to relocate some provisions and to eliminate others as
obsolete. In addition, this temporary interim rule draws upon proposed
regulatory text that first appeared in the 2002 Deepwater Ports NPRM
and in the 1999 OCS Activities NPRM (see ``Related Rulemaking,''
above), and relocates or eliminates much of that material as well.
Therefore, we have inserted the following tables to help you locate
related old and new provisions.
There are three tables:
Table 1 is arranged by ``new'' temporary interim rule section, and
lists the ``old'' sources from which the new provision is drawn,
whether that old parallel provision exists in the CFR rules that were
in force until publication of the temporary interim rule, or was
proposed in either the 2002 Deepwater Ports NPRM or the 1999 OCS
Activities NPRM. If a new provision is listed without an old parallel,
it has been added in this temporary interim rule for the first time,
for a reason explained in ``Discussion of Comments and Changes,''
below.
Table 2 is arranged by existing CFR section. These are ``old''
Coast Guard rules in force until the publication of this temporary
interim rule, with their ``new'' parallel provisions in the temporary
interim rule (as well as a middle column showing where the CFR section
was paralleled in either the 2002 Deepwater Ports NPRM or the 1999 OCS
Activities NPRM). If an old provision is listed without a new parallel,
it was eliminated from this temporary interim rule for a reason
explained in ``Discussion of Comments and Changes,'' below.
Table 3 is arranged by NPRM section. These are ``old'' sections
that were proposed either in the 2002 Deepwater Ports NPRM or as an
amendment to 33 CFR part 142 or part 143 in the 1999 OCS Activities
NPRM, with their ``new'' parallel provisions in the temporary interim
rule. If an old provision is listed without a new parallel, it was
eliminated from this temporary interim rule for a reason explained in
``Discussion of Comments and Changes,'' below.
Table 1.--Temporary Interim Rule (TIR) Sections to NPRM and CFR Sections
------------------------------------------------------------------------
It is derived from
If you are looking at the TIR the NPRM* at That was derived
cite-- proposed-- from 33 CFR--
------------------------------------------------------------------------
148.1........................... 148.1............. 148.1
148.2........................... 148.2............. 149.105, 150.103
148.3........................... 148.3 ..................
148.5........................... 148.5............. 148.3, 150.204,
150.303, 150.403
148.100......................... 148.100........... 148.101
148.105......................... 148.105........... 148.109
148.107......................... 148.107........... 148.109(z)
148.108......................... 148.108........... 148.109(z)(5)
148.110......................... 148.110........... 148.105
148.115......................... 148.115........... 148.103,
148.107(a), (b)
148.125......................... 148.125........... 148.107(c) through
(e)
148.200......................... 148.200........... 148.201
148.205......................... 148.205........... 148.205
148.207......................... 148.207........... 148.207
148.209......................... 148.209........... 148.211
148.211......................... 148.211........... 148.213
148.213......................... 148.213........... 148.215
148.215......................... 148.215........... 148.216
148.217......................... 148.217........... 148.217
148.221......................... 148.221........... 148.219
148.222......................... 148.222(a) and (b) 148.231
148.227......................... 148.227........... 148.235
148.228......................... 148.228........... 148.251
[[Page 727]]
148.230......................... 148.230........... 148.253, .283
148.232......................... 148.232........... 148.203(b), .287,
.291
148.234......................... 148.234........... 148.255
148.236......................... 148.236........... 148.257
148.238......................... 148.238........... 148.261
148.240......................... 148.240........... 148.263
148.242......................... 148.242........... 148.265
148.244......................... 148.244........... 148.267
148.246......................... 148.246........... 148.273(a) and (c)
148.248......................... 148.248........... 148.273(b)
148.250......................... 148.250........... 148.275
148.252......................... 148.252........... 148.281
148.254......................... 148.254........... 148.285
148.256......................... 148.256...........
148.276......................... 148.276........... 148.321(b)
148.277......................... 148.277........... 148.321(a)
148.279......................... 148.279........... 148.323
148.281......................... 148.281........... 148.325
148.283......................... 148.283........... 148.327
148.300......................... 148.300........... 148.400
148.305......................... 148.305........... 148.403
148.307......................... 148.307........... 148.407(a)
148.310......................... 148.310........... 148.405
148.315......................... 148.315
148.320......................... 148.320
148.400......................... 148.400........... 148.501
148.405......................... 148.405........... 148.503
148.410......................... 148.410........... 148.505
148.415......................... 148.415........... 148.507
148.420......................... 148.420........... 148.509
148.500......................... 148.500........... 148.601
148.505......................... 148.505........... 148.603
148.510......................... 148.510........... 148.605
148.515......................... 148.515........... 148.607
148.600......................... 148.610
148.605......................... 148.605........... 148.703
148.700, .702, .705, .707, .708, 148 Appendix A.... 148 Appendix A
.709, .710, .715, .720, .722,
.725, .730, .735, .737.
149.1........................... 149.1............. 149.101
149.5........................... 149.5 ..................
149.10.......................... 149.10
149.100......................... 149.100........... 149.301
149.103......................... 149.103........... 149.319
149.105......................... 149.105........... 149.303
149.110......................... 149.110........... 149.305
149.115......................... 149.115........... 149.307
149.120......................... 149.120........... 149.309
149.125......................... 149.125........... 149.311
149.130......................... 149.130........... 149.313
149.135......................... 149.135........... 149.315
149.140......................... 149.140........... 149.317
149.145......................... 149.145........... 149.403
149.150......................... 149.150........... 149.321
149.300......................... 149.300........... ..................
149.301 through 149.339......... 149.305 [which
references Sub
N** NPRM sections
143.810 through
143.885, and
143.910 through
143.925]
149.340......................... 149.310........... 149.402
149.400......................... 149.400
149.401......................... 149.405
149.402......................... 143.1010 [Sub N]
149.403, .404................... 149.430/143.1015 149.402
[Sub N].
149.405......................... 143.1020 [Sub N]
149.406......................... 143.1025 [Sub N]
149.407......................... 143.1026 [Sub N]
149.408......................... 143.1028 [Sub N]
149.409......................... 143.1029 [Sub N]
149.410......................... 143.1030 [Sub N]
149.411......................... 143.1035 [Sub N]
149.412......................... 143.1040 [Sub N]
149.413......................... 143.1045 [Sub N]
149.414......................... 143.1050 [Sub N]
[[Page 728]]
149.415......................... 149.410/143.1055 149.451
[Sub N].
149.416......................... 149.415........... 149.453
149.417......................... 149.420........... 149.457
149.418......................... 149.425(a)........ 149.467
149.419......................... New
149.420......................... 143.1060 [Sub N] ..................
149.421......................... 143.1061 [Sub N] ..................
149.422......................... 143.1062 [Sub N] ..................
149.423......................... 143.1135 [Sub N] ..................
149.424......................... New...............
149.500......................... 149.500........... 149.701
149.505......................... 149.505........... 149.705
149.510......................... 149.510........... 149.707
149.520......................... 149.520
149.535......................... 149.535........... 149.797
149.540......................... 149.540........... 149.751
149.550......................... 149.550........... 149.753
149.560......................... 149.560........... 149.771 and
149.772
149.565......................... 149.565........... 149.773
149.570......................... 149.570........... 149.791
149.575......................... 149.575........... 149.793
149.580......................... 149.580........... 149.795
149.585......................... 149.585........... 149.799
149.600......................... 149.600........... 149.201
149.610......................... 149.610........... 150.117
149.615......................... 149.615........... 149.203 (a) and
(b)
149.620......................... 149.620........... 149.203 (c) and
(d)
149.625......................... 149.625........... 149.205
149.630......................... 149.630........... ..................
149.640......................... 149.640........... 149.206
149.641......................... 143.1115 [Sub N].. ..................
149.642......................... 143.1115 [Sub N].. ..................
149.643......................... 143.1115 [Sub N].. ..................
149.644......................... 143.1115 [Sub N].. ..................
149.645......................... 143.1120 [Sub N].. ..................
149.646......................... 143.1120 [Sub N].. ..................
149.647......................... 143.1120 [Sub N].. ..................
149.650......................... 149.650........... 149.209 and
150.121
149.655......................... 149.655........... 149.213
149.660......................... 149.660........... 149.411
149.665......................... 149.665........... 149.541
149.670......................... 149.670........... 149.543
149.675......................... 149.675........... 149.545
149.680......................... 149.680........... 149.217 and
150.527
149.685......................... 149.685........... ..................
149.690......................... 149.690........... 149.421, .423,
.431, .433 and
.441
149.691......................... 143.1220 [Sub N] ..................
149.692......................... 143.1221 [Sub N] ..................
149.693......................... 143.1222 [Sub N] ..................
149.694......................... 143.1230 [Sub N] ..................
149.695......................... 143.1231 [Sub N] ..................
149.696......................... 143.1232 [Sub N]
149.697......................... 143.1235 [Sub N]
149.700......................... 149.695........... 149.539
150.1........................... 150.1............. 150.101
150.5........................... 150.5
150.10 (a)-(d).................. 150.10 (a)-(b).... 150.105 (a)-(b)
150.10 (e)...................... 150.10 (c)........ 150.109
150.15.......................... 150.15............ 150.105
150.20.......................... 150.20............ 150.106
150.25.......................... 150.25............ 150.107 (a)-(c)
150.30.......................... 150.30............ 150.107 (a)-(c)
150.35.......................... 150.35............ 150.107 (d)
150.40.......................... 150.40............ 150.113
150.45.......................... 150.45............ 150.115
150.50.......................... 150.50............ 150.129
150.100......................... 150.100 ..................
150.105......................... New............... [see Note 1]
150.110......................... New
150.200......................... 150.205
150.205......................... 150.210........... 150.203
150.210......................... 150.215........... 150.217
[[Page 729]]
150.225......................... 150.250........... ..................
150.300......................... 150.300........... 150.301
150.305......................... 150.305
150.310......................... 150.310........... 150.307
150.320......................... 150.320........... 150.309 (a) and
(b)
150.325......................... 150.325........... 150.333
150.330......................... 150.330........... 150.335
150.340......................... 150.340........... 150.337
150.345......................... 150.345........... 150.315
150.350......................... 150.350........... 150.338
150.355......................... 150.355........... 150.317, 150.339
150.380......................... 150.380........... 150.345
150.385......................... 150.385
150.400......................... 150.400........... 150.400
150.405......................... 150.405........... 150.405
150.420......................... 150.420........... 150.411
150.425......................... 150.425........... 150.413
150.430......................... 150.435........... 150.417
150.435......................... 150.440........... 150.423
150.440......................... 150.445........... 150.425
150.445......................... 150.447........... 150.421
150.500......................... 150.500........... 150.500
150.501......................... 150.505........... 150.503
150.502......................... 143.615 [Sub N]
150.503......................... 143.620 [Sub N] ..................
150.504......................... 143.625 [Sub N] ..................
150.505......................... 143.630 [Sub N] ..................
150.506......................... 143.635 [Sub N] ..................
150.507......................... 143.640 [Sub N] ..................
150.508......................... 143.645 [Sub N] ..................
150.509......................... 150.510 ..................
150.510......................... 143.710 [Sub N] ..................
150.511......................... 143.715 [Sub N] ..................
150.512......................... 143.720 [Sub N] ..................
150.513......................... 143.725 [Sub N] ..................
150.514......................... 143.730 [Sub N]
150.515......................... 143.735 [Sub N]
150.516......................... 143.740 [Sub N]
150.517......................... 143.745 [Sub N]
150.518......................... 143.765 [Sub N]
150.519......................... 143.760 [Sub N]
150.520......................... 143.750 [Sub N]
150.521......................... 143.755 [Sub N]
150.530......................... 150.515........... 150.504
150.531......................... 150.520........... 150.505
150.532......................... 150.525........... 150.507
150.540......................... 150.530........... 150.515
150.550......................... 150.535........... 150.517
150.555......................... New
150.600......................... 150.600........... 150.509
150.601......................... New
150.602......................... 142.20 [Sub N]
150.603......................... 142.25 [Sub N]
150.604......................... 142.30 [Sub N]
150.605......................... 142.35 [Sub N]
150.606......................... 142.40 [Sub N]
150.607......................... New
150.608......................... 142.110 [Sub N]
150.609......................... 142.115 [Sub N]
150.610......................... 142.120 [Sub N]
150.611......................... 142.125 [Sub N]
150.612......................... 142.130 [Sub N]
150.613......................... 142.235 [Sub N]
150.614......................... 142.140 [Sub N]
150.615......................... 142.215 [Sub N]
150.616......................... 142.220 [Sub N]
150.617......................... 142.225 [Sub N]
150.618......................... 142.150-.152/
142.180-.183 [Sub
N]
150.619......................... 142.155 [Sub N]
150.620......................... 142.245 [Sub N]
150.621......................... 142.260 [Sub N]
150.622......................... 142.285 [Sub N]
[[Page 730]]
150.623......................... Part 142 subpart D
[Sub N]
150.624......................... 142.185 [Sub N]
150.625......................... 142.410 [Sub N]
150.626......................... 142.415 [Sub N]
150.627......................... 142.420 [Sub N]
150.628......................... 142.425 [Sub N]
150.700......................... 150.700........... 150.601
150.705......................... 150.705........... 150.603
150.710......................... 150.710........... 150.605
150.715......................... 150.715........... 150.607
150.720......................... 150.720........... 150.611
150.800......................... 150.800........... 150.701
150.805......................... 150.805........... 150.703
150.810......................... 150.810........... 150.705
150.815......................... 150.815........... 150.711
150.820......................... 150.820........... 150.711
150.825......................... 150.825
150.830......................... 150.830
150.835......................... 150.835........... 150.713
150.840......................... 150.840........... 150.751
150.845......................... 150.845........... 150.753
150.850......................... 150.850........... 150.759
150.900......................... 150.900........... 150 Appendix A
150.905......................... 150.905........... 150 Appendix A
150.910......................... 150.910........... 150 Appendix A
150.915......................... 150.915........... 150 Appendix A
150.920......................... 150.920........... 147.30
150.925......................... 150.925........... 147.35
150.930......................... 150.930........... 147.105
------------------------------------------------------------------------
*Unless noted otherwise, ``NPRM'', notice of proposed rulemaking,
refers to the NPRM on Deepwater Ports (USCG-1998-3884).
** ``[Sub N]'' means the section listed was published in the NPRM on
OCS Activities (USCG-1998-3868).
Note 1: The advent of this section was discussed on page 37927 (in the
preamble only) of the NPRM on Deepwater Ports (USCG-1998-3884).
Table 2.--Prior CFR Sections to NPRM and TIR Sections
------------------------------------------------------------------------
It was found in
If the regulation is in 33 CFR-- the NPRM* at And it is now in
proposed-- the TIR at--
------------------------------------------------------------------------
148.1........................... 148.1............. 148.1
148.3........................... 148.5............. 148.5
148.101......................... 148.100........... 148.100
148.103......................... 148.115........... 148.115
148.105......................... 148.110........... 148.110
148.107(a) and (b).............. 148.115........... 148.115
148.107(c), (d), and (e)........ 148.125........... 148.125
148.109......................... 148.105........... 148.105
148.109(z)...................... 148.107........... 148.107
148.109(z)...................... 148.108........... 148.108
148.111
148.201......................... 148.200........... 148.200
148.203(b)...................... 148.232........... 148.232
148.205......................... 148.205........... 148.205
148.207......................... 148.207........... 148.207
148.211......................... 148.209........... 148.209
148.213......................... 148.211........... 148.211
148.215......................... 148.213........... 148.213
148.216......................... 148.215........... 148.215
148.217......................... 148.217........... 148.217
148.219......................... 148.221........... 148.221
148.231......................... 148.222(a) and (b) 148.222(a) and (b)
148.233......................... 148.222(c)........ 148.222(c)
148.235......................... 148.227........... 148.227
148.251......................... 148.228........... 148.228
148.253......................... 148.230........... 148.230
148.255......................... 148.234........... 148.234
148.257......................... 148.236........... 148.236
148.259......................... 148.232(a)........ 148.232(a)
148.261......................... 148.238........... 148.238
148.263......................... 148.240........... 148.240
148.265......................... 148.242........... 148.242
148.267......................... 148.244........... 148.244
[[Page 731]]
148.269......................... 148.232(a)........ 148.232(a)
148.271......................... 148.232(a)........ 148.232(a)
148.273(a) and (c).............. 148.246........... 148.246
148.273(b)...................... 148.248........... 148.248
148.275......................... 148.250........... 148.250
148.277......................... 148.232(a)........ 148.232(a)
148.279......................... 148.232(a)........ 148.232(a)
148.281......................... 148.252........... 148.252
148.283......................... 148.230........... 148.230
148.285......................... 148.254........... 148.254
148.287......................... 148.232........... 148.232
148.289......................... 148.232, .242..... 148.232, .242
148.291......................... 148.232(a)........ 148.232
148.321(a)...................... 148.277........... 148.277
148.321(b)...................... 148.276........... 148.276
148.323......................... 148.279........... 148.279
148.325......................... 148.281........... 148.281
148.327......................... 148.283........... 148.283
148.400......................... 148.300........... 148.300
148.403......................... 148.305........... 148.305, 148.307
148.405......................... 148.310........... 148.310
148.407......................... 148.277, .307..... 148.277, .307
148.501......................... 148.400........... 148.400
148.503......................... 148.405........... 148.405
148.505......................... 148.410........... 148.410
148.507......................... 148.415........... 148.415
148.509......................... 148.420........... 148.420
148.601......................... 148.500........... 148.500
148.603......................... 148.505........... 148.505
148.605......................... 148.510........... 148.510
148.607......................... 148.515........... 148.515
148.701......................... 148.600........... 148.600
148.703......................... 148.605........... 148.605
148 Appendix A.................. 148 Appendix A.... 148.700, .702,
.705, .707, .708,
.709, .710, .715,
.720, .722, .725,
.730, .735, .737
148 Annex A..................... 148 Annex A....... 148.730, .735,
.737
149.101......................... 149.1............. 149.1
149.105......................... 148.2............. 149.5
149.201......................... 149.600........... 149.600
149.203(a) through (c).......... 149.615........... 149.615
149.203(d)...................... 149.620........... 149.620
149.205......................... 149.625........... 149.625
149.206......................... 149.640........... 149.640
149.209......................... 149.650........... 149.650
149.211
149.213......................... 149.655........... 149.655
149.215
149.217......................... 149.680........... 149.680
149.301......................... 149.100........... 149.100
149.303......................... 149.105........... 149.105
149.305......................... 149.110........... 149.110
149.307......................... 149.115........... 149.115
149.309......................... 149.120........... 149.120
149.311......................... 149.125........... 149.125
149.313......................... 149.130........... 149.130
149.315......................... 149.135........... 149.135
149.317......................... 149.140........... 149.140
149.319......................... 149.103........... 149.103
149.321......................... 149.150........... 149.150
149.401......................... 150.15............ 150.15
149.402......................... 149.310 and 150.501
149.430.
149.403......................... 149.145........... 149.145
149.411......................... 149.660........... 149.660
149.421......................... 149.690........... 149.690
149.423......................... 149.690........... 149.690
149.431......................... 149.690........... 149.690
149.433......................... 149.690........... 149.690
149.441......................... 149.690........... 149.690
149.451......................... 149.410........... 149.415
149.453......................... 149.415(a) through 149.416
(c).
149.455......................... 149.415(d)........ 149.416(d)
149.457......................... 149.420(a) through 149.417
(c).
[[Page 732]]
149.459......................... 149.420(d)........ 149.417(a)
149.461......................... 149.420(e)........ 149.417(c)
149.463......................... 149.420(f)
149.465......................... 149.420(g)........ 149.417(e)
149.467......................... 149.425(a)........ 150.532
149.469......................... 149.425(b)
149.471......................... 149.425(c)
149 473......................... 149.425(d)
149.477......................... 149.425(e)
149.479
149.481......................... 149.405........... 149.401
149.483......................... 149.405........... 149.401
149.491......................... 149.405
149.501......................... 149.405
149.503......................... 149.405
149.505......................... 149.405
149.507......................... 149.405
149.511......................... 149.405........... 149.401
149.513......................... 149.405........... 149.421
149.515......................... 149.405........... 149.412
149.517......................... 149.405........... 149.411
149.521 through 149.537......... 149.305........... 149.301 through
.333
149.539......................... 149.695........... 149.700
149.541......................... 149.665........... 149.665
149.543......................... 149.670........... 149.670
149.545......................... 149.675........... 149.675
149.701......................... 149.500........... 149.500
149.703......................... 149.521........... 149.535
149.705......................... 149.505........... 149.520
149.707......................... 149.510........... 149.510
149.721......................... 150.715........... 150.715
149.723......................... 149.527
149.724......................... 149.520........... 149.520
149.725
149.727......................... 149.525........... 149.520
149.729
149.751......................... 149.540........... 149.540
149.753......................... 149.550........... 149.550
149.755(a) and (b).............. 149.531(a) and (b)
149.755(c)...................... 149.555(a) and (b)
149.757(a)...................... 149.531(c)
149.757(b)...................... 149.545(a)(3)
149.757(c)...................... 149.555(c)........ 149.550
149.759......................... 149.533
149.771
149.773......................... 149.560........... 149.560
149.775......................... 149.565........... 149.565
149.791......................... 149.570........... 149.570
149.793......................... 149.575........... 149.575
149.795......................... 149.580........... 149.580
149.797......................... 149.535........... 149.535
149.799......................... 149.585........... 149.585
150.101......................... 150.1............. 150.1
150.103......................... 148.2............. 148.2
150.105......................... 150.10............ 150.10
150.106......................... 150.20............ 150.20
150.107(a)-(c).................. 150.25............ 150.25
150.107(d)...................... 150.35............ 150.35
150.109......................... 150.10............ 150.10(e)
150.113......................... 150.40............ 150.40
150.115......................... 150.45............ 150.45
150.117
150.119......................... .................. 150.110
150.121
150.123
150.125
150.127......................... 150.15............ 150.15
150.129......................... 150.50............ 150.50
150.201......................... 150.200
150.203......................... 150.210........... 150.205
150.204......................... 148.5............. 148.5
150.205......................... 150.220
[[Page 733]]
150.207......................... 150.225
150.209......................... 150.230
150.211......................... 150.235
150.213......................... 150.240
150.215......................... 150.245
150.217......................... 150.215........... 150.210
150.301......................... 150.300........... 150.300
150.303......................... 148.5............. 148.5
150.305......................... 150.15............ 150.15
150.307......................... 150.310........... 150.310
150.309 (a) and (b)............. 150.320........... 150.320
150.309 (c)..................... 150.365........... 150.320
150.311......................... .................. 150.15
150.313......................... .................. 150.340
150.315......................... 150.345........... 150.345
150.317......................... 150.355........... 150.355
150.333......................... 150.325........... 150.325
150.335......................... 150.330........... 150.330
150.337......................... 150.340........... 150.340
150.338......................... 150.350........... 150.350
150.339......................... 150.355........... 150.355
150.341......................... 150.370
150.342......................... 150.375
150.345......................... 150.380........... 150.380
150.400......................... 150.400........... 150.400
150.403......................... 148.5............. 148.5
150.405......................... 150.405........... 150.405
150.407
150.409
150.411......................... 150.420........... 150.420
150.413......................... 150.425........... 150.425
150.415......................... 150.430
150.417......................... 150.435........... 150.430
150.419
150.421......................... 150.447........... 150.445
150.423......................... 150.440........... 150.435
150.425......................... 150.445........... 150.440
150.500......................... 150.500........... 150.500
150.503......................... 150.505........... 150.501
150.504......................... 150.515........... 150.530
150.505......................... 150.520........... 150.531
150.507......................... 150.525........... 150.532
150.509......................... 150.600........... 150.540
150.511......................... 150.600........... 150.550
150.513
150.515......................... 150.530........... 150.540
150.516......................... .................. 150.600
150.517......................... 150.535........... 150.550
150.519
150.521
150.523
150.525......................... 150.600........... 150.600
150.527......................... 149.680........... 149.680
150.601......................... 150.700........... 150.700
150.603......................... 150.705........... 150.705
150.605......................... 150.710........... 150.710
150.607......................... 150.715........... 150.715
150.611......................... 150.720........... 150.720
150.701......................... 150.800........... 150.800
150.703......................... 150.805........... 150.805
150.705......................... 150.810........... 150.810
150.707
150.711......................... 150.815, .820..... 150.815, .820
150.713......................... 150.835........... 150.835
150.751......................... 150.840........... 150.840
150.753......................... 150.845........... 150.845
150.755
150.757
150.759......................... 150.850........... 150.850
150 Appendix A.................. 150.900 through 150.900 through
150.915. .930
150 Annex A..................... 150.935........... 150.905
------------------------------------------------------------------------
*Unless noted otherwise, ``NPRM'', notice of proposed rulemaking, refers
to USCG-1998-3884.
[[Page 734]]
Table 3.--NPRM Sections to TIR Sections
------------------------------------------------------------------------
The regulation in the NPRM* at section--
Is now in the TIR at section--
------------------------------------------------------------------------
148.1.................................. 148.1
148.2.................................. 148.2
148.3.................................. 148.3
148.5.................................. 148.5
148.10 ...............................
148.100................................ 148.100
148.105................................ 148.105
148.107................................ 148.107
148.108................................ 148.108
148.110................................ 148.110
148.115................................ 148.115
148.125................................ 148.125
148.200................................ 148.200
148.203................................ ...............................
148.205................................ 148.205
148.207................................ 148.207
148.209................................ 148.209
148.211................................ 148.211
148.213................................ 148.213
148.215................................ 148.215
148.217................................ 148.217
148.221................................ 148.221
148.222................................ 148.222
148.227................................ 148.227
148.228................................ 148.228
148.230................................ 148.230
148.232................................ 148.232
148.234................................ 148.234
148.236................................ 148.236
148.238................................ 148.238
148.240................................ 148.240
148.242................................ 148.242
148.244................................ 148.244
148.246................................ 148.246
148.248................................ 148.248
148.250................................ 148.250
148.252................................ 148.252
148.254................................ 148.254
148.256................................ 148.256
148.276................................ 148.276
148.277................................ 148.277
148.279................................ 148.279
148.281................................ 148.281
148.283................................ 148.283
148.300................................ 148.300
148.305................................ 148.305
148.307................................ 148.307
148.310................................ 148.310
148.315................................ 148.315
148.320................................ 148.320
148.400................................ 148.400
148.405................................ 148.405
148.410................................ 148.410
148.415................................ 148.415
148.420................................ 148.420
148.500................................ 148.500
148.505................................ 148.505
148.510................................ 148.510
148.515................................ 148.515
148.600................................ 148.600
148.605................................ 148.605
148.610................................ ...............................
148 Appendix A......................... 148.700, .702, .705, .707,
.708, .709, .710, .715, .720,
.722, .725, .730, .735, .737
148 Annex A............................ 148.730, .735, .737
149.1.................................. 149.1
149.5.................................. 149.5
149.10................................. 149.10
149.100................................ 149.100
149.105................................ 149.105
149.110................................ 149.110
149.115................................ 149.115
149.120................................ 149.120
149.125................................ 149.125
149.130................................ 149.130
149.135................................ 149.135
149.140................................ 149.140
149.145................................ 149.145
149.150................................ 149.150
149.300................................ 149.300
149.305................................ 149.301 through 149.339
149.310................................ ...............................
149.400................................ 149.400
149.405................................ 149.401
149.410................................ 149.415
149.415................................ 149.416
149.420................................ 149.417
149.425................................ 149.418
150.430................................ ...............................
149.500................................ 150.500
149.505................................ 149.505
149.510................................ 149.510
149.520................................ 149.520
149.521................................ ...............................
149.523................................ ...............................
149.525................................ ...............................
149.527................................ ...............................
149.530................................ ...............................
149.531................................ ...............................
149.533................................ ...............................
149.535................................ 149.535
149.540................................ 149.540
149.545................................ ...............................
149.550................................ 149.550
149.555................................ ...............................
149.560................................ 149.560
149.565................................ 149.565
149.570................................ 149.570
149.575................................ 149.575
149.580................................ 149.580
149.535................................ 149.535
149.585................................ 149.585
149.600................................ 149.600
149.610................................ 149.610
149.615................................ 149.615
149.620................................ 149.620
149.625................................ 149.625
149.630................................ 149.630
149.640................................ 149.640
149.650................................ 149.650
149.655................................ 149.655
149.660................................ 149.660
149.665................................ 149.665
149.670................................ 149.670
149.675................................ 149.675
149.680................................ 149.680
149.685................................ 149.685
149.690................................ 149.690
149.695................................ 149.700
150.1.................................. 150.1
150.5.................................. 150.5
150.10................................. 150.10
150.15................................. 150.15
150.20................................. 150.20
150.25................................. 150.25
150.30................................. 150.30
150.35................................. 150.35
150.40................................. 150.40
150.45................................. 150.45
150.50................................. 150.50
150.100................................ 150.100
150.200
150.205................................ 150.200
150.210................................ 150.205
150.215................................ 150.210
150.220
150.225
150.230
150.235
150.240
150.245
150.250................................ 150.250
150.300................................ 150.300
150.310................................ 150.310
150.320................................ 150.320
150.325................................ 150.325
150.330................................ 150.330
150.340................................ 150.340
150.345................................ 150.345
150.350................................ 150.350
150.355................................ 150.355
150.365................................ 150.320
150.370
150.375................................ ...............................
150.380................................ 150.380
150.400................................ 150.400
150.405................................ 150.405
150.420................................ 150.420
150.425................................ 150.425
150.430
150.435................................ 150.430
150.440................................ 150.435
150.445................................ 150.440
150.447................................ 150.445
150.500................................ 150.500
150.505................................ 150.501
150.510................................ 150.509
150.515................................ 150.530
150.520................................ 150.531
150.525................................ 150.532
150.530................................ 150.540
150.535................................ 150.550
150.600................................ 150.601
150.700................................ 150.700
150.705................................ 150.705
150.710................................ 150.710
150.715................................ 150.715
150.720................................ 150.720
150.800................................ 150.800
150.805................................ 150.805
150.810................................ 150.810
150.815................................ 150.815
150.820................................ 150.820
150.825................................ 150.825
150.830................................ 150.830
150.835................................ 150.835
150.840................................ 150.840
150.845................................ 150.845
150.850................................ 150.850
150.900................................ 150.900
150.905................................ 150.905
150.910................................ 150.910
150.915................................ 150.915
150.920................................ 150.920
150.925................................ 150.925
[[Page 735]]
150.930................................ 150.930
150.935
------------------------------------------------------------------------
*Unless noted otherwise, ``NPRM'', notice of proposed rulemaking, refers
to USCG-1998-3884.
Discussion of Comments and Changes
In the following pages we discuss public comments received on our
2002 NPRM as well as other significant changes made to the regulatory
text since that NPRM was published. This discussion begins with a
review of general comments and then moves sequentially through the
three parts of Title 33, Code of Federal Regulations (parts 148, 149,
and 150) that are amended by this rulemaking. The section designations
match those that you will see in the regulatory text that follows this
preamble. In many cases, those designations have changed since the 2002
NPRM. In addition, the temporary interim rule incorporates provisions
that appeared in the 1999 OCS Activities NPRM (see ``Related
Rulemaking,'' above) and that were proposed as amendments to parts 142
and 143 of title 33. Finally, you may wish to compare the text of parts
148, 149, or 150 that were effective prior to this temporary interim
rule. To move between ``old'' provisions and their ``new'' parallels,
or vice versa, use the three tables appearing under ``Old-to-New
Reference Tables,'' above.
Many sections of the temporary interim rule have been changed for
one or more of the following reasons:
[sbull] The change is not substantive--in this category we include
changes made merely to reflect the Coast Guard's transfer to the new
Department of Homeland Security, conversion of English or metric
measurements and elimination of imprecise equivalents for those
measurements, and changes that provide updated information without
imposing any new legal requirement;
[sbull] We amended the section to accommodate the legislative
addition of natural gas deepwater ports; or
[sbull] We added the section in order to describe in detail
requirements in the NPRM that were only incorporated by reference to
the OCS Activities NPRM.
In these cases, we do not specifically discuss the section below,
unless there is some additional reason for doing so.
One noticeable but nonsubstantive change from the 2002 NPRM is the
temporary interim rule's omission of Appendix A to part 148. In the
2002 NPRM, Appendix A contained updated environmental review criteria
for deepwater ports. These provisions are regulatory in nature and we
consider it more appropriate to designate them as such. Updated
environmental review criteria, therefore, now appear as subpart G in
part 148 (Sec. 148.700 et seq.).
We received comments from 9 commenters during the public comment
period. A 10th commenter submitted comments largely concerned with
natural gas issues, but not until several months after the close of the
comment period. The 10th commenter's comments have been docketed (USCG-
1998-3884-19), but they have not been considered in the drafting of
this temporary interim rule.
General comments: Two commenters asked us to complete this
rulemaking as quickly as possible. One commenter asked if we would
``grandfather'' this temporary interim rule so that existing deepwater
ports would have time to comply with its requirements. Because we
consider the sole existing deepwater port to be in compliance with this
temporary interim rule, there is no need for grandfathering.
Specific comments: The following comments related to specific
portions of the regulatory text.
Sec. 148.5. One commenter asked us to define ``hydrographic
survey'' and to distinguish ``engineering hydrographic survey'' from
``reconnaissance hydrographic survey.'' We have added or clarified
these definitions. This commenter also asked us to reinstate the
definition of ``marine site,'' which we have done because it addresses
information independent of, but complementary to, the definition of a
deepwater port. A second commenter asked us to add a definition of
``oil residue.'' In light of our removal of Sec. 149.150, this request
is no longer relevant.
Two commenters on the 1999 OCS Activities NPRM offered their views
on the definition of ``confined space'' that now appears in this
section. One commenter suggested that we reword the definition to make
clear that a space ``not designed for continuous occupancy'' means a
space ``not designed for continuous routine occupancy.'' The commenter
said that ``continuous'' implies that occupancy must be uninterrupted,
while ``continuous routine'' suggests that occupancy can be
interrupted. The commenter said that, therefore, spaces like closets or
storerooms, which are routinely but not uninterruptedly occupied, could
be treated as ``confined spaces.'' We believe ``continuous occupancy''
better expresses our intent and have not modified this definition. The
second commenter offered a different definition of ``confined space''
based on the industry standard ANSI Z117.1-1995(1). Aside from
recommending this industry standard as guidance for confined space
entry requirements, this commenter did not explain why the ANSI
definition is superior to the one we proposed. As we explain in
``Applicable Standards,'' above, we are not ready at this time to adopt
industry standards. We see no reason at this time to change our
definition of ``confined space.''
We also made the following changes: We redefined ``citizen of the
United States'' and ``person'' to more closely match definitions used
in DWPA; we added definitions of ``area to be avoided,'' ``no anchoring
area,'' ``operator,'' and ``routing measures''; and we deleted ``PAD
District'' because the Department of Energy no longer requires
deepwater port operators to furnish information associated with that
term.
Finally, we added a definition of ``Maritime Administration (or
MARAD)'' because our rule frequently refers to that agency. We
considered using the term ``licensing authority'' instead, to avoid
confusion between the Secretary of Transportation and the Maritime
Administration (MARAD). DWPA vests deepwater port licensing authority
in the Secretary. MARAD currently exercises that authority under a
delegation from the Secretary. While it might be technically more
correct to use a neutral term like ``licensing authority,'' we have
chosen to retain references to MARAD since they more directly describe
the current procedure and can be easily changed should the Secretary
ever change this delegation.
Sec. 148.10. We deleted this section (concerning incorporation of
industry standards) that appeared in the NPRM. See the discussion under
``Applicable Standards'' above.
Sec. 148.105. Several commenters asked that we allow preliminary
submission of an outline or concept of operations in lieu of a detailed
draft operations manual. We have amended this section to allow
submission of an operations manual outline. A detailed operations
manual will still need Coast Guard approval before a deepwater port
begins operations.
Sec. 148.105(a)(5). One commenter recommended that we narrow the
information required by this paragraph so that outstanding litigation
need be disclosed only if it is directly related to bankruptcy
proceedings or violation of Federal or State laws. We agree and
[[Page 736]]
have amended the paragraph accordingly.
Sec. 148.105 (b). One commenter said we should require information
about affiliates and engineering firms only if they are involved in the
design or construction of the port. We agree and have revised this
paragraph accordingly.
Sec. 148.105(d). We have revised this paragraph extensively in
order to clarify what is required to show United States citizenship
under DWPA, and to reflect the popularity of new forms of business
organization such as the limited liability company.
Sec. 148.105(g)(1). One commenter suggested a 3 percent threshold
for affiliates. To reduce the regulatory burden on applicants, we
revised this paragraph so that applicants need list only partners who
have a substantial ownership interest, and affiliates who are
contractually interested in the deepwater port. We added alternative
compliance provisions relating to affiliate financial information.
Sec. 148.105(g)(2). One commenter said the application's overall
site plan should address the decommissioning and removal of the
facility. We think each applicant will have some plan for
decommissioning and removal, in order to meet this paragraph's
requirement for a detailed cost estimate for removal, and that this is
sufficient for licensing purposes. An operator's final plan for
decommissioning and removal would have to comply with legal
requirements in effect at that time.
Sec. 148.105(g)(4). Three commenters recommended deleting the
requirement that an applicant demonstrate the financial viability of
its projects by submitting throughput and financial projections,
arguing that the value of these projections would be outweighed by the
competitive disadvantage at which an applicant could be put by
publishing these projections. We have retained the requirement because
this is essential information that is necessary and appropriate within
the meaning of 33 U.S.C. 1504.
Sec. 148.105(g)(5). One commenter recommended eliminating the
requirement for estimates of future refinery capacity, runs to the
stills, and refinery product demand. We agree that much of the required
data is no longer needed, because competition concerns envisioned when
DWPA was originally enacted never materialized. We have revised this
paragraph accordingly. Another commenter said certain requirements for
data on onshore components were more financial than technical in nature
and should either be eliminated or combined with other requirements for
financial data. We have retained the requirements but transferred them
to this paragraph.
Sec. 148.105(h). One commenter asked us to align the information
requirements for facility contractors with those for design firms. We
agree that our need for information about contractors and designers is
similar, so we have amended this paragraph accordingly. This commenter
also said we should defer the required submission of a final contract,
perhaps until after a license is issued. While some contracts may not
be final when the application is submitted, generally licenses should
be issued only after all information is provided. In extenuating
circumstances, MARAD may grant a conditional license. Finally, this
commenter asked us to restrict the ``other studies'' required by
(h)(2)(ii) to ``construction-related'' studies, and we have revised
that paragraph accordingly.
Sec. 148.105(i). One commenter asked us to align this paragraph,
regarding compliance with the Federal Water Pollution Control Act, with
148.105(z), concerning the processing of an application for which
complete National Pollution Discharge Elimination System information is
unavailable. We have revised this paragraph accordingly.
Sec. 148.105(i)(2). One commenter said the applicant should
include all requests for required certifications with its application,
to further the DWPA goal of a coordinated Federal mechanism for all
certifications. We have amended this paragraph to clarify that the
applicant must include a copy of its request for certification, in
cases where actual certification has not yet been granted. Where the
appropriate coordinating agency does not issue an actual certificate,
it will conduct a formal review and recommend action to the Coast Guard
and MARAD. Applicants may wish to work directly with coordinating
agencies in conjunction with the Coast Guard and MARAD.
Sec. 148.105(m). One commenter requested more guidance as to the
scope and purpose of a ``reconnaissance hydrographic survey,'' and
another commenter asked us to limit the reconnaissance survey to basic
information. We have revised this paragraph accordingly.
Sec. 148.105(n). One commenter suggested that collection of soil
samples be restricted to areas seaward of the high water mark. We have
declined to insert that restriction, because the National Environmental
Policy Act requires the deepwater port environmental assessment to
consider the onshore implications of actions ``connected'' to
construction or operation of the port itself. Two commenters asked us
to allow the use of existing environmental studies in areas where the
data sources are credible, reliable, and meet Coast Guard and
Environmental Protection Agency (EPA) requirements for site-specific
environmental analysis. We have amended this paragraph accordingly. We
also define when existing surveys need to be supplemented by new data
collection.
Sec. 148.105(o). One commenter said applicants should submit
archeological data with their applications. We agree and added this
paragraph accordingly. Applicants may wish to coordinate their work in
this area with the EPA and the Minerals Management Service (MMS).
Sec. 148.105(r). One commenter said that site-specific, detailed
information should not be required with the application, but only prior
to deepwater port start-up. We have revised this paragraph to allow
applicants to address the details of compliance in the operations
manual. We permit minor modifications or deviation from the original
design after submission of the application, but we will not permit
revisions that potentially affect the project's environmental analysis
or the status of the application.
Sec. 148.105(s). We revised this paragraph to delete the
requirement to provide design and evaluation studies. We had previously
deleted a similar requirement for floating components.
Sec. 148.105(t). One commenter said that the required data for
onshore components could put applicants at a competitive disadvantage
by requiring them to disclose their plans for securing transportation
and storage. Another commenter said our requirements for throughput
information were onerous and overbroad and arose from historical
competition concerns that did not materialize. We have revised this
paragraph, eliminating many requirements that appeared in the NPRM.
These revisions should meet both commenters' objections.
Sec. 148.105(u). One commenter said we should eliminate the
support vessel requirements of (u)(3) and (u)(4) because these
requirements are already addressed in the operations manual. This is
essential information and therefore we continue to require it to be
addressed, briefly, in the application.
Sec. 148.105(w). One commenter said that the draft operations
manual should be submitted at least one year prior to port start-up,
but should not be required with the application because meaningful
information is available only later. We believe a draft manual that
demonstrates the applicant's ability
[[Page 737]]
to operate its proposed port safely and effectively is an indispensable
element of the application process and can be supplemented as
information changes. We think this paragraph, as revised, furnishes
adequate guidance so that preparation of the draft manual will be a
meaningful exercise for the applicant. Another commenter said an
applicant should be allowed to show sufficient competence and
experience to manage a deepwater port by demonstrating knowledge of MMS
regulations for OCS structures. We agree and have amended this
paragraph accordingly.
Sec. 148.105(x). One commenter said that the environmental review
criteria should consider air quality and incorporate relevant
environmental statutes from adjacent coastal States. We think this
paragraph and subpart G adequately reflect the applicant's need to
describe how it will comply with all applicable environmental laws,
including those related to air quality. The same commenter recommended
a 10,000-year return period for evaluating the imposition of
environmental loads, and requiring periodic reviews of assumptions used
in the applicant's analysis. We think a 100-year return period conforms
to international standards, and that 33 CFR part 148, subpart G
provides the applicant with proper guidance for conducting its
analysis. Two other commenters said we should allow the use of existing
environmental studies in areas where the data sources are credible,
reliable, and meet Coast Guard and Environmental Protection Agency
(EPA) requirements for site-specific environmental analysis. We amended
this paragraph accordingly. We define when existing surveys need to be
supplemented by new data collection.
Sec. 148.107. Three commenters asked us to eliminate duplicative
or obsolete antitrust-oriented language related to document filing,
which we have done.
Sec. 148.108. One commenter asked us to consider costs and timing
before complying with another agency's request for additional
information. We have amended this section accordingly.
Sec. 148.110. One commenter said an applicant should be allowed to
request advance environmental scoping meetings with relevant agencies.
We have reworded this section to emphasize that anyone can consult with
the Coast Guard about the requirements of this subchapter, including
its environmental requirements; MARAD may also be available for such
consultation. This commenter also recommended letting applicants
coordinate the preparation and review of applications through memoranda
of understanding with relevant agencies or similar mechanisms. In this
section, we encourage applicants to confer with the Coast Guard and
MARAD. We do not think a more formal mechanism is needed.
Sec. 148.115. We have reduced, from 15 to 6, the initial required
number of printed copies of the application. Applications now must be
sent in electronic format as well. This eases the paperwork burden on
applicants, and recognizes the modern availability of electronic media.
Additional print copies must still be supplied upon the request of a
relevant agency. Our current best guess is that as many as 30 print
copies may be requested, but the regulation contains no upper limit on
this figure.
Sec. 148.125. Two commenters objected to the increased application
fee and asked for controls on the amount of additional costs that can
be assessed. We explained the rationale for raising the fee in the 2002
NPRM. We have amended this section to provide that applicants will
receive periodic information about the costs of processing their
applications.
Sec. 148.207. One commenter said we should make the publicly
available documents for any deepwater port application available to the
public through the Department of Transportation's Docket Management
Facility. That is our current practice, which we expect to continue,
either through the Docket Management Facility or some similar service.
Should such a service become unavailable, the Coast Guard would still
maintain its official docket and make it available for public
inspection in accordance with this section.
Sec. 148.209. We added language specifying the key Federal and
State agencies that receive copies of the application.
Sec. 148.211. We revised this section in conformance with changes
we made to 148.115 (initial filings).
Sec. 148.215. We added language requiring the applicant to
estimate the economic impact on a connected port that may be planning
to deepen its draft channels.
Sec. Sec. 148.276 and 148.277. One commenter recommended
referencing DWPA's timeline for processing license applications, in
order to emphasize the need for prompt action. We have amended these
sections accordingly.
Sec. 148.279. We revised this section to eliminate possible
confusion with the statutory requirements for issuing a deepwater port
license, which are found in 33 U.S.C. 1503.
Sec. 148.305. One commenter said that we should allow the COTP to
interpret and approve adjustments to operations manuals. We have
revised this section, which is informational in nature, to refer
readers to DWPA, which governs licensing. The actual license is issued
by MARAD, whose rules and procedures can be consulted for further
information.
Sec. 148.307. We deleted a reference to the Administrator of MARAD
because the Coast Guard cannot make a rule for that agency. This does
not imply a change in MARAD's policy of consulting with applicants.
Sec. 148.415. One commenter expressed support for our decision to
delete the preliminary report requirement from this section.
Sec. 148.610. A section with this designation appeared in the 2002
NPRM. It specified the limit of liability for the one existing
deepwater port, the Louisiana Offshore Oil Platform (LOOP). One
commenter asked us to explain how LOOP's financial liability cap was
determined and how the liability cap for future oil deepwater ports
will be determined. Determination of LOOP's cap is discussed in the
Federal Register at 60 FR 39849 (August 4, 1995). The Secretary's
authority under 33 U.S.C. 2704(d)(2) to modify the statutory $350
million limit of liability for deepwater ports has been delegated to
the Coast Guard. We have deleted this section from the temporary
interim rule because it has no general applicability and was included
only for informational purposes.
Subpart G (Sec. 148.700 et seq.). As explained earlier, this
subpart contains material that formerly appeared as Appendix A to part
148. We believe the regulatory nature of much of this material is
clarified by placing it in the textual body of part 148.
Sec. 148.702. One commenter asked for clarification of the
criteria used in a Phase I determination under Appendix A. In this
revised subpart, we no longer use the Phase I and Phase II terminology
of former Appendix A.
Sec. 148.707. One commenter asked us to require tankers to use
low-sulfur fuel, and also said we should take regional air quality into
account. We think this section, which is informational in nature,
correctly expresses the environmental criteria contained in DWPA and
allows for a balanced assessment of a proposed port's environmental
impact.
Sec. 148.720. One commenter recommended that construction be
allowed even in areas with high pollutant or hazardous material levels,
if the applicant shows some good cause
[[Page 738]]
and demonstrates its ability to minimize adverse environmental impacts.
This would not provide adequate protection against risks to the local
ecosystem, so we continue to require applicants to identify viable
alternative locations for proposed ports.
Sec. 148.730. One commenter said former Appendix A was overbroad
in how it discouraged conflict with existing or planned land use, and
said we should limit our scope to conflicts that adversely affect the
environment. As revised, this section contains no absolutes, but
evaluates proposals on how well they accord with existing or planned
land use.
Sec. 149.1. One commenter said this part should require each
deepwater port to be equipped with an Automatic Identification System
(AIS). The commenter provided no rationale. At this time we see no need
to mandate the use of AIS for deepwater ports.
Sec. 149.10. We revised this section to refer applicants to the
Coast Guard Website for approved equipment and to refer to the Marine
Safety Center's approval of engineering equipment.
Sec. 149.15. We added this section to inform applicants and
licensees of their responsibilities when considering changes to a port.
Sec. 149.103. One commenter recommended removing requirements for
discharge containment and removal equipment, since these are addressed
in facility response plans. We agree and have amended this section
accordingly.
Sec. 149.125. We expanded this section to account for natural gas
facilities and provide further guidance.
Sec. 149.130. We added paragraph (c) to account for the
possibility of an unmanned port.
Sec. 149.140. We added paragraph (b) to account for the
possibility of an unmanned port.
Sec. 149.150. Two commenters addressed this section concerning
receipt of vessel oil residues. One commenter recommended deleting the
section or conforming it to former 33 CFR 149.321. The second commenter
said a port should be capable of receiving oil residues from all
vessels servicing it and that no waivers should be granted. We have
removed this section because it is unnecessary in light of the
promulgation of 33 CFR part 158 (Reception Facilities for Oil, Noxious
Liquid Substances, and Garbage) in 1987. Waivers and alternatives are
allowed under part 158; see 33 CFR 158.150.
Subpart C (Sec. 149.300 et seq.). As noted earlier, we revised
this subpart by setting out in detail provisions, originally developed
for the 1999 OCS Activities NPRM, that were only cross-referenced in
the 2002 Deepwater Ports NPRM.
Sec. 149.304. In the 2002 Deepwater Ports NPRM we authorized the
use of lifefloats as survival craft for deepwater ports. After further
review, we have removed reference to lifefloats from this temporary
interim rule because we find them unsuitable in terms of seaworthiness
and personnel protection from the elements to operate in an exposed
offshore environment.
Sec. 149.310. One commenter on the 1999 OCS Activities NPRM said
the forerunner to this section improperly regulated workers rather than
operators. Our revision of this section to make it less prescriptive
eliminated the objectionable language.
Sec. 149.313. We modified this section as it appeared in the 1999
OCS Activities NPRM, to clarify that survival craft must be adequate to
accommodate all persons authorized to berth on the facility, and to
require craft to be located near the berthing area.
Sec. 149.314. One commenter said rescue boats should not need to
meet SOLAS standards. We do not agree. Rescue boats need Coast Guard
approval under approval series 160.156, and such boats meet SOLAS
requirements. Deepwater ports (oil or natural gas) are located in
exposed offshore locations where open and/or non-motorized boats
approved under approval series 160.056 are not suitable, under 46 CFR
160.056.
Sec. 149.330. One commenter on the 1999 OCS Activities NPRM said
that the forerunner to this section required ``consequential'' revision
of another section, and said that the forerunner language improperly
regulated workers rather than operators. We have revised this section
to clarify that it is the operator who is regulated. Other revisions
intended to make the temporary interim rule less prescriptive have
eliminated the need for the requested consequential action. Another
commenter on the 1999 NPRM said that in some circumstances deck suits
provide better protection than work vests. The revised section allows
the use of deck suits.
Subpart D (Sec. 149.400 et seq.). As noted earlier, we revised
this subpart by setting out in detail provisions, originally developed
for the 1999 OCS Activities NPRM, that were only cross-referenced in
the 2002 Deepwater Ports NPRM.
Sec. 149.402. One commenter said Coast Guard approval for optional
firefighting and lifesaving equipment is unnecessary if the equipment
complies with industry standards. As explained previously, we are not
ready to incorporate industry standards in this temporary interim rule.
It is long-standing Coast Guard practice to inspect critical equipment
designed to provide personnel safety, whether that equipment is
optional or required. In an emergency, optional equipment may be used,
in which case it must perform to the same standards as required
equipment. We also restructured the section for better clarity.
Sec. 149.411. Two commenters on the 1999 OCS Activities NPRM
referred to the forerunner of this section. One made no specific
comment and the other said there is no need for firemen outfits since
we do not require personnel to stay and fight fires. While there are
some situations in which it will be inadvisable to stay and fight a
fire, there will be other times when firefighting makes sense, and in
those cases firefighters should be properly outfitted. We have revised
the section, however, by eliminating details in favor of a cross
reference to 46 CFR 108.497.
Sec. 149.412. One commenter on the 1999 OCS Activities NPRM
referred to the forerunner of this section, and said that requiring
fire axes makes sense only if we require personnel to stay and fight
fires, which we do not. While there are some situations in which it
will be inadvisable to stay and fight a fire, there will be other times
when firefighting makes sense, and in those cases firefighters should
be properly equipped.
Sec. 149.413. Two commenters on the 1999 OCS Activities NPRM
referred to the forerunner of this section. One said we should not
require systems to be approved, because the Coast Guard has no system
approval process. This is not correct. Fire extinguishing equipment is
approved by the Coast Guard under its ``approval series'' process, e.g.
approval series 162.036 for fixed carbon dioxide fire extinguishing
systems and approval series 162.162 for engineered inert gas fire
extinguishing systems. This commenter also said that fixed systems to
cover smaller galley ranges would be overkill and that we should set a
minimum size in paragraph (b). We think ranges of any size pose a
hazard that should be addressed by a fixed system and therefore we are
retaining this requirement. The second commenter implied that we should
include references to fire protection requirements for crude oil and
flammable liquids with low flash points. We believe the section as
revised provides adequate guidance, but applicants can consult with the
Coast Guard if they need additional information about protection
against specific hazards.
[[Page 739]]
Sec. 149.415. We revised this section in keeping with our overall
approach in this temporary interim rule, aligning manned deepwater port
fire main system requirements with the 46 CFR part 108 requirements for
such systems on mobile offshore drilling units.
Sec. 149.418. We revised this section in keeping with our overall
approach in this temporary interim rule, removing several prescriptive
elements contained in the 1999 OCS Activities NPRM.
Sec. 149.419. One commenter on the 1999 OCS Activities NPRM asked
us to allow chemical firefighting systems in addition to water-based
systems. We agree that chemical firefighting systems are important and
have added this section, which mandates dry chemical systems.
Sec. Sec. 149.420, 149.422. One commenter on the 1999 OCS
Activities NPRM's forerunners to these sections asked us to grandfather
their provisions. We do not address that request in this rulemaking
because the only existing deepwater port is already considered to be in
compliance with the temporary interim rule, and therefore
grandfathering is not a relevant concern for deepwater ports.
Subpart E (Sec. 149.500 et seq.). One commenter noted that the
Aids to Navigation (ATON) provisions contained in the 2002 NPRM may be
unsuitable for future deepwater ports whose structures and platforms
are not all located above the surface. We agree and have revised this
subpart accordingly.
Sec. Sec. 149.520 through 149.565. We have revised these sections,
simplifying them wherever possible by referencing 33 CFR part 67 (Aids
to Navigation on Artificial Islands and Fixed Structures) which we
believe provides adequate guidance.
Sec. 149.535. Although other sections in this subpart have been
eliminated or revised (see the general comment for Subpart E, above),
we have retained this section's requirements for a rotating beacon to
distinguish the deepwater port from other offshore facilities.
Sec. 149.540. One commenter recommended waiving ATON requirements
for a simplified port structure consisting of submerged components. We
have amended this section accordingly. We also added paragraph (c) and
made other changes pertaining to submerged turret loading (STL)
deepwater ports, which were not contemplated when we issued the 2002
NPRM.
Sec. 149.550. To aid in streamlining these rules, we revised this
section to require compliance with the ``Navigation Rules'' that
specifically address these lights.
Sec. 149.570. We revised this section to include requirements for
identifying single point moorings and submerged turret loading buoys,
which are potential features of future deepwater ports.
Sec. 149.580. Because future deepwater ports may not have pumping
structures, we reworded this section so that the radar beacon is placed
on the port's highest fixed structure.
Sec. 149.585. One commenter recommended requiring the sounding of
a fog signal only when the visibility is considerably less than the
present 5 nautical miles. This requirement, for a Class ``A'' structure
such as a deepwater port, is set by 33 CFR 67.20-10(b); hence the
comment is outside the scope of this rulemaking. We substituted
``sound'' signal for ``fog'' signal in this section to be consistent
with international terminology.
Sec. Sec. 149.615 and 149.620. One commenter suggested that
initial design phase construction drawings and specifications be sent
to the Marine Safety Center (MSC) rather than to the Commandant (G-M).
For administrative reasons, these drawings and specifications should
come to the Commandant (G-M). Upon receipt, a copy of the application
and all attachments are sent to the Marine Safety Center. We have
revised 149.620 to state that the Commandant (G-M) may engage or work
cooperatively with MSC in evaluating technical matters.
Sec. 149.620. One commenter recommended that an applicant-selected
classification society review and approve engineering and technical
specifications for a deepwater port concept. The Coast Guard would
review firefighting and lifesaving plans. Various classification
societies have recently published guidelines for offshore LNG
terminals. The Coast Guard will review and may accept class society
guidelines as a basis for a particular port's design, but until we have
completed a review and analysis of these guidelines, we are not
prepared to accept them for approval standards. Once the guidelines
have been reviewed the role of classification societies in the review
or approval of deepwater port plans will be determined.
Sec. 149.625. Five commenters asked us to modify this section as
it appeared in the 2002 NPRM, to allow the use of a greater range of
standards. In keeping with the overall approach we have taken in the
temporary interim rule, paragraph (a) now defines the performance we
expect and allows each applicant to determine how best to achieve that
performance. We neither prescribe nor preclude the use of industry or
other outside standards.
Sec. 149.630. We deleted this section as unnecessary. Its
substance is incorporated in Sec. Sec. 149.640 and 149.641.
Sec. 149.641. One commenter on the 1999 OCS Activities NPRM was
confused by our use of the term ``accommodation spaces'' in a
forerunner to this section. We think the distinction between
accommodation modules and the spaces they contain is clear from the
definitions included in Sec. 149.5. The commenter said we should limit
our requirements to the location of accommodation spaces and modules,
avoiding requirements on design (such as providing protection from
blast effects) that were detailed elsewhere in the 1999 NPRM. We have
not carried over those detailed design requirements to this temporary
interim rule, and think this section properly addresses design
considerations for deepwater ports. The commenter said our reference to
hazardous or toxic substances in the forerunner to (b)(2) was unduly
vague. Hazardous or toxic substances are those that could harm the
health of a person in an accommodation space or module. Specific
substances vary depending on the nature of the facility. Ports can also
comply with (b)(2) by satisfying the alternative provisions now
provided in paragraph (c). The commenter suggested deleting a reference
to ``hydrogen sulfide'' in the forerunner to (b)(2); we agree that this
specific Minerals Management Service-derived requirement is only needed
where gas is expected to be present, and made the deletion for this
temporary interim rule.
Sec. 149.650. We have revised this section to address novel or
innovative engineering design, one of DPMA's key objectives.
Sec. 149.660. We adjusted the length of the continuous period
required in (a), from 8 hours to 18 hours. The longer period is
consistent with the requirements for non-passenger vessels on
international voyages that are defined in 46 CFR 112.05-5, which was
first promulgated several years after the original deepwater port
regulations were issued in 1975.
Sec. Sec. 149.690 through 149.692. One commenter suggested
decoupling the provisions for means of escape from the 1999 OCS
Activities NPRM, and said we should retain the existing (``old'') part
149 requirements. We have carefully reviewed the 1999 NPRM, adopting
and adapting its proposals to the Deepwater Ports context. We believe
that this approach is superior to continued reliance on our 1975
regulations.
One commenter on the 1999 OCS Activities NPRM said we should revise
[[Page 740]]
the forerunner to 149.691 (d) so that unmanned facilities can
substitute one or more secondary means of escape for a primary means of
escape. Section 149.692 (e)(2) of this temporary interim rule
accomplishes what the commenter requested. We also clarify that the
secondary means of escape must be located in work areas.
Sec. 149.693. One commenter on the 1999 OCS Activities NPRM
objected to NPRM's requirement that each deepwater port have at least
two personnel landings. We agree that the requirement should be
modified, and have revised this section so that it generally follows
current 33 CFR 143.105.
Sec. 149.694. One commenter on the 1999 OCS Activities NPRM asked
us to consider adding ``horizontal work surfaces'' to the ``decks''
covered by a forerunner to this section. As part of our overall
updating of this section, we included a reference to 33 CFR 143.110
which covers ``floors'' as well as decks. We think this addresses the
commenter's concern.
Sec. 149.696. We revised this section as it appeared in the 1999
OCS Activities NPRM by substituting a reference to 46 CFR 108.235 for
the NPRM's more detailed specifications; we believe the referenced
statute provides adequate guidance and that this approach is in keeping
with our overall goal of updating deepwater port regulations.
Sec. 149.697. Five commenters addressed the forerunners to this
section that appeared in the 1999 OCS Activities NPRM. Two made
comments directed to the specific wording of those forerunners, which
they believed affected substance; our general approach to industry
standards, explained above, addresses one of these comments, and minor
rewordings make the other comments irrelevant to this temporary interim
rule. One commenter said the section should not apply to offshore
supply vessels; OSVs are not covered by this temporary interim rule so
we are not addressing that comment at this time. One commenter favored
an 87 decibel threshold in order to screen out noises of little
concern, and favored deleting the time weighted average. This commenter
also said that a new survey should be triggered by the placement of
equipment near, as well as in, an affected space. Triggering events for
new surveys were detailed in the 1999 NPRM, but our performance-based
temporary interim rule reserves this issue for treatment in each port's
operations manual (see Sec. 150.15(o)). Although the 1999 NPRM used an
87 decibel figure, we have lowered this to 85 decibels, for consistency
with 46 CFR 58.01-50 and IMO Resolution A.468(XII). We also are
retaining the time weighted average because that methodology is
consistent with those authorities. The fifth commenter said we should
require noise surveys only in marginal areas where it is not clear
whether noise could be a problem, and favored simplifying signage
requirements for high-noise areas. We have revised the requirements
that appeared in the 1999 OCS so that the operator can specify the
survey methodology it chooses. We believe the wording presently
required for signage meets the commenter's desire for simplicity.
Sec. 150.10. One commenter asked us to protect certain critical
information in the operations manual from disclosure under the Freedom
of Information Act. Although the draft manual submitted with an
application is placed in the public docket, where it is subject to the
procedural protections afforded by part 148, subpart C, the detailed
operations manual required before a port begins operations is reviewed
exclusively within the Coast Guard and is not made public. Another
commenter said the local COTP should approve the operations manual
before it is reviewed by the Commandant (G-M). We believe consistency
requires review to take place at the Commandant (G-M) level, but this
section indicates that the Commandant (G-M) may consult with the local
Officer in Charge, Marine Inspections (OCMI). One commenter asked
whether we would allow a grace period for the operator of the one
existing deepwater port to prepare an operations manual that conforms
to this temporary interim rule. We consider the existing deepwater port
to be in compliance with this rule, so that subsequent changes to that
port's operations manual will be governed by paragraph (c) of this
section.
Sec. 150.15. Several commenters recommended that we amend these
rules to be less prescriptive and more performance-based, in the spirit
of the Deepwater Port Modernization Act of 1996. They specifically
requested that the NPRM's detailed requirements for personnel
qualifications, port communications, vessel operations, cargo transfer
operations, emergency procedures, etc., be eliminated in favor of a
general requirement that these topics be addressed by the applicant in
the port operations manual required by this section. Now that deepwater
ports may include natural gas facilities, we anticipate much greater
variety in their operating requirements, and we think it is appropriate
to give operators flexibility in planning for how they will address
those requirements. Accordingly we have eliminated numerous specific
provisions that appeared throughout part 150 in the NPRM. Now, the
operations manual will be the vehicle for describing how a port will
meet the standards set for each topic. In order to accommodate this
change in approach, we have regrouped and expanded the language of this
section; see for instance paragraphs (j), (k), (l), (o), (p), (q), (s),
(t), (u), (v), (x), and (y).
Sec. 150.15(c). One commenter said we should clarify engineering
and construction specifications that must be met prior to licensing,
and indicate that certain specifications can be provided as post-
licensing conditions. We believe the revised language of this section
furnishes adequate guidance as to what needs to be in the operations
manual. We added the second and third sentences because schematics are
critical to our understanding of engineering and construction
information.
Sec. 150.15(d). One commenter said we should require a deepwater
port to maintain radio communications with helicopters transiting the
safety zone. We agree that each port should describe its procedures for
maintaining communication with nearby aircraft and have revised this
paragraph accordingly.
Sec. 150.15(h). One commenter recommended that vessel squat be
factored when determining certain net under-keel clearances (UKC).
Although vessel squat is not explicitly mentioned in this paragraph,
and it's likely to have negligible impact, we expect it to be included
in figuring net UKC and to be shown in supporting documentation.
Sec. 150.15(i). One commenter said that, in addition to the tanker
navigation procedures discussed in this paragraph, we should require a
port to ``vet'' calling tankers for compliance with safety and
environmental standards. We think this is a common practice in the
energy industry, but decline to specify a vetting requirement here.
Tank ships are already subject to U.S. and international regulations. A
separate requirement for deepwater port vessels would be redundant of
those regulations and also of part 150's provisions for ensuring
personnel safety, professional proficiency, and environmental
integrity.
Sec. 150.15(i)(7). Two commenters said the operations manual
should define the deepwater port's weather limits. One said the manual
needs to address the conditions for precautionary evacuation. We
believe this paragraph meets these concerns.
[[Page 741]]
Sec. 150.15(j). Three commenters supported moving various details
of personnel titles and job descriptions to the operations manual. We
believe this paragraph meets these concerns.
Sec. 150.15(l). One commenter recommended that a Person in Charge
(PIC) be required for cargo transfer operations, to align with the Oil
and Hazardous Materials in Bulk and OCS regulations. The operations
manual now must discuss site-specific qualifications for a PIC.
Sec. 150.15(o). Four commenters addressed forerunners of this
paragraph that appeared in the 1999 OCS Activities NPRM. One of these
said the 1999 provisions impermissibly regulated workers rather than
operators, and all four requested greater flexibility in our
requirements for replacing worn personnel transfer nets. Because we
have rewritten this section to provide deepwater port operators with
flexibility in crafting their occupational health and safety training
procedures, the specific language these commenters objected to does not
appear in the temporary interim rule. One commenter asked us to use the
term ``personnel transfer devices'' instead of ``personnel transfer
nets.'' No reason was advanced in favor of the suggestion, though we
note that another commenter on the 1999 NPRM remarked (also without
explanation, and without referring to specific provisions of the 1999
NPRM) that the use of swing ropes as a means of transfer between
vessels and platforms on the outer continental shelf deserves more
standardization and study. Due to the unspecific nature of these
comments and because at this time we think ``nets'' is sufficiently
clear, we are retaining that terminology in the temporary interim rule.
Sec. 150.15(u). One commenter suggested that we require the
operations manual to outline training requirements for emergency
equipment operators. We have amended this paragraph accordingly.
Sec. 150.15(v). One commenter supported inclusion in the
operations manual of a deepwater port security plan, developed in
collaboration with the Coast Guard. This paragraph furnishes guidance
for preparing a deepwater port security plan, and we encourage
collaboration in its development.
Sec. 150.15(y). One commenter asked us not to require duplicative
environmental monitoring in areas where monitoring already takes place
in connection with other offshore activities. The operations manual can
identify this sort of situation and prescribe only those monitoring
measures that exceed those in use by other offshore facilities. Two
commenters expressed concern over the ``open-ended'' nature of our
requirements for environmental monitoring. We think the ongoing
environmental monitoring outlined in paragraph (y) is important, but by
allowing operators to set details of that monitoring in their
operations manuals, we provide flexibility to address the concerns of
these commenters.
Sec. 150.20. We added the first sentence to eliminate possible
confusion between the requirements for draft and final operations
manuals.
Sec. Sec. 150.25 through 150.45. We revised these sections because
the OCMI, not the COTP, is the proper Coast Guard official for
amendments to the operations manual.
Sec. 150.30. Two commenters supported this section's approach in
letting the COTP (now OCMI; see comment for Sec. Sec. 150.25 through
150.45) approve amendments to the operations manual.
Sec. 150.50. We revised this section to address the addition of
natural gas facilities. A natural gas deepwater port that also stores
oil in quantity must develop an oil response plan as well as a natural
gas facility emergency plan.
Sec. 150.100. One commenter said we should announce Coast Guard
site inspections in advance and coordinate them with submission of the
port's annual self-inspection report. As a regulatory agency, the Coast
Guard reserves the right to conduct random, unannounced inspections to
ensure facility compliance. However, this section does not require
inspections. We have clarified this section to make clear that the OCMI
may coordinate inspections with a port's annual self-inspection.
Sec. 150.105. One commenter pointed out the NPRM's inadvertent
omission of paragraph (b)'s requirement for an annual self-inspection
report, and another commenter asked us to clarify how to report
equipment failures. We have corrected the omission, and will develop a
new form, CG-5432A, that can be used for reporting self-inspections.
Sec. 150.110. At a commenter's suggestion, we added this section
to reinstate requirements that appear in the 1975 regulations at 33 CFR
150.119 and 150.121. We wish to clarify that applicants can use a
classification society other than the American Bureau of Shipping, and
that we allow interim certification of innovative single-point
moorings.
Subpart C (Sec. 150.200 et seq.). We streamlined this subpart by
removing many detailed requirements that no longer reflect the variety
of deepwater ports that may be anticipated. We expect port-specific
details to be included in a port's operations manual. One commenter
said this subpart should allow an applicant to work with the COTP in
developing personnel requirements for the operations manual. Although
we do not require such consultation, it is certainly appropriate and
possible for an applicant to consult the COTP during this development.
Subpart D (Sec. 150.300 et seq.). We have complied with several
requests to deal with matters such as radar surveillance,
communications between port and vessels, and safety zone navigation
restrictions in the operations manual rather than in regulations,
because, in general, we think this is port-specific information best
handled in the operations manual. However, we retain certain vessel
navigation requirements in 33 CFR part 150, subpart D, because they
pertain to all deepwater ports.
Sec. 150.305. We added this section because natural gas deepwater
ports can be unmanned.
Sec. Sec. 150.310, 150.320. We revised these sections to reflect
the possibility of an unmanned natural gas deepwater port and to
broaden their scope to include areas to be avoided in addition to
safety zones, which are limited by international law to 500 meters.
Sec. 150.325. We revised this section to reflect changes in the
advance notice of arrival reporting requirements found in 33 CFR part
160 and to include areas to be avoided in addition to safety zones,
which are limited by international law to 500 meters.
Sec. Sec. 150.330 through 150.350, 150.380. We revised these
sections to include areas to be avoided in addition to safety zones,
which are limited by international law to 500 meters.
Sec. Sec. 150.365 through 150.375. We eliminated these three
sections that appeared in the 2002 NPRM. Personnel titles and
responsibilities now will be addressed by each operator in its
operations manual.
Sec. 150.385. We revised this section because personnel titles and
responsibilities now will be addressed by each operator in its
operations manual.
Sec. 150.405. We reworded this section to reflect the addition of
natural gas deepwater ports, and substituted the reference to 33 CFR
149.650 in paragraph (b) for references to industry standards.
Sec. 150.420. We revised this section in light of the addition of
natural gas deepwater ports by referencing 33 CFR 127.405, and to
reflect the treatment of
[[Page 742]]
maintenance and repair provisions in each port's operations manual.
Sec. 150.425. Three commenters recommended transferring oil
transfer procedures in this section to the operations manual. This is
appropriate because these procedures are highly port-specific, and we
have amended the section accordingly.
Sec. Sec. 150.430, 150.435. One commenter said that the 2002
NPRM's 150.430, concerning connections to vessels, was too
prescriptive. We deleted those provisions from this temporary interim
rule. The current versions of 150.430 and 150.435 were revised in light
of the addition of natural gas deepwater ports and the increased role
of the operations manual in defining personnel titles and
responsibilities.
Sec. 150.445. One commenter recommended deleting this section's
requirement for displacing oil with water under certain conditions. We
think it is important to retain the requirement, but a port may seek a
waiver from the OCMI.
Sec. 150.500. We reworded this section to indicate that Subpart
F's focus is on specific operational subsets rather than on operations
generally.
Sec. 150.502. One commenter on the 2002 NPRM asked us to clarify
whether repairs can be made without prior Coast Guard approval.
Paragraph (f), which is based on the 1999 OCS Activities NPRM, explains
that emergency repairs can be made without advance notification but
that other repairs affecting the performance of lifesaving equipment
must be preceded by notification. One commenter on the 1999 OCS
Activities NPRM said that the forerunner to paragraph (e) should
clarify that the operational lifeboats or rafts must be adequate to
accommodate all persons on the deepwater port. We have retained the
1999 wording because we think it is sufficiently clear and that any
revision risks greater confusion.
Sec. 150.503. Two commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. The first
recommended a 4-year limit for survival craft falls under paragraph (c)
instead of 5 years as provided for by the NPRM. This is consistent with
Coast Guard rules for MODUs in 46 CFR 109.301 (j)(2), with IMO MODU
Code 10.18.4, and with the requirements in SOLAS 74/83, chapter III,
regulation 20.4.2, and we have revised the paragraph accordingly. The
second commenter said we should lengthen inspection and replacement
intervals because falls usually are located well above the wave zone.
We think the 1999 NPRM intervals, as revised in (c), are required for
safety and reflect the constant exposure of this equipment to the
elements regardless of height above the wave zone.
Sec. 150.505. One commenter on the 1999 OCS Activities NPRM said
that service intervals should be not less than every 5 years. This
section allows a port either to follow manufacturer recommendations for
intervals, or to set its own intervals in its planned maintenance
program. We expect ports to set appropriate intervals, with
manufacturer recommendations in mind. Ports may, but need not, agree
with the commenter's suggested interval.
Sec. 150.514. One commenter on the 1999 OCS Activities NPRM's
forerunner to this section said it needed to clarify that batteries
should be replaced if their marked expiration date has passed. We have
revised this section to make that point clearer.
Sec. 150.515. One commenter on the 1999 OCS Activities NPRM,
apparently in reference to the forerunner of this section, suggested
that monthly testing is excessive. We will not address the substance of
this comment at this time, because neither the 1999 NPRM nor the
temporary interim rule explicitly calls for monthly testing.
Sec. 150.517. Two commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. The first said
that the ``person familiar'' should be the manufacturer's
representative. The second said we should omit the requirement for the
test supervisor's attestation. Manufacturer's representatives can be
qualified to supervise tests, but we see no need to limit the pool of
test supervisors to those persons. However, we retain the attestation
requirement because it helps ensure that tests are supervised by
persons with a proper degree of familiarity.
Sec. 150.518. One commenter on the 1999 OCS Activities NPRM
advocated removing the requirement that a work vest, if no longer
serviceable, be destroyed in the presence of a Coast Guard inspector.
We have revised this section accordingly. We also reworded paragraph
(a) to clarify that inspection by the owner or operator is mandatory.
Sec. 150.519. One commenter on the 1999 OCS Activities NPRM said
weekly testing under paragraph (a) is excessive and that monthly tests
would suffice. We have retained the weekly requirement because it is
similar to the requirements for MODUs and cargo vessels in 46 CFR
109.211 (a)(1) and 46 CFR 97.15-30 (a). Conditions on deepwater ports
are not sufficiently different to justify lesser frequency.
Sec. 150.520. One commenter on the 1999 OCS Activities NPRM said
we should omit the requirement for testing fire extinguishers because
the discharge needed for testing would destroy the device's usefulness
pending recharging. We agree this is not the intended result, and have
revised this section. It now cross references 46 CFR 31.10-18, which
provides test methodologies adapted to the nature of different devices.
Sec. 150.555. One commenter said our rule should specify equipment
standards for cranes. This new section ties the operation, maintenance,
and testing of cranes to 46 CFR part 109.
Sec. 150.601. One commenter on the 1999 OCS Activities NPRM
suggested we use ``hazardous conditions'' in place of ``hazards,''
because an operator can control conditions without necessarily
eliminating hazards. Although the NPRM defined ``hazards'' so that only
``hazardous conditions'' were meant, in the interest of clarity we have
revised this section to use the commenter's desired language. Another
commenter on the 1999 NPRM said that the forerunner to this section
improperly placed an employment-related duty on a ``holder of a lease
or permit'' rather than on the employer. In the context of deepwater
ports, we believe the port operator is the proper person to regulate
and have worded this section accordingly.
Sec. 150.602. Two commenters on the 2002 NPRM supported our
proposal for allowing voluntary safety and environmental management
programs (SEMP) as an alternative to certain regulations on workplace
safety and health, and a third commenter said we should make SEMP
mandatory. We continue to see SEMP as a voluntary alternative and have
added the second paragraph accordingly. One commenter on the 1999 OCS
Activities NPRM reiterated its comment to the forerunner of 150.601,
concerning employment-related duties, and we have revised this section
as we revised 150.601.
Sec. 150.603. Five commenters addressed the forerunner to this
section that appeared in the 1999 OCS Activities NPRM. One said it
should not apply to offshore supply vessels (OSVs). OSVs are not
covered by this temporary interim rule so we do not address that
comment at this time. The four other commenters all said training
requirements should be limited to basic safety training, and whatever
is needed for the safety of others and performance of assigned duties,
or else requested similar limiting language. In keeping
[[Page 743]]
with this rulemaking's general approach, this section now requires
training to be addressed in each port's operations manual.
Sec. 150.607. We reworded paragraph (b) to clarify that machinery
and equipment must be either kept in proper working order or removed
from the port.
Sec. 150.608. One commenter on the 1999 OCS Activities NPRM said
that the forerunner to this section improperly placed an employment-
related duty on a ``holder of a lease or permit'' rather than on the
employer. In the context of deepwater ports, we believe the port
operator is the proper person to regulate and have worded this section
accordingly.
Sec. 150.609. Four commenters on the 1999 OCS Activities NPRM
addressed the forerunner to this section. Three of these criticized the
requirement that eye and face protectors carry informational markings,
because markings eventually wear out. The temporary interim rule aligns
our requirements with those of the Occupational Safety and Health
Administration (OSHA) which are widely used in industry; we consider
them sufficient for the deepwater port context. One commenter said the
forerunner version regulated workers rather than operators. We have
reworded this section to clarify that it is the operator that is being
regulated. One commenter suggested reference to latest available
standards; instead, we now require compliance with 29 CFR 1910.133,
which should furnish the commenter with ample current guidance.
Sec. 150.610. One commenter on the 1999 OCS Activities NPRM asked
that we delete the requirement that emergency equipment be positioned
near the drill floor and in mudrooms. The revised language of this
section continues to require positioning ``where there is a reasonable
probability that eye injury may occur'' but, due to the expected
variation in deepwater port design, our rule neither prescribes nor
precludes which areas will meet that standard.
Sec. 150.611. One commenter on the 1999 OCS Activities NPRM said
the forerunner to this section regulated workers rather than operators.
We have reworded the section to clarify that it is the operator that is
being regulated. Another commenter on the 1999 NPRM recommended that we
set a ``reasonable probability'' standard for applying this section.
That standard is used in 150.610 and 150.612 and we have revised this
section to use that standard as well.
Sec. 150.612. Four commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. One said it
regulated the worker rather than the operator. To prevent confusion on
that count we have reworded the section. Three commenters criticized
the requirement that footwear carry informational markings, because
markings eventually wear out. The temporary interim rule aligns our
requirements with OSHA's, which are widely used in industry; we
consider them sufficient for the deepwater port context. Two commenters
asked for other substantive changes in the requirement that are no
longer relevant in light of the new OSHA-referenced language.
Sec. 150.613. Four commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. One said it
regulated the worker rather than the operator while another joined the
first commenter in pointing out that workers cannot tell if they are in
a qualifying area unless it is posted; we reworded the section to
prevent confusion as to who is regulated. The second commenter also
said a reference to 46 CFR is needed to prevent confusion or conflict
with rules affecting machinery spaces on inspected vessels. We do not
think confusion or conflict is likely and have not referenced 46 CFR in
this section. A third commenter favored lowering the 87-decibel limit
provided in the NPRM to 83 decibels, while a fourth suggested removing
references in the forerunner section to time weighted averages and
specific industry standards. Our adoption of an 85-decibel limit and
retention of time weighted averages is explained in the discussion of
149.697 above. We have adopted the OSHA standard for this section
because of its widespread use in industry.
Sec. 150.614. Four commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. One said it
regulated the worker rather than the operator; we reworded the section
to prevent confusion as to who is regulated. Three commenters said that
the 1999 NPRM improperly required protection for persons who may be in
a hazardous area without actually being exposed to risk. A fourth
commenter also objected to the 1999 language and asked that this
section address only hazards routinely protected against by industry.
We agree with all four commenters that, for deepwater ports, this
section should address only persons who are actually exposed to risk,
and we have reworded the section accordingly. We did not adopt the
fourth commenter's suggestion because the section is meant to reach
risks beyond those that are routinely protected against by industry.
Sec. 150.615. Two commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. Both asked for
clarifying language as to which lockout and tagging procedures must be
observed; we agree that for deepwater ports conjunctive and not
disjunctive language is appropriate and have made the necessary
revision. One commenter said the 1999 NPRM regulated the worker rather
than the operator; we reworded this section to prevent confusion as to
who is regulated.
Sec. 150.616. One commenter said the forerunner of this section
that appeared in the 1999 OCS Activities NPRM improperly regulated the
worker rather than the operator; we reworded the section to prevent
confusion as to who is regulated. Another commenter on the 1999 NPRM
said we should merely supply a ``general duty clause statement'' and
pointed out that the 1999 tagout provisions applied only to electrical
equipment. We believe the performance based language of the temporary
interim rule addresses this commenter's first comment, and we reworded
Sec. Sec. 150.616 and 150.617 to apply to electrical, hydraulic,
mechanical, and pneumatic equipment.
Sec. 150.617. Three commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. One said that it
improperly regulated workers rather than operators; we reworded the
section to prevent confusion as to who is regulated. This commenter
also suggested that we require tags to conform to a specific industry
standard. As discussed earlier, we are not ready to specify industry
standards in this temporary interim rule. The second commenter said
that the person who places the tag and the person who authorizes it
should be identical. While this is generally the case, for operational
flexibility we retain language from the 1999 NPRM that allows a tag to
be removed by the person who placed it, as well as by that person's
supervisor or by a relief person. The third commenter said we should
merely supply a ``general duty clause statement'' and pointed out that
the 1999 tagout provisions applied only to electrical equipment. We
believe the performance based language of the temporary interim rule
addresses this commenter's first comment, and we reworded Sec. Sec.
150.616 and 150.617 to apply to electrical, hydraulic, mechanical, and
pneumatic equipment.
Sec. 150.618. Three commenters addressed the forerunners of this
section
[[Page 744]]
that appeared in the 1999 OCS Activities NPRM. One said that the 1999
language improperly regulated workers rather than operators; we
reworded this section to prevent confusion as to who is regulated. This
commenter also suggested that engineering controls be given precedence
over other measures for keeping exposure within permissible limits. We
decline to adopt that suggestion because this temporary interim rule
gives the operator flexibility to determine how it will implement
measures that this section requires. The other commenters said that the
forerunner to paragraph (a) should be broadened to cite references,
other than material safety data sheets, that define permissible
exposure. Our revision of (a) provides a broader basis for determining
permissible exposure.
Sec. 150.619. Six commenters addressed the forerunners of this
section that appeared in the 1999 OCS Activities NPRM. Two commenters
said they were inapplicable to offshore supply vessels (OSVs), and two
commenters remarked on a possible conflict with other provisions
affecting inspected vessels. This temporary interim rule does not
pertain to OSVs or inspected vessels so we do not address these
comments at this time. One commenter said the 1999 NPRM regulated the
worker rather than the operator; we reworded this section to prevent
confusion as to who is regulated. Two commenters said that the 1.8
meter limit provided by this section unjustifiably sets a more
stringent standard than the present 10 foot limit in 33 CFR 142.42. We
adopted the new limit for consistency with OSHA standards (see 29 CFR
1926.501(b)(1)). One commenter objected that the 1999 language required
the use of fall arrests even when there is no hazard of falling. The
revised section clearly targets ``risks of falling.'' Three commenters
suggested changes in the 1999 provisions regarding the reuse of
personal fall arrest systems. We have revised this section to remove
conditions required for reuse. The operations manual discussion of
maintenance procedures will need to show how a system is maintained in
good working condition once it has been used. One commenter found our
use of the phrase ``irregular surfaces'' to be vague. Due to the
variation we expect in the design of deepwater ports, we have not
attempted a more precise definition, but the degree to which a
surface's irregularity presents a risk can be estimated by comparing
the likely impact of a fall onto such a surface with the likely impact
of other falls mentioned in the section, i.e., falls onto exposed
moving components, electrically energized cables or connectors, or
water. One commenter said the Coast Guard cannot effectively regulate
fall protection using the methods described in the 1999 NPRM, and
favored substituting a ``general duty clause'' requiring employers to
develop fall protection programs in keeping with applicable industry
standards and specific deepwater port needs. We have revised the 1999
NPRM's language so that the temporary interim rule is less prescriptive
and gives operators more flexibility in determining how to protect
personnel from falls. One commenter asked us to consider requiring
protective measures to prevent slipping in any area that is frequently
wet. As revised, the temporary interim rule requires operators to take
measures to control the risk of falling, tripping, or slipping due to
loose material or wet conditions, including spills.
Sec. 150.620. Two commenters addressed the forerunners of this
section that appeared in the 1999 OCS Activities NPRM. One said that
the 1999 language improperly regulated workers rather than operators;
we reworded this section to prevent confusion as to who is regulated.
The other said this section should exempt rotating drilling equipment
because proper safety training is more effective than machine guards.
For the deepwater port context, we believe the revised wording of this
section gives operators sufficient flexibility in how they provide
adequate protection.
Sec. 150.621. Four commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. Three commenters
suggested referencing an industry standard; as explained earlier we are
not ready to include industry standards in this temporary interim rule.
Two commenters said the 1999 language required tagout of slings but did
not detail instructions for tagout. As revised, this section now
references 29 CFR 1910.184, which describes the information needed when
tagging defective slings. Two commenters said that the size and grade
information we called for in 1999 is irrelevant. We have revised this
section accordingly. One commenter said our rule should merely provide
a general duty statement, and that current industry standards allow
slings to sustain some damage before they are replaced. This section as
revised is general in its terms, and the regulation it references (29
CFR 1910.184) provides clear guidance as to the type of damage
necessitating immediate removal of a sling from service.
Sec. 150.622. Two commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. Both commenters
objected to referencing electrical tagout requirements in a way that
implied broader applicability. For deepwater ports, we think our
intention for warning signs is adequately met by referencing OSHA
regulations at 29 CFR 1910.144 and 1910.145, and thus we have deleted
the objectionable language. One commenter asked us to reference
industry standards. As explained earlier, we are not ready to reference
specific industry standards in this temporary interim rule. The second
commenter asked us to grandfather existing signs. Because the only
existing deepwater port is in compliance with this temporary interim
rule, grandfathering is not pertinent in the deepwater port context.
Sec. 150.623. One commenter on the 2002 NPRM said that the
incorporation by reference of 1999 OCS Activities NPRM provisions meant
that operators had to insure the presence of intermediate level
emergency medical technicians during confined space entry operations,
and objected to that requirement. In keeping with our overall
performance-based approach to this temporary interim rule, we now
require that the operator address in its operations manual any
personnel issues related to confined space entry operations.
Ten commenters addressed the forerunners of this section that
appeared in the 1999 OCS Activities NPRM. Seven commenters said all or
substantial portions of our confined space safety proposals were
excessive or unnecessary and should be replaced with industry
standards; one commenter said the 1999 proposals would significantly
increase the regulatory burden on industry with no improvement in and
possible degradation to safety performance. We disagree with these
comments. As noted in the 1999 NPRM at 64 FR 68430, a National Offshore
Safety Advisory Committee (NOSAC) working group recommended that OCS
activities rules cover work in confined spaces, and be based on
Occupational Safety and Health Administration (OSHA) rules in 29 CFR
1910.146, 29 CFR part 1915, and on 46 CFR subpart 91.50. We
substantially consolidated and reworded the 1999 confined space
provisions in the interest of providing deepwater port operators with
increased flexibility. This eliminated the specific requirements that
some of these commenters found objectionable. Nevertheless, we continue
to follow the
[[Page 745]]
NOSAC recommendation and require port operators to structure their
confined space safety programs consistently with OSHA standards. One
commenter said these provisions should be inapplicable to offshore
supply vessels, while another said these provisions were inadequate to
protect workers on OSVs. This temporary interim rule does not apply to
OSVs so we do not address these comments at this time. Three commenters
requested changes in specific requirements that have been eliminated
from this temporary interim rule in keeping with our performance based
approach for deepwater ports.
Sec. 150.624. Three commenters addressed the forerunner of this
section that appeared in the 1999 OCS Activities NPRM. One said it was
inapplicable to offshore supply vessels. This temporary interim rule
does not apply to OSVs so we do not address that comment at this time.
The second commenter asked us to clarify when protective measures must
be taken so that training programs could be tailored accordingly, and
the third commenter suggested we add more detailed guidelines and
procedures. We have revised this section so that it references an OSHA
rule, 29 CFR 1910.1030, which provides detailed guidance for making
exposure determinations and for protective measures, and which should
address these commenters' concerns.
Sec. 150.715(b). We amended this paragraph relative to single-
point moorings, in order to avoid confusing the treatment appropriate
for conventional (surface) single-point moorings with the treatment of
submerged turret-loading system buoys.
Sec. 150.720. We reworded this section for clarity.
Sec. 150.805. We revised the point-of-contact from the Commandant
(G-M) to the OCMI because any site inspection will take place at the
local level.
Sec. 150.815. We revised the description of personal injuries that
require filing a casualty report to better align the requirements for
deepwater ports with those for reporting marine casualties on vessels
under 46 CFR 4.05-1.
Sec. 150.820. We changed the time for filing a written report from
10 days to 5 days, better aligning this section with the requirements
for vessel marine casualty reports in 46 CFR 4.05-10.
Sec. 150.845. We removed specific positions from this section
because such port-specific information will now be specified in the
operations manual.
Subpart J (Sec. 150.900 et seq.). We broadened these sections to
include no-anchoring areas and areas to be avoided, because
international law limits safety zones to 500 meters. We anticipate that
deepwater ports may want to establish larger zones in which traffic can
be made safe, through advisory if not mandatory means.
Regulatory Evaluation
This temporary interim rule is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We expect the economic impact of
this temporary interim rule to be so minimal that a full Regulatory
Evaluation is unnecessary.
The Coast Guard is revising the regulations governing deepwater
ports. They were written at a time when no deepwater ports existed on
which to base regulations. Furthermore, the 1975 regulations applied
only to deepwater ports that handle oil. This temporary interim rule is
necessary to update the regulations with current technology, industry
standards, and to incorporate recent statutory changes adding natural
gas to the Deepwater Port Act. It will also align deepwater port
regulations with relevant safety regulations that have been proposed
for other fixed offshore facilities regulated under 33 CFR Subchapter
N.
We expect the costs of this temporary interim rule to have a
nominal effect on the owners and operators of deepwater ports.
Currently, there is only one licensed and operating deepwater port, the
Louisiana Offshore Oil Port (LOOP). We consider LOOP to be in
compliance with the provisions of this rule. LOOP represents industry
standards for deepwater ports, aside from some operating and
firefighting differences relevant to natural gas deepwater ports and
small unmanned deepwater ports.
Based upon discussion with industry, we anticipate fewer than 10
deepwater ports will be licensed and operating within the next 10
years. We expect that these new entrants will follow existing industry
standards and, therefore, will incur at most the same costs as the
existing compliant deepwater port. We assume that no deepwater port
will be larger or more extensive than LOOP, and therefore none will
incur any additional costs. We also assume that the design and
construction of new deepwater ports (manned or, to the extent
applicable, unmanned) will follow the industry standard for manned
deepwater ports.
The temporary interim rule is also consistent with the deepwater
port industry's request to have its regulations aligned with the
current industry standards and future OCS regulations. Hence, the
benefits are the result of updating and removing any regulations that
are obsolete or unnecessary.
We expect no new collection of information burden to be placed on
the affected entities because industry is already compliant with safety
and training reporting activities. The Coast Guard considers that the
reporting requirements established by current industry practice will
aid its ability to enforce regulations, thereby promoting the safety of
life and property on deepwater ports. Furthermore, by recording
training and safety inspection information, deepwater ports will
increase their own safety level by improving accident readiness, noise
level awareness, and lifesaving equipment preparation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary interim 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 governmental jurisdictions with
populations of less than 50,000.
There is one entity composed of large multinational corporate
owners that operates the existing deepwater port, LOOP. The North
American Industry Classification System (NAICS) code for LOOP is
488320, Marine Cargo Handling. According to the Small Business
Administration's definition, a company with this NAICS code and earning
revenue less than $18.5 million per year is considered a small entity.
LOOP does not qualify as a small entity because its gross revenue
exceeds $18.5 million. We assume that new industry entrants will be
comparable in size to LOOP with large corporate ownership and, thus,
will not be small businesses.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this temporary interim rule will not have a significant economic impact
on a substantial number of small entities. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule will have a significant economic impact
on it, please submit a comment to the Docket Management
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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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Robert Spears,
Project Development Division (G-MSR-2), telephone 202-267-1099, fax
202-267-4547.
Collection of Information
This temporary interim rule calls for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this temporary
interim rule under that Order and have determined that it does not have
implications for federalism. This rule applies to deepwater ports only
in waters beyond the territorial limits of the United States (33 U.S.C.
1501(a)(1)). As regulation of these deepwater ports is beyond State
seaward boundaries, this rule will not preempt State law.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this temporary interim rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Indian Tribal Governments
This temporary interim rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
Energy Effects
We have analyzed this temporary interim rule under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. 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 Executive Order 13211.
Taking of Private Property
This temporary interim rule will not affect a taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This temporary interim rule meets applicable standards in sections
3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to
minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this temporary interim rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Environment
We have considered the environmental impact of this temporary
interim rule and concluded that, under figure 2-1, paragraphs (34)(a),
(c), (e), and (i), of Commandant Instruction M16475.lD, this rule is
categorically excluded from further environmental documentation. The
environmental impact associated with requiring additional equipment,
training, safety inspections and recordkeeping under this rule will
have an insignificant impact on the environment and will benefit the
environment by requiring safe operations of deepwater ports. The
environmental impact of each deepwater port applicant is assessed under
the licensing process. A ``Categorical Exclusion Determination'' is
available in the docket where indicated under ADDRESSES.
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, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, Reporting and recordkeeping requirements.
0
For the reasons discussed in the preamble, the Coast Guard revises 33
CFR chapter I, subchapter NN, as follows:
SUBCHAPTER NN--DEEPWATER PORTS
PART 148--DEEPWATER PORTS: GENERAL
Subpart A--General
Sec.
148.1 What is the purpose of this subchapter?
148.2 Who is responsible for carrying out this subchapter?
148.3 What Federal agencies are responsible for carrying out the
Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
Subpart B--Application for a License
148.100 What is the purpose of this subpart?
148.105 What must I include in my application?
148.107 What additional information may be required?
148.108 What if a Federal or State agency or other interested party
requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send and where
must I send them?
148.125 What are the application fees?
Subpart C--Processing Applications
General
148.200 What is the purpose of this subpart?
148.205 How are documents related to the application maintained?
148.207 How and where can I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?
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148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep draft channel and
harbor?
148.217 How can a State be designated as an adjacent coastal State?
148.221 What must I do to make a claim or object to a claim?
Public Meetings
148.222 When must public meetings be held?
148.227 How is a public meeting reported?
Formal Hearings
148.228 What if a formal evidentiary hearing is necessary?
148.230 How is notice of a formal hearing given?
148.232 What are the rules for a formal hearing?
148.234 What are the limits of an administrative law judge's
jurisdiction?
148.236 What authority does an administrative law judge have?
148.238 Who are the parties to a formal hearing?
148.240 How does a State or a person intervene in a formal hearing?
148.242 How does a person who is not a party to a formal hearing
present evidence at the hearing?
148.244 Who must represent the parties at a formal hearing?
148.246 When is a document considered filed and where must it be
filed?
148.248 What happens when a document does not contain all necessary
information?
148.250 Who must be served before a document is filed?
148.252 What is the procedure for having a subpoena served?
148.254 How is a transcript of the hearing prepared?
148.256 What happens at the conclusion of a formal hearing?
Approval or Denial of the Application
148.276 When must the application be approved or denied?
148.277 How may Federal agencies and States participate in the
application process?
148.279 What are the criteria for approval or denial of an
application?
148.281 What happens when more than one application is submitted for
an oil deepwater port for the same application area?
148.283 When is the application process stopped before the
application is approved or denied?
Subpart D--Licenses
148.300 What does this subpart concern?
148.305 What is included in a deepwater port license?
148.307 Who may consult with the Commandant (G-M) on developing the
conditions of a license?
148.310 How long does a license last?
148.315 How is a license amended, transferred, or reinstated?
148.320 How is a license enforced, suspended, or revoked?
Subpart E--Site Evaluation and Pre-Construction Testing
148.400 What does this subpart do?
148.405 What are the procedures for notifying the Commandant (G-M)
of proposed site evaluation and pre-construction testing?
148.410 What are the conditions for conducting site evaluation and
pre-construction testing?
148.415 When conducting site evaluation and pre-construction
testing, what must be reported?
148.420 When may the Commandant (G-M) suspend or prohibit site
evaluation or pre-construction testing?
Subpart F--Exemption From or Adjustments to Requirements in This
Subchapter
148.500 What does this subpart do?
148.505 How do I apply for an exemption?
148.510 What happens when a petition for exemption involves the
interests of an adjacent coastal State?
148.515 When is an exemption allowed?
148.600 What is the limit of financial liability?
148.605 How is the limit of liability determined?
Subpart G--Environmental Review Criteria for Deepwater Ports
148.700 How does the Deepwater Port Act interact with other Federal
and State Laws?
148.702 How were the environmental review criteria developed?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in an environmental
review and how will they be applied?
148.708 Must the applicant's proposal reflect potential regulations?
148.709 How are these criteria reviewed and revised?
148.710 What environmental conditions must be satisfied?
148.715 How is an environmental review conducted?
148.720 What are the siting criteria?
148.722 Should the construction plan incorporate best available
technology and recommended industry practices?
148.725 What are the design, construction and operational criteria?
148.730 What are the land use and coastal zone management criteria?
148.735 What are other critical criteria that must be evaluated?
148.737 What environmental statutes must an applicant follow?
Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).
Subpart A--General
Sec. 148.1 What is the purpose of this subchapter?
This subchapter prescribes regulations for the licensing,
construction, design, equipment, and operation of deepwater ports under
the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-1524) (the
Act).
Sec. 148.2 Who is responsible for carrying out this subchapter?
Unless otherwise specified, the owner of a deepwater port must
ensure that the requirements of this subchapter are carried out at that
port.
Sec. 148.3 What Federal agencies are responsible for carrying out the
Deepwater Port Act?
Under delegations from the Secretary of Homeland Security and the
Secretary of Transportation, the Coast Guard and the Maritime
Administration (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. MARAD is
responsible 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. The
Secretary of Transportation has delegated authority over pipeline
matters to the Research and Special Programs Administration (RSPA).
Sec. 148.5 How are terms used in this subchapter defined?
As used in this subchapter:
Act means the Deepwater Port Act of 1974, as amended (33 U.S.C.
1501-1524).
Adjacent coastal State means any ``coastal State'' that
(1) Would be directly connected by pipeline to a ``deepwater
port'';
(2) Would be located within 15 miles of a ``deepwater port''; or
(3) Is designated as an ``adjacent coastal State'' by the
Administrator of the Maritime Administration under 33 U.S.C.
1508(a)(2).
Administrator of the Maritime Administration means the Associate
Administrator, Port, Intermodal and Environmental Activities, Maritime
Administration, or that individual's authorized representative, at 400
Seventh Street SW., Washington, DC 20590, telephone 202-366-4721.
Affiliate means a ``person'':
(1) That has an ownership interest, direct or indirect, of more
than 3 percent in an ``applicant'';
(2) That offers to finance, manage, construct, or operate the
``applicant's'' ``deepwater port'' to any significant degree;
(3) That owns or ``controls'' an ``applicant'' or an entity under
paragraphs (1) or (2) of this definition; or
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(4) That is owned or ``controlled'' by, or under common ownership
with, an ``applicant'' or an entity under paragraphs (1), (2), or (3)
of this definition.
Applicant means a ``person'' that is the owner of a proposed
deepwater port and that is applying for a license under this part for
that port.
Application means an application submitted under this part for a
license to own, construct, and operate a deepwater port.
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of 46 CFR chapter I, subchapter Q, the approval series
corresponds to the number of the subpart. A list of approved equipment,
including all of the approval series, is available at http://cgmix.uscg.mil/Equipment
.
Approved means approved by the ``Commandant (G-M)''.
Area to be avoided means a routing measure comprising an area
within defined limits in which either navigation is particularly
hazardous or it is exceptionally important to avoid casualties and
which should be avoided by all ships or certain classes of ships. An
area to be avoided may be either mandatory, where navigation is
prohibited or subject to conditions imposed by competent authority, or
recommendatory, in which ships should navigate with caution in light of
the specially hazardous conditions presented. In either case, the
nature of the area (whether mandatory or recommendatory) will be
identified to mariners.
Barrel means 42 U.S. gallons (159 liters) at atmospheric pressure
and 60[deg] Fahrenheit (15.56[deg] Celsius).
Captain of the Port or COTP means a Coast Guard officer who
commands a Captain of the Port zone described in part 3 of this chapter
and who is immediately responsible for enforcing port safety and
security and marine environmental protection regulations within that
area.
Certified Industrial Hygienist means an industrial hygienist who is
certified by the American Board of Industrial Hygiene.
Certified Marine Chemist means a marine chemist who is certified by
the National Fire Protection Association.
Citizen of the United States means:
(1) Any person who is a United States citizen by law, birth, or
naturalization;
(2) Any state, any agency of a State or a group of States; or
(3) Any corporation, partnership, or other association:
(i) That is organized under the laws of any State;
(ii) Whose president, and chairman of the board of directors, and
general partners or their equivalents, are persons described in
paragraph (1) of this definition; and
(iii) That has no more of its directors who are not persons
described in paragraph (1) of this definition than constitute a
minority of the number required for a quorum to conduct the business of
the board of directors.
Coastal environment means the coastal waters (including the lands
in and under those waters), internal waters, and the adjacent
shorelines (including waters in and under those shorelines). The term
includes, but is not limited to, transitional and intertidal areas,
bays, lagoons, salt marshes, estuaries, and beaches; fish, wildlife,
and other living resources of those waters and lands; and the
recreational and scenic values of those lands, waters, and resources.
Coastal State means a State of the United States in or bordering on
the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
Commandant (G-M) means the Assistant Commandant for Marine Safety,
Security and Environmental Protection, or that individual's authorized
representative, at Commandant (G-M), U.S. Coast Guard, 2100 Second
Street SW., Washington, DC 20593-0001.
Confined space means a space that may contain a dangerous
atmosphere, including a space that:
(1) Has poor natural ventilation, such as a space with limited
openings (e.g., cofferdam, double bottom tank); or
(2) Is not designed for continuous occupancy by personnel.
Construction means the supervising, inspection, actual building and
all other activities incidental to the building, repairing, or
expanding of a ``deepwater port'' or any of its components. The term
includes, but is not limited to, fabrication, laying of pipe, pile
driving and bulk heading and alterations, modifications, or additions
to the ``deepwater port''.
Control means the power, directly or indirectly, to determine the
policy, business practices, or decision-making process of another
``person'', whether by stock or other ownership interest, by
representation on a board of directors or similar body, by contract or
other agreement with stockholders or others, or by other means.
Crude oil means a mixture of hydrocarbons that exist in the liquid
phase in natural underground reservoirs and remains liquid at
atmospheric pressure after passing through surface separating
facilities and includes:
(1) Liquids technically defined as crude oil;
(2) Small amounts of hydrocarbons that exist in the gaseous phase
in natural underground reservoirs but are liquid at atmospheric
pressure after being recovered from oil well (casing head) gas in lease
separators; and
(3) Small amounts of non-hydrocarbons produced with the oil.
Dangerous atmosphere means an atmosphere that may expose personnel
to the risk of death, incapacitation, injury, or acute illness or may
impair ability to escape from the atmosphere unaided.
Deepwater port means any fixed or floating manmade structures other
than a vessel, or any group of structures, located beyond State seaward
boundaries and that are used or intended for use as a port or terminal
for the transportation, storage, or further handling of oil or natural
gas for transportation to 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 that Act, including transportation of
oil or natural gas from the United States outer continental shelf. The
term includes all components and equipment, including pipelines,
pumping stations, service platforms, buoys, mooring lines, and similar
facilities to the extent they are located seaward of the high water
mark. In the case of natural gas, the term includes 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. A deepwater
port shall be considered a ``new source'' for purposes of the Clean Air
Act, as amended (42 U.S.C. 7401 et seq.), and the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
District Commander means an officer who commands a Coast Guard
District described in part 3 of this chapter or that individual's
authorized representative.
Emergency medical technician (EMT) means a person trained and
certified to appraise and initiate the administration of emergency care
for victims of trauma or acute illness before or during transportation
of the victims to a health care facility via ambulance, aircraft or
vessel.
[[Page 749]]
Engineering hydrographic survey means a detailed geological
analysis of seabed soil samples performed to determine the physical
composition (e.g., mineral content, etc.) and structural integrity for
the installation of offshore components and structures.
Governor means the Governor of a ``State'' or the ``person''
designated by State law to exercise the powers granted to the Governor
under the Act.
Gross under-keel clearance means the distance between the keel of a
tanker and the ocean bottom when the tanker is moored or anchored in
calm water free of wind, current, or tide conditions that would cause
the tanker to move.
Hose string means the part of a ``single point mooring oil or
natural gas transfer connection'' made out of flexible hose of the
floating or float/sink type that connects the tanker's manifold to the
``single point mooring''.
Hot work means work that produces heat or fire, such as riveting,
welding, burning, or other fire or spark producing operations.
Lease block means an area established either by the Secretary of
the Interior under section 5 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1334) or by a State under section 3 of the Submerged Lands
Act (43 U.S.C. 1311).
License means a license issued under this part to own, construct,
and operate a deepwater port.
Licensee means a citizen of the United States holding a valid
license for the ownership, construction, and operation of a deepwater
port that was issued, transferred, or renewed under this subchapter.
Marine environment includes the ``coastal environment,'' waters of
the contiguous zone, the exclusive economic zone, and the high seas;
fish, wildlife, and other living resources of those waters; and the
recreational and scenic values of those waters and resources.
Marine site means the area in which the deepwater port is located,
and includes the safety zone, attendant ships' routes, anchorages 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.
Metering platform means a manned or unmanned platform consisting of
either a fixed or floating structure that serves as an interchange site
for controlling the rate of transfer of natural gas from vessel to
pipeline.
Natural gas means either natural gas unmixed, or any mixture of
natural or artificial gas, including compressed or liquefied natural
gas.
Net under-keel clearance means the distance between the keel of a
tanker and the ocean bottom when the tanker is underway, anchored, or
moored and subject to actual wind, waves, current, and tide motion.
No anchoring area means a routing measure comprising an area within
defined limits where anchoring is unsafe, unstable, or particularly
hazardous or could result in unacceptable damage to the marine
environment. Anchoring should be avoided by all ships or certain
classes of ships in a no anchoring area.
Officer in Charge, Marine Inspection, or OCMI means an individual
who commands a Marine Inspection Zone described in part 3 of this
chapter and who is immediately responsible for the performance of
duties with respect to inspections, enforcement, and administration of
regulations governing a deepwater port.
Offshore competent person means an individual trained and
designated by his or her employer in matters relating to confined-space
pre-entry testing and certification at a deepwater port, prior to
entry. An offshore competent person should demonstrate proficiency in
the following criteria--
(1) Hazard description and recognition;
(2) Hazard evaluation and measurement;
(3) Hazard prevention;
(4) Control and elimination; and
(5) Practical application simulation.
Oil means petroleum, crude oil, and any substance refined from
petroleum or crude oil.
Operator means the person who is licensed under 33 U.S.C. 1503 to
own, construct, and operate a deepwater port, or that person's
designee.
Person means an individual, a public or private corporation, a
partnership or other association, or a government entity.
Personnel means individuals who are employed by licensees,
operators, contractors, or subcontractors and who are on a deepwater
port by reason of their employment.
Pipeline end manifold means the pipeline end manifold at a ``single
point mooring.''
Platform means a fixed structure that rests on or is embedded in
the seabed and that has floors or decks where an activity or specific
function may be carried out.
Pumping platform complex means a ``platform'' or a series of
interconnected ``platforms'', exclusive of a deepwater port, consisting
of one or more single point moorings (SPM) or submerged turret loading
buoys (STL) that can pump oil or natural gas and that has one or more
of the following features or capabilities:
(1) Can handle the mooring and loading of small ``vessels'';
(2) Has berthing and messing facilities; and
(3) Has a landing area for helicopters.
Reconnaissance hydrographic survey means a scientific study of
fresh and salt-water bodies, currents and water content, cultural
resources and seabed soils. A visual representation of the survey
findings is normally depicted on a chart of the examined area.
Routing measures means any system of one or more vessel routes or
routing schemes aimed at reducing the risk of casualties. It includes
traffic separation schemes, two-way routes, recommended tracks, areas
to be avoided, inshore traffic zones, roundabouts, and deepwater
routes.
Safety zone means the safety zone established around a deepwater
port under part 150, subpart J, of this chapter.
Single point mooring (SPM) means an offshore berth that links an
undersea pipeline to a tanker moored to the mooring and allows for the
transfer of oil or natural gas between the tanker and the pipeline.
Single point mooring-oil transfer system (SPM-OTS) or single point
mooring-natural gas transfer system (SPM-NGTS) means the part of the
oil or natural gas transfer system from the ``pipeline end manifold''
to the end of the ``hose string'' that connects to the tanker's
manifold.
State includes each of the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
Support vessel means a vessel working for a licensee at a deepwater
port or cleared by a licensee to service a tanker calling at a
deepwater port, and includes a:
(1) Tug;
(2) Line-handling boat;
(3) Crew boat;
(4) Supply vessel;
(5) Bunkering vessel;
(6) Barge; or
(7) Other similar vessel.
Survival craft means a craft capable of sustaining the lives of
persons in distress after abandoning a deepwater port. The term
includes lifeboats, life rafts, buoyant apparatus, and survival
capsules. The term does not include rescue boats, unless the rescue
boats are also ``approved'' as lifeboats.
[[Page 750]]
Tanker means a vessel that calls at a ``deepwater port'' to unload
oil or natural gas.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on or through the water.
Subpart B--Application for a License
Sec. 148.100 What is the purpose of this subpart?
This subpart describes how to apply for a license to own,
construct, and operate a deepwater port.
Sec. 148.105 What must I include in my application?
Your application must include the information required by
paragraphs (a) through (cc) of this section.
(a) For each applicant, affiliate, and consultant:
(1) The name, address, telephone number, citizenship, and principal
business activity of the applicant and its affiliates;
(2) The name, address, and principal business activity of each
subsidiary or division of the applicant or its affiliates that
participated in the decision to apply for a license to build a
deepwater port;
(3) A description of how each affiliate is associated with the
applicant and of the ownership interest each affiliate has in the
applicant;
(4) A list of corporate officers and directors of the applicant and
each affiliate that participated in the decision to apply for a license
to build a deepwater port;
(5) A statement on the applicant's and each affiliate's history for
the last 5 years, including:
(i) Any bankruptcy filing, their dates, and statuses in the event
the activity results in reorganization;
(ii) Any violations of State or Federal laws; and
(iii) Outstanding litigation that relates to, or could materially
affect, information in the license application; and
(6) A declaration regarding lobbying activities on behalf of either
the applicant or an affiliate under 31 U.S.C. 1352.
(b) Experience in matters relating to deepwater ports. (1) A
description of the experience of the applicant, its affiliates, and its
consultants in offshore operations, particularly operations involving
the transfer and storage of liquid cargo and the loading and unloading
of vessels.
(2) For each affiliate with which the applicant has made a
significant contract for the construction of any part of the deepwater
port, a description of that affiliate's experience in construction of
marine terminal facilities, offshore structures, underwater pipelines,
and seabed foundations and a description of other experiences that
would bear on the affiliate's qualification to participate in the
construction of a deepwater port.
(c) The identity of each engineering firm, if known, that will
design the deepwater port or a portion of the port. The firm's:
(1) Name;
(2) Address;
(3) Citizenship;
(4) Telephone number; and
(5) Qualifications.
(d) United States citizenship. (1) As used in this paragraph (d)
the terms ``president,'' ``chairman,'' ``directors,'' and ``board of
directors'' (or ``board'') refer to those officers and boards or their
equivalents by whatever means they may be known. References to
``charters,'' ``certificates,'' or other documents refer to legally
sufficient documents by those names or their equivalents.
(2) If the applicant is an individual citizen of the United States
by law, birth, or naturalization, or a group of such individuals,
submit an affidavit of U.S. citizenship from each individual.
(3) If the applicant is a State agency of a State, or a group of
states, submit the law or laws authorizing the applicant to undertake
the operations detailed in the application.
(4) If the applicant is a private corporation, submit its current
charter or certificate of incorporation; its current by-laws; and
affidavits of citizenship (U.S. or foreign) from its president,
chairman of the board of directors and each director.
(5) If the applicant is a partnership or association not formed or
owned solely by individual citizens of the United States, submit its
certificate of formation; its partnership agreement or articles of
association; its current by-laws; the minutes of its first board
meeting; and affidavits of citizenship (U.S. or foreign) from the
president and each director.
(e) Address for service of documents. The name and address of one
individual who may be served with documents in case a formal hearing is
held concerning the application, and the name and address of one
individual who may receive other documents.
(f) Location and use. The proposed location and capacity of the
deepwater port and a general description of the anticipated use of the
port.
(g) Financial information. (1) For the applicant and each affiliate
with an ownership interest in the applicant of greater than 3 percent,
and affiliates which have a direct contractual relationship with the
deepwater port:
(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 the
Commandant (G-M), in coordination with MARAD, may waive this
requirement upon finding that the affiliate does not in the normal
course of business produce audited statements and is part of a larger
corporate group whose audited statement provides sufficient information
to support an adequate assessment of the affiliate's relationship with
and impact on the applicant; and
(ii) Interim income statements and balance sheets for each quarter
that ends at least 30 days before submission of the application, unless
it is included in the most recent annual financial statement.
(2) An estimate of construction costs, including:
(i) A phase-by-phase breakdown of costs;
(ii) The estimated completion dates for each phase; and
(iii) A detailed estimate of the cost of removing all of the marine
components of the deepwater port, other than pipelines that lie beneath
the seabed, when operations at the port cease.
(3) Annualized projections or estimates of each of the following,
along with the underlying assumptions, for the next 5 years and at
reasonable intervals throughout the life of the deepwater port:
(i) Total oil or natural gas throughput and subtotals showing
throughput owned by the applicant and its affiliates and throughput
owned by others;
(ii) Projected financial statements, including a balance sheet and
income statement; and
(iii) Annual operating expenses, showing separately any payment
made to an affiliate for any management duties carried out in
connection with the operation of the deepwater port.
(4) A copy of all proposals or agreements concerning the management
and financing of the deepwater port, including agreements relating to
throughputs, capital contributions, loans, guarantees, commitments,
charters, and leases.
(5) The throughput reports for the calendar year preceding the date
of the
[[Page 751]]
application for the applicant and each of the applicant's affiliates
engaged in producing, refining, or marketing oil or natural gas, along
with a copy of each existing or proposed throughput agreement. Each
throughput report must list the throughput of the following products:
(i) Crude oil. If crude oil is the only product the port is
designed to transport, the throughput report may be limited to
reporting crude oil;
(ii) Gasoline;
(iii) Jet aviation fuel;
(iv) Distillate fuel oils;
(v) Other refinery products; and
(vi) Natural gas.
(h) Construction contracts and construction-related studies.
(1) A copy of each contract that the applicant made for the
construction of any component of the deepwater port or for the
operation of the port.
(2) A listing and abstract of:
(i) All completed or ongoing studies on deepwater ports conducted
by or for the applicant; and
(ii) All other construction-related studies used by the applicant.
(3) The identity of each contractor, if known, that will construct
or install the deepwater port or a portion of the port, including each
firm's:
(i) Name;
(ii) Address;
(iii) Citizenship;
(iv) Telephone number; and
(v) Qualifications.
(i) Compliance with Federal water pollution requirements. (1)
Evidence, to the extent available, that the requirements of section
401(a)(1) of the Federal Water Pollution Control Act Amendments of
1972, 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 is conditioned upon the applicant demonstrating that the
requirements of section 401(a)(1) of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be
satisfied.
(2) In those cases where certification under 33 U.S.C. 1341(a)(1)
must be obtained from the Administrator of the Environmental Protection
Agency, the request for certification, and pertinent information (e.g.,
plume modeling) related to the certification.
(j) Coastal zone management. A request for each certification
required by section 307 of the Coastal Zone Management Act of 1972, as
amended (16 U.S.C. 1456).
(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 they are
available. For each lease block, provide the following:
(i) A description of each pipeline, or other right-of-way crossing,
in enough detail to allow plotting of the rights-of-way to the nearest
one-tenth of a second in latitude and longitude; and
(ii) The identity of the lessee of each pipeline or other right-of-
way.
(2) Detailed information concerning any interest that anyone,
including the applicant, has in each block.
(3) Detailed information concerning the present and planned use of
each block.
(l) Overall site plan. Single-line drawings showing the location
and type of each component of the proposed deepwater port and its
necessary facilities, including:
(1) Floating structures;
(2) Fixed structures;
(3) Aids to navigation;
(4) Manifold systems; and
(5) Onshore storage areas, pipelines, and refineries.
(m) Site plan for marine components. A site plan consisting of the
following:
(1) The proposed size and location of all:
(i) Fixed and floating structures and associated components seaward
of the high water mark only, if the proposal does not involve a
connected action (i.e., installation of new pipeline extending in shore
of the state boundary line);
(ii) Recommended ships' routing measures and proposed vessel
traffic patterns in the port area, including aids to navigation;
(iii) Recommended anchorage areas and, for support vessels, mooring
areas; and
(2) A reconnaissance hydrographic survey of the proposed marine
site. This survey should provide data on the water depth, prevailing
currents, cultural resources, and a general characterization of the sea
bottom. A requirement to submit an engineering hydrographic survey of
the final marine site will be imposed as a condition in the license.
The latter survey will require more extensive analysis of the soil and
detailed study to determine its physical composition (i.e., minerals),
and if the sea bottom can support fixed components comprising a
deepwater port. The applicant may submit existing data, gathered within
the previous 2 years, but it must be supplemented by field data for the
specific locations in which a high degree of variability exists.
(n) Soil data. An analysis of the general character and condition
of the ocean bottom, sub-bottom, and upland soils throughout the marine
site. The applicant may use existing data, so long as it was collected
within the last 2 years 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 engineer specializing in soil
mechanics concerning:
(1) The suitability of the soil to accommodate the anticipated
design load of each marine component that will be fixed to or supported
on the ocean floor; and
(2) The stability of the seabed when exposed to the environmental
forces resulting from severe storms or lesser forces that occur over
time, including any history of accretion or erosion of the coastline
near the marine site.
(o) Archeological information. An analysis of the information from
the reconnaissance hydrographic survey by a qualified underwater
archeologist to determine the historical or other significance of the
area where the site evaluation and pre-construction testing activities
were conducted. This analysis must meet standards established by the
Mineral Management Service for activities on the Outer Continental
Shelf and include the areas potentially affected by the deepwater port,
other associated platforms, and its pipeline routes.
(p) Vessel operational information. Description of information, to
be provided in the operations manual, pertaining to vessel operations,
vessel characteristics and weather forecasting.
(q) Information on floating components. (1) A description and
preliminary design drawing of each floating component, including the
hoses, anchoring or securing structure, and navigation lights if the
component is a mooring buoy.
(2) The design criteria, developed under part 149 of this chapter,
to which each floating component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be
followed.
(5) A description of safety, fire-fighting, and pollution
prevention equipment to be used on each floating component.
(6) A description of lighting to be used on floating hoses for
night detection.
(r) Information on fixed offshore components. (1) A description and
[[Page 752]]
preliminary design drawing for each fixed offshore component.
(2) The design criteria, developed under part 149 of this chapter,
to which each fixed offshore component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be
followed.
(5) A description of the following equipment to be installed:
(i) Navigational lighting;
(ii) Safety equipment;
(iii) Lifesaving equipment;
(iv) Firefighting equipment;
(v) Pollution prevention equipment (response equipment will be
outlined in the facility response plan); and
(vi) Waste treatment equipment.
(6) A description and preliminary design drawing of the following:
(i) The cargo pumping equipment;
(ii) The cargo piping system;
(iii) The control and instrumentation system; and
(iv) Any associated equipment, including oil or natural gas-
throughput-measuring equipment, leak-detection equipment, emergency-
shutdown equipment, and the alarm system.
(7) The personnel capacity of each deepwater port pumping platform
complex.
(s) Information on offshore pipelines. (1) A description and
preliminary design drawing of the marine pipeline, including:
(i) Size;
(ii) Throughput capacity;
(iii) Length;
(iv) Depth of cover; and
(v) Protective devices.
(2) The design criteria to which the marine pipeline will be
designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be
followed.
(5) A description of the metering system to be used to measure flow
rate.
(6) Information concerning all submerged or buried pipelines that
will be crossed by the offshore pipeline and how each crossing will be
made.
(t) Information on onshore components. The information required by
paragraphs (t)(1) through (t)(3) must be supplied to the extent known
by the applicant.
(1) A description of the location, capacity, and ownership of all
planned and existing onshore pipelines, storage facilities, refineries,
petrochemical facilities, and transshipment facilities that will be
served by the deepwater port. Crude oil or natural gas gathering lines
and lines wholly within a deepwater port must be included in data on
onshore components only if specifically required. Entry points and
major connections between lines and with bulk purchasers must be
included.
(2) A chart showing the location of all planned and existing
facilities that will be served by the port, including:
(i) Onshore pipelines;
(ii) Storage facilities;
(iii) Refineries;
(iv) Petrochemical facilities; and
(v) Transshipment facilities.
(3) A copy of all proposals or agreements with existing and
proposed refineries that will receive oil transported through the
deepwater port, the location and capacity of each such refinery and the
anticipated volume of such oil to be refined by each such refinery to
the extent known by the applicant.
(u) Information on miscellaneous components. (1) A description of
each radio station or other communications facility to be used during
construction and operation of the deepwater port and their proposed
concept of operation.
(2) A description of the radar navigation system to be used in
operation of the deepwater port outlined in the operations manual.
(3) A description of the method to be used for bunkering vessels
using the deepwater port.
(4) A brief description of the type, size, and number of vessels to
be used in bunkering, mooring, and servicing the vessels using the
deepwater port.
(5) A description and location of shore-based support facilities,
if any, to be provided for vessels described in paragraph (u)(4) of
this section; or that serve as offices or facilities in support of the
deepwater port operations.
(6) A copy of the actual radio station license, or if not
available, the application sent to the Federal Communications
Commission.
(v) Construction procedures. A description of the method and
procedures to be used in constructing each component of the deepwater
port (e.g., shore-side fabrication, assembly and support), including
anticipated dates of completion for each specific component during each
phase of construction.
(w) Operations manual. A draft of the operations manual for the
proposed port containing the information under Sec. 150.15 of this
chapter must demonstrate the applicant's ability to operate the port
safely and effectively. To the extent circumstances are similar, this
demonstration can be in the form of evidence, appended to the draft
operations manual, of the applicant's participation in the safe and
effective management or operation of other offshore facilities (for
example, evidence of compliance with Mineral Management Service
requirements for those facilities). If the information required for the
manual is not available, state why it is not and when it will be
available.
(x) Environmental evaluation. An analysis, sufficient to meet the
requirements of the National Environmental Policy Act, and as outlined
in subpart G of this part, of the potential for impacts on the natural
and human environments, including sufficient information to comply with
all applicable Federal, tribal, and state requirements for the
protection of the environment.
(y) Aids to navigation. (1) For each proposed aid to navigation,
the proposed position of the aid described by latitude and longitude
coordinates to the nearest second or tenth of a second as determined
from the largest scale chart of the area in which the aid is to be
located. Specify latitude and longitude to a level obtained by visual
interpolation between the finest graduation of the latitude and
longitude scales on the chart.
(2) For each proposed obstruction light and rotating lighted
beacon:
(i) Color;
(ii) Characteristic;
(iii) Effective intensity;
(iv) Height above water; and
(v) General description of illumination apparatus.
(3) For each proposed sound signal on a structure, a general
description of the apparatus.
(4) For each proposed buoy:
(i) Shape;
(ii) Color;
(iii) Number or letter;
(iv) Depth of water in which located; and
(v) General description of any light or sound signal apparatus on
the buoy.
(5) For the proposed radar beacon (RACON), height above water and a
general description of the apparatus.
(z) National Pollutant Discharge Elimination System (NPDES). To the
extent available, the information prescribed by, and submitted on, the
NPDES Application for Permit to Discharge, Short Form D, for applying
for a discharge permit from the Environmental Protection Agency (EPA).
If complete information is not available by the time MARAD must either
approve or deny the application for a designated application area under
33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned
upon the applicant receiving the required discharge permit from the EPA
before
[[Page 753]]
the start of any discharge requiring such a permit. The issuance of the
permit demonstrates that all potential water discharges have been
satisfactorily analyzed and water quality control measures implemented
to mitigate discharges to meet NPDES.
(aa) Placement of structures and the discharge of dredged or fill
material. The information required to obtain a Department of Army
permit for placement of structures and the discharge of dredged or fill
material.
(bb) Additional Federal authorizations. All other applications for
Federal authorizations not listed elsewhere in this subpart that are
required for ownership, construction, and operation of a deepwater
port.
(cc) A statement that the information in the application is true.
This statement must be placed at the end of the application, sworn to
before a notary public, and signed by a responsible official of the
applicant.
Sec. 148.107 What additional information may be required?
(a) The Commandant (G-M), 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 detailing of information
in the application or any other information the Commandant (G-M) deems
necessary.
(b) The Commandant (G-M) may require the applicant or the
applicant's affiliates to make available for Coast Guard examination,
under oath or for interview, persons having, or believed to have,
necessary information.
(c) The Commandant (G-M) may set a deadline for receiving the
information. If the applicant states that the required information is
not yet available but will be at a later date, the Commandant (G-M) may
specify a later deadline. If a requirement is not met by a deadline
fixed under this paragraph, the Commandant (G-M), in coordination with
MARAD, may determine whether compliance with the requirement is
important to processing the application within the time prescribed by
the Act. If the requirement is important to processing the application
within the time limit set by the Act, the Commandant (G-M) may
recommend to the Administrator of the Maritime Administration that the
Administrator either not approve the application or suspend it
indefinitely. The deadline for the Administrator's review under the Act
is extended for a period of time equal to the time of the suspension.
Sec. 148.108 What if a Federal or State agency or other interested
party requests additional information?
(a) Any Federal or State agency or other interested person may
recommend that the applicant provide information in addition to that
required to be in the application.
(b) Recommendations must include a brief statement of why the
information is needed.
(c) The Commandant (G-M) must receive the request within 30 days
after publication of the notice of application in the Federal Register.
The request is considered before any final determination is made.
(d) Commandant (G-M) will consider whether:
(1) The information requested is essential for processing the
license application; and
(2) The time and effort required by the applicant in gathering the
information will result in an undue delay in the application process.
(e) Commandant (G-M) may consult with the applicant prior to
issuing a determination on the request for additional information.
Sec. 148.110 How do I prepare my application?
(a) Any person may confer with the Commandant (G-M) concerning
requirements contained in this rule for the preparation of an
application or the requirements of this subchapter.
(b) The applicant may incorporate, by clear and specific reference
in the application, the following:
(1) Standard reference material that the applicant relied on and
that is readily available to Federal and State agencies;
(2) Current information contained in previous applications or
reports that the applicant has submitted to the application staff; or
(3) Current information contained in a tariff, report, or other
document previously filed for public record with the Surface
Transportation Board or the Securities and Exchange Commission, if:
(i) A certified true and complete copy of the document is attached
to each copy of the application required by Sec. 148.115(a);
(ii) The date of filing and the document number or other locator
are on the cover of the document; and
(iii) Any verification or certification required for the original
filing (other than from auditors or other independent persons) is dated
no earlier than 30 days before the date of the application.
Sec. 148.115 How many copies of the application must I send and where
must I send them?
Send copies of the application as described in paragraphs (a)
through (c).
(a) Six printed copies (and an electronic version), to the
Commandant (G-MSO), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593-0001.
(b) One copy to the U.S. Army Corps of Engineers District Office
having jurisdiction over the proposed port. For the address, see http://www.usace.army.mil/
.
(c) The Commandant (G-MSO) may require the applicant to supply
additional printed copies for distribution to Federal, tribal, and
state regulatory agencies involved in reviewing the application.
Sec. 148.125 What are the application fees?
(a) The applicant must submit to the Commandant (G-M) a
nonrefundable application fee of $350,000 with each application for a
license. If additional information is necessary to make an application
complete, no additional application fee is required.
(b) The costs incurred by the Federal Government in processing an
application will be charged to the application fee until it is
exhausted. If the fee is exhausted and the Federal Government incurs
further processing costs, the applicant will be charged the additional
costs. Commandant (G-M) will periodically advise the applicant of the
status of expenses incurred during the application process.
(c) Additional costs attributable to efforts to process a deepwater
port license application will be paid by the applicant. These
additional costs must be submitted to the Commandant (G-M) when they
are assessed.
(d) Application fees and additional costs assessed under this
section must be made payable to the ``United States Treasury.''
Subpart C--Processing Applications
General
Sec. 148.200 What is the purpose of this subpart?
This subpart prescribes the requirements for processing an
application for a deepwater port license. It includes the procedures
for maintaining the docket, designating adjacent coastal States,
holding informal and formal public hearings, and approving or denying
an application.
Sec. 148.205 How are documents related to the application maintained?
(a) The Commandant (G-M) maintains the docket for each application.
[[Page 754]]
(b) The docket contains a copy of all documents filed or issued as
part of the application process.
(c) Recommendations submitted by Federal departments and agencies
under 33 U.S.C. 1504(e)(2) are docketed when they are received. Copies
of applicable NEPA documents prepared under 33 U.S.C. 1504(f) are
docketed when they are sent to the Environmental Protection Agency.
(d) For a document designated as protected from disclosure under 33
U.S.C. 1513(b), the Commandant (G-M):
(1) Prevents the information in the document from being disclosed,
unless the Commandant (G-M) states that the disclosure is not
inconsistent with 33 U.S.C. 1513(b); and
(2) Keeps a record of all individuals who have a copy of the
document.
Sec. 148.207 How and where can I view docketed documents?
(a) All material in a docket under Sec. 148.205 is available to
the public for inspection and copying at Commandant (G-M) at the
address under ``Commandant (G-M)'' in Sec. 148.5, except for:
(1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or
operation of a deepwater port; and
(2) Material designated under paragraph (b) of this section as a
trade secret or commercial or financial information that is claimed to
be privileged or confidential.
(b) A person submitting material that contains either a trade
secret or commercial or financial information under paragraph (a)(2) of
this section must designate those portions of the material that are
privileged or confidential. Section 148.221 contains procedures for
objecting to these claims.
Sec. 148.209 How is the application processed?
The Commandant (G-M) processes each application and publishes the
notice of application under 33 U.S.C. 1504(c) in the Federal Register.
Upon publication of a notice of application, the Commandant (G-M)
delivers copies of the application to:
(a) Each Federal agency with jurisdiction over any aspect of
ownership, construction, or operation of deepwater ports. These include
the Environmental Protection Agency, the Departments of Commerce,
Defense, Energy, Interior and State, and relevant State environmental
and natural resources protection agencies.
(b) Each adjacent coastal State.
Sec. 148.211 What must I do if I need to change my application?
If at any time before the Secretary approves or denies an
application, the information in it changes or becomes incomplete, the
applicant must promptly submit the changes or additional information in
the manner set forth in 148.115 of this part.
Sec. 148.213 How do I withdraw my application?
The applicant may withdraw an application at any time before the
proceeding is terminated by delivering or mailing notice of withdrawal
to the Commandant (G-M) for docketing.
Sec. 148.215 What if a port has plans for a deep draft channel and
harbor?
If a port of a State that will be directly connected by pipeline
with a proposed deepwater port has existing plans for a deep draft
channel and harbor, a representative of the port may request a
determination under 33 U.S.C. 1503(d). The request must be sent, in
writing, to Commandant (G-M) within 30 days after the date that the
notice of application for the deepwater port is published in the
Federal Register. The request must contain the information required in
paragraphs (a) through (e) of this section.
(a) Signature of the highest official of the port submitting the
request;
(b) A copy of the existing plans for the construction of a deep
draft channel and harbor;
(c) Certification that the port has an active study by the
Secretary of the Army for the construction of a deep draft channel and
harbor or that the port has pending an application for a permit under
33 U.S.C. 403 for the construction;
(d) Any available documentation on:
(1) Initial costs (by phases, if development is staged) for the
proposed onshore project, including dredging, ship terminal, and
attendant facilities;
(2) Estimated annual operating expenses (by phases, if development
is staged), including labor, for 30 years for all elements of the
project;
(3) Estimated time of completion of all elements of the project;
(4) Estimated volume of ship traffic and volume and variety of the
tonnage;
(5) Potential traffic congestion conditions in the port and the
port's capability to control vessel traffic as a result of the proposed
dredging project;
(6) Estimated economic benefits of the project, including:
(i) Economic contribution to the local and regional area;
(ii) Induced industrial development;
(iii) Increased employment; and
(iv) Increases in tax revenues;
(7) Environmental and social impact of the project on elements of
the local and regional community; and
(8) An estimate of the economic impact that granting a deepwater
port license will have on the proposed project.
(e) A statement whether the port seeks a determination that the
port best serves the national interest.
Sec. 148.217 How can a State be designated as an adjacent coastal
State?
(a) Adjacent coastal States are named in the notice of application
published in the Federal Register. However, a State not named as an
adjacent coastal State in the notice may request to be designated as
one if the environmental risks to it are equal to or greater than the
risks posed to a State directly connected by pipeline to the proposed
deepwater port.
(b) The request must:
(1) Be submitted in writing to the Commandant (G-M) within 14 days
after the date of publication of the notice of application in the
Federal Register;
(2) Be signed by the Governor of the State;
(3) List the facts and any available documentation or analyses
concerning the risk of damage to the coastal environment of the State;
and
(4) State why the State believes the risk of damage to its coastal
environment is equal to or greater than the risk to a State connected
by a pipeline to the proposed deepwater port.
(c) Upon receipt of a request, the Commandant (G-M) sends a copy of
the State's request to the Administrator of the National Oceanic and
Atmospheric Administration (NOAA) and asks for the Administrator's
recommendations within an amount of time that will allow the Commandant
(G-M) 45 days from receipt of the request to determine the matter.
(d) If after receiving NOAA's recommendations, the Commandant (G-M)
determines that the State should be considered as an adjacent coastal
State, the Commandant (G-M) designates it as an adjacent coastal State.
If the Commandant (G-M) denies the request, the Commandant (G-M)
notifies the Governor of the requesting State of the denial.
Sec. 148.221 What must I do to make a claim or object to a claim?
(a) Persons required to furnish information under this part may
assert a claim of privilege or immunity as grounds for relief from the
requirement.
[[Page 755]]
The claim must be submitted in writing to the Commandant (G-M).
(b) If the claim concerns a document protected from disclosure
under 33 U.S.C. 1513(b), the document must be placed in a sealed
envelope with the name of the person claiming the protection, the
applicant's name, the date or anticipated date of the application, and
a brief statement of the basis of the claim. If a number of documents
are involved, they must be grouped according to the nature of the claim
and both the documents and their envelopes must be numbered using a
self-explanatory numbering system.
(c) If the claim concerns the attorney-client privilege, the claim
must identify the communication by date, type, persons making and
receiving it, and general subject matter. If the required information
is in a separable part of a communication, such as an attachment to a
letter, the separate part must be identified the same way as the
communication. The identification must be filed with the Commandant (G-
M).
(d) A Federal or State agency, the applicant, an affiliate of the
applicant, or other interested person may object to a claim. The
objection must be in writing, must include a brief statement of the
basis for the objection, and must identify the document to which the
claim applies.
(e) Commandant (G-M) determines issues raised by claims filed under
this section and may specify procedures to be used to resolve the
issues. Any person may submit recommendations to the Commandant (G-M)
as to the procedures to be used.
(f) The presiding officer at any formal or informal hearing may
allow claims or objections that could be filed under this section to be
made and may issue a decision or refer the matter to the Commandant (G-
M).
(g) The filing of a claim under this section, other than a claim
under paragraph (b) of this section, stays the time for meeting any
deadline for submitting information related to an issue raised in a
claim or objection. However, the filing of a claim does not stay the
periods for processing and reviewing applications, unless the
Commandant (G-M) determines that compliance with the requirement is
material to the processing of the application within the required time.
If the Commandant (G-M) determines that the information is material,
the Commandant (G-M) may suspend the processing of the application. The
period of suspension is not counted toward the time limits in 33 U.S.C.
1503(c)(6), 1504(d)(3), (e)(2), and (g), and 1508(b)(1).
Public Meetings
Sec. 148.222 When must public meetings be held?
(a) Before a license is issued, at least one public meeting under
33 U.S.C. 1504(g) must be held in each adjacent coastal State.
(b) The Commandant (G-M), in coordination with the Administrator of
the Maritime Administration, shall publish a notice of public meetings
in the Federal Register and mails or delivers a copy of the notice to
the applicant, to each adjacent coastal State, and to all who request a
copy.
(c) Anyone may attend the public meeting(s) and provide oral or
written information. The presiding officer may limit the time for
providing oral information.
Sec. 148.227 How is a public meeting reported?
(a) After completion of a meeting, the presiding officer forwards a
report on the hearing to the Commandant (G-M) for docketing.
(b) The report contains at least:
(1) An overview of the factual issues addressed;
(2) A transcript or recording of the meeting; and
(3) A copy of all material submitted to the presiding officer.
(c) During the hearing, the presiding officer announces the
information that the report must contain.
Formal Hearings
Sec. 148.228 What if a formal evidentiary hearing is necessary?
(a) After all public meetings under 148.222 are concluded, the
Commandant (G-MSO), in coordination with the Administrator of the
Maritime Administration, considers whether there are one or more
specific and material factual issues that may be resolved by a formal
evidentiary hearing.
(b) If the Commandant (G-M), in coordination with the Administrator
of the Maritime Administration, determines that one or more issues
under paragraph (a) of this section exist, the Coast Guard will hold at
least one formal evidentiary hearing under 5 U.S.C. 554 in the District
of Columbia.
(c) The Commandant (G-MSO) files a request for assignment of an
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief
Administrative Law Judge designates an ALJ or other person to conduct
the hearing.
(d) The recommended findings and the record developed in a hearing
under paragraph (b) of this section are considered by the Administrator
of the Maritime Administration in deciding whether to approve or deny a
license.
Sec. 148.230 How is notice of a formal hearing given?
(a) The Commandant (G-M) publishes a notice of the hearing in the
Federal Register and sends a notice of the hearing to the applicant, to
each adjacent coastal State, and to each person who requests such a
notice.
(b) The notice of the hearing includes the applicant's name, the
name of the ALJ assigned to conduct the hearing, a list of the factual
issues to be resolved, the address of the place where documents are to
be filed, and the address where a copy of the rules of practice,
procedure, and evidence to be used at the hearing is available.
Sec. 148.232 What are the rules for a formal hearing?
(a) The Commandant (G-M) determines the rules for each formal
hearing. Unless otherwise specified in this part, the Commandant (G-M)
applies the rules of practice, procedure, and evidence in part 20 of
this chapter.
(b) The Commandant (G-M) sends a written copy of the procedure to
the applicant, each person intervening in the proceedings, and each
person who requests a copy.
Sec. 148.234 What are the limits of an administrative law judge's
jurisdiction?
(a) An ALJ's jurisdiction begins upon assignment to a proceeding.
(b) An ALJ's jurisdiction ends after the recommended findings are
filed with the Commandant (G-M) or immediately after the ALJ issues a
notice of withdrawal from the proceeding.
Sec. 148.236 What authority does an administrative law judge have?
When assigned to a formal hearing, an ALJ may:
(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Issue rules of procedure for written evidence;
(d) Rule on offers of proof and receive evidence;
(e) Examine witnesses;
(f) Rule on motions of the parties;
(g) Suspend or bar an attorney from representing a person in the
proceeding for unsuitable conduct;
(h) Exclude any person for disruptive behavior during the hearing;
(i) Set the hearing schedule;
(j) Certify questions to the Commandant (G-M);
(k) Proceed with a scheduled session of the hearing in the absence
of a party who has failed to appear;
(l) Extend or shorten a non-statutorily imposed deadline under this
subpart
[[Page 756]]
within the 240 day time limit for the completion of public hearings in
33 U.S.C. 1504(g);
(m) Set deadlines not specified in this subpart or the Act; and
(n) Take any other action authorized by or consistent with this
subpart, the Act, or 5 U.S.C. 551-559.
Sec. 148.238 Who are the parties to a formal hearing?
The parties to a formal hearing are:
(a) The applicant;
(b) The Commandant (G-M); and
(c) Any person intervening in the proceedings.
Sec. 148.240 How does a State or a person intervene in a formal
hearing?
(a) Any person or adjacent coastal State may intervene in a formal
hearing.
(b) A person must file a petition of intervention within 10 days
after notice of the formal hearing is issued. The petition must:
(1) Be addressed to the ALJ Docketing Center;
(2) Identify the issues and the petitioner's interest in those
issues; and
(3) Designate the name and address of a person who can be served if
the petition is granted.
(c) An adjacent coastal State need only file a notice of
intervention with the ALJ Docketing Center.
(d) The ALJ has the authority to limit the scope and period of
intervention during the proceeding.
(e) If the ALJ denies a petition of intervention, the petitioner
may file a notice of appeal with the ALJ Docketing Center within 7 days
of the denial. A brief may be submitted with the notice of appeal.
Parties who wish to file a brief in support of or against the notice of
appeal may do so within 7 days of the filing of the notice.
(f) The Commandant (G-M) will rule on the appeal. The ALJ does not
have to delay the proceedings for intervention appeals.
Sec. 148.242 How does a person who is not a party to a formal hearing
present evidence at the hearing?
(a) For a person who is not a party to a formal hearing to present
evidence at the hearing, the person must send a petition to present
evidence to the ALJ Docketing Center before the beginning of the formal
hearing. The petition must describe the evidence that the person will
present and show its relevance to the issues listed in the notice of
formal hearing.
(b) If a petition is granted, the ruling will specify which
evidence is approved to be presented at the hearing.
Sec. 148.244 Who must represent the parties at a formal hearing?
(a) All organizations that are parties to the proceeding must be
represented by an attorney. Individuals may represent themselves.
(b) Any attorney representing a party to the proceeding must file a
notice of appearance according to Sec. 20.301(b) of this chapter.
(c) Each attorney must be in good standing and licensed to practice
before a court of the United States or the highest court of any State,
territory, or possession of the United States.
Sec. 148.246 When is a document considered filed and where must it be
filed?
(a) If a document to be filed is submitted by mail, it is
considered filed on the date it is postmarked. If a document is
submitted by hand delivery or electronically, it is considered filed on
the date received by the clerk.
(b) File all documents and other materials related to an
administrative proceeding at the U.S. Coast Guard Administrative Law
Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street,
Baltimore, MD, 21201-4022.
Sec. 148.248 What happens when a document does not contain all
necessary information?
Any document that does not satisfy the requirements in
Sec. Sec. 20.303 and 20.304 of this chapter will be returned to the
person who submitted it with a statement of the reasons for denial.
Sec. 148.250 Who must be served before a document is filed?
Before a document may be filed by any party, it first must be
served upon:
(a) All other parties; and
(b) The Commandant (G-M).
Sec. 148.252 What is the procedure for having a subpoena served?
(a) A party may submit a request for a subpoena to the ALJ. The
request must show the relevance and scope of the evidence sought.
(b) Requests should be submitted sufficiently in advance of the
hearing so that exhibits and witnesses can be included in the lists
required by Sec. 20.601 of this chapter but may be submitted later
before the end of the hearing if good cause is shown for the late
submission.
(c) A request for a subpoena must be submitted to the ALJ.
(d) A proposed subpoena, such as the form in http://cgweb.comdt.uscg.mil/g-cj/subpoena.doc
, must be submitted with the
request. If you do not use this form, the proposed subpoena must
contain:
(1) The docket number of the proceedings;
(2) The captions ``Department of Homeland Security,'' ``Coast
Guard,'' and ``Licensing of deepwater port for coastal waters off
(insert name of the coastal State closest to the proposed deepwater
port and the docket number of the proceeding)'';
(3) The name and the address of the office of the ALJ;
(4) For a subpoena to give testimony, a statement commanding the
person to whom the subpoena is directed to attend the formal hearing
and give testimony;
(5) For a subpoena to produce documentary evidence, a statement
commanding the person to produce designated documents, books, papers,
or other tangible things at a designated time or place; and
(6) An explanation of the procedure in Sec. 20.309(d) of this
chapter and paragraph (h) of this section for quashing a subpoena.
(e) The procedure for serving a subpoena must follow rule 45 of the
Federal Rules of Civil Procedure, unless the ALJ authorizes another
procedure.
(f) The witness fees for a subpoenaed witness are the same as the
fees for witnesses subpoenaed in U.S. District Courts. The person
requesting the subpoena must pay these fees.
(g) When serving a subpoena, a party must include witness fees in
the form of a check to the individual or organization for one day plus
mileage or, in the case of a government-issued subpoena, a form SF-1157
for reimbursement for witness fees and mileage.
(h) Any person served with a subpoena has 10 days from the time of
service to move to quash the subpoena.
(i) If a person does not comply with a subpoena, the ALJ decides
whether judicial enforcement of the subpoena is necessary. If the ALJ
decides it is, the Commandant (G-M) reviews this decision.
Sec. 148.254 How is a transcript of the hearing prepared?
(a) Under the supervision of the ALJ, the reporter prepares a
verbatim transcript of the hearing. Nothing may be deleted from the
transcript, unless ordered by the ALJ and noted in the transcript.
(b) After a formal hearing is completed, the ALJ certifies and
forwards the record, including the transcript, to the clerk to be
placed into the docket.
(c) At any time within the 20 days after the record is docketed,
the ALJ may make corrections to the certified transcript. When
corrections are filed, they are attached as appendices.
[[Page 757]]
(d) Any motion to correct the record must be submitted within 10
days after the record is docketed.
Sec. 148.256 What happens at the conclusion of a formal hearing?
After closing the record of a formal hearing, the ALJ prepares a
recommended finding on the issues that were the subject of the hearing.
The ALJ submits that finding to the Commandant (G-M).
Approval or Denial of the Application
Sec. 148.276 When must the application be approved or denied?
(a) In 33 U.S.C. 1504, the Deepwater Port 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 can
recommend that MARAD suspend the process if an applicant fails to
provide timely information or requests additional time to comply with a
request.
(b) The Coast Guard must conduct public hearings in each adjacent
Coastal State within 240 days of publication of the notice of receipt
of a deepwater port application.
(c) An application must be approved or denied within 90 days after
the close of the public hearing period specified in paragraph (b) of
this section.
Sec. 148.277 How may Federal agencies and States participate in the
application process?
(a) Under Sec. 148.209, Federal agencies and adjacent coastal
States are sent copies of the application. The agencies and States are
encouraged to begin submitting their comments at that time.
(b) To be considered, comments from Federal agencies and adjacent
coastal States must be received by the Commandant (G-M) within 45 days
after the close of the public hearing period specified in Sec.
148.276(b). Separate comment periods will apply to the review of
documents created during the NEPA process. Both Commandant (G-M) and
MARAD review the comments received.
(c) Comments should identify problems, if any, and suggest possible
solutions.
Sec. 148.279 What are the criteria for approval or denial of an
application?
The criteria for approving or denying a license application appear
in 33 U.S.C. 1503.
Sec. 148.281 What happens when more than one application is submitted
for an oil deepwater port for the same application area?
(a) When more than one application is submitted for an oil
deepwater port for the same application area under 33 U.S.C. 1504(d),
only one application is approved. Except as provided in paragraph (b)
of this section, applicants receive priority in the following order:
(1) An adjacent coastal State (or combination of States), political
subdivision of the State, or an agency or instrumentality, including a
wholly owned corporation of the State;
(2) A person that is:
(i) Not engaged in producing, refining, or marketing oil;
(ii) Not an affiliate of a person engaged in producing, refining,
or marketing oil; or
(iii) Not an affiliate of an affiliate of a person engaged in
producing, refining, or marketing oil; and then
(3) Any other applicant.
(b) MARAD may also approve one of the proposed deepwater ports if
it determines that that port will best serve the national interest. In
making this determination, MARAD considers:
(1) The degree to which each deepwater port will affect the
environment, as determined under the review criteria in subpart G to
this part;
(2) The differences between the anticipated completion dates of the
deepwater ports; and
(3) The differences in costs for construction and operation of the
ports that would be passed on to consumers of oil.
(c) This section does not apply to applications for natural gas
deepwater ports.
Sec. 148.283 When is the application process stopped before the
application is approved or denied?
The Commandant (G-M) recommends to MARAD that the application
process be suspended before the application is approved or denied if:
(a) All applications are withdrawn before MARAD approves one of
them; or
(b) There is only one application; it is incomplete, and the
applicant does not respond to a request by the Commandant (G-M) for
further information, as per Sec. 148.107.
Subpart D--Licenses
Sec. 148.300 What does this subpart concern?
This subpart concerns the license for a deepwater port and the
procedures for transferring, amending, suspending, reinstating,
revoking, and enforcing a license.
Sec. 148.305 What is included in a deepwater port license?
A deepwater port license contains information about the licensee
and the port, and conditions of operation that are set by MARAD.
Licenses are issued in conformance with the Deepwater Ports Act of
1974, as amended, and with rules and policies of MARAD that implement
that Act.
Sec. 148.307 Who may consult with the Commandant (G-M) on developing
the conditions of a license?
Federal agencies, the adjacent coastal States, and the owner of the
deepwater port may consult with the Commandant (G-M) on the conditions
of the license being developed under 33 U.S.C. 1503(e).
Sec. 148.310 How long does a license last?
Each license remains in effect indefinitely unless:
(a) It is suspended or revoked by MARAD; or
(b) It is surrendered by the owner.
Sec. 148.315 How is a license amended, transferred, or reinstated?
(a) MARAD may amend, transfer, or reinstate a license if it finds
that the amendment, transfer, or reinstatement is consistent with the
requirements of the Act and this subchapter.
(b) The owner must submit a request for an amendment, transfer, or
reinstatement to the Commandant (G-M).
Sec. 148.320 How is a license enforced, suspended, or revoked?
MARAD may enforce, suspend, or revoke a license under 33 U.S.C.
1507(c).
Subpart E--Site Evaluation and Pre-Construction Testing
Sec. 148.400 What does this subpart do?
(a) This subpart prescribes requirements under 33 U.S.C. 1504(b)
for the activities that are involved in site evaluation and pre-
construction testing at potential locations for deepwater ports and
that may:
(1) Adversely affect the environment;
(2) Interfere with authorized uses of the Outer Continental Shelf;
or
(3) Pose a threat to human health and welfare.
(b) For the purpose of this subpart, ``site evaluation and pre-
construction testing'' means studies performed at potential deepwater
port locations, including:
(1) Preliminary studies to determine the feasibility of a site;
(2) Detailed studies of the topographic and geologic structure of
the ocean
[[Page 758]]
bottom to determine its ability to support offshore structures and
other equipment; and
(3) Studies done for the preparation of the environmental analysis
required under Sec. 148.105.
Sec. 148.405 What are the procedures for notifying the Commandant (G-
M) of proposed site evaluation and pre-construction testing?
(a) Any person who wants to conduct site evaluation and pre-
construction testing at a potential site for a deepwater port must
submit a written notice to the Commandant (G-M) at least 30 days before
the beginning of the evaluation or testing. The Commandant (G-M)
advises and coordinates with appropriate Federal agencies and the
States concerning activities covered by this subpart.
(b) The written notice must include the following:
(1) The names of all parties participating in the site evaluation
and pre-construction testing;
(2) The type of activities and the way they will be conducted;
(3) Charts showing where the activities will be conducted and the
locations of all offshore structures, including pipelines and cables,
in or near the proposed area;
(4) The specific purpose for the activities;
(5) The dates when the activities will begin and end;
(6) The available data on the environmental consequences of the
activities;
(7) A preliminary report, based on existing data, of the historic
and archeological significance of the area where the proposed
activities are to take place. A report of each contact made with any
appropriate State liaison officer for historic preservation must be
included; and
(8) Additional information, if necessary, in individual cases.
(c) For the following activities, the notice need have only the
information required in paragraphs (b)(1), (b)(2), and (b)(5) of this
section, as well as a general indication of the proposed location and
purpose of the activities:
(1) Gravity and magneto-metric measurements;
(2) Bottom and sub-bottom acoustic profiling without the use of
explosives;
(3) Sediment sampling of a limited nature using either core or grab
samplers, if geological profiles indicate no discontinuities that may
have archeological significance;
(4) Water and biotic sampling, if the sampling does not adversely
affect shellfish beds, marine mammals, or an endangered species, or if
the sampling is permitted by another Federal agency;
(5) Meteorological measurements, including the setting of
instruments;
(6) Hydrographic and oceanographic measurements, including the
setting of instruments; and
(7) Small diameter core sampling to determine foundation
conditions.
(d) A separate written notice is required for each site.
Sec. 148.410 What are the conditions for conducting site evaluation
and pre-construction testing?
(a) No persons may conduct site evaluation and pre-construction
testing unless they comply with this subpart and other applicable laws.
(b) Measures must be taken to prevent or minimize the effect of
activities under 148.400(a).
Sec. 148.415 When conducting site evaluation and pre-construction
testing, what must be reported?
(a) When conducting site evaluation or pre-construction testing,
the following must be immediately reported by any means to the
Commandant (G-M):
(1) Any evidence of objects of cultural, historical, or
archeological significance;
(2) Any adverse effect on the environment;
(3) Any interference with authorized uses of the Outer Continental
Shelf;
(4) Any threat to human health and welfare; and
(5) Any adverse effect on an object of cultural, historical, or
archeological significance.
(b) Within 120 days after the site evaluation or pre-construction
testing, a final written report must be submitted to the Commandant (G-
M) that contains:
(1) A narrative description of the activities performed;
(2) A chart, map, or plat of the area where the activities
occurred;
(3) The dates that the activities were performed;
(4) Information on the adverse effects of items reported under
paragraph (a) of this section;
(5) Data on the historical or archeological significance of the
area where the activities were conducted, including a report by an
underwater archeologist; and
(6) Any additional information required by the Commandant (G-M) on
a case-by-case basis.
Sec. 148.420 When may the Commandant (G-M) suspend or prohibit site
evaluation or pre-construction testing?
(a) The Commandant (G-M) may order, either in writing or orally
with written confirmation, the prohibition or immediate suspension of
any activity related to site evaluation or pre-construction testing,
when the activity threatens harm to:
(1) Human life;
(2) Biota;
(3) Property;
(4) Cultural resources;
(5) Any valuable mineral deposits; or
(6) The environment.
(b) The Commandant (G-M) will consult with the applicant on
measures to remove the cause for suspension.
(c) The Commandant (G-M) may lift a suspension after the applicant
assures the Commandant (G-M) that the activity will no longer cause the
threat on which the suspension was based.
Subpart F--Exemption From or Adjustments to Requirements in This
Subchapter
Sec. 148.500 What does this subpart do?
This subpart provides procedures for requesting an exemption from a
requirement in this subchapter. Commandant (G-M) and MARAD coordinate
in evaluating requests for exemption from the requirements in this
subchapter.
Sec. 148.505 How do I apply for an exemption?
(a) Any person required to comply with a requirement in this
subchapter may submit a petition for exemption from that requirement.
(b) The petition must be submitted in writing to the Commandant (G-
M).
(c) The Commandant (G-M) may require the petition to provide an
alternative to the requirement.
Sec. 148.510 What happens when a petition for exemption involves the
interests of an adjacent coastal State?
If the petition for exemption concerns an adjacent coastal State,
the Commandant (G-M) forwards the petition to the Governor of the State
for the Governor's recommendation.
Sec. 148.515 When is an exemption allowed?
The Commandant (G-M) may recommend that MARAD allow an exemption if
he or she determines that:
(a) Compliance with the requirement would be contrary to public
interest;
(b) Compliance with the requirement would not enhance safety or the
health of the environment;
(c) Compliance with the requirement is not practical because of
local conditions or because the materials or personnel needed for
compliance are unavailable;
(d) National security or national economy justifies a departure
from the rules; or
[[Page 759]]
(e) The alternative, if any, proposed in the petition would:
(1) Ensure comparable or greater safety, protection of the
environment, and quality of construction, maintenance, and operation of
the deepwater port; and
(2) Be consistent with recognized principles of international law.
Sec. 148.600 What is the limit of financial liability?
The financial limit for liability for deepwater ports is set in
accordance with section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704).
Sec. 148.605 How is the limit of liability determined?
(a) The Coast Guard may lower the $350,000,000 limit of liability
for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph
(d) of that section.
(b) Requests to adjust the limit of liability for a deepwater port
must be submitted to Commandant (G-M). Adjustments are established by a
rulemaking that may take place concurrently with the processing of the
deepwater port license application.
Subpart G--Environmental Review Criteria for Deepwater Ports
Sec. 148.700 How does the Deepwater Port Act interact with other
Federal and State laws?
Nothing in this subpart supersedes any Federal, tribal, or State
requirements for the protection of the environment. The applicant must
prepare and submit applications to each respective agency that requires
a permit or license to operate the port. A list of Federal and State
agencies that require certification includes but is not limited to the
Environmental Protection Agency (for clean air and clean water
permits), the Research and Special Programs Administration (Office of
Pipeline Safety) or the Mineral Management Service (or both) for
pipeline approvals, and the appropriate state environmental agency.
Sec. 148.702 How were the environmental review criteria developed?
Under 33 U.S.C. 1505, the Commandant (G-M) must establish
environmental review criteria for use in evaluating a proposed
deepwater port. In developing these criteria, the Coast Guard
considered the requirements for compliance with Federal and state
mandates for the protection of the environment contained in, but not
limited to, such guidance as published by:
(a) The Council on Environmental Quality (40 CFR parts 1500-1508);
(b) Department of Transportation (DOT) Order 5610.10C (Procedures
for Considering Environmental Impacts); and
(c) U.S. Coast Guard Instruction M16475.1D (National Environmental
Policy Act Implementing Procedures and Policy for Considering
Environmental Impacts).
Sec. 148.705 What is determined by the environmental evaluation?
(a) The environmental criteria to be used in evaluating a license
application are established by general consensus of expertise,
scientific opinion, public interest, and institutional requirements,
such as laws and regulations established for the protection of the
environment. Criteria that may be established in future environmental
regulations or other requirements to protect the environment will also
be used.
(b) The environmental criteria to be used in evaluating a license
application are applied to all relevant aspects of:
(1) The fabrication, construction, operation, and decommissioning
phases of a deepwater port;
(2) The operations of the vessels that serve the port;
(3) The port's servicing and support activities;
(4) Shore based construction and fabrication sites;
(5) Shore side supporting facilities (if appropriate) for the
proposed location; and
(6) The No Action alternative and other reasonable alternatives.
(c) The criteria are also applied in a manner that takes into
account the cumulative effects of other reasonably foreseeable actions
as outlined in Sec. 148.708.
Sec. 148.707 What type of criteria will be used in an environmental
review and how will they be applied?
The license application will be reviewed for the deepwater port's
effects on the environment and for the environment's effects on the
port and any of its shore side support facilities. The environmental
evaluation will be applied to the phases of construction, operation,
and decommissioning of the proposed location and at least one
alternative site. The evaluation will determine:
(a) The effect on the environment including but not limited to
impacts on endangered species; essential fish habitat; marine
sanctuaries; archaeological, cultural and historic sites; water; air;
coastal zone management; coastal barrier resources; wetlands; and
floodplains;
(b) The effect on oceanographic currents and wave patterns;
(c) The potential risks to a deepwater port from waves, winds,
weather, and geological conditions and the steps that can be taken to
protect against or minimize these dangers; and
(d) The effect on human health and welfare, including socioeconomic
impacts, environmental justice and protection of children from
environmental health and safety risks.
Sec. 148.708 Must the applicant's proposal reflect potential
regulations?
Although a regulation is of no effect until it has been officially
promulgated, to minimize the subsequent impact that potential
regulations may have on a licensee, an applicant can and should reflect
reasonably foreseeable environmental regulations in planning,
operating, and decommissioning a deepwater port.
Sec. 148.709 How are these criteria reviewed and revised?
The Commandant (G-M) periodically reviews and may revise these
criteria. Reviews and revisions are conducted in accordance with
148.700 of this subpart. The criteria established are consistent with
the National Environmental Policy Act (42 U.S.C. 4321-4347).
Sec. 148.710 What environmental conditions must be satisfied?
(a) MARAD may issue a license to construct a deepwater port under
the Act, with or without conditions, if certain specified conditions
are met. The relevant environmental considerations include, but are not
limited to the following:
(1) Construction and operation of the deepwater port will be in the
national interest and consistent with national security and other
national policy goals and objectives, including energy sufficiency,
environmental quality, and protection from the threat of terrorist
attack and other subversive activity against persons and property on
the port and the vessels and crews calling at the port; and
(2) Under the environmental review criteria in Sec. 148.707 of
this subpart, the applicant has demonstrated that the deepwater port
will be fabricated, constructed, operated, and decommissioned using the
best available technology to prevent or minimize adverse impact on the
environment (33 U.S.C. 1503(c)(3) and 1504).
(b) Under 33 U.S.C. 1504(f), these criteria must be considered in
the preparation of a single, detailed environmental impact statement or
environmental assessment for all timely
[[Page 760]]
applications covering a single application area. Additionally, 33
U.S.C. 1504(i)(3) specifies that, if more than one application is
submitted for an ``application area'' (as defined in 33 U.S.C.
1504(d)(2)), the criteria must be used, among other factors, in
determining whether any one proposed deepwater port clearly best serves
the national interest.
Sec. 148.715 How is an environmental review conducted?
The environmental review of a proposed deepwater port and
reasonable alternatives consists of Federal, tribal, state, and public
review of the following two parts:
(a) An evaluation of the proposal's completeness of environmental
information and quality of assessment, probable environmental impacts,
and identification of procedures or technology that might prevent or
minimize probable adverse environmental impacts; and
(b) An evaluation of the effort made under the proposal to prevent
or minimize its probable environmental impacts. This evaluation will
assess the applicant's consideration of the criteria in Sec. Sec.
148.720 through 148.740 of this subpart.
Sec. 148.720 What are the siting criteria?
In accordance with Sec. 148.715(b), the proposed and alternative
sites for the deepwater port will be evaluated on the basis of how well
each:
(a) Optimizes location to prevent or minimize detrimental
environmental effects;
(b) Minimizes the space needed for safe and efficient operation;
(c) Locates offshore components in areas with stable sea-bottom
characteristics;
(d) Locates onshore components where stable foundations can be
developed;
(e) Minimizes the potential for interference with its safe
operation from existing offshore structures and activities;
(f) Minimizes the danger posed to safe navigation by surrounding
water depths and currents;
(g) Avoids extensive dredging or removal of natural obstacles such
as reefs;
(h) Minimizes the danger to the port, its components, and tankers
calling at the port from storms, earthquakes, or other natural hazards;
(i) Maximizes the permitted use of existing work areas, facilities,
and access routes;
(j) Minimizes the environmental impact of temporary work areas,
facilities, and access routes;
(k) Maximizes the distance between the port and its components and
critical habitats including commercial and sport fisheries, threatened
or endangered species habitats, wetlands, floodplains, coastal
resources, marine management areas, and essential fish habitats;
(l) Minimizes the displacement of existing or potential mining, oil
or gas production or transportation uses;
(m) Takes advantage of areas already allocated for similar use,
without overusing such areas;
(n) Avoids permanent interference with natural processes or
features that are important to natural currents and wave patterns; and
(o) Avoids dredging in areas where sediments contain high levels of
heavy metals, biocides, oil or other pollutants or hazardous materials
and in areas designated wetlands or other protected coastal resources.
Sec. 148.722 Should the construction plan incorporate best available
technology and recommended industry practices?
Each applicant must submit a proposed construction plan. It must
incorporate best available technology and recommended industry
practices as directed in 148.730.
Sec. 148.725 What are the design, construction and operational
criteria?
In accordance with 148.720(b), the deepwater port proposal and
reasonable alternatives will be evaluated on the basis of how well
they:
(a) Reflect the use of best available technology in design,
construction procedures, operations, and decommissioning;
(b) Include safeguards, backup systems, procedures, and response
plans to minimize the possibility and consequences of pollution
incidents such as spills and discharges, while permitting safe
operation with appropriate safety margins under maximum operating loads
and the most adverse operating conditions;
(c) Provide for safe, legal, and environmentally sound waste
disposal, resource recovery, affected area reclamation, and enhanced
use of spoil and waste;
(d) Avoid permanent interference with natural processes or features
that are important to natural currents and wave patterns;
(e) Avoid groundwater drawdown or saltwater intrusion, and
minimizes mixing salt, fresh, and brackish waters;
(f) Avoid disrupting natural sheet flow, water flow, and drainage
patterns or systems;
(g) Avoid interference with biotic populations, especially breeding
habitats or migration routes;
(h) Maximize use of existing facilities;
(i) Provide personnel trained in oil spill prevention at critical
locations identified in the accident analysis;
(j) Provide personnel trained in oil spill mitigation; and
(k) Plan for safe and effective removal of the deepwater port in
the event of its decommissioning.
Sec. 148.730 What are the land use and coastal zone management
criteria?
In accordance with Sec. 148.715(b), the deepwater port proposal
and reasonable alternatives will be evaluated on the basis of how well
they:
(a) Accord with existing and planned land use, including management
of the coastal region, for which purpose the proposal must be
accompanied by a consistency determination from appropriate state
agencies;
(b) Adhere to proposed local and State master plans;
(c) Minimize the need for special exceptions, zoning variances, or
non-conforming uses;
(d) Plan floodplain uses in ways that will minimize wetlands loss,
flood damage, the need for Federally-funded flood protection or flood
relief, or any decrease in the public value of the floodplain as an
environmental resource; and
(e) Avoid permanent alteration or harm to wetlands and take
positive steps to minimize adverse effects on wetlands.
Sec. 148.735 What are other critical criteria that must be evaluated?
In accordance with Sec. 148.715(b), the deepwater port proposal
and reasonable alternatives will be evaluated on the basis of how well
they:
(a) Avoid detrimental effects on human health and safety;
(b) Pose no compromise to national security;
(c) Account for the historic, archeological, and cultural
significance of the area, including any potential requirements for
historical preservation;
(d) Minimize harmful impacts to minorities and children; and
(e) Plan for serious consideration of the proposal that offers the
least potential for environmental harm to the region or potential
mitigation actions, when conflict exists between two or more proposed
uses for a site.
Sec. 148.737 What environmental statutes must an applicant follow?
(a) In constructing and operating a deepwater port, the port must
comply with all applicable Federal, State, and tribal environmental
statutes. A list of the applicable Federal statutes includes but is not
limited to: Abandoned
[[Page 761]]
Shipwreck Act (ASA), 43 U.S.C. 2102, et seq.; American Indian Religious
Freedom Act (AIRFA), 42 U.S.C. 1996, et seq.; Antiquities Act, 16
U.S.C. 433, et seq.; Archeological and Historic Preservation Act
(AHPA), 16 U.S.C. 469; Archeological Resources Protection Act (AHPA),
16 U.S.C. 470 aa-ll, et seq.; Architectural Barriers Act, 42 U.S.C.
4151, et seq.; Clean Air Act (CAA), Pub.L. 95-95, 42 U.S.C. 7401, et
seq.; Clean Water Act of 1977 (CWA), Pub.L. 95-217, 33 U.S.C. 1251, et
seq.; Coastal Barrier Resources Act (CBRA), Pub.L. 97-348, 16 U.S.C.
3510, et seq.; Coastal Zone Management Act (CZMA), Pub.L. 92-583, 16
U.S.C. 1451, et seq.; Community Environmental Response Facilitation Act
(CERFA), 42 U.S.C. 9620, et seq.; Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), also commonly
referred to as SUPERFUND, Pub.L. 96-510, 26 U.S.C. 4611, et seq.;
Consultation and Coordination With Indian Tribal Governments, E.O.
13175, 65 FR 67249; Coral Reef Protection, E.O. 13089, 63 FR 32701;
Department of Transportation Act, Section 4(f), Pub.L. 89-670, 49
U.S.C. 303, Section 4(f), et seq.; Emergency Planning and Community
Right-to-Know Act, 42 U.S.C. 11001-11050, et seq.; Endangered Species
Act of 1973 (ESA), Pub.L. 93-205, 16 U.S.C. 1531, et seq.; Energy
Efficiency and Water Conservation at Federal Facilities, E.O. 12902, 59
FR 11463; Environmental Effects Abroad of Major Federal Agencies, E.O.
12114, 44 FR 1957; Environmental Quality Improvement Act, Pub.L. 98-
581, 42 U.S.C. 4371, et seq.; Farmlands Protection Policy Act, Pub.L.
97-98, 7 U.S.C. 4201, et seq.; Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, E.O. 12898,
59 FR 7629; Federal Compliance with Pollution Control Standards, E.O.
12088, 43 FR 47707; Federal Insecticide, Fungicide, and Rodenticide
Act, Pub.L. 86-139, 7 U.S.C. 135, et seq.; Federal Records Act (FRA),
44 U.S.C. 2101-3324, et seq.; Federalism, E.O. 13083, Fish and Wildlife
Act of 1956, Pub.L. 85-888, 16 U.S.C. 742, et seq.; Fish and Wildlife
Coordination Act, Pub.L. 85-624, 16 U.S.C. 661, et seq.; Fisheries
Conservation and Recovery Act of 1976, Pub.L. 94-265, 16 U.S.C. 1801,
et seq.; Flood Disaster Protection Act, 42 U.S.C. 4001, et seq.;
Floodplain Management and Protection, E.O. 11988, 42 FR 26951; Greening
the Government Through Leadership in Environmental Management, E.O.
13148, 65 FR 24595; Greening the Government Through Waste Prevention,
Recycling, and Federal Acquisition, E.O. 13101, 63 FR 49643; Historic
Sites Act, 16 U.S.C. 46, et seq.; Indian Sacred Sites, E.O. 13007, 61
FR 26771; Intergovernmental Review of Federal Programs, E.O. 12372, 47
FR 30959; Invasive Species, E.O. 13112, 64 FR 6183; Locating Federal
Facilities on Historic Properties in our Nation's Central Cities, E.O.
13006, 61 FR 26071; Magnuson-Stevens Fishery Conservation and
Management Act as amended through October 11, 1996, 16 U.S.C. 1801, et
seq.; Marine Mammal Protection Act of 1972 (MMPA), Pub.L. 92-522, 16
U.S.C. 1361; Marine Protected Areas, E.O. 13158, 65 FR 24909; Marine
Protection, Research, and Sanctuaries Act of 1972, Pub.L. 92-532, 16
U.S.C. 1431, et seq. and 33 U.S.C. 1401, et seq.; Migratory Bird Treaty
Act, 16 U.S.C. 703-712, et seq.; National Environmental Policy Act of
1969 (NEPA), Pub.L. 91-190, 42 U.S.C. 4321, et seq.; National Historic
Preservation Act of 1996 (NHPA), Pub.L. 89-665, 16 U.S.C. 470, et seq.;
Native American Graves Protection and Repatriation Act (NAGPRA), 25
U.S.C. 3001, et seq.; Noise Control Act of 1972, Pub.L. 92-574, 42
U.S.C. 4901, et seq.; Pollution Prevention Act of 1990 (PPA), 42 U.S.C.
13101-13109, et seq.; Protection and Enhancement of Cultural
Environmental Quality, E.O. 11593, 36 FR 8921; Protection and
Enhancement of Environmental Quality, E.O. 11514, 35 FR 4247;
Protection of Children from Environmental Health and Safety Risks, E.O.
13045, 62 FR 19885; Protection of Wetlands, E.O. 11990, 42 FR 26961;
Recreational Fisheries, E.O. 12962, 60 FR 307695; Requiring Agencies to
Purchase Energy Efficient Computer Equipment, E.O. 12845, 58 FR 21887;
Resource Conservation and Recovery Act of 1976 (RCRA), Pub.L. 94-580,
42 U.S.C. 6901, et seq.; Responsibilities of Federal Agencies to
Protect Migratory Birds, E.O. 13186, 66 FR 3853; Safe Drinking Water
Act (SDWA), Pub.L. 93-523, 42, U.S.C. 201, et seq.; Toxic Substances
Control Act (TSCA), 7 U.S.C. 136, et seq.; and Wild and Scenic Rivers
Act, Pub.L. 90-542, 16 U.S.C. 1271, et seq.
(b) In addition, the port must comply with the applicable NEPA
requirements for preparation of a single, detailed environmental study.
PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT
Subpart A--General
Sec.
149.1 What does this part do?
149.5 What definitions apply to this part?
149.10 Where can I obtain a list of Coast Guard approved equipment?
149.15 What is the process for submitting alterations and
modifications affecting the design and construction of a deepwater
port?
Subpart B--Pollution Prevention Equipment
149.100 What does this subpart do?
149.103 What are the requirements for discharge containment and
removal material and equipment?
149.105 What are the requirements for the overflow and relief
valves?
149.110 What are the requirements for pipeline end manifold shutoff
valves?
149.115 What are the requirements for blank flange and shutoff
valves?
149.120 What are the requirements for manually operated shutoff
valves?
149.125 What are the requirements for the malfunction detection
system?
149.130 What are the requirements for the cargo transfer system
alarm?
149.135 What should be marked on the cargo transfer system alarm
switch?
149.140 What communications equipment must be on a deepwater port?
149.145 What are the requirements for curbs, gutters, drains, and
reservoirs?
149.150 What are the requirements for the receipt of oil residues
from vessels?
Subpart C--Lifesaving Equipment
149.300 What does this subpart do?
Manned Deepwater Port Requirements
149.301 What are the requirements for lifesaving equipment?
149.302 What are the requirements when lifesaving equipment is
repaired or replaced?
149.303 What survival craft and rescue boats may be used on a manned
deepwater port?
149.304 What type and how many survival craft and rescue boats must
a manned deepwater port have?
149.305 What are the survival craft requirements for temporary
personnel?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats?
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuation systems?
149.310 What are muster and embarkation requirements for survival
crafts?
149.311 What are the launching and recovery requirements for
lifeboats?
149.312 What are the launching equipment requirements for inflatable
liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements for rescue
boats?
149.315 What embarkation, launching, and recovery arrangements must
rescue boats meet?
149.316 What are the requirements for lifejackets?
149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?
[[Page 762]]
149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring lifebuoys?
149.321 How many ring lifebuoys must be on each deepwater port?
149.322 Where must I locate ring lifebuoys and how must they be
stowed?
149.323 What are the requirements for first aid kits?
149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be on a manned
deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vests and deck
suits?
149.328 How must I stow work vests and deck suits?
149.329 How must I mark work vests or deck suits?
149.330 When may I substitute a work vest or deck suit for a
lifejacket?
149.331 What are the requirements for hybrid personal flotation
devices?
149.332 What are the requirements for inflatable lifejackets?
149.333 What are the marking requirements for lifesaving equipment?
Unmanned Deepwater Port Requirements
149.334 Who must ensure compliance with the requirements for
unmanned deepwater ports?
149.335 When are people prohibited from being on a unmanned
deepwater port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring lifebuoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for a previously approved lifesaving
equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipment that is
not required by this subchapter?
Subpart D--Firefighting and Fire-Protection Equipment
149.400 What does this subpart apply to?
149.401 What are the general requirements for firefighting and fire-
protection equipment?
149.402 What equipment must be approved by the Coast Guard?
149.403 Use of alternate firefighting, fire prevention equipment, or
procedures.
Firefighting Requirements
149.404 Firefighting equipment for which there is no Coast Guard
standard.
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fire extinguisher?
149.407 Must fire extinguishers be on the deepwater port at all
times?
149.408 What are the maintenance requirements for a fire
extinguisher?
149.409 How many fire extinguishers do I need?
149.410 Where must a semi-portable fire extinguisher be located?
149.411 What are the requirements for fireman's outfits?
149.412 How many fire axes do I need?
149.413 On a manned deepwater port, what spaces require a fixed
fire-extinguishing system?
149.414 What are the requirements for a fire-detection and alarm
system?
149.415 What are the requirements for a fire-main on a manned
deepwater port?
149.416 What are the requirements for fire pumps?
149.417 What are the requirements for fire hydrants?
149.418 What are the requirements for fire hoses?
149.419 What are the requirements for a dry chemical fire-
suppression system?
149.420 What firefighting equipment must a helicopter landing deck
on a manned deepwater port have?
149.421 What fire-protection system must a helicopter fueling
facility have?
149.422 Can the water supply for the helicopter deck fire-protection
system be part of a firewater system?
149.423 What are the fire-protection requirements for escape routes?
149.424 What is the requirement for a previously approved fire-
detection and alarm system on a deepwater port?
Subpart E--Aids to Navigation
General
149.500 What does this subpart do?
149.505 What are the general requirements for aids to navigation?
149.510 Permission to establish an aid to navigation.
Lights
149.520 What are the general lighting requirements?
Lights on Platforms
149.535 What are the requirements for rotating beacons on platforms?
Lights on Single Point Moorings (SPM)
149.540 What are the requirements for obstruction lights on an SPM?
Lights on Floating Hose Strings
149.550 What are the requirements for lights on a floating hose
string?
Lights on Buoys Used To Define Traffic Lanes
149.560 How must buoys used to define traffic lanes be marked and
lighted?
149.565 What are the required characteristics and intensity of the
lights on buoys used to define traffic lanes?
Miscellaneous
149.570 How is a platform, SPM, or STL identified?
149.575 How must objects protruding from the water, other than
platforms and SPMs, be marked?
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?
Subpart F--Design and Equipment
General
149.600 What does this subpart do?
149.610 What must the District Commander be notified of and when?
149.615 What construction drawings and specifications are required?
149.620 What happens when the Commandant (G-M) reviews and evaluates
the construction drawings and specifications?
149.625 What are the design standards?
Structural Fire-Protection
149.640 What are the requirements for systems fire-protection?
149.641 What are the requirements for structural fire-protection for
deepwater ports in accommodation spaces and modules?
Single Point Moorings
149.650 What are the requirements for single point moorings and
their attached hoses?
Helicopter Fueling Facilities
149.655 What are the requirements for helicopter fueling facilities?
Emergency Power
149.660 What are the requirements for emergency power?
General Alarm System
149.665 What are the requirements for a general alarm system?
149.670 What are the requirements for marking a general alarm
system?
Public Address System
149.675 What are the requirements for the public address system?
Medical Treatment Rooms
149.680 What are the requirements for medical treatment rooms?
149.685 May I use a medical treatment room for other purposes?
Miscellaneous
149.690 What are the requirements for means of escape, personnel
landings, guardrails, and similar devices and for noise limits?
Means of Escape
149.691 What means of escape are required?
149.692 Where must they be located?
Personnel Landings
149.693 What are the requirements for personnel landings on manned
deepwater ports?
Guardrails and Similar Devices
149.694 What are the requirements for catwalks, floors, and
openings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landing deck
safety net?
Noise Limits
149.697 What are the requirements for a noise level survey?
[[Page 763]]
Portable Lights
149.700 What kind of portable lights may be used on a deepwater
port?
Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).
Subpart A--General
Sec. 149.1 What does this part do?
This part provides requirements for the design and construction of
deepwater ports. It also provides the requirements for equipment for
deepwater ports.
Sec. 149.5 What definitions apply to this part?
Definitions applicable to this part appear in 33 CFR 148.5. In
addition, the following terms are used in this part and have the
indicated meanings:
Accommodation module means a module with one or more accommodation
spaces that is individually contracted for and may be used on one or
more facilities.
Major conversion means a conversion, as determined by the
Commandant (G-M), that substantially changes the dimensions of a
facility, substantially changes the water depth capability of a fixed
facility, substantially changes the carrying capacity of a floating
facility, changes the type of a facility, substantially prolongs the
life of a facility, or otherwise so changes the facility that it is
essentially a new facility.
Service space means a space used for a galley, pantry containing
cooking appliances, storeroom, or workshop other than those in
industrial areas and trunks to those spaces.
Sleeping space means a space provided with bunks for sleeping.
Sec. 149.10 Where can I obtain a list of Coast Guard approved
equipment?
Where equipment in this subchapter must be of an approved type, the
equipment must be specifically approved by the Commandant (G-M), and
the Marine Safety Center for engineering equipment. A list of approved
equipment, including all of the approval series, is available at:
http://cgmix.uscg.mil/Equipment.
Sec. 149.15 What is the process for submitting alterations and
modifications affecting the design and construction of a deepwater
port?
(a) Alterations and modifications affecting the design and
construction of a deepwater port must be submitted to Commandant (G-M)
for review and approval if:
(1) A license has not yet been issued; or,
(2) A license has been issued but the port has not commenced
operations; or,
(3) The alteration and modification are deemed a major conversion;
or,
(4) The alteration or modification substantially changes the manner
in which the port operates or is not in accordance with a condition of
the license.
(b) All other alterations and modifications to the deepwater port
must be submitted to the OCMI 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 port operates or any conditions imposed
in the license.
(d) The licensee is not authorized to proceed with alterations
prior to approval by Commandant (G-M) for the conditions outlined in
paragraph (a) and approval by the cognizant OCMI as required in
paragraph (b) of this section.
(e) Commandant (G-M), during the review and approval process of a
proposed alteration or modification, may consult with the Marine Safety
Center and cooperating federal agencies possessing relevant technical
expertise.
Subpart B--Pollution Prevention Equipment
Sec. 149.100 What does this subpart do?
This subpart provides requirements for pollution equipment on
deepwater ports.
Sec. 149.103 What are the requirements for discharge containment and
removal material and equipment?
(a) Each deepwater port must have a facility response plan that
meets the requirements outlined in subpart F of part 154 of this
chapter and be approved by the cognizant COTP.
(b) The facility response plan must identify adequate spill
containment and removal equipment for port-specific spill scenarios.
(c) Response equipment and material must be pre-positioned for
ready access and use onboard the deepwater port.
Sec. 149.105 What are the requirements for the overflow and relief
valves?
(a) Each oil and natural gas transfer system (OTS/NGTS) must
include a relief valve that, when activated, prevents pressure on any
component of the OTS/NGTS from exceeding its maximum rated pressure.
(b) The transfer system overflow or relief valve must not allow a
discharge into the sea.
Sec. 149.110 What are the requirements for pipeline end manifold
shutoff valves?
Each pipeline end manifold must have a shutoff valve capable of
operating both manually and from the pumping platform complex.
Sec. 149.115 What are the requirements for blank flange and shutoff
valves?
Each floating hose string must have a blank flange and a shutoff
valve at the vessel's manifold end.
Sec. 149.120 What are the requirements for manually operated shutoff
valves?
Each oil and natural gas transfer line, passing through an SPM
buoy, must have a manual shutoff valve on the buoy.
Sec. 149.125 What are the requirements for the malfunction detection
system?
(a) Each oil and natural gas system, between a pumping platform
complex and the shore, must have a system that can detect and locate
leaks and other malfunctions, particularly in high-risk areas.
(b) The marine transfer area on an oil deepwater port must be
equipped with a monitoring system in accordance with 154.525 of this
chapter.
(c) A natural gas deepwater port must be equipped with gas
detection equipment adequate for the type of transfer system (including
storage and re-gasification) used. Commandant (G-M) will evaluate
proposed leak detection systems for natural gas on an individual basis.
Sec. 149.130 What are the requirements for the cargo transfer system
alarm?
(a) Each cargo transfer system must have an alarm to signal a
malfunction or failure in the system.
(b) The alarm must sound automatically in the control room and:
(1) Be capable of being activated at the pumping platform complex;
(2) Have a signal audible in all areas of the pumping platform
complex, except in areas under paragraph (b)(3) of this section;
(3) Have a high intensity flashing light in areas of high ambient
noise levels where hearing protection is required under 150.615 of this
chapter; and
(4) Be distinguishable from the general alarm.
(c) Tankers calling on unmanned deepwater ports must be equipped
with a transfer system alarm described in this section.
Sec. 149.135 What should be marked on the cargo transfer system alarm
switch?
Each switch for activating an alarm, and each audio or visual
device for signaling an alarm, under 149.130, must
[[Page 764]]
be identified by the words ``OIL TRANSFER ALARM'' or ``NATURAL GAS
TRANSFER ALARM'' in red letters at least 1 inch high on a yellow
background.
Sec. 149.140 What communications equipment must be on a deepwater
port?
(a) Each deepwater port must have the following communications
equipment:
(1) A means of continuous two-way voice communication among the
deepwater port and the tankers, support vessels, and other vessels
operating at the port. The means must be usable and effective in all
phases of a transfer and in all conditions of weather at the port;
(2) A means to effectively indicate the need to use the
communication system required by paragraph (a) of this section, even if
the means is the communication system itself; and
(3) Equipment that, for each portable means of communication used
to meet the requirements of this section, is:
(i) Certified under 46 CFR 111.105-11 to be operated in Group D,
Class 1, Division 1 Atmosphere; and,
(ii) Permanently marked with the certification required in
paragraph (a)(3)(i) of this section. As an alternative to this marking
requirement, a document certifying that the portable radio devices in
use are in compliance with this section may be kept at the deepwater
port.
(b) The communication system of the tank ship mooring at an
unmanned port will be deemed the primary means of communicating with
support vessels, shore side, etc.
Sec. 149.145 What are the requirements for curbs, gutters, drains,
and reservoirs?
Each pumping platform complex must have enough curbs, gutters,
drains, and reservoirs to collect, in the reservoirs, all oil and
contaminants not authorized for discharge into the ocean according to
the port's National Pollution Discharge Elimination System (NPDES)
permit.
Subpart C--Lifesaving Equipment
Sec. 149.300 What does this subpart do?
This subpart provides requirements for lifesaving equipment on
deepwater ports.
Manned Deepwater Port Requirements
Sec. 149.301 What are the requirements for lifesaving equipment?
(a) Each deepwater port on which at least one person occupies an
accommodation space for more than 30 consecutive days, in any
successive 12-month period, must comply with the requirements for
lifesaving equipment in this subpart.
(b) Each deepwater port, not under paragraph (a) of this section,
must comply with the requirements for lifesaving equipment for unmanned
deepwater ports in this subpart.
Sec. 149.302 What are the requirements when lifesaving equipment is
repaired or replaced?
When lifesaving equipment is replaced or when the deepwater port
undergoes a repair, alteration, or modification that involves replacing
or adding to the lifesaving equipment complement, the new lifesaving
equipment must meet the requirements of this subpart.
Sec. 149.303 What survival craft and rescue boats may be used on a
manned deepwater port?
(a) Each survival craft on a manned deepwater port must be one of
the following:
(1) A lifeboat meeting the requirements of 149.306 to this subpart;
or
(2) A liferaft meeting the requirements of 149.308 to this subpart.
(b) Each rescue boat on a manned deepwater port must be a rescue
boat meeting the requirements of Sec. 149.314 to this part.
Sec. 149.304 What type and how many survival craft and rescue boats
must a manned deepwater port have?
(a) Except as specified under Sec. 149.305 to this subpart, each
manned deepwater port must have at least the type and number of
survival craft and the number of rescue boats indicated for the
deepwater port in paragraphs (a)(1) through (a)(5) of this section.
(1) For a deepwater port with 30 or fewer persons onboard:
(i) One or more lifeboats with a total capacity of 100 percent of
the personnel onboard;
(ii) One or more liferafts with a total capacity of 100 percent of
the personnel onboard; and
(iii) One rescue boat, except that the rescue boat is not required
for deepwater ports with 8 or fewer persons onboard.
(2) For a deepwater port with 31 or more persons onboard:
(i) At least two lifeboats with a total capacity of 100 percent of
the personnel onboard;
(ii) One or more liferafts with a total capacity so that, if the
survival craft at any one location are rendered unusable, there will be
craft remaining with 100 percent capacity; and
(iii) One rescue boat.
(3) Lifeboats may be substituted for liferafts.
(4) Capacity refers to the total number of persons on the deepwater
port at any one time, not including temporary personnel. Temporary
personnel include: contract workers, official visitors, and any other
persons who are not permanent employees. See Sec. 149.305 in this
subpart for additional survival craft requirements when temporary
personnel are onboard.
(5) The required lifeboats may be used as rescue boats if the
lifeboats also meet the requirements for rescue boats in Sec. 149.314
to this subpart.
(b) Deepwater ports consisting of novel structures or a combination
of fixed and/or floating structures may require additional survival
craft as deemed necessary by Commandant (G-M). In these cases, the type
and number of survival craft must be specified in the operations
manual.
Sec. 149.305 What are the survival craft requirements for temporary
personnel?
(a) When temporary personnel are onboard a manned deepwater port
and the complement exceeds the capacity of the survival craft required
under 149.304 to this subpart, the port must have additional liferafts
to ensure that the total capacity of the survival craft is not less
than 200 percent of the personnel on board at any time.
(b) The liferafts required in paragraph (a) of this section need
not meet the launching requirements of paragraph (b) to Sec. 149.308
of this subpart, but must comply with the stowage requirements of 46
CFR 108.530(c).
Sec. 149.306 What are the requirements for lifeboats?
(a) Lifeboats must be:
(1) Totally enclosed and Coast Guard-approved fire-protected
lifeboats; and
(2) If the hull or canopy is of aluminum, it must be protected in
its stowage position by a water-spray system meeting 46 CFR 34.25.
(b) Each lifeboat must have at least the provisions and survival
equipment required by 46 CFR 108.575(b).
(c) Except for boathooks, the equipment under paragraph (b) of this
section must be securely stowed in the lifeboat.
(d) Each lifeboat must have a list of the equipment it is required
to carry under paragraph (c) of this section. The list must be posted
in the lifeboat.
(e) The manufacturer's instructions for maintenance and repair of
the lifeboat, required under paragraph (a) to Sec. 150.502 of this
chapter, must be in the lifeboat or on a deepwater port.
Sec. 149.307 What are the requirements for free-fall lifeboats?
All free-fall lifeboats must be approved under approval series 46
CFR 160.135.
[[Page 765]]
Sec. 149.308 What are the requirements for liferafts?
(a) All liferafts must be an inflatable liferaft--approved under
approval series 46 CFR 160.151, or a rigid liferaft--approved under
approval series 46 CFR 160.118.
(b) Except as under paragraph (b) to 149.305 of this subpart, each
inflatable or rigid liferaft, boarded from a deck that is more than 14
feet 9 inches above the water, must be davit launched or served by a
marine evacuation system complying with 149.309 to this subpart.
Sec. 149.309 What are the requirements for marine evacuation systems?
All marine evacuation systems must be Coast Guard-approved, and
comply with the launching arrangement requirements for MODU in 46 CFR
108.545.
Sec. 149.310 What are the muster and embarkation requirements for
survival craft?
Muster and embarkation arrangements for survival craft must comply
with 46 CFR 108.540.
Sec. 149.311 What are the launching and recovery requirements for
lifeboats?
(a) Each lifeboat launched by falls, must have a launching and
recovery system that complies with 46 CFR 108.555.
(b) Each free-fall lifeboat must have a launching and recovery
system that complies with 46 CFR 108.557.
Sec. 149.312 What are the launching equipment requirements for
inflatable liferafts?
(a) Each inflatable liferaft, not intended for davit launching,
must be capable of rapid deployment.
(b) Each davit-launchable liferaft must have the following
launching equipment at each launching station:
(1) A launching device approved under approval series 46 CFR
160.163; and
(2) A mechanical disengaging apparatus approved under the approval
series 46 CFR 160.170.
(c) The launching equipment must be operative, both from the
liferaft and from the deepwater port.
(d) Winch controls must be located so that the operator can observe
the liferaft launching.
(e) The launching equipment must be arranged so that a loaded
liferaft does not have to be lifted before it is lowered.
(f) Not more than two liferafts may be launched from the same set
of launching equipment.
Sec. 149.313 How must survival craft be arranged?
The operator must arrange survival craft so that they meet the
requirements of 46 CFR 108.525 (a) and 108.530 and:
(a) Are readily accessible in an emergency;
(b) Are accessible for inspection, maintenance, and testing;
(c) Are in locations clear of overboard discharge piping (or
openings) and obstructions below; and
(d) Have the aggregate capacity to accommodate the total number of
persons authorized to be berthed and are located so as to provide ready
access to the personnel berthing area.
Sec. 149.314 What are the approval and stowage requirements for
rescue boats?
(a) Rescue boats must be approved under approval series 46 CFR
160.156. A lifeboat is acceptable as a rescue boat if it also meets the
requirements for a rescue boat under approval series 46 CFR 160.156.
(b) The stowage of rescue boats must comply with 46 CFR 108.565.
Sec. 149.315 What embarkation, launching, and recovery arrangements
must rescue boats meet?
(a) Each rescue boat must be capable of being launched in a current
of up to 5 knots. A painter may be used to meet this requirement.
(b) Each rescue boat embarkation and launching arrangement must
permit the rescue boat to be boarded and launched in the shortest
possible time.
(c) If the rescue boat is one of the deepwater port's survival
craft, the rescue boat must comply with the muster and embarkation
arrangement requirements of 149.310.
(d) The rescue boat must comply with the embarkation arrangement
requirements of 46 CFR 108.555.
(e) If the launching arrangement uses a single fall, the rescue
boat may have an automatic disengaging apparatus, approved under
approval series 46 CFR 160.170, instead of a lifeboat release
mechanism.
(f) The rescue boat must be capable of being recovered rapidly when
loaded with its full complement of persons and equipment. If a lifeboat
is being used as a rescue boat, rapid recovery must be possible when
loaded with its lifeboat equipment and a rescue boat's complement of at
least six persons.
(g) Each rescue boat-launching appliance must be fitted with a
powered winch motor.
(h) Each rescue boat-launching appliance must be capable of
hoisting the rescue boat, when loaded with a rescue boat's full
complement of persons and equipment, at a rate of not less than 59 feet
per minute.
(i) 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. 149.316 What are the requirements for lifejackets?
(a) Each lifejacket must be approved under approval series 46 CFR
160.002, 160.005, 160.055, 160.077, or 160.176.
(b) Each lifejacket must have a lifejacket light--approved under
approval series 46 CFR 161.012. Each light must be securely attached to
the front shoulder area of the lifejacket.
(c) Each lifejacket must have a whistle permanently attached to the
lifejacket by a cord.
(d) Each lifejacket must be marked with Type I retro-reflective
material--approved under approval series 46 CFR 164.018.
Sec. 149.317 How and where must lifejackets be stowed?
(a) The operator must ensure that lifejackets are stowed, in
readily accessible places, in, or adjacent to, accommodation spaces.
(b) Lifejacket stowage containers, and the spaces housing the
containers, must not be capable of being locked.
(c) The operator must mark each lifejacket container, or lifejacket
stowage location, with the words ``LIFEJACKETS'' in block letters and
the quantity, identity, and size of the lifejackets stowed inside the
containers or stowed at the location.
Sec. 149.318 Must every person on the port have a lifejacket?
The operator must provide a lifejacket that complies with 149.316
to this subpart, for each person on a manned deepwater port.
Sec. 149.319 What additional lifejackets must I have?
For each person on duty in a location where the lifejacket required
by 149.317 of this subpart is not readily accessible, an additional
lifejacket must be stowed so as to be readily accessible to that
location.
Sec. 149.320 What are the requirements for ring lifebuoys?
(a) Ring lifebuoys must be approved under approval series 46 CFR
160.050 or 160.150 (for SOLAS-approved equipment).
(b) Each ring lifebuoy must have a floating, electric water light--
approved under approval series 46 CFR 161.010. The operator must ensure
that the light to the ring lifebuoy is attached by a lanyard of 12-
thread manila, or a
[[Page 766]]
synthetic rope of equivalent strength, not less than 3 feet nor more
than 6 feet in length. The light must be mounted on a bracket near the
ring lifebuoy so that, when the ring lifebuoy is cast loose, the light
will be pulled free of the bracket.
(c) To each ring lifebuoy, there must be attached a buoyant line of
100 feet in length, with a breaking strength of at least 5 KiloNewtons
force. The end of the line must not be secured to the deepwater port.
(d) Each ring lifebuoy must be marked with Type II retro-reflective
material--approved under approval series 46 CFR 164.018.
Sec. 149.321 How many ring lifebuoys must be on each deepwater port?
There must be at least four approved ring lifebuoys on each manned
deepwater port.
Sec. 149.322 Where must ring lifebuoys be located and how must they
be stowed?
(a) The operator must locate one ring lifebuoy on each side of the
port and one near each external stairway leading to the water. One buoy
may be used to satisfy both these requirements.
(b) Each ring lifebuoy must be stowed on or in a rack that is
readily accessible in an emergency. The ring lifebuoy must not be
permanently secured in any way to the rack or the deepwater port.
Sec. 149.323 What are the requirements for first aid kits?
(a) Each manned deepwater port must have an industrial first aid
kit approved by an appropriate organization (e.g., American Red Cross)
for the maximum number of persons on the deepwater port.
(b) The first aid kit must be maintained in a space designated as a
medical treatment room or, if there is no medical treatment room, under
the custody of the person in charge.
(c) The operator must ensure that each first aid kit is accompanied
by a copy of DHHS Publication No. (PHS) 84-2024: ``The Ship's Medicine
Chest and Medical Aid at Sea''--available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, or
the ``American Red Cross First Aid and Safety Handbook''--available
from Little Brown and Company, 3 Center Plaza, Boston, MA 02018.
Sec. 149.324 What are the requirements for litters?
Each manned deepwater port must have at least one Stokes litter, or
other suitable litter, capable of being safely hoisted with an injured
person. The litter must be readily accessible in an emergency.
Sec. 149.325 What emergency communications equipment must be on a
manned deepwater port?
Each manned deepwater port must have a radio, telephone, or other
means of emergency communication with the shore, vessels, and
facilities in the vicinity in the event the primary communications
system outlined in Sec. 149.140 fails. This communication equipment
must have an emergency power source.
Sec. 149.326 What are the immersion suit requirements?
Each manned deepwater port, located North of 32 degrees North
latitude, must comply with the immersion suit requirements in 46 CFR
part 108.
Sec. 149.327 What are the approval requirements for work vests and
anti-exposure suits?
All work vests and anti-exposure (deck) suits, on a manned
deepwater port, must be of a buoyant type approved under:
(a) Approval series 46 CFR 160.053 as a work vest;
(b) Approval series 46 CFR 160.053 or 160.153 as an anti-exposure
suit; or
(c) Approval series 46 CFR 160.077 as a commercial hybrid personal
flotation device.
Sec. 149.328 How must work vests and anti-exposure (deck) suits be
stowed?
All work vests and deck suits must be stowed separately from
lifejackets and in a location that is not easily confused with a
storage area for lifejackets.
Sec. 149.329 How must work vests and deck suits be marked?
All work vests and deck suits must be marked with Type II retro-
reflective material--approved under approval series 46 CFR 164.018.
Sec. 149.330 When may a work vest or deck suit be substituted for a
lifejacket?
(a) A work vest or deck suit meeting Sec. 149.326 of this subpart
may be used instead of a lifejacket, when personnel are working near or
over water.
(b) Work vests or deck suits may not be substituted for any portion
of the number of approved lifejackets required to be on the deepwater
port or an attending vessel for use during drills and emergencies.
Sec. 149.331 What are the requirements for hybrid personal flotation
devices?
(a) The operator must ensure use and stowage of all commercial
hybrid personal flotation devices (PFDs) used as work vests under:
(1) The procedures in the manual required for these devices in 46
CFR 160.077-29; and
(2) All limitations, if any, marked on them.
(b) All commercial hybrid PFDs on the deepwater port must be of the
same or similar design and must have the same method of operation.
Sec. 149.332 What are the requirements for inflatable lifejackets?
(a) Each inflatable lifejacket must be approved under approval
series 46 CFR 160.176.
(b) All inflatable lifejackets on a deepwater port must:
(1) Be used and stowed under the procedures in the manual required
for these lifejackets under 46 CFR 160.176-21;
(2) Be marked with all limitations, if any; and
(3) Be of the same or similar design and must have the same method
of operation.
Sec. 149.333 What are the marking requirements for lifesaving
equipment?
(a) Each lifeboat, rigid liferaft, and survival capsule must be
marked on two opposite outboard sides with the name, number, or other
inscription identifying the deepwater port on which placed and the
number of persons permitted on the craft. Each paddle or oar for these
crafts must be marked with an inscription identifying the deepwater
port. The letters and numbers must be at least 100 millimeters (3.94
inches) high on a contrasting background.
(b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-
33, and after each servicing, 46 CFR 160.151-57(m).
(c) All lifejackets and ring lifebuoys must be conspicuously marked
with the name, number, or other inscription identifying the deepwater
port on which placed. The letters and numbers must be at least 1.5
inches high on a contrasting background. Lifejackets and ring lifebuoys
that accompany mobile crews to unmanned deepwater ports may be marked
with the operator's name and field designation.
Unmanned Deepwater Port Requirements
Sec. 149.334 Who must ensure compliance with the requirements for
unmanned deepwater ports?
The owner or operator of an unmanned deepwater port must ensure
that applicable requirements are complied with on their deepwater port.
Sec. 149.335 When are people prohibited from being on a unmanned
deepwater port?
No person may be on a unmanned deepwater port unless all
requirements of this part are met.
[[Page 767]]
Sec. 149.336 What are the requirements for lifejackets?
(a) Except as under paragraph (b) of this section, each unmanned
deepwater port must have at least one lifejacket complying with 149.316
to this subpart, for each person on the deepwater port. The lifejackets
need to be available for use on the port only when persons are onboard.
(b) During helicopter visits, personnel who have aircraft type
lifejackets may use them as an alternative to the requirements of
paragraph (a) of this section.
Sec. 149.337 What are the requirements for ring lifebuoys?
(a) Each unmanned deepwater port must have at least one ring
lifebuoy complying with 149.320 to this subpart.
(b) If there is no space on the deepwater port for the ring
lifebuoys, they must be on a manned vessel located alongside of the
deepwater port while the persons are on the port.
Sec. 149.338 What are the requirements for immersion suits?
(a) Each unmanned deepwater port, located North of 32 degrees North
latitude, must comply with the immersion suit requirements applicable
to MODU under 46 CFR 108.580-- approval series 46 CFR 160.171. Except
as under paragraph (b) of this section, the immersion suits need be on
the deepwater port only when persons are onboard.
(b) If an attending vessel is moored to the unmanned deepwater
port, the suits may be stowed on the vessel, instead of on the
deepwater port.
Sec. 149.339 What is the requirement for a previously approved
lifesaving equipment on a deepwater port?
Lifesaving equipment (e.g., lifeboats, life rafts, PFDs) on a
deepwater port on January 1, 2004, need not meet the requirements in
this subpart until the equipment needs replacing, provided it is
periodically tested and maintained in good operational condition.
Sec. 149.340 What are the requirements for lifesaving equipment that
is not required by this subchapter?
Each item of lifesaving equipment on a deepwater port that is not
required by this subchapter must be approved by the Commandant (G-M).
Subpart D--Firefighting and Fire-Protection Equipment
Sec. 149.400 What does this subpart apply to?
This subpart applies to all deepwater ports with the exception of
an unmanned port consisting of a submerged turret loading (STL) or
comparable configuration in which cargo transfer operations are
conducted solely aboard the tank vessel by the vessel crew.
Sec. 149.401 What are the general requirements for firefighting and
fire-protection equipment?
Each deepwater port must comply with the requirements for
firefighting and fire-protection equipment in this subpart.
Sec. 149.402 What equipment must be approved by the Coast Guard?
Except as permitted under 149.403, 149.415 (c) or (d), 149.421 (a),
or 149.422, all required firefighting and fire-protection equipment on
a deepwater port must be approved by the Commandant (G-MSE).
Firefighting and fire-protection equipment that supplements required
equipment must also be approved by the Commandant (G-MSE) unless
approval by the OCMI is requested and granted pursuant to 149.403 of
this subpart.
Sec. 149.403 Use of alternate firefighting, fire prevention
equipment, or procedures.
(a) The operator may request the use of alternate equipment or
procedures for those required in this subchapter.
(b) Upon request, the OCMI may allow the use of alternate equipment
or procedures if they will:
(1) Accomplish the purposes for the requirement; and
(2) Provide a degree of safety equivalent to, or greater than, that
provided by the requirement.
(c) The OCMI may require that the requesting party:
(1) Explain why applying the requirement would be unreasonable or
impracticable; or
(2) Submit engineering calculations, tests, or other data to
demonstrate how the requested alternative would comply with paragraph
(b) of this section.
(d) The OCMI may determine, on a case-by-case basis, that
Commandant (G-MSE) must approve the use of the alternate equipment or
procedure.
Firefighting Requirements
Sec. 149.404 Can I use firefighting equipment for which there is no
Coast Guard standard?
A deepwater port may use firefighting equipment for which there is
no Coast Guard standard, as excess equipment, if the equipment does not
endanger the port or the persons aboard in any way. This equipment must
be listed and labeled by a nationally recognized testing laboratory and
it must be maintained in good working condition.
Sec. 149.405 How are fire extinguishers classified?
(a) Portable and semi-portable extinguishers on a manned deepwater
port must be classified using the Coast Guard's marine rating system of
combination letter and number symbol. The letter indicates the type of
fire that the extinguisher is designed to extinguish, and the number
indicates the relative size of the extinguisher.
(b) The letter designations are as follows:
(1) ``A'' for fires in ordinary combustible materials where the
quenching and cooling effects of quantities of water, or solutions
containing large percentages of water, are of first importance;
(2) ``B'' for fires in flammable liquids, greases, or other thick
flammable substances, where a blanketing effect is essential; and
(3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of first importance.
(c) The number designations for size range from ``I'' for the
smallest extinguisher to ``V'' for the largest. Sizes I and II are
portable extinguishers. Sizes III, IV, and V are semi-portable
extinguishers which must be fitted with suitable hose and nozzle or
other practicable means so that all portions of the space concerned may
be covered. Examples of size graduations for some of the typical
portable and semi-portable extinguishers are set forth in table
149.405.
Table 149.405--Portable and Semi-portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Carbon dioxide Dry chemical kilograms
Classification type-size Foam liters (gallons) kilograms (pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
A-II................................ 9.5 (2.5).............. ...................... 2.25(5) \1\
B-II................................ 9.5 (2.5).............. 6.7 (15).............. 4.5 (10)
C-II................................ ....................... 6.7 (15).............. 4.5 (10)
[[Page 768]]
B-IV................................ 7.6 (20)............... 22.5 (50)............. 13.5 (30)
B-V................................. 15.2 (40).............. 45 (100) \2\.......... 22.5 (50) \2\
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Must be specifically approved as a type ``A,'' ``B,'' or ``C'' extinguisher.
\2\ For outside use, double the quantity of agent that must be carried.
Sec. 149.406 What are the approval requirements for a fire
extinguisher?
All portable and semi-portable fire extinguishers must be of an
approved type under 46 CFR part 162, subparts 162.028 and 162.039,
respectively.
Sec. 149.407 Must fire extinguishers be on the deepwater port at all
times?
(a) On a manned deepwater port, the fire extinguishers required by
149.409 to this subpart must be on the deepwater port at all times.
(b) On an unmanned deepwater port, the fire extinguishers required
by 149.409 to this part need be on the deepwater port only when
personnel are working on the deepwater port during cargo transfer
operations or performing maintenance duties.
Sec. 149.408 What are the maintenance requirements for a fire
extinguisher?
All fire extinguishers must be maintained in good working order and
serviced annually in accordance with 46 CFR 107.235.
Sec. 149.409 How many fire extinguishers are needed?
Each particular location must have the number of fire extinguishers
required by table 149.409.
Table 149.409--Portable and Semi-Portable Extinguishers, Minimum
Quantity and Location
------------------------------------------------------------------------
Minimum quantity
Space Classification and location
------------------------------------------------------------------------
(a) Safety Areas:
(1) Communicating corridors. A-II.............. One in each main
corridor or
stairway not more
than 150 feet
apart.
(2) Radio room.............. C-II.............. One outside of or
near each radio
room exit.
(b) Accommodation Spaces: (1) A-II.............. One in each
Sleeping quarters. sleeping space
for more than
four persons.
(c) Service Spaces:
(1) Galleys................. B-II or CII....... One for each 2,500
square feet or
fraction thereof
for hazards
involved.
(2) Storerooms.............. A-II.............. One for each 2,500
square feet or
fraction thereof
located near each
exit, either
inside or outside
of the space.
(3) Paint room.............. B-II.............. One outside each
paint room exit.
(d) Machinery Spaces:
(1) Gas-fired boilers....... B-II OR C-II...... Two.
(2) Gas-fired boilers....... B-V............... One.\1\
(3) Oil-fired boilers....... B-II.............. Two.
(4) Oil-fired boilers....... B-V............... Two.\1\
(5) Internal combustion or B-II.............. One for each
gas turbine engines. engine.\2\
(6) Electric motors and C-II.............. One for each two
generators, both of the motors or
open type. generators.\3\
(e) Helicopter Areas:
(1) Helicopter landing decks B-V............... One at each access
route.
(2) Helicopter fueling B-V............... One at each fuel
facility. transfer
facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
atmosphere at all times, one B-II may be used for every three engines.
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
paragraph of this part.
Sec. 149.410 Where must a portable or semi-portable fire extinguisher
be located?
All portable and semi-portable fire extinguishers under table
149.409 must be located in the open so as to be readily seen.
Sec. 149.411 What are the requirements for fireman's outfits?
(a) Each manned deepwater port with nine or more persons must have
at least two fireman's outfits complying with 46 CFR 108.497.
(b) The person in charge of safety must ensure that:
(1) At least two people trained in the use of fireman's outfits are
on the deepwater port at all times;
(2) Each fireman's outfit and its spare equipment are stowed
together in a readily accessible container or locker; that no more than
one outfit is stowed in the same container or locker and that the two
containers or lockers are located in separate areas to ensure that at
least one is available at all times in the event of a fire; and
(3) Fireman's outfits are not used for any purpose other than
firefighting.
Sec. 149.412 How many fire axes are needed?
Each manned deepwater port must have at least two fire axes per 46
CFR 108.499.
[[Page 769]]
Sec. 149.413 On a manned deepwater port, what spaces require a fixed
fire-extinguishing system?
The manned deepwater port spaces or systems listed in paragraphs
(a) through (c) of this section must be protected by an approved fixed-
gaseous, or other approved fixed-type, extinguishing system.
(a) Paint lockers of capacity in excess of 200 cubic feet and
similar spaces containing flammable liquids.
(b) Galley range or deep fat fryer.
(c) Each enclosed space containing internal combustion or gas
turbine machinery, with an aggregate power of more than 1,000 B.H.P.,
and any associated fuel oil units, purifiers, valves, or manifolds.
Sec. 149.414 What are the requirements for a fire-detection and alarm
system?
(a) All accommodation and service spaces, on a manned deepwater
port, and all spaces or systems of a deepwater port that process,
store, transfer, and re-gasify liquefied natural gas, must have an
automatic fire-detection and alarm system. The system must either
comply with 46 CFR 108.405 or be designed and installed in compliance
with a national consensus standard, as that term is defined in 29 CFR
1910.2, for fire-detection and fire alarm systems, and that complies
with standards set by a nationally recognized testing laboratory, as
that term is defined in 29 CFR 1910.7, for such systems or hardware.
(b) Sleeping quarters must be fitted with smoke detectors that have
local alarms and that may, or may not, be connected to the central
alarm panel.
(c) Each fire-detection and fire alarm system must have a visual
alarm and an audible alarm at a normally manned area.
(d) Each fire-detection and fire alarm system must be divided into
zones to limit the area covered by a particular alarm signal.
Sec. 149.415 What are the requirements for a fire-main system on a
manned deepwater port?
(a) Each pumping platform complex must have a fixed fire-main
system. The system must either:
(1) Comply with 46 CFR 108.415 through 108.429; or
(2) Comply with a national consensus standard, as that term is
defined in 29 CFR 1910.2, for such systems and hardware and comply with
the standards set by a nationally recognized testing laboratory, as
that term is defined in 29 CFR 1910.7, for such systems and hardware.
(b) If the fire-main system meets the requirements outlined in
paragraph (a)(2) of this section, it must provide, at a minimum,
protection to:
(1) Accommodation spaces;
(2) Accommodation modules;
(3) Control spaces; and
(4) Other areas frequented by port personnel. The hose system must
be capable of reaching all parts of these spaces without difficulty.
(d) The fire-main system, under paragraph (a)(2) of this section,
may be part of a firewater system in accordance with 30 CFR 250.803.
(e) A fire-main system for a natural gas deepwater port must also
comply with 33 CFR 127.607.
Sec. 149.416 What are the requirements for fire pumps?
(a) Each manned deepwater port must have at least two independently
driven fire pumps. Each pump must be able to simultaneously deliver two
streams of water at a pitot tube pressure of at least 50 p.s.i/345
k.p.a (75 p.s.i./520 k.p.a. for a natural gas deepwater port)--measured
at the two most remote nozzles.
(b) Each fire pump must have:
(1) A relief valve on its discharge side that is set to relieve at
25 p.s.i/173 k.p.a in excess of the pressure necessary to meet the
requirement in paragraph (a) of this section;
(2) A pressure gauge on its discharge side; and
(3) Its own sea connection.
(c) Fire pumps may only be connected to the fire-main system.
(d) The fire pumps required by paragraph (a) of this section must
be located in separate spaces and the arrangement of pumps, sea
connections, controls, and sources of power must be such as to ensure
that a fire, in any one space, will not put all of the fire pumps out
of service.
(e) The fire pumps must be capable of being started and stopped
from outside the spaces in which they are located.
Sec. 149.417 What are the requirements for fire hydrants?
(a) Fire hydrants must comply with 46 CFR 108.423.
(b) A single length of fire hose, with an attached nozzle, must be
connected to each fire hydrant at all times. If the hose is exposed to
freezing weather, it may be removed from the location during freezing
weather.
(c) Each fire hydrant must have a shutoff valve.
(d) Any equipment that is located in the same space as the fire
hydrant must not impede access to the hydrant.
(e) Each fire hydrant must have at least one spanner wrench at the
fire hydrant.
Sec. 149.418 What are the requirements for fire hoses and fire
nozzles?
(a) Fire hoses must comply with 46 CFR 108.425 and be:
(1) Prominently marked in accordance with 46 CFR 97.37-15; and
(2) If in an exposed location, protected from freezing weather.
(b) Each fire hose and nozzle must comply with 46 CFR 108.425 or a
national consensus standard, as that term is defined in 29 CFR 1910.2,
for such hose and nozzle and the standards set by a nationally
recognized testing laboratory, as that term is defined in 29 CFR
1910.7, for such hose.
Sec. 149.419 What are the requirements for a dry chemical fire-
suppression system?
Each natural gas deepwater port must be equipped with a dry
chemical system that meets the requirements of Sec. 127.609 to this
chapter.
Sec. 149.420 What firefighting equipment must a helicopter landing
deck on a manned deepwater port have?
Each helicopter landing deck on a manned deepwater port must have
the following:
(a) A fire hydrant and hose located near each stairway access to
the landing deck. If the landing deck has more than two stairway
accesses, only two stairway accesses need to have a fire hydrant and
hose. The fire hydrants must be part of the fire-main system; and
(b) Portable fire extinguishers in the quantity and location as
required in table 149.409.
Sec. 149.421 What fire-protection system must a helicopter fueling
facility have?
In addition to the portable fire extinguishers required under table
149.409, each helicopter fueling facility must have a fire-protection
system complying with 46 CFR 108.489.
Sec. 149.422 Can the water supply for the helicopter deck fire-
protection system be part of a firewater system?
(a) The water supply for the helicopter deck fire-protection system
required under Sec. Sec. 149.420 or 149.421 may be part of:
(1) The firewater system (installed in accordance with MMS
regulations under 30 CFR 250.803); or
(2) The fire-main system under Sec. 149.415.
(b) If the water supply for the helicopter deck fire-protection
system is part of an independent accommodation fire-main system, the
piping design and hardware must be compatible with the system and must
comply with the requirements for fire-mains in 46 CFR 108.415 through
108.429.
[[Page 770]]
Sec. 149.423 What are the fire-protection requirements for escape
routes?
At least one escape route from an accommodation space or module to
a survival craft or other means of evacuation, must provide adequate
protection, in accordance with 46 CFR 108.133, for escaping personnel
from fires and explosions. Additional requirements for escape routes
are in subpart F of this part.
Sec. 149.424 What is the requirement for a previously approved fire-
detection and alarm system on a deepwater port?
An existing fire-detection and alarm system on a deepwater port
need not meet the requirements in this subpart until the system needs
replacing, provided it is periodically tested and maintained in good
operational condition.
Subpart E--Aids to Navigation
General
Sec. 149.500 What does this subpart do?
This subpart provides requirements for aids to navigation on
deepwater ports.
Sec. 149.505 What are the general requirements for aids to
navigation?
The following requirements apply to aids to navigation under this
subpart:
(a) Section 66.01-5 of this chapter on application to establish,
maintain, discontinue, change, or transfer ownership of an aid, except
as under 149.510;
(b) Section 66.01-25(a) and (c) of this chapter on discontinuing or
removing an aid. For the purposes of Sec. 66.01-25(a) and (c) of this
chapter, aids to navigation at a deepwater port are considered Class I
aids under Sec. 66.01-15 of this chapter;
(c) Section 66.01-50 of this chapter on protection of an aid from
interference and obstruction; and
(d) Section 66.01-55 of this chapter on transfer of ownership of an
aid.
Sec. 149.510 Permission to establish an aid to navigation.
(a) To establish an aid to navigation on a deepwater port, the
licensee must submit an application under Sec. 66.01-5 of this
chapter, except the application must be sent to the Commandant (G-M).
(b) At least 180 days before the installation of any structure at
the site of a deepwater port, the licensee must submit an application
for obstruction lights and other private aids to navigation for the
particular construction site.
(c) At least 180 days before beginning cargo transfer operations or
changing the mooring facilities at the deepwater port, the licensee
must submit an application for private aids to navigation.
Lights
Sec. 149.520 What are the general lighting requirements?
All deepwater ports must meet the general requirements for
obstruction lights in part 67 of this chapter.
Lights on Platforms
Sec. 149.535 What are the requirements for rotating beacons on
platforms?
In addition to obstruction lights, the tallest platform of a
deepwater port must have a rotating lighted beacon that distinguishes
the deepwater port from other surrounding offshore structures. The
beacon must:
(a) Have an effective intensity of at least 15,000 candela;
(b) Flash at least once every 20 seconds;
(c) Provide a white light signal;
(d) Operate in wind speeds up to 100 knots at a rotation rate that
is within 6 percent of the operating speed displayed on the beacon;
(e) Have one or more leveling indicators permanently attached to
the light, each with an accuracy of 0.25, or better; and
(f) Be located:
(1) At least 60 feet above mean high water;
(2) Where the structure of the platform, or equipment mounted on
the platform, does not obstruct the light in any direction; and
(3) So that it is visible all around the horizon.
Lights on Single Point Moorings (SPM)
Sec. 149.540 What are the requirements for obstruction lights on an
SPM?
(a) The lights for a single point mooring (SPM) must meet the
requirements for obstruction lights in part 67 of this chapter, except
that the lights must be located at least 10 feet above mean high water.
(b) A submerged turret loading (STL) deepwater port is not required
to meet the requirements for obstruction lights, provided it maintains
at least a five-foot clearance beneath the net under-keel clearance for
all vessels, at the mean low water condition, transiting the area.
(c) An STL deepwater port that utilizes a marker buoy must be
lighted in accordance with paragraph (a) of this section.
Lights on Floating Hose Strings
Sec. 149.550 What are the requirements for lights on a floating hose
string?
Hose strings that are floating or supported on trestles shall
display the following lights at night and in periods of restricted
visibility.
(a) One row of yellow lights. The lights must be:
(1) Flashing 50 to 70 times per minute;
(2) Visible all around the horizon;
(3) Visible for at least 2 miles on a clear, dark night;
(4) Not less than 1 and not more than 3.5 meters above the water;
(5) Approximately equally spaced; and
(6) Not more than 10 meters apart where the hose string crosses a
navigable channel, and, also, where the hose string does not cross a
navigable channel, the lights must be sufficient in number to clearly
show the hose string's length and course.
(b) Two red lights at each end of the hose string, including the
ends in a channel where the hose string is separated to allow vessels
to pass, whether open or closed. The lights must be:
(1) Visible all around the horizon;
(2) Visible for at least 2 miles on a clear, dark night; and
(3) One meter apart in a vertical line with the lower light at the
same height above the water as the flashing yellow light.
Lights on Buoys Used To Define Traffic Lanes
Sec. 149.560 How must buoys used to define traffic lanes be marked
and lighted?
(a) Each buoy that is used to define the lateral boundaries of a
traffic lane at a deepwater port must meet 62.25 of this chapter.
(b) The buoy must have an omni-directional light located at least 8
feet above the water.
(c) The buoy light must be located so that the structure of the
buoy, or any other device mounted on the buoy, does not obstruct the
light in any direction.
Sec. 149.565 What are the required characteristics and intensity of
lights on buoys used to define traffic lanes?
(a) The color of the light on a buoy that is used to define the
lateral boundaries of a traffic lane must correspond with the color
schemes for buoys in Sec. 62.25 of this chapter.
(b) The buoy light may be fixed or flashing. If it is flashing, it
must flash at intervals of not more than 6 seconds.
(c) Buoy lights must have an effective intensity of at least 25
candela.
[[Page 771]]
Miscellaneous
Sec. 149.570 How is a platform, SPM, or STL identified?
(a) Each platform, SPM, or STL (protruding above the water/marked
by a buoy) must display the name of the deepwater port and the name or
number identifying the structure, so that the information is visible:
(1) From the water at all angles of approach to the structure; and
(2) If the structure is equipped with a helicopter pad, from
aircraft on approach to the structure.
(b) The information required in paragraph (a) of this section must
be displayed in numbers and letters that are:
(1) At least 12 inches high;
(2) In vertical block style; and
(3) Displayed against a contrasting background.
(c) If a STL protrudes from the water, it must be properly
illuminated in accordance with Sec. 149.540.
Sec. 149.575 How must objects protruding from the water, other than
platforms and SPMs, be marked?
(a) Each object protruding from the water that is within 100 yards
of a platform or SPM must be marked with white reflective tape.
(b) Each object protruding from the water that is more than 100
yards from a platform or SPM must meet the obstruction lighting
requirements in this subpart for a platform.
Sec. 149.580 What are the requirements for a radar beacon?
(a) A radar beacon must be located on the tallest platform of a
pumping platform complex or other fixed structure of the deepwater
port.
(b) The beacon must meet the following:
(1) Be an FCC-type-accepted radar beacon (RACON);
(2) Transmit:
(i) In both the 2900-3100 MHz and 9300-9500 MHz frequency bands; or
(ii) If installed before July 8, 1991, in the 9320-9500 MHz
frequency band;
(3) Transmit a signal of at least 250 milliwatts radiated power
that is omni-directional and polarized in the horizontal plane;
(4) Transmit a two or more element Morse code character, the length
of which does not exceed 25 percent of the radar range expected to be
used by vessels operating in the area;
(5) If of the frequency agile type, be programmed so that it will
respond, at least 40 percent of the time, but not more than 90 percent
of the time, with a response time duration of at least 24 seconds; and
(6) Be located at a minimum height of 15 feet above the highest
deck of the platform and where the structure of the platform, or
equipment mounted on the platform, does not obstruct the signal
propagation in any direction.
Sec. 149.585 What are the requirements for sound signals?
(a) Each pumping platform complex must have a sound signal,
approved under subpart 67.10 of this chapter, that has a 2-mile (3-
kilometer) range. A list of Coast Guard approved sound signals is
available from any District Commander.
(b) Each sound signal must be:
(1) Located at least 10 feet but not more than 150 feet above mean
high water; and
(2) Located where the structure of the platform, or equipment
mounted on it, does not obstruct the sound of the signal in any
direction.
Subpart F--Design and Equipment
General
Sec. 149.600 What does this subpart do?
This subpart provides general requirements for equipment and design
on deepwater ports.
Sec. 149.610 What must the District Commander be notified of and
when?
The District Commander must be notified of the following:
------------------------------------------------------------------------
The District Commander must
When-- be notified--
------------------------------------------------------------------------
(a) Construction of a pipeline, platform, At least 30 days before
or SPM is planned. construction begins.
(b) Construction of a pipeline, platform, Within 24 hours, from the
or SPM begins. date construction begins,
that the lights and sound
signals are in use at the
construction site.
(c) A light or sound signal is changed Within 24 hours of the
during construction. change.
(d) Lights or sound signals used during Within 24 hours of the
construction of a platform, buoy, or SPM replacement.
are replaced by permanent fixtures to
meet the requirements of this part.
(e) The first cargo transfer operation At least 60 days before the
begins. operation.
------------------------------------------------------------------------
Sec. 149.615 What construction drawings and specifications are
required?
(a) To show compliance with the Act and this subchapter, the
licensee must submit to the Commandant (G-M) three copies of:
(1) Each construction drawing and specification; and
(2) Each revision to a drawing and specification.
(b) Each drawing, specification, and revision under paragraph (a)
of this section must bear the seal, or a facsimile imprint of the seal,
of the registered professional engineer responsible for the accuracy
and adequacy of the material.
Sec. 149.620 What happens when the Commandant (G-M) reviews and
evaluates the construction drawings and specifications?
(a) The Commandant (G-M) may concurrently review and evaluate
construction drawings and specifications with the Marine Safety Center
and other federal agencies having technical expertise (such as RSPA and
FERC) in order to ensure compliance with the Act and this subchapter.
(b) Construction may not begin until the drawings and
specifications are approved by the Commandant (G-M).
(c) Once construction begins, the Coast Guard periodically inspects
the construction site to ensure that the construction complies with the
drawings and specifications approved under paragraph (b) of this
section.
(d) When construction is complete, the licensee must submit two
complete sets of as-built drawings and specifications to the Commandant
(G-M).
Sec. 149.625 What are the design standards?
(a) Each component, except for hoses, mooring lines, and aids to
navigation buoys, must be designed to withstand at least the combined
wind, wave, and current forces of the most severe storm that can be
expected to occur at the deepwater port in any 100-year period.
Component design must be appropriate for the protection of human life
on the port or on vessels calling on or servicing the port from death
or serious injury, and to protect the environment.
(b) Heliports on floating deepwater ports must be designed in
compliance with the regulations at 46 CFR part 108.
Structural Fire-Protection
Sec. 149.640 What are the requirements for systems fire-protection?
Manned deepwater ports built after January 1, 2004 and manned
deepwater ports that undergo major conversions must comply with the
requirements for structural fire-protection outlined in this subpart.
[[Page 772]]
Sec. 149.641 What are the requirements for structural fire-protection
for deepwater ports in accommodation spaces and modules?
(a) Accommodations spaces and modules must be designed, located,
and constructed so as to minimize the effects of flame, excess heat, or
blast effects caused by fires and explosions; and to provide safe
refuge from fires and explosions for personnel for the minimum time
needed to evacuate the space.
(b) This requirement may be met by complying with the applicable
portions of 46 CFR part 108, provided that:
(1) The exterior boundaries of superstructures and deckhouses
enclosing these spaces and modules, including any overhanging deck that
supports these spaces and modules, are constructed to the A-60 standard
defined in 46 CFR 108.131(b)(2) for any portion that faces, and is
within 100 feet of, the platform hydrocarbon source; and
(2) The ventilation system must have a means of shutting down the
system and an alarm at a manned location that sounds when any hazardous
or toxic substance enters the system.
(c) As an alternative to paragraph (b) of this section, the
requirement imposed by this section may be met by complying with a
national consensus standard, as that term is defined in 29 CFR 1910.2,
for the structural fire-protection of accommodation spaces and modules,
and that complies with the standards set by a nationally recognized
testing laboratory, as that term is defined by 29 CFR 1910.7, for such
protection, provided that:
(1) All such spaces and modules on manned ports are provided with
automatic fire-detection and alarm systems. The alarm system must
signal a normally manned area both visually and audibly, and be divided
into zones to limit the area covered by a particular alarm signal;
(2) Sleeping quarters are fitted with smoke detectors that have
local alarms that may, or may not, be connected with the central alarm
panel; and
(3) Independent fire walls are constructed and installed so as to
be of size and orientation sufficient to protect the exterior surfaces
of the spaces or modules from extreme radiant heat flux levels and
provide the A-60 standard defined in 46 CFR 108.131(b)(2).
Single Point Moorings
Sec. 149.650 What are the requirements for single point moorings and
their attached hoses?
Each SPM and its attached hose must be designed appropriately for
the protection of the environment and for durability under combined
wind, wave, and current forces of the most severe storm that can be
expected to occur at the port in any 100-year period. The
appropriateness of a design may be shown by its compliance with
standards generally used within the offshore industry that are at least
equivalent, in protecting the environment, to the standards in use on
January 1, 2003, by the American Bureau of Shipping or another
recognized classification society.
Helicopter Fueling Facilities
Sec. 149.655 What are the requirements for helicopter fueling
facilities?
Helicopter fueling facilities must comply with 46 CFR 108.489 or an
equivalent standard.
Emergency Power
Sec. 149.660 What are the requirements for emergency power?
(a) Each pumping platform complex must have emergency power
equipment to provide power to operate simultaneously all of the
following for a continuous period of 18 hours:
(1) Emergency lighting circuits;
(2) Aids to navigation equipment;
(3) Communications equipment;
(4) Radar equipment;
(5) Alarm systems;
(6) Electrically operated fire pumps; and
(7) Other electrical equipment identified as emergency equipment in
the operations manual for the deepwater port.
(b) No emergency power generating equipment may be located in any
enclosed space on a platform that contains oil or natural gas transfer
pumping equipment or other power generating equipment.
General Alarm System
Sec. 149.665 What are the requirements for a general alarm system?
Each pumping platform complex must have a general alarm system that
meets the following:
(a) Is capable of being activated manually by the use of alarm
boxes;
(b) Is audible in all parts of the pumping platform complex, except
in areas of high ambient noise levels where hearing protection is
required under Sec. 150.613 of this chapter; and
(c) Has a high intensity flashing light in areas where hearing
protection is used.
Sec. 149.670 What are the requirements for marking a general alarm
system?
Each of the following must be marked with the words ``GENERAL
ALARM'' in yellow letters at least 1-inch high on a red background:
(a) Each general alarm box; and
(b) Each audio or visual device under Sec. 149.665 for signaling
the general alarm.
Public Address System
Sec. 149.675 What are the requirements for the public address system?
Each pumping platform complex must have a public address system
operable from two locations on the complex.
Medical Treatment Rooms
Sec. 149.680 What are the requirements for medical treatment rooms?
Each deepwater port with sleeping spaces for 12 or more persons,
including persons in accommodation modules, must have a medical
treatment room that has:
(a) A sign at the entrance designating it as a medical treatment
room;
(b) An entrance that is wide enough and arranged to readily admit a
person on a stretcher;
(c) A single berth or examination table that is accessible from
both sides; and
(d) A washbasin located in the room.
Sec. 149.685 May a medical treatment room be used for other purposes?
A medical treatment room may be used as a sleeping space if the
room meets the requirements of this subpart for both medical treatment
rooms and sleeping spaces. It may also be used as an office. However,
when used for medical purposes, the room may not be used as a sleeping
space or office.
Miscellaneous
Sec. 149.690 What are the requirements for means of escape, personnel
landings, guardrails, and similar devices and for noise limits?
Each deepwater port must comply with the requirements for means of
escape, personnel landings, guardrails and similar devices, and noise
limits as outlined in Sec. Sec. 149.691 through 149.699.
Means of Escape
Sec. 149.691 What means of escape are required?
(a) Each deepwater port must have the primary and secondary means
of escape complying with 46 CFR 108.151 for use in evacuating the port.
(b) A primary means of escape consists of a fixed stairway, or a
fixed ladder, constructed of steel.
(c) A secondary means of escape consists of a marine evacuation
system, a portable flexible ladder, a knotted manrope, or a similar
device determined by the OCMI to provide an equivalent or better means
of escape.
[[Page 773]]
(d) Where a secondary means of escape is required, a primary means
of escape may be substituted.
Sec. 149.692 Where must they be located?
(a) Each means of escape must be easily accessible to personnel for
rapidly evacuating the deepwater port.
(b) When two or more means of escape are installed, at least two
must be located as nearly diagonally opposite each other as
practicable.
(c) The following spaces, with a floor area of 300 square feet or
more, must have at least two exits as widely spaced as possible:
(1) Each accommodation space; and
(2) Each space that is used on a regular basis, such as a control
room, machinery room, storeroom, or other space where personnel could
be trapped in an emergency.
(d) Structural appendages to the deepwater port that do not have
living quarters, workshops, offices, or other manned spaces and that
personnel do not occupy continuously (i.e., pumping platform complex)
must have at least one primary means of escape and, as determined
necessary by the OCMI, one or more secondary means of escape.
(e) When personnel are on an unmanned deepwater port, the port must
have, in addition to the one primary means of escape, either:
(1) Another primary means of escape; or
(2) One or more secondary means of escape for every 10 persons
onboard at any one time--located in the work areas.
(f) Structural appendages to an unmanned deepwater port do not
require a primary or a secondary means of escape, unless the OCMI
determines that one or more are necessary.
(g) Each means of escape must extend from the deepwater port's
uppermost working level, to each successively lower working level, and
so on to the water surface.
Personnel Landings
Sec. 149.693 What are the requirements for personnel landings on
manned deepwater ports?
(a) On manned deepwater ports, sufficient personnel landings must
be provided to assure safe access and egress.
(b) The personnel landings must be provided with satisfactory
illumination. The minimum is one foot candle of artificial illumination
as measured at the landing floor and guards and rails.
Guardrails and Similar Devices
Sec. 149.694 What are the requirements for catwalks, floors, and
openings?
(a) The configuration and installation of catwalks, floors, and
openings must comply with 143.110 of this chapter.
(b) This section does not apply to catwalks, floor or deck areas,
and openings:
(1) In areas not normally occupied by personnel; or
(2) On helicopter landing decks.
Sec. 149.695 What are the requirements for stairways?
Stairways must have at least two courses of rails. The top course
must serve as a handrail and be at least 34 inches above the tread.
Sec. 149.696 What are the requirements for a helicopter landing deck
safety net?
A helicopter landing deck safety net must comply with 46 CFR
108.235.
Noise Limits
Sec. 149.697 What are the requirements for a noise level survey?
(a) A survey to determine the maximum noise level during normal
operations must be conducted in each accommodation space, working
space, or other space routinely used by personnel. The recognized
methodology used to conduct the survey must be specified in the survey
results. Survey results must be kept on the deepwater port or, for an
unmanned deepwater port, in the owner's principal office.
(b) The noise level must be measured over 12 hours to derive a
time-weighted-average (TWA) using a sound level meter and an A-weighted
filter or equivalent device.
(c) If the noise level throughout a space is determined to exceed
85 db(A), then signs must be posted with the legend: ``NOISE HAZARD--
HEARING PROTECTORS REQUIRED.'' Signs must be posted at eye level--at
each entrance to the space.
(d) If the noise level is determined to exceed 85 db(A) only in a
portion of a space, the sign described in paragraph (c) of this section
must be posted within that portion in a location visible from each
direction of access.
(e) Working spaces and other areas routinely used by personnel,
other than accommodation spaces, must be designed to limit the noise
level in those areas so that personnel wearing hearing protectors may
hear warning and emergency alarms. If this is not practicable and
warning and emergency alarms cannot be heard, visual alarms in addition
to the audible alarms must be installed.
Portable Lights
Sec. 149.700 What kind of portable lights may be used on a deepwater
port?
Each portable light and its supply cord on a deepwater port must be
designed for the environment where it is used.
PART 150--DEEPWATER PORTS: OPERATIONS
Subpart A--General
Sec.
150.1 What does this part do?
150.5 Definitions.
150.10 What are the general requirements for operations manuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be given to the
Coast Guard?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual.
150.35 How may an adjacent coastal State request an amendment to the
operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or the operations
manual.
150.50 What are the requirements for a facility spill response plan?
Subpart B--Inspections
150.101 What are the requirements for inspecting deepwater ports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receipt of
classification society certifications?
Subpart C--Personnel
150.200 Who must ensure that personnel are qualified?
150.205 What are the language requirements for personnel?
150.210 What are the restrictions on serving in more than one
position?
150.250 What training and instruction are required?
Subpart D--Vessel Navigation
150.300 What does this subpart do?
150.305 How does this subpart apply to unmanned deepwater ports?
150.310 When is radar surveillance required?
150.320 What advisories are given to tankers?
150.325 What is the first notice required before a tanker enters the
safety zone or area to be avoided?
150.330 What is the second notice required before a tanker enters
the safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in the safety
zone or area to be avoided?
150.345 How are support vessels cleared to move within the safety
zone or area to be avoided?
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150.350 What are the rules of navigation for support vessels in the
safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety
zone?
150.380 Under what circumstances may vessels operate within the
safety zone or area to be avoided?
150.385 What is required in an emergency?
Subpart E--Cargo Transfer Operations
150.400 What does this subpart do?
150.405 How must a Cargo Transfer System (CTS) be tested and
inspected?
150.420 What actions must be taken when cargo transfer equipment is
defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration of inspection?
150.435 When are cargo transfers not allowed?
150.440 How may the COTP order suspension of cargo transfers?
150.445 When must oil in an SPM-OTS be displaced with water?
Subpart F--Operations (Emergency Equipment)
150.500 What does this subpart do?
Maintenance and Repair
150.501 How must emergency equipment be maintained and repaired?
Lifesaving Equipment (General)
150.502 What are the maintenance and repair requirements for
lifesaving equipment?
Launching Appliances
150.503 What are the time interval requirements for maintenance on
survival craft falls?
150.504 When must I service and examine lifeboat and rescue-boat
launching appliances?
150.505 When must I service and examine lifeboat and rescue-boat
release gear?
Inflatable Lifesaving Appliances
150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems?
150.507 How must the operator service inflatable lifesaving
appliances?
150.508 What are the maintenance and repair requirements for
inflatable rescue boats?
Operational Tests and Inspections (General)
150.509 How must emergency equipment be tested and inspected?
150.510 How must emergency equipment being tested be operated?
150.511 What are the operational testing requirements for lifeboat
and rescue boat release gear?
Frequency of Tests and Inspections
150.512 What are the weekly tests and inspections?
150.513 What are the monthly tests and inspections?
150.514 What are the annual tests and inspections?
Weight Testing
150.515 What are the requirements for weight-testing of newly
installed or relocated craft?
150.516 What are the periodic requirements for weight-testing?
150.517 How are weight tests supervised?
Personal Safety Gear
150.518 What are the inspection requirements for work vests.
Emergency Lighting and Power Systems
150.519 What are the requirements for emergency lighting and power
systems?
Firefighting and Fire-Protection Equipment
150.520 When must firefighting and fire-protection equipment be
tested and inspected?
150.521 What records are required?
Miscellaneous Operations
150.530 What may the fire-main system be used for?
150.531 How many fire pumps must be kept ready for use at all times?
150.532 What are the requirements for connection and stowage of fire
hoses?
150.540 What are the restrictions on fueling aircraft?
150.550 What are the requirements for the muster list?
150.555 How must cranes be maintained?
Subpart G--Workplace Safety and Health
150.600 What does this subpart do?
Safety and Health (General)
150.601 What are the requirements for workplace safety and health on
a deepwater port?
150.602 What occupational awareness training is required?
150.603 What emergency response training is required?
150.604 Who controls access to medical monitoring and exposure
records?
150.605 What are the procedures for reporting a possible workplace
safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the OCMI
do?
General Workplace Conditions
150.607 What are the general safe working requirements?
Personal Protective Equipment
150.608 Who is responsible for ensuring that personnel use or wear
protective equipment and are trained in its use?
Eyes and Face
150.609 When is eye and face protection required?
150.610 Where must eyewash equipment be located?
Head
150.611 What head protection is required?
Feet
150.612 What footwear is required?
Noise and Hearing Protection
150.613 What are the requirements for a noise monitoring and hearing
protection survey?
Clothing
150.614 When is protective clothing required?
Electrical
150.615 What safe practices are required?
Lockout/Tagout
150.616 What are the requirements for lockout?
150.617 What are the requirements for tagout?
Respiratory Protection
150.618 What are the requirements for respiratory protection?
Fall Arrest
150.619 What are the fall arrest system requirements?
Machine Guards
150.620 What are the requirements for protecting personnel from
machinery?
Slings
150.621 What are the requirements for slings?
Warning Signs
150.622 What are the warning sign requirements?
Confined Space Safety
150.623 What are the requirements for protecting personnel from
hazards associated with confined spaces?
Blood-Borne Pathogens
150.624 What are the requirements for protecting personnel from
blood-borne pathogens?
Hazard Communication Program
150.625 What must the hazard communication program contain?
150.626 What is the hazard communication program used for?
150.627 Must material safety data sheets be available to all
personnel?
150.628 How must the operator label, tag, and mark a container of
hazardous material?
Subpart H--Aids to Navigation
150.700 What does this subpart do?
150.705 What are the requirements for maintaining and inspecting
aids to navigation?
150.710 What are the requirements for supplying power to aids to
navigation?
150.715 What are the requirements for lights used as aids to
navigation?
150.720 What are the requirements for sound signals?
Subpart I--Reports and Records
150.800 What does this subpart do?
Reports
150.805 What reports must be sent both to a classification society
and to the Coast Guard?
[[Page 775]]
150.810 Reporting a problem with an aid to navigation.
150.815 How must casualties be reported?
150.820 When must a written report of casualty be submitted and what
must it contain?
150.825 Reporting a diving-related casualty.
150.830 Reporting a pollution incident.
150.835 Reporting sabotage or subversive activity.
Records
150.840 What records must be kept?
150.845 Personnel records.
150.850 How long must a declaration of inspection form be kept?
Subpart J--Safety Zones, No Anchoring Areas, and Areas To Be Avoided
150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas to be
avoided established?
150.910 What installations, structures, or activities are prohibited
in a safety zone and area to be avoided?
150.915 How are safety zones, no anchoring areas, and areas to be
avoided established and modified?
150.920 How is notice given of new or proposed safety zones, no
anchoring areas, and areas to be avoided?
150.925 How long may a safety zone, no anchoring area, and area to
be avoided last?
150.930 What datum is used for the geographic coordinates in this
subpart?
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).
Subpart A--General
Sec. 150.1 What does this part do?
This part provides requirements for the operation of deepwater
ports.
Sec. 150.5 Definitions.
See Sec. 148.5 of this chapter for the definition of certain terms
used in this part.
Sec. 150.10 What are the general requirements for operations manuals?
(a) Each deepwater port must have an operations manual that
addresses policies and procedures for normal and emergency operations
conducted at the port. The operations manual must, at a minimum,
include the requirements outlined in Sec. 150.15.
(b) The operations manual is reviewed and approved by the
Commandant (G-M), who may consult with the local OCMI, as meeting the
requirements of the Act and this subchapter. The original manual is
approved as part of the application process in part 148 of this
chapter.
(c) The OCMI may approve subsequent changes to the operations
manual, provided Commandant (G-M) is notified and consulted regarding
any significant modifications.
(d) The manual must be readily available on the deepwater port for
use by personnel.
(e) The licensee must ensure that all personnel are trained and
follow the procedures in the manual while at the deepwater port.
Sec. 150.15 What must the operations manual include?
The operations manual required by Sec. 150.10 must identify the
deepwater port and include the information required in this section.
(a) General information. A description of the geographic location
of the deepwater port.
(b) A physical description of the port.
(c) Engineering and construction information, including all defined
codes and standards used for the port structure and systems. The
operator must also include schematics of all applicable systems.
Schematics must show the location of valves, gauges, system working
pressure, relief settings, monitoring systems, and other pertinent
information.
(d) Communications system. A description of a comprehensive
communications plan, including:
(1) Dedicated frequencies;
(2) Communication alerts/notices between deepwater port and
arriving and departing vessels; and
(3) Mandatory time intervals (communication schedules) for
maintaining a live radio watch and monitoring frequencies for
communication with vessels and aircraft.
(e) Facility plan. A plan of the layout of the mooring areas, aids
to navigation, cargo transfer locations, and control stations.
(f) The hours of operation.
(g) The size, type, number, and simultaneous operations of tankers
that the port can handle.
(h) Calculations, with supporting data or other documentation, to
show that the charted water depth at each proposed mooring location is
sufficient to provide at least a net under-keel clearance of 5 feet, at
the mean low water condition.
(i) Tanker navigation procedures. The procedures for the navigation
of tankers, including the information required in paragraphs (i)(1)
through (i)(9) of this section.
(1) The operating limits, maneuvering capability, draft, net under-
keel clearance, tonnage and dimensions (i.e., length, width and
breadth) of the tanker to be accommodated at each designated mooring.
(2) The speed limits proposed for tankers in the safety zone and
navigation area to be avoided around the port.
(3) Any special navigation or communication equipment that may be
required for operating in the safety zone and area to be avoided.
(4) The measures for routing vessels, including a description of
the radar navigation system to be used in operation of the deepwater
port:
(i) Type of radar;
(ii) Characteristics of the radar;
(iii) Antenna location;
(iv) Procedures for surveillance of vessels approaching, departing,
and transiting the safety zone and navigation area to be avoided;
(v) Advisories to each tanker underway in the safety zone regarding
the vessel's position, port conditions, and status of adjacent vessel
traffic;
(vi) Notices that must be made, as outlined in Sec. 150.325, by
the tanker master regarding the vessel's characteristics and status;
and
(vii) Rules for navigating, mooring, and anchoring in a safety
zone, area to be avoided, and anchorage area.
(5) Any mooring equipment needed to make up to the SPM.
(6) The procedures for clearing tankers, support vessels, and other
vessels and aircraft during emergency and routine conditions.
(7) Weather limits for tankers, including a detailed description of
the manner of forecasting the wind, wave, and current conditions for:
(i) Shutdown of cargo transfer operations;
(ii) Departure of the tanker from the mooring;
(iii) Prohibition on mooring at the DWP or SPM; and
(iv) Shutdown of all port operations and evacuation of the port.
(8) Any special illumination requirements for vessel arrival,
discharge, and departure operations.
(9) Any special watch standing requirements for vessel transiting,
mooring, or while at anchor.
(j) Personnel. The duties, title, qualifications, and training of
all port personnel responsible for managing and carrying out the
following port activities and functions:
(1) Vessel traffic management;
(2) Cargo transfer operations;
(3) Safety and fire-protection;
(4) Maintenance and repair operations;
(5) Emergency procedures; and
(6) Port security.
(k) The personnel assigned to supervisory positions must be
designated, in writing, by the licensee
[[Page 776]]
and have the appropriate experience and training to satisfactorily
perform their duties. Commandant (G-M) will review and approve the
qualifications for all proposed supervisory positions.
(l) Cargo transfer procedures. The procedures for transferring
cargo must comply with the applicable requirements of parts 154 and 156
for oil and subpart B to part 127 for natural gas, respectively, of
this chapter including the requirements specified in paragraphs (l)(1)
through (l)(10) of this section.
(1) The requirements for oil transfers in accordance with subpart A
to part 156 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment (i.e., hoses,
connectors, closure devices, monitoring devices, and containment);
(iii) Connecting and disconnecting of transfer equipment, including
to a floating hose string for a single-point mooring;
(iv) Preparation of the Declaration of Inspection (DOI); and
(v) Supervision by a Person in Charge (PIC).
(2) The requirements for natural gas transfers in accordance with
subpart B to part 127 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment (i.e., hoses,
connectors, closure devices, leak monitoring devices, and containment);
(iii) Connecting and disconnecting of transfer equipment, including
to a floating hose string for a SPM;
(iv) Purging of line to test for leaks and in preparation for cool
down or heat up phases as appropriate;
(v) Preparation of the Declaration of Inspection (DOI); and
(vi) Supervision by a port PIC.
(3) The shipping name of, and Material Safety Data Sheet on, the
product(s) transferred.
(4) The duties, title, qualifications, and training of personnel of
the port designated as the PIC and responsible for managing cargo
transfers (including ballasting operations if applicable to the port),
in accordance with subpart D of part 154 for oil and subpart B
(Operations) of part 127 for natural gas, respectively of this chapter.
(5) Minimum requirements for watch personnel onboard the vessel
during transfer operations (i.e., personnel necessary for checking
mooring gear, monitoring communications and having propulsion/steering
on standby).
(6) The start-up and completion of pumping.
(7) Emergency shutdown.
(8) The maximum relief valve settings, the maximum available
working pressure and hydraulic shock to the system without relief
valves, or both.
(9) Equipment necessary to discharge cargo to the port complex
without harm to the environment or to persons involved in the cargo
transfer, including piping, adapters, bolted flanges and quick
disconnect coupling.
(10) Describing the method to be used to water and de-water the SPM
hoses when required.
(m) Unusual arrangements that may be applicable, including:
(1) A list and description of any extraordinary equipment or
assistance available to vessels with inadequate pumping capacity, small
cargoes, small diameter piping, or inadequate crane capacity; and
(2) A description of special storage or delivery arrangements for
unusual cargoes (i.e., cool down requirements for transfer system
components prior to transfer of LNG).
(n) Maintenance procedures. A maintenance program to document
service and repair of:
(1) Cargo transfer equipment;
(2) Firefighting and Fire protection equipment;
(3) Safety equipment; and
(4) Cranes.
(o) Occupational health and safety training procedures. Policy and
procedures to address occupational health and safety requirements
outlined in Sec. Sec. 150.600 to 150.632 of this subpart, including:
(1) Employee training in safety and hazard awareness and proper use
of personnel protective equipment;
(2) Physical safety measures in the workplace (i.e., housekeeping
and illumination of walking and working areas);
(3) Fall arrest;
(4) Personnel transfer nets;
(5) Hazard communication (Right to Know);
(6) Permissible exposure limits (PEL);
(7) Machine guarding;
(8) Electrical safety;
(9) Lockout/Tagout;
(10) Crane safety;
(11) Sling usage;
(12) Hearing conservation;
(13) Hot work;
(14) Warning signs;
(15) Confined space safety; and
(16) Initial and periodic training and certification will be
documented for each port employee and for visitors where appropriate
(e.g., safety orientation training).
(p) Emergency procedures. Emergency internal and external
notification procedures:
(1) Names and numbers of key port personnel; and
(2) Names and numbers of law enforcement and response agencies.
(q) Quantity, type, location, and use of safety and fire-protection
equipment, including fire plan.
(r) Aerial operations (helicopter landing pad procedures).
(s) Port response procedures for:
(1) Fire;
(2) Reportable product spill;
(3) Personnel injury (including confined space rescue); and
(4) Terrorist activity (see Port Security Plan).
(t) Designation of and assignment of port personnel to response
teams for specific contingencies.
(u) Individual and team training for incident response (in
accordance with 46 CFR 109.213) as specified in paragraphs (u)(1)
through (u)(3) of this section.
(1) Care and use of equipment.
(2) Emergency drills and response:
(i) Types;
(ii) Frequency (at least annually); and
(iii) Documentation (records, reports and dissemination of
``lessons learned'').
(3) Documentation of minimum training requirements for response
team members:
(i) Marine firefighting training;
(ii) First Aid/CPR;
(iii) Water survival;
(iv) Spill response and clean-up;
(v) Identification of at least one employee trained and certified
at the level of an Emergency Medical Technician-Basic; and
(vi) Identification of at least two employees trained and certified
as offshore competent persons in prevention of inadvertent entry into
hazardous confined spaces.
(v) Deepwater port security procedures. A deepwater port security
plan that addresses security issues, including, but not limited to:
(1) Controlling access of personnel and the introduction of goods
and material into the port;
(2) Monitoring and alerting vessels that approach or enter the
port's security zone;
(3) Identifying risks and procedures for increasing the probability
of detecting and deterring terrorist or subversive activity (such as
using security lighting and designating restricted areas within the
port and remotely alarming them, as appropriate);
(4) Notification requirements (both internally and externally) and
response requirements in the event of a perceived threat or an attack
on the port;
(5) Designating the Port Security Officer, providing positive and
[[Page 777]]
verifiable identification of personnel with access to the port;
(6) The training (including drills) required for all personnel
regarding security issues; and
(7) The scalability of actions and procedures for the various
levels of threat. Deepwater port operators should ensure that security
plans address or are comparable to the key security plan elements
provided in 33 CFR part 106.
(w) Procedures for any special operations, including:
(1) Evacuation and re-manning procedures;
(2) Refueling operations;
(3) Diving operations;
(4) Support vessel operations; and
(5) Providing logistical services.
(x) Recordkeeping of maintenance procedures, tests, and emergency
drills outlined elsewhere in the operations manual.
(y) Environmental monitoring procedures. A program for monitoring
the environmental effects of the port and its operations in order to
maintain compliance with the environmental conditions in the license
and applicable environmental laws.
(1) Routine periodic re-examination of the physical, chemical, and
biological factors contained in the port's environmental impact
analysis and baseline study submitted with the license application. The
examination process must include water and air monitoring in accordance
with appropriate Federal and State statutes.
(2) A more detailed study may be required in the wake of an event
such as an inadvertent release.
Sec. 150.20 How many copies of the operations manual must be given to
the Coast Guard?
The draft operations manual will be included as part of the
application submission. After a license has been issued and approval of
the final operations manual is granted, the licensee must give the
Commandant (G-M) at least five copies and five copies of each
subsequent amendment to the manual.
Sec. 150.25 Amending the operations manual.
(a) Whenever the cognizant COTP finds that the operations manual
does not meet the requirements of this part, the COTP notifies the
licensee, in writing, of the inadequacies in the manual.
(b) Within 45 days after the notice under paragraph (a) of this
section is sent, the licensee must submit written proposed amendments
to eliminate the inadequacies.
(c) The cognizant COTP reviews the amendments and makes a
determination as to the adequacy of the amendments and notifies the
licensee of the determination.
(d) If the COTP decides that an amendment is necessary, the
amendment goes into effect 60 days after the COTP notifies the licensee
of the amendment.
(e) The licensee may petition the Commandant (G-M), via the
appropriate district office, to review the decision of the COTP. In
this case, the effective date of the amendment is delayed pending the
Commandant's decision. Petitions must be made (in writing) and
presented to the COTP for forwarding to the Commandant (G-M).
(f) If the COTP finds that a particular situation requires
immediate action to prevent a spill or discharge, or to protect the
safety of life and property, the COTP may issue an amendment effective
on the date that the licensee receives it. The COTP 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.
Sec. 150.30 Proposing an amendment to the operations manual.
(a) The licensee may propose an amendment to the operations manual:
(1) By submitting (in writing) the amendment and reasons for the
amendments to the COTP 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
COTP in writing.
(b) The COTP responds to a proposed amendment by notifying the
licensee, in writing, before the requested date of the amendment
whether the request is approved. If the request is disapproved, the
COTP includes the reasons for disapproval in the notice. If the request
is for an immediate amendment, the COTP responds as soon as possible.
Sec. 150.35 How may an adjacent coastal State request an amendment to
the operations manual?
(a) An adjacent coastal State connected by pipeline to the
deepwater port may petition the cognizant COTP to amend the operations
manual. The petition must include sufficient information to allow the
COTP to reach a decision concerning the proposed amendment.
(b) After the COTP receives a petition, the COTP requests comments
from the licensee.
(c) After reviewing the petition and comments, and considering the
costs and benefits involved, the COTP may approve the petition if the
proposed amendment will provide equivalent or improved protection and
safety. The adjacent coastal State may petition the Commandant (G-M) to
review the decision of the COTP. Petitions must be made in writing and
presented to the COTP for forwarding to the Commandant (G-M) via the
District Commander.
Sec. 150.40 Deviating from the operations manual.
If, because of a particular situation, the licensee needs to
deviate from the operations manual, the licensee must submit a written
request to the COTP explaining why the deviation is necessary and what
alternative is proposed. If the COTP determines that the deviation
would ensure equivalent or greater protection and safety, the COTP
authorizes the deviation and notifies the licensee in writing.
Sec. 150.45 Emergency deviation from this subchapter or the
operations manual.
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 COTP at the earliest possible time.
Sec. 150.50 What are the requirements for a facility spill response
plan?
(a) Each deepwater port, which meets the applicability requirements
of part 154, subpart F, of this chapter must have a Facility Response
Plan and be approved by the COTP.
(b) Each natural gas deepwater port must have a natural gas
facility emergency plan that meets part 127, subpart B of this chapter.
(c) The response plan must be submitted to the COTP, in writing,
not less than 60 days before the deepwater port begins operation.
Subpart B--Inspections
Sec. 150.100 What are the requirements for inspecting deepwater
ports?
Under the direction of the OCMI, 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 COTP deems necessary, and
may coincide with receipt of the annual self-inspection report from the
operator to ensure stated conditions are accurate.
[[Page 778]]
Sec. 150.105 What are the requirements for annual self-inspection?
(a) The owner or operator of each manned deepwater port must ensure
that the port is inspected, at intervals of no more than 12 months, to
determine whether the facility is in compliance with the requirements
of this subchapter. The inspection may be conducted within 2 months
after the date the inspection is due. However, the inspection is
credited as of 12 months after the previous due date.
(b) The owner or operator must record and submit the results of the
annual self-inspection to the COTP within 30 days after completion of
the inspection. The report must include a description of any failure
and scope of repairs made to components or equipment, in accordance
with the requirements in Subpart I to this part, other than the primary
lifesaving or firefighting or transfer equipment.
Sec. 150.110 What are the notification requirements upon receipt of
classification society certifications?
The licensee must notify the COTP, in writing, upon receipt of a
classification society certification, interim class certificate, or SPM
classification certificate.
Subpart C--Personnel
Sec. 150.200 Who must ensure that port personnel are qualified?
The licensee must ensure that the individual filling a position
meets the qualifications for that position as outlined in the
operations manual.
Sec. 150.205 What are the language requirements for port personnel?
Only persons who read, write, and speak English may occupy the
essential management positions outlined in the operations manual.
Sec. 150.210 What are the restrictions on serving in more than one
position?
No person may serve in more than one of the essential management
positions outlined in the operations manual at any one time.
Sec. 150.225 What training and instruction are required?
Personnel must receive training and instruction commensurate with
the position they hold. Procedures for documenting employee training
must be outlined in the operations manual.
Subpart D--Vessel Navigation
Sec. 150.300 What does this subpart do?
This subpart supplements the international navigation rules in
subchapter D of this chapter, and prescribes requirements that:
(a) Apply to the navigation of all vessels at or near a deepwater
port; and
(b) Apply to all vessels while in a safety zone, area to be
avoided, or no anchoring area.
Sec. 150.305 How does this subpart apply to unmanned deepwater ports?
The master of any tanker calling at an unmanned deepwater port is
responsible for the safe navigation of the vessel to and from the port
and for the required notifications in Sec. 150.325. Once the tanker is
connected to the unmanned deepwater port, the master must maintain
radar surveillance in compliance with the requirements of Sec.
150.310.
Sec. 150.310 When is radar surveillance required?
A manned deepwater port's person in charge of vessel operations
must maintain radar surveillance of the safety zone or area to be
avoided when:
(a) A tanker is proceeding to the safety zone after submitting the
report required in Sec. 150.325;
(b) A tanker or support vessel is underway in the safety zone or
area to be avoided;
(c) A vessel other than a tanker or support vessel is about to
enter or is underway in the safety zone or area to be avoided; or
(d) As described in the port security plan.
Sec. 150.320 What advisories are given to tankers?
A manned deepwater port's person in charge of vessel operations
must advise the master of each tanker underway in the safety zone or
area to be avoided of the following:
(a) At intervals not exceeding 10 minutes, the vessel's position by
range and bearing from the pumping platform complex; and
(b) The position and the estimated course and speed, if moving, of
all other vessels that may interfere with the movement of the tanker
within the safety zone or area to be avoided.
Sec. 150.325 What is the first notice required before a tanker enters
the safety zone or area to be avoided?
(a) The owner, master, agent, or person in charge of a tanker bound
for a manned deepwater port must comply with the notice of arrival
(NOA) requirements in subpart C of part 160 of this chapter. The NOA
will be submitted to the National Vessel Movement Center (NVMC) that
was established in October 2001 to track arrival information from
vessels entering U.S. waters.
(b) The owner, master, agent, or person in charge of a tanker bound
for a manned deepwater port must report the pertinent information
required in Sec. 150.15(i)(4)(vi) for the vessel including:
(1) The name, gross tonnage, and draft of the tanker;
(2) The type and amount of cargo in the tanker;
(3) The location of the tanker at the time of the report;
(4) Any conditions on the tanker that may impair its navigation,
such as fire or malfunctioning propulsion, steering, navigational, or
radiotelephone equipment. The testing requirements in Sec. 164.25 of
this chapter are applicable to vessels arriving at a deepwater port;
(5) Any leaks, structural damage, or machinery malfunctions that
may impair cargo transfer operations or cause a product discharge; and
(6) The operational condition of the equipment listed under Sec.
164.35 of this chapter on the tanker.
(c) If the estimated time of arrival changes by more than 6 hours
from the last reported time, the NVMC and the port's person in charge
of vessel operations must be notified of the correction as soon as the
change is known.
(d) If the information reported in paragraphs (b)(4) or (b)(5) of
this section changes at any time before the tanker enters the safety
zone or area to be avoided at the deepwater port, or while the tanker
is in the safety zone or area to be avoided, the master of the tanker
must report the changes to the NVMC and port's person in charge of
vessel operations as soon as possible.
Sec. 150.330 What is the second notice required before a tanker
enters the safety zone or area to be avoided?
When a tanker bound for a manned deepwater port is 20 miles from
entering the port's safety zone or area to be avoided, the master of
the tanker must notify the port's person in charge of vessel operations
of the tanker's name and location.
Sec. 150.340 What are the rules of navigation for tankers in the
safety zone or area to be avoided?
(a) A tanker must enter or depart the port's safety zone or area to
be avoided in accordance with the navigation procedures in the port's
approved operations manual as described in Sec. 150.15(i).
(b) A tanker must not anchor in the safety zone or area to be
avoided, except in a designated anchorage area.
(c) A tanker may not enter a safety zone or area to be avoided in
which
[[Page 779]]
another tanker is present, unless it has been cleared by the person in
charge of the port and no other tankers are underway.
(d) A tanker must not operate, anchor, or moor in any area of the
safety zone or area to be avoided in which the net under-keel clearance
would be less than 5 feet.
Sec. 150.345 How are support vessels cleared to move within the
safety zone or area to be avoided?
All movements of support vessels within a manned deepwater port's
safety zone or area to be avoided must be cleared in advance by the
port's person in charge of vessel operations.
Sec. 150.350 What are the rules of navigation for support vessels in
the safety zone or area to be avoided?
A support vessel must not anchor in the safety zone or area to be
avoided, except:
(a) In an anchorage area; or
(b) For vessel maintenance, which, in the case of a manned
deepwater port, must be cleared by the port's person in charge of
vessel operations.
Sec. 150.355 How are other vessels cleared to move within the safety
zone?
(a) Clearance by a manned deepwater port's person in charge of
vessel operations is required before a vessel, other than a tanker or
support vessel, enters the safety zone.
(b) The port's person in charge of vessel operations may clear a
vessel under paragraph (a) of this section only if its entry into the
safety zone would not:
(1) Interfere with the purpose of the deepwater port;
(2) Endanger the safety of life or property or the environment; or
(3) Be prohibited by regulation.
(c) At an unmanned deepwater port, such as a submerged turret
landing (STL) system, paragraphs (a) and (b) of this section would
apply once a tanker connects to the STL buoy.
Sec. 150.380 Under what circumstances may vessels operate within the
safety zone or area to be avoided?
(a) Table 150.380(a) of this section lists the areas within a
safety zone and area to be avoided where a vessel may operate and the
clearance needed for that location.
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(b) If the activity is not listed in table 150.380(a) of this
section, or is not otherwise provided for in this subpart, the COTP's
permission is required first.
Sec. 150.385 What is required in an emergency?
In an emergency, for the protection of life or property, a vessel
may deviate from a vessel movement requirement in this subpart without
clearance from a manned deepwater port's person in charge of vessel
operations if the master advises the port PIC of the reasons for the
deviation at the earliest possible moment.
Subpart E--Cargo Transfer Operations
Sec. 150.400 What does this subpart do?
This subpart prescribes rules that apply to the transfer of oil or
natural gas at a deepwater port.
Sec. 150.405 How must a Cargo Transfer System (CTS) be tested and
inspected?
(a) No person may transfer oil or natural gas through a CTS at a
deepwater port unless it has been inspected and tested according to
this section.
(b) The SPM-CTS must be maintained as required by the design
standards used to comply with Sec. 149.650 of this chapter.
(c) If the manufacturer's maximum pressure rating for any cargo
transfer hose in a SPM-CTS has been exceeded (unless it was exceeded
for testing required by this section), the hose must be:
(1) Removed;
(2) Hydrostatically tested to 1.5 times its maximum working
pressure for oil or 1.1 times its maximum working pressure for natural
gas; and
(3) Visually examined externally and internally for evidence of:
(i) Leakage;
(ii) Loose covers;
(iii) Kinks;
(iv) Bulges;
(v) Soft spots; and
(vi) Gouges, cuts, or slashes that penetrate the hose
reinforcement.
(d) Each submarine hose used in cargo transfer operations in a SPM-
CTS must have been removed from its coupling, surfaced, and examined as
described in paragraphs (c)(2) and (c)(3) of this section within the
preceding 2 years for oil or 15 months for natural gas; and
(e) Before resuming cargo transfer operations, each submarine hose
in a SPM-CTS must be visually examined in place as described in
paragraph (c)(3) of this section after cargo transfer operations are
shut down due to sea conditions at the deepwater port.
Sec. 150.420 What actions must be taken when cargo transfer equipment
is defective?
When any piece of equipment involved in cargo transfer operations
(oil or natural gas) is defective:
(a) The piece of equipment must be replaced or repaired before
making any further cargo transfers; and
(b) The repaired or replaced piece must meet or exceed its original
specifications. Repairs must be conducted in accordance with the port-
specific maintenance program outlined in the operations manual, and
that program must provide for the repair of natural gas transfer hoses
in accordance with Sec. 127.405 of this chapter.
Sec. 150.425 What are the requirements for transferring cargo?
Cargo transfer procedures must be outlined in the port operations
manual and must provide:
(a) Oil transfer procedures that accord with Sec. 156.120 of this
chapter; and
(b) Natural gas transfer procedures that accord with Sec. Sec.
127.315, 127.317 and 127.319 of this chapter.
Sec. 150.430 What are the requirements for a declaration of
inspection?
(a) No person may transfer cargo from a tanker to a manned
deepwater port unless a declaration of inspection complying with Sec.
156.150(c) (for oil) or Sec. 127.317 (for natural gas) of this chapter
has been filled out and signed by the vessel's officer in charge of
cargo transfer and the person in charge of cargo transfer for the
deepwater port.
(b) Before signing a declaration of inspection, the vessel's
officer in charge of cargo transfer must inspect the tanker; the person
in charge of cargo transfer for the deepwater port must inspect the
deepwater port. They must indicate, by initialing each item on the
declaration of inspection form, that the tanker and deepwater port
comply with Sec. 156.150 (for oil) or Sec. 127.317 (for natural gas)
of this chapter.
Sec. 150.435 When are cargo transfers not allowed?
No person may transfer cargo at a deepwater port:
(a) When the person in charge of cargo transfer is not on duty at
the port;
(b) During an electrical storm in the port's vicinity;
(c) During a fire at the port, at the onshore receiving terminal,
or aboard a vessel berthed at the port, unless the person in charge of
cargo transfer determines that a cargo transfer should be resumed as a
safety measure;
(d) When a leak develops of a sufficient quantity for product to
accumulate in the cargo containment underneath the manifold or piping;
(e) When there are not enough personnel and equipment at the port
dedicated to contain and remove the discharges or perform the emergency
response functions as required in the port's response plan under part
154 (for oil), or emergency plan under part 127 (for natural gas) of
this chapter;
(f) Whenever the emergency shutdown system should have activated
but failed to do;
(g) By lighterage, except in bunkering operations, unless otherwise
authorized by the COTP;
(h) When the weather at the port does not meet the minimum
operating conditions for cargo transfers as defined in the port's
operations manual; or
(i) When prescribed by the Port Security Plan under heightened
security conditions at the port or its adjacent areas, or on vessels
calling on or serving the port.
Sec. 150.440 How may the COTP order suspension of cargo transfers?
(a) In case of emergency, the COTP may order the suspension of
cargo transfers at a port to prevent the discharge, or threat of
discharge, of oil or natural gas or to protect the safety of life and
property.
(b) An order of suspension may be made effective immediately.
(c) The order of suspension must state the reasons for the
suspension.
(d) The licensee may petition the District Commander, in writing,
or by any means if the suspension is effective immediately, to
reconsider the order of suspension. The decision of the District
Commander is considered final agency action.
Sec. 150.445 When is oil in an SPM-OTS displaced with water?
(a) The Port Superintendent must ensure that the oil in an SPM-OTS
is displaced with water and that the valve at the pipeline end manifold
is closed whenever:
(1) A storm warning is received forecasting weather conditions that
will exceed the design operating criteria listed in the operations
manual for the SPM-OTS;
(2) A vessel is about to depart the SPM because of storm
conditions; or
(3) The SPM is not scheduled for use in an oil transfer operation
within the next 7 days.
(b) The Port Engineer will not be required to perform this
requirement, provided it can be demonstrated to the OCMI, that a
satisfactory alternative means of safely securing all cargo transfer
hoses can be implemented in the event of severe weather conditions.
[[Page 781]]
Subpart F--Emergency and Specialty Equipment
Sec. 150.500 What does this subpart do?
This subpart concerns requirements for maintenance, repair, and
operational testing of emergency and specialty equipment at a deepwater
port.
Maintenance and Repair
Sec. 150.501 How must emergency equipment be maintained and repaired?
All lifesaving, firefighting, and other emergency equipment at a
deepwater port, including additional equipment not required to be
onboard the deepwater port, must be maintained in good working order
and repaired according to the port's planned maintenance program and
the requirements outlined in this subpart.
Lifesaving Equipment (General)
Sec. 150.502 What are the maintenance and repair requirements for
lifesaving equipment?
(a) Each deepwater port must have onboard, or in the operator's
principal office in the case of an unmanned port, the manufacturer's
instructions for performing onboard maintenance and repair of the
port's lifesaving equipment. The instructions must include the
following for each item of equipment, as applicable:
(1) Instructions for maintenance and repair;
(2) A checklist for use when carrying out the monthly inspections
required under Sec. 150.513;
(3) A schedule of periodic maintenance;
(4) A diagram of lubrication points with the recommended
lubricants;
(5) A list of replaceable parts;
(6) A list of sources of spare parts; and
(7) A log for records of inspections and maintenance.
(b) In lieu of the manufacturer's instructions required under
paragraph (a) of this section, the deepwater port may have its own
onboard planned maintenance program for maintenance and repair that is
equivalent to the procedures recommended by the equipment manufacturer.
(c) The deepwater port must have designated a person in charge of
ensuring that maintenance and repair is carried out in accordance with
the instructions required in paragraph (a) of this section.
(d) If deficiencies in the maintenance or condition of lifesaving
equipment are identified, the OCMI may review the instructions under
paragraph (a) of this section and require appropriate changes to the
instructions or operations to provide for adequate maintenance and
readiness of the equipment.
(e) When lifeboats, rescue boats, and liferafts are not fully
operational because of ongoing maintenance or repairs, there must be a
sufficient number of fully operational lifeboats and liferafts
available for use to accommodate all persons on the deepwater port.
(f) Except in an emergency, repairs or alterations affecting the
performance of lifesaving equipment must not be made without notifying
the OCMI in advance. The person in charge must report emergency repairs
or alterations to lifesaving equipment to the OCMI, as soon as
practicable.
(g) The person in charge must ensure that spare parts and repair
equipment are provided for each lifesaving appliance and component
subject to excessive wear or consumption.
Launching Appliances
Sec. 150.503 What are the time interval requirements for maintenance
on survival craft falls?
(a) Each fall used in a launching device for survival craft or
rescue boats must be turned end-for-end at intervals of not more than
30 months.
(b) Each fall must be replaced by a new fall when deteriorated or
at intervals of not more than 5 years, whichever is earlier.
(c) A fall that cannot be turned end-for-end under paragraph (a) of
this section must be carefully inspected between 24 and 30 months after
its installation. If the inspection shows that the fall is faultless,
the fall may be continued in service up to 4 years after its
installation. It must be replaced by a new fall 4 years after
installation.
Sec. 150.504 When must the operator service and examine lifeboat and
rescue boat launching appliances?
(a) The operator must service launching appliances for lifeboats
and rescue boats at intervals recommended in the manufacturer's
instructions under Sec. 150.502(a), or deepwater port's planned
maintenance program under Sec. 150.502(b).
(b) The operator must thoroughly examine launching appliances for
lifeboats and rescue boats at intervals not to exceed 5 years. Upon
completion of the examination, the operator must subject the winch
brakes of the launching appliance to a dynamic test.
Sec. 150.505 When must the operator service and examine lifeboat and
rescue boat release gear?
(a) The operator must service lifeboat and rescue boat release gear
at intervals recommended in the manufacturer's instructions under Sec.
150.502(a), or deepwater port's planned maintenance program under Sec.
150.502(b).
(b) The operator must subject lifeboat and rescue boat release gear
to a thorough examination at each inspection for certification by
personnel trained in examining the gear.
Inflatable Lifesaving Appliances
Sec. 150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems?
(a) The operator must service each inflatable lifejacket, hybrid
inflatable lifejacket, and marine evacuation system at intervals of 1-
year after its initial packing. The operator may delay the servicing up
to 5 months to meet the next scheduled inspection of the deepwater
port.
(b) The operator must service each inflatable liferaft no later
than the month and year on its servicing sticker under 46 CFR 160.151-
57(m)(3)(ii), except that the operator may delay servicing up to 5
months to meet the next scheduled inspection of the deepwater port. The
operator must also service each inflatable liferaft:
(1) Whenever the container of the raft is damaged; or
(2) Whenever the container straps or seals are broken.
Sec. 150.507 How must the operator service inflatable lifesaving
appliances?
(a) The operator must service each inflatable life raft according
to 46 CFR part 160, subpart 160.151.
(b) The operator must service each inflatable lifejacket according
to 46 CFR part 160, subpart 160.176.
(c) The operator must service each hybrid inflatable lifejacket
according to the owner's manual and the procedures in 46 CFR part 160,
subpart 160.077.
Sec. 150.508 What are the maintenance and repair requirements for
inflatable rescue boats?
The operator must perform the maintenance and repair of inflatable
rescue boats according to the manufacturer's instructions.
Operational Tests and Inspections (General)
Sec. 150.509 How must emergency equipment be tested and inspected?
All lifesaving, firefighting, and other emergency equipment at a
deepwater port must be tested and inspected per this subpart.
Sec. 150.510 How must emergency equipment being tested be operated?
The equipment must be operated under the operating instructions of
the
[[Page 782]]
equipment's manufacturer when tests or inspections include operational
testing of emergency equipment.
Sec. 150.511 What are the operational testing requirements for
lifeboat and rescue boat release gear?
(a) Lifeboat and rescue boat release gear must be operationally
tested under a load of 1.1 times the total mass of the lifeboat or
rescue boat when loaded with its full complement of persons and
equipment.
(b) The test must be conducted whenever the lifeboat, rescue boat,
or their release gear is overhauled or at least once every 5 years.
(c) The OCMI may consider alternate operational test procedures to
those under paragraph (a) of this section.
Frequency of Tests and Inspections
Sec. 150.512 What are the weekly tests and inspections?
The required weekly tests and inspections of lifesaving equipment
are as follows:
(a) The operator must visually inspect each survival craft, rescue
boat, and launching device to ensure its readiness for use;
(b) The operator must test the general alarm system; and
(c) The operator must test for readiness of the engine, starting
device, and communications equipment of each lifeboat and rescue boat
according to the manufacturer's instructions.
Sec. 150.513 What are the monthly tests and inspections?
(a) The operator must inspect monthly each item of lifesaving
equipment under Sec. 150.502(b) to this subpart, to ensure that the
equipment is complete and in good order. The operator must keep on the
deepwater port (or in the operator's principal office, in the case of
an unmanned deepwater port) a report of the inspection that includes a
statement as to the condition of the equipment, and make the report
available for review by the Coast Guard.
(b) The operator must test monthly each Emergency Position
Indicating Radio Beacon (EPIRB) and each Search and Rescue Transponder
(SART), other than an EPIRB or SART in an inflatable liferaft. The
operator must test the EPIRB using the integrated test circuit and
output indicator to determine whether the EPIRB is operational.
Sec. 150.514 What are the annual tests and inspections?
At least annually the operator must:
(a) Strip, clean, thoroughly inspect, and, if needed, repair each
lifeboat, rescue boat, and liferaft. At that time, the operator must
empty, clean, and refill with fresh fuel each fuel tank;
(b) Thoroughly inspect and, if needed, repair each davit, winch,
fall, and other launching device;
(c) Check each item of lifesaving equipment and replace any item
that is marked with an expiration date that has passed;
(d) Check each battery used in an item of lifesaving equipment and
replace any battery that is marked with an expiration date that has
passed; and
(e) Replace any battery that is not marked with an expiration date
if that battery is used in an item of lifesaving equipment, except for
a storage battery used in a lifeboat or rescue boat.
(f) The requirements in this section do not relieve the person in
charge of the requirement to keep the equipment ready for immediate
use.
Weight-Testing
Sec. 150.515 What are the requirements for weight-testing of newly
installed or relocated craft?
(a) The operator must perform installation weight-testing according
to 46 CFR 199.45(a)(1) on each new lifeboat, rescue boat, and davit-
launched liferaft system.
(b) The operator must conduct installation weight-tests, according
to paragraph (a) of this section, when survival crafts are relocated to
another deepwater port.
Sec. 150.516 What are the periodic requirements for weight-testing?
The operator must weight-test, according to 46 CFR 199.45(a)(1),
each lifeboat, davit-launched liferaft, and rescue boat every time a
fall is replaced or turned end-for-end.
Sec. 150.517 How are weight tests supervised?
(a) The installation and periodic tests required by 150.515 and
150.516 of this subpart must be supervised by a person familiar with
lifeboats, davit-launched liferafts, rescue boats, and with the test
procedures under those sections.
(b) The person supervising the tests must attest, in writing, that
the tests have been performed according to Coast Guard regulations. The
operator must keep a copy of the supervisor's attesting statement
onboard the deepwater port (or in the operator's principal office, in
the case of an unmanned deepwater port) and make it available to the
OCMI.
Personal Safety Gear
Sec. 150.518 What are the inspection requirements for work vests and
immersion suits?
(a) All work vests and immersion suits must be inspected by the
owner or operator pursuant to Sec. 150.105 of this part, to determine
whether they are in serviceable condition.
(b) If a work vest or immersion suit is inspected and is in
serviceable condition, then it may be continued in service. If not,
then it must be removed from the deepwater port.
Emergency Lighting and Power Systems
Sec. 150.519 What are the requirements for emergency lighting and
power systems?
(a) The operator must test and inspect the emergency lighting and
power systems at least once each week to determine if they are in
proper operating condition. If they are not in proper operating
condition, then the operator must repair or replace their defective
parts.
(b) The operator must test under load each emergency generator
driven by an internal combustion engine that is used for an emergency
lighting and power system at least once in each month for a minimum of
2 hours.
(c) The operator must test each storage battery for the emergency
lighting and power systems, at least once in each 6 months, to
demonstrate the ability of the batteries to supply the emergency loads
for an 8-hour period. The operator must follow the manufacturer's
instructions in performing the battery test to ensure the batteries are
not damaged during testing.
Fire Extinguishing Equipment
Sec. 150.520 When must fire extinguishing equipment be tested and
inspected?
The operations manual must specify how and when the operator will
test and inspect each hand-portable fire extinguisher, semi-portable
fire extinguisher, and fixed fire-extinguishing system. These
specifications must accord with 46 CFR 31.10-18.
Sec. 150.521 What records are required?
(a) The operator must maintain a record of each test and inspection
under Sec. 150.520 on the deepwater port (or in the operator's
principal office, in the case of an unmanned deepwater port) for at
least 2 years.
(b) The record must show:
(1) The date of each test and inspection;
(2) The number or other identification of each fire extinguisher or
system tested or inspected; and
(3) The name of the person who conducted the test or inspection and
the name of the company that person represents.
[[Page 783]]
Miscellaneous Operations
Sec. 150.530 What may the fire-main system be used for?
The fire-main system may be used only for firefighting and for deck
washing, unless it is capable of being isolated and can provide the
applicable minimum pressures required outlined in Sec. 149.416 of this
chapter.
Sec. 150.531 How many fire pumps must be kept ready for use at all
times?
At least one of the fire pumps required by this subchapter must be
kept ready for use at all times.
Sec. 150.532 What are the requirements for connection and stowage of
fire hoses?
(a) At least one length of fire-hose, with a combination nozzle,
must be connected to each fire hydrant at all times. If in a location
exposed to the weather, the fire-hose may be removed from the hydrant
during freezing weather.
(b) When not in use, fire-hose connected to a fire hydrant must be
stowed on a hose rack.
(c) The hydrant nearest the edge of a deck must have enough lengths
of fire-hose connected to it to allow 10 feet of hose, when
pressurized, to curve over the edge.
Sec. 150.540 What are the restrictions on fueling aircraft?
If the deepwater port is not equipped with a permanent fueling
facility, the COTP's approval is necessary before aircraft may be
fueled at the port.
Sec. 150.550 What are the requirements for the muster list?
(a) A muster list must be posted on each pumping platform complex.
(b) The muster list must:
(1) List the name and title of each person, in order of succession,
who is the person in charge of the pumping platform complex for
purposes of supervision during an emergency;
(2) List the special duties and duty stations for each person on
the pumping platform complex in the event of an emergency that requires
the use of equipment covered by part 149 of this chapter; and
(3) Identify the signals for calling persons to their emergency
stations and for abandoning the pumping platform complex.
Sec. 150.555 How must cranes be maintained?
Cranes must be operated, maintained, and tested in accordance with
subpart F to 46 CFR part 109.
Subpart G--Workplace Safety and Health
Sec. 150.600 What does this subpart do?
This subpart concerns requirements for workplace safety and health
on a deepwater port.
Safety and Health (General)
Sec. 150.601 What are the requirements for workplace safety and
health on a deepwater port?
(a) Each operator of a deepwater port must ensure compliance, on
that port, with the requirements of this subpart, and must ensure that
all places of employment within the port are:
(1) Maintained in compliance with workplace safety and health
regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(b) Persons responsible for actual operations, including owners,
operators, contractors, and subcontractors must ensure that those
operations subject to their control are:
(1) Conducted in compliance with workplace safety and health
regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(c) The term ``recognized hazardous conditions,'' as used in this
subpart, means conditions that are:
(1) Generally known among persons in the affected industry as
causing, or likely to cause, death or serious physical harm to persons
exposed to those conditions; and
(2) Routinely controlled in the affected industry.
Sec. 150.602 What occupational awareness training is required?
(a) Each deepwater port operator must ensure that all port
personnel are provided with information and training on recognized
hazardous conditions in their workplace, including, but not limited to,
electrical, mechanical, and chemical hazards. Specific required
training topics are outlined in Sec. 150.15(u).
(b) As an alternative to compliance with the specific provisions of
this subpart, an operator may provide, for workplace safety and health,
the implementation of an approved, port-specific safety and
environmental management program (SEMP). Operators should consult with
the Commandant (G-M) in preparing a SEMP. Five copies of a proposed
SEMP must be submitted to the Commandant for evaluation. The Commandant
may consult with the local OCMI, and will approve the SEMP if he or she
finds that the SEMP provides at least as much protection of workplace
safety and health as do the specific provisions of this subpart.
Sec. 150.603 What emergency response training is required?
The requirements for emergency response training must be outlined
in the port operations manual.
Sec. 150.604 Who controls access to medical monitoring and exposure
records?
If medical monitoring is performed or exposure records are
maintained by an employer, the owner, operator, or person in charge
must establish procedures for access to these records by personnel.
Sec. 150.605 What are the procedures for reporting a possible
workplace safety or health violation at a deepwater port?
Any person may notify the OCMI verbally or in writing of:
(a) A possible violation of a regulation in this part; or
(b) A hazardous or unsafe working condition on any deepwater port.
Sec. 150.606 After learning of a possible violation, what does the
OCMI do?
After reviewing the information received under Sec. 150.605 to
this part and conducting any necessary investigation, the OCMI notifies
the owner or operator of any deficiency or hazard and initiates
enforcement measures as the circumstances warrant. The identity of any
person making a report of a violation will remain confidential, except
to the extent necessary for the performance of official duties or as
agreed to by the person.
General Workplace Conditions
Sec. 150.607 What are the general safe working requirements?
(a) All equipment, including machinery, cranes, derricks, portable
power tools, and most importantly safety gear must be used in a safe
manner and in accordance with the manufacturer's recommended practice,
unless otherwise stated in this subchapter.
(b) All machinery and equipment must be maintained in proper
working order or removed.
Personal Protective Equipment
Sec. 150.608 Who is responsible for ensuring that personnel use or
wear protective equipment and are trained in its use?
(a) Each deepwater port operator must ensure that all personnel who
are required by this subpart to use or wear personal protective
equipment do so when within designated work areas at the port.
[[Page 784]]
(b) Each deepwater port operator must ensure that:
(1) All personnel engaged in the operation are trained in the
proper use, limitations, and maintenance of the personal protective
equipment specified by this subpart;
(2) The equipment is maintained and used or worn as required by
this subpart; and
(3) The equipment is made available and on hand for all personnel
engaged in the operation.
Eyes and Face
Sec. 150.609 When is eye and face protection required?
The operator must provide eye and face protectors for the use of
persons engaged in or observing activities where damage to the eye is
possible, such as welding, grinding, machining, chipping, handling
hazardous materials, or acetylene burning or cutting. These eye and
face protectors must be:
(a) Properly marked and in compliance with the requirements of 29
CFR 1910.133; and
(b) Maintained in good condition or replaced when necessary.
Sec. 150.610 Where must eyewash equipment be located?
Portable or fixed eyewash equipment providing emergency relief must
be immediately available near any area where there is a reasonable
probability that eye injury may occur.
Head
Sec. 150.611 What head protection is required?
The deepwater port operator must ensure that where there is a
reasonable probability of injury from falling objects or contact with
electrical conductors, personnel working or visiting such an area wear
head protectors designed to protect them against such injury and
complying with 29 CFR 1910.151.
Feet
Sec. 150.612 What footwear is required?
The deepwater port operator must ensure that while personnel are
working in an area, or engaged in activities, where there is a
reasonable probability for foot injury to occur, they wear footwear
that complies with 29 CFR 1910.136, except when environmental
conditions exist that present a hazard greater than that against which
the footwear is designed to protect.
Noise and Hearing Protection
Sec. 150.613 What are the requirements for a noise monitoring and
hearing protection survey?
(a) The deepwater port operator must measure noise and provide
hearing protection in accordance with 29 CFR 1910.95.
(b) The initial noise survey for a deepwater port must be completed
no later than January 1, 2005, or within one year of beginning
operations, whichever is later.
Clothing
Sec. 150.614 When is protective clothing required?
The deepwater port operator must ensure that personnel exposed to
flying particles, radiant energy, heavy dust, or hazardous materials
wear clothing and gloves that protect against the hazard involved.
Electrical
Sec. 150.615 What safe practices are required?
(a) The deepwater port operator must ensure that before personnel
begin work that might expose them to an electrical charge, they turn
off the electricity, unless doing so is not feasible.
(b) The deepwater port operator must ensure that personnel turning
off equipment pursuant to paragraph (a) of this section follow the
lockout or tagging procedures specified in 29 CFR 1910.147, and in
Sec. Sec. 150.616 and 150.617.
(c) The deepwater port operator must ensure that, to prevent
electrical shock, personnel receive training in electrical, safety-
related work practices in the area of the work they perform, including
the use of electrical personal protective equipment appropriate to
protect against potential electrical hazards.
Lockout/Tagout
Sec. 150.616 What are the requirements for lockout?
The deepwater port operator must ensure that, if equipment
(electrical, hydraulic, mechanical, and pneumatic) does not need to be
powered during the work described in Sec. 150.615(a), and has a
lockout or other device to prevent the equipment from being turned on
unintentionally, that lockout or other device is activated.
Sec. 150.617 What are the requirements for tagout?
(a) The deepwater port operator must ensure that, before work takes
place on equipment that is disconnected from the power source, a tag
complying with this section is placed at the location where the power
is disconnected. The operator must ensure that, if there is a control
panel for the equipment in line between the equipment and the location
where the power is disconnected, a tag complying with this section is
also placed on the control panel.
(b) Each tag or sign must have words stating:
(1) That equipment is being worked on;
(2) That power must not be restored or the equipment activated; and
(3) The name of the person who placed the tag.
(c) Only the person who placed the tag, that person's immediate
supervisor, or the relief person of either, is authorized to remove the
tag.
Respiratory Protection
Sec. 150.618 What are the requirements for respiratory protection?
(a) The deepwater port operator must ensure that respiratory
protection measures are taken in compliance with 29 CFR 1910.134
including establishment of a formal respiratory protection program.
(b) The deepwater port operator must ensure that measures for
protection from exposure to asbestos are taken in compliance with 29
CFR 1910.1001.
(c) The deepwater port operator must ensure that measures for
protection from exposure to inorganic lead are taken in compliance with
29 CFR 1910.1025.
Fall Arrest
Sec. 150.619 What are the fall arrest system requirements?
The deepwater port operator must ensure that all personnel who are
exposed to the risk of falling more than 6 feet, or who are at risk of
falling any distance onto equipment with irregular surfaces, exposed
moving components, electrically energized cables or connectors, or
water, are protected against such a fall either by guardrails or other
measures that comply with 29 CFR 1910.23 or 1910.28, or by the use of
suitable lifesaving equipment that complies with 46 CFR part 160. In
addition, the operator must take measures to control the risk of
falling, tripping, or slipping in work areas and walkways due to the
presence of loose material or wet conditions including spills.
Machine Guards
Sec. 150.620 What are the requirements for protecting personnel from
machinery?
The deepwater port operator must ensure that all personnel are
protected from the risks created by operating machinery through the use
of guard
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devices or other measures that comply with 29 CFR 1910.212, or through
the use of conspicuously posted warning signs that comply with 150.626
of this part.
Slings
Sec. 150.621 What are the requirements for slings?
The use of slings for material handling must comply with the
requirements of 29 CFR 1910.184.
Warning Signs
Sec. 150.622 What are the warning sign requirements?
The construction and use of warning signs must be in compliance
with 29 CFR 1910.144 and 1910.145.
Confined Space Safety
Sec. 150.623 What are the requirements for protecting personnel from
hazards associated with confined spaces?
(a) All personnel must be protected by suitable measures from
inadvertently entering a confined space containing a hazardous
atmosphere that can cause death or serious injury.
(b) Each deepwater port operator shall evaluate the port-specific
hazards associated with confined space entry and develop a confined
space safe entry program that complies with:
(1) 29 CFR 1910.146 for permit-required confined spaces, where
applicable; and
(2) A national consensus standard, as that term is defined in 29
CFR 1910.2, or that is set by a nationally recognized testing
laboratory as defined in 29 CFR 1910.7 and that provides levels of
personnel protection at least equivalent to those provided for shipyard
personnel by 29 CFR part 1915, subpart B.
(c) To implement the confined space safe entry program, the
deepwater port operator must determine the education, training and
experience needed by the designated competent persons to safely conduct
their duties, including:
(1) Identification, testing, and certification of confined spaces;
and
(2) Training of personnel regarding dangers, etc.
(d) These measures must be specified in the port operations manual,
along with a list of all confined spaces on the port, describing the
specific hazards associated with each such space.
Blood-Borne Pathogens
Sec. 150.624 What are the requirements for protecting personnel from
blood-borne pathogens?
Measures for protection from the dangers of blood-borne pathogens
must be taken in compliance with 29 CFR 1910.1030.
Hazard Communication Program
Sec. 150.625 What must the hazard communication program contain?
(a) Each deepwater port must have a hazard communication program
(HCP) available for the training of, and review by, all personnel on
the deepwater port.
(b) The program must be in writing and describe or include:
(1) An inventory of each hazardous material on the deepwater port;
(2) The potential hazards of the material;
(3) The material's intended use on the deepwater port;
(4) The methods for handling and storing the material;
(5) The protective measures and equipment to be used to avoid
hazardous exposure;
(6) The labeling, marking, or tagging of the material;
(7) The special precautions, such as lockout and tagout under
Sec. Sec. 150.616-150.617, that should be emphasized when working
around the material;
(8) Information and training required for personnel onboard the
deepwater port; and
(9) A material safety data sheet (MSDS) for the material.
(c) The information on a material safety data sheet on the material
may be used as a substitute for items in paragraph (b) of this section
that are addressed in the sheet.
(d) The program must be supplemented as necessary to address each
hazardous material newly introduced on the deepwater port.
Sec. 150.626 What is the hazard communication program used for?
(a) The hazard communication program must ensure that all deepwater
port employees, when required by their duties, work safely and
responsibly with hazardous materials.
(b) The person in charge for safety must ensure that, before a
person is allowed to work at the deepwater port:
(1) A copy of the hazard communication program is made available to
the person; and
(2) The person is trained in the information contained in the
program.
(c) The training must be supplemented to address each hazardous
material newly introduced on the deepwater port.
Sec. 150.627 Must material safety data sheets be available to all
personnel?
(a) The person in charge must ensure that a material safety data
sheet (MSDS) for each hazardous material on the fixed or floating
deepwater port is made available to all personnel on the port.
(b) Each MSDS must contain at least information on the use, proper
storage, potential hazards, and appropriate protective and response
measures to be taken when exposed to or handling the material.
Sec. 150.628 How must the operator label, tag, and mark a container
of hazardous material?
The operator must label, tag, or mark each container of hazardous
material with the identity of the hazardous material and the
appropriate physical, health, reactivity and other special condition
hazard warnings. The only exception is for portable containers for
transferring a hazardous material from a labeled container to the work
site for immediate use by the person who performs the transfer.
Subpart H--Aids to Navigation
Sec. 150.700 What does this subpart do?
This subpart provides requirements for the operation of aids to
navigation at a deepwater port.
Sec. 150.705 What are the requirements for maintaining and inspecting
aids to navigation?
(a) All aids to navigation must be maintained in proper operating
condition at all times.
(b) The Coast Guard may inspect all aids to navigation at any time
without notice.
Sec. 150.710 What are the requirements for supplying power to aids to
navigation?
The power to all aids to navigation must be maintained, at all
times, at or above the level recommended by the equipment's
manufacturer.
Sec. 150.715 What are the requirements for lights used as aids to
navigation?
(a) Each light under part 149, subpart E of this chapter, used as
an aid to navigation at a deepwater port, must be lit continuously from
sunset to sunrise.
(b) During construction, a platform or SPM (if positioned on the
surface or within the net under-keel depth for tankers transiting
within the safety zone) must be marked with at least one of the
following:
(1) The obstruction lights required for the structure in part 149,
subpart E, of this chapter;
(2) The fixed lights of a vessel attending the structure; or
(3) The general illumination lights on the structure, if they meet
or exceed the intensity required for obstruction lights required for
the structure.
(c) The focal plane of each obstruction light and rotating lighted
beacon must
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always coincide with the horizontal plane that passes through the light
source.
Sec. 150.720 What are the requirements for sound signals?
The sound signal on each pumping platform complex must be operated
whenever the visibility in any horizontal direction from the structure
is less than 5 miles. If the platform is under construction, this
requirement may be met by the use of a 2-second whistle blast, made
every 20 seconds by a vessel moored at the platform.
Subpart I--Reports and Records
Sec. 150.800 What does this subpart do?
This subpart concerns reports that must be submitted, and records
that must be kept, by the licensee.
Reports
Sec. 150.805 What reports must be sent both to a classification
society and to the Coast Guard?
A copy of each report submitted to an authorized classification
society, as defined in 46 CFR 8.100 for maintenance of an SPM's class
under the rules of that society, must also be submitted to the OCMI.
Sec. 150.810 Reporting a problem with an aid to navigation.
(a) Any problem affecting the operation or characteristics of an
aid to navigation at the deepwater port must be reported, by the
fastest means available, to the District Commander. The report must
identify:
(1) The aid to navigation affected;
(2) The location of that aid;
(3) The nature of the problem; and
(4) The estimated time of repair.
(b) When the problem is corrected, the District Commander must be
notified.
Sec. 150.815 How must casualties be reported?
(a) Immediately after aiding the injured and stabilizing the
situation, the owner, operator, or person in charge of a deepwater port
must notify the nearest Marine Safety Office, Coast Guard Activity, or
Coast Guard Group Office of each event on, or involving, the deepwater
port that results in one or more of the following:
(1) Loss of life;
(2) An injury that requires professional medical treatment
(treatment beyond first aid) and, if the person is engaged or employed
on the deepwater port, that renders the individual unfit to perform his
or her routine duties;
(3) Impairment to the operation of any of the port's primary
lifesaving or fire-fighting equipment; or
(4) Property damage in excess of $100,000, including damage
resulting from a vessel or aircraft striking the port. This amount
includes the cost of labor and material to restore all affected items,
including, but not limited to, the port and the vessel or aircraft to
their condition before the damage. This amount does not include the
cost of salvage, cleaning, gas freeing, dry-docking, or demurrage of
the port, vessel, or aircraft.
(b) The notice under paragraph (a) of this section must identify
the following:
(1) The deepwater port involved;
(2) The owner, operator, or person in charge of the port;
(3) The nature and circumstances of the event; and
(4) The nature and extent of the injury and damage resulting from
the event.
Sec. 150.820 When must a written report of casualty be submitted and
what must it contain?
(a) In addition to the notice of casualty under Sec. 150.815, the
owner, operator, or person in charge of a deepwater port must submit a
written report of the event to the nearest OCMI within 5 days after the
notice of casualty. The report may be on Form 2692 (Report of Marine
Accident, Injury, or Death) or in narrative form if it contains all of
the applicable information requested in Form 2692. Copies of Form 2692
are available from the OCMI.
(b) The written report must also include the information relating
to alcohol and drug involvement specified by 46 CFR 4.05-12.
(c) If filed immediately after the event, the written report
required by paragraph (a) of this section serves as the notice required
under Sec. 150.815.
Sec. 150.825 Reporting a diving-related casualty.
Diving-related deaths and injuries within the safety zone of a
deepwater port must be reported according to 46 CFR 197.484 and
197.486, rather than to Sec. Sec. 150.815 and 150.820.
Sec. 150.830 Reporting a pollution incident.
Oil pollution incidents involving a deepwater port are reported
according to Sec. 135.305 and 135.307 of this chapter.
Sec. 150.835 Reporting sabotage or a subversive activity.
The owner, operator, or person in charge of a deepwater port must
immediately report to the COTP, by the fastest possible means, any
evidence of sabotage or subversive activity against any vessel at the
deepwater port or against the deepwater port itself.
Records
Sec. 150.840 What records must be kept?
(a) The licensee must keep copies at the deepwater port of the
reports, records, test results, and operating data required by this
part. In the case of unmanned deepwater ports, these copies must be
kept at the operator's principal office rather than on the port.
(b) The copies must be readily available to Coast Guard inspectors.
(c) Except for personnel records under Sec. 150.845, the copies
must be kept for 3 years.
Sec. 150.845 Personnel records.
The licensee must keep documentation on the designation and
qualification of the supervisory positions, outlined in the port
operations manual, that are responsible for the management of the
deepwater port. These records must be kept for the life of the
deepwater port.
Sec. 150.850 How long must a declaration of inspection form be kept?
The licensee must keep signed copies of the declaration of
inspection forms required by Sec. 150.430 for one month from the date
of signature.
Subpart J--Safety Zones, No Anchoring Areas, and Areas To Be
Avoided
Sec. 150.900 What does this subpart do?
(a) This subpart provides requirements for the establishment,
restrictions, and location of safety zones, no anchoring areas, and
areas to be avoided around deepwater ports.
(b) Subpart D of this part, concerning vessel navigation and
activities permitted and prohibited at deepwater ports, applies within
safety zones, no anchoring areas, and areas to be avoided and their
adjacent waters and supplements the International Regulations for
Preventing Collisions at Sea.
(c) Recommended shipping safety fairways, associated with deepwater
ports, are described in part 166 of this chapter.
Sec. 150.905 Why are safety zones, no anchoring areas, and areas to
be avoided established?
Safety zones, no anchoring areas, and areas to be avoided under
this subchapter are established to promote safety of life and property,
marine environmental protection, and navigational safety at deepwater
ports and adjacent waters. Safety zones, no anchoring areas, and areas
to be avoided
[[Page 787]]
accomplish these objectives by preventing or controlling specific
activities, limiting access by vessels or persons, and by protecting
the living resources of the sea from harmful agents.
Sec. 150.910 What installations, structures, or activities are
prohibited in a safety zone and area to be avoided?
No installations, structures, or activities that are incompatible
with port operations are allowed in the safety zone and area to be
avoided of a deepwater port.
Sec. 150.915 How are safety zones, no anchoring areas, and areas to
be avoided established and modified?
(a) Safety zones, no anchoring areas, and areas to be avoided are
developed and designated during the application process for a deepwater
port license and may be modified according to this section.
(b) Before a safety zone, no anchoring area, and area to be avoided
is established, all factors detrimental to safety, including the
congestion of vessels, the presence of unusually harmful or hazardous
substances, and the presence of obstructions around the site of the
deepwater port, are considered.
(c) Commandant (G-M) shall establish safety zones and develop no
anchoring areas and areas to be avoided for presentation to the
International Maritime Organization (IMO) for approval. Commandant (G-
M) may consult with the District Commander prior to establishing safety
zones. Once established, the District Commander may request that
Commandant (G-M) modify an existing safety zone. The Commandant (G-M)
may then publish a final rule modifying the zone and area in its
regulations. Routing measures requiring approval by the International
Maritime Organization in order to be effective will be effective only
after such approval is granted and such approval is announced by
subsequent notice in the Federal Register.
(d) When there is an imminent threat to the safety of life and
property within the zone and area, the District Commander may modify
the safety zone and its regulations in an interim rule without first
requesting that Commandant (G-M) publish a notice of proposed
rulemaking. The interim rule makes the safety zone, no anchoring area,
and area to be avoided and the regulations thereto effective on
publication in the Federal Register, provided those routing measures
requiring approval at the International Maritime Organization have
received that approval, and requests public comments. After considering
the comments received, the Commandant (G-M), after consulting with the
District Commander, shall publish a final rule, which may adopt the
interim rule with or without changes or remove it.
(e) If required by circumstances, safety zones and areas to be
avoided may be placed into effect immediately but must be followed
promptly by the procedures in paragraph (d) of this section.
Sec. 150.920 How is notice given of new or proposed safety zones, no
anchoring areas, and areas to be avoided?
In addition to documents published in the Federal Register under
Sec. 150.915, the District Commander may provide public notice of new
or proposed safety zones, no anchoring areas, and areas to be avoided
by Broadcast Notices to Mariners, Notices to Mariners, Local Notices to
Mariners, newspapers, broadcast stations, or other means.
Sec. 150.925 How long may a safety zone, no anchoring area, and area
to be avoided last?
A safety zone, no anchoring area, and area to be avoided and
applicable regulations may go into effect as early as when equipment
and materials for construction of the deepwater port arrive at the site
and may remain in effect until the deepwater port is removed.
Sec. 150.930 What datum is used for the geographic coordinates in
this subpart?
The geographic coordinates used in this subpart are not intended
for plotting on charts or maps using coordinates based on the North
American Datum of 1983 (NAD 83). If you use the geographic coordinates
in this subpart to plot on a chart or map referencing NAD 83, you must
make corrections as shown on the chart or map.
Dated: December 16, 2003.
T.H. Gilmour,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 03-32204 Filed 12-30-03; 9:36 am]
BILLING CODE 4910-15-P