Deepwater Ports

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 148, 149, and 150

[USCG-1998-3884]

RIN 2115-AF63

Deepwater Ports

AGENCY:

Coast Guard, DOT.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Coast Guard proposes to revise the regulations governing deepwater ports. These regulations are over 25 years old and were written at a time when no deepwater ports existed on which to base regulations. This rulemaking is necessary to update the regulations with current technology and industry standards. It will also align them with certain regulations for other fixed offshore facilities.

DATES:

Comments and related material must reach the Docket Management Facility on or before July 29, 2002. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before July 29, 2002.

ADDRESSES:

To make sure your comments and related material are not entered more than once in the docket, please submit them by only one of the following means:

(1) By mail to the Docket Management Facility (USCG 1998-3884), U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC 20590-0001.

(2) By delivery to 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.

(3) By fax to the Docket Management Facility at 202-493-2251.

(4) Electronically through the Web Site for the Docket Management System at

http://dms.dot.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.

The Docket Management Facility maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at 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. You may also find this docket on the Internet at

http://dms.dot.gov.

You may inspect the material proposed for incorporation by reference at room 1210, U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-267-1181. Copies of the material are available as indicated in the “Incorporation by Reference” section of this preamble.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this proposed rule, call Commander Mark Prescott, Project Manager, Vessel and Facility Operating Standards Division (G-MSO-2), Coast Guard, telephone 202-267-0225. If you have questions on viewing or submitting material to the docket, call Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, 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 mail, hand delivery, fax, or electronic means 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 hand delivery, submit them in an unbound format, no larger than 8

1/2

by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under

ADDRESSES

explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the

Federal Register

.

Related Rulemaking

This notice of proposed rulemaking (NPRM) refers to sections in another Coast Guard NPRM. References in §§ 149.305, 149.405, 149.640, 149.690, 150.250, 150.505, 150.510, and 150.600 of the deepwater ports NPRM to sections in parts 142 and 143 refer to those sections as they appear in the NPRM entitled “Outer Continental Shelf Activities” published in the

Federal Register

on December 7, 1999, not as they appear in the current Code of Federal Regulations (CFR). A note is placed at the end of each paragraph that references a section in the Outer Continental Shelf (OCS) Activities NPRM. For example, paragraph (a) of § 149.305 in this document refers to §§ 143.810 through 143.885. The note following that paragraph indicates that the sections referred to are proposed in the December 7, 1999, issue of the

Federal Register

, volume 64, at pages 68476 through 68480. A copy of the OCS Activities NPRM (docket number USCG-1998-3868) is available in the

Federal Register

at volume 64, page 68416, December 7, 1999, or at

http://dms.dot.gov

.

The OCS Activities NPRM proposes to revise 33 CFR chapter I, subchapter N, which contains the requirements for units, other than deepwater ports, on the OCS. Because of similarities between deepwater ports and fixed OCS facilities, representatives within the deepwater port industry requested that the deepwater regulations be aligned, to the extent practicable, with the OCS regulations. Also, this alignment furthers a major goal of the 1996 Deepwater Ports Modernization Act (Public Law 104-324) concerning improving the competitiveness of deepwater ports by eliminating unduly burdensome, unnecessary, and duplicative regulations. See House of Representatives Report 104-692.

Should you have comments on provisions in the OCS Activities NPRM that are referenced in this Deepwater Ports NPRM and would like those comments considered under the deepwater ports rulemaking, please submit them to the Deepwater Ports docket (USCG-1998-3884) under

ADDRESSES.

What Is the Regulatory History of This Rulemaking?

On August 29, 1997, the Coast Guard published in the

Federal Register

an Advance Notice of Proposed Rulemaking (ANPRM) (62 FR 45775) for deepwater ports. The ANPRM sought answers to several questions, each of

which is discussed, along with responses, later in this preamble.

What Is the Background for This Rulemaking?

A deepwater port is a structure located beyond the territorial sea and off the coast of the United States that is used to receive, store, and distribute oil to refineries in the U.S. At present, the Louisiana Offshore Oil Port (LOOP) is the only licensed deepwater port.

The regulations for deepwater ports in 33 CFR chapter I, subchapter NN, (parts 148, 149, and 150) were written in 1975. At that time, there were no deepwater ports in the United States and, therefore, we had little experience in formulating regulations for them. From the experience gained in applying these regulations to LOOP and from the comments received in response to the advance notice of proposed rulemaking, we found that some of the regulations are overly burdensome or more extensive than those for fixed facilities on the OCS. The application process for a deepwater port license requires information no longer necessary in today's economy. Technology and industry standards have changed over the years, causing some regulations to become obsolete.

In 1996, Congress passed the Deepwater Port Modernization Act (Public Law 104-324, title V, sec. 501-508, October 19, 1996). This Act amended the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524) for the following reasons:

(1) To update and improve the Deepwater Port Act of 1974.

(2) To assure that the regulations for deepwater ports are not more burdensome or stringent than necessary in comparison to the regulations of other modes for importing or transporting oil.

(3) To recognize that deepwater ports are generally subject to effective competition from alternate transportation modes and to eliminate unnecessary Federal regulatory oversight or involvement in the port's business and economic decisions.

(4) To promote innovation, flexibility, and efficiency in the management and operation of deepwater ports by removing or reducing any duplicative, unnecessary, or overly burdensome Federal regulations or licensing provisions.

(5) To encourage the construction of additional deepwater ports and to improve the competitiveness of the existing deepwater port (LOOP).

What Are Our Objectives for This Rulemaking?

(1)

Update the regulations.

We propose updates to various sections of the regulations, such as the requirements for license applications, fire extinguishing systems, fire detection systems, and construction and design. Also, we use modern, plain-language techniques in drafting the proposal to better benefit the reader.

(2)

Exclude unnecessary regulations.

We have tried to limit the regulations in this proposal to only those that should be in regulations, that is, those that apply to all deepwater ports, and to exclude from the regulations all requirements applicable only to a specific port. Provisions peculiar to a specific port would be included in that port's license or operations manual. This is consistent with 33 U.S.C. 1503(e)(1) and House of Representatives Report 104-692, page 4, section 4(c).

(3)

Ensure that the regulations are consistent with those for similar structures.

We have tried to align, to the extent practicable, these proposed regulations with those proposed for fixed facilities on the OCS. (See the discussion in the “Related Rulemaking” section of this preamble.) Also, we have tried to align these regulations with those for facilities transferring oil or hazardous materials in bulk (33 CFR part 154). Certain aspects of operating a deepwater port are similar to those for facilities transferring oil or hazardous materials in bulk (OHMB facilities). For example, similarities exist in areas of cargo transfer operations, communications, and operations manuals.

(4)

Improve the competitiveness of the current deepwater port and encourage the construction of additional deepwater ports.

The Deepwater Port Modernization Act makes certain changes to the Deepwater Port Act to improve competitiveness, such as by clarifying the definition of “deepwater port” to include a broader range of activities. Working within the limits of these changes to the Act, we have tried to simplify the use of the regulations by clarifying and streamlining them. In developing these proposals, we also kept in mind the objective of promoting the use of deepwater ports by improving the regulatory framework and the procedure for applying for a license. We propose to eliminate unduly burdensome regulations. For example, we delete the need for Secretarial review of relatively routine, non-controversial matters.

We are particularly interested in your comments on how well we have achieved each of these objectives.

What Comments Were Received in Response to the 1997 Advance Notice of Proposed Rulemaking?

We received four letters in response to the questions raised in our 1997 Advance Notice of Proposed Rulemaking (ANPRM). You can view the letters on the Internet at

http://dms.dot.gov

under this rulemaking's docket number (USCG-1998-3884). The following is a list of the questions asked in the ANPRM and the responses to them. The citations used (e.g., § 150.123) refer to the regulations presently in effect in title 33 of the Code of Federal Regulations (CFR), not to those in this proposed rule.

(1) What provisions of the regulations should be moved from the regulations and placed in the license conditions?

One comment states that nothing should be moved from the regulations to the license.

One of our objectives in this rulemaking is to limit the regulations to requirements applicable to all deepwater ports. What you see in this proposal are only those requirements that we believe should be in regulations.

(2) What provisions of the regulations can be moved from the regulations and placed in the operations manual?

(a) One comment suggests that the requirements for weather monitoring (§ 150.123), oil transfers (§ 150.413), and stopping transfer operations (§ 150.419) be moved to the operations manual.

We agree and propose that these requirements be moved to the operations manual. This proposal is aligned with the requirements in 33 CFR part 154 for onshore facilities transferring oil or hazardous materials in bulk (OHMB facilities), where oil transfers and stopping oil transfers are dealt with in the operations manual.

(b) Several comments suggest that certain provisions in part 150, subparts B through F, be transferred to the operations manual. One comment suggests that §§ 150.123, 150.201 through 150.217, 150.305 through 150.311, 150.313(a), (b), and (c), 150.341, 150.342, 150.413, 150.415, 150.419, 150.423, 150.503, 150.519, 150.521, 150.523, 150.751, and 150.755 be moved to the manual. Another comment suggests moving the personnel requirements, the description of fire extinguishing equipment and their locations, and the vessel navigation requirements in part 150, subpart C, to the manual. Unfortunately, these comments do not adequately explain why these moves should be made.

We tried to include in the regulations only provisions that should apply to all deepwater ports. We do propose to transfer some of the sections suggested to the operations manual. In particular, we propose to move §§ 150.123, 150.305, 150.311, 150.313, 150.419, 150.519, 150.521, 150.523, and 150.755 to the operations manual. However, we believe that the remaining sections apply to all deepwater ports and, therefore, should stay in the regulations.

(3) What regulations are obsolete, unnecessary, redundant, or restrictive?

(a) One letter states that the regulations for deepwater ports, particularly those on the application for a license, are far more onerous and costly than those for other offshore facilities. The comments remark that the Coast Guard should delete information that was a concern in the 1970's but is no longer a concern today. The comments suggest that information on Petroleum Administration for Defense (PAD) Districts (See definition in proposed § 148.5.) in § 148.109(e) should be deleted. The comments also suggest that financial and technical information required in §§ 148.109(f), (k), and (p), 148.111, and 148.503 is unnecessary.

In the 1970's, the Government thought that deepwater ports would dominate the market. Therefore, the regulations required much information on affiliates, contractors, and PAD Districts. We propose to remove §§ 148.109(e)(6)(i) and (ii), (e)(7) through (e)(13), and (f) and 148.323(b)(6), as the comment suggests.

(b) One comment says that the requirements in §§ 149.313 and 149.315 for an oil transfer alarm were duplicative of the general alarm and public address requirements and that these issues should be addressed in the operations manual.

A separate oil transfer alarm is needed to immediately distinguish between an oil transfer emergency and a general emergency because of the environmental consequences involved. We have retained these provisions in the proposed regulations because they would be applicable to all deepwater ports.

(c) One comment states that § 149.403, concerning wastes being gathered in reservoirs, is inconsistent with industry practices where wastes are treated and expelled into the Gulf of Mexico.

We do not agree. The Minerals Management Service requires offshore facilities, in 30 CFR 250.300, to have a sump system that collects all oil drainages and contaminants not authorized for discharge into the ocean. This system is comparable to the requirement for a reservoir for a deepwater port. This requirement remains in the regulations.

(d) One comment suggests that §§ 150.203 through 150.217 be deleted and a single section entitled “Person in Charge” be added.

Unfortunately, we were not given a reason for this suggestion and cannot gather from the context why it was suggested.

(e) One comment recommends deleting § 150.713 on sabotage as unnecessary because of industry standards and other Federal and State laws.

Though sabotage is covered under other Federal laws, § 150.713 requires that sabotage be reported to the Coast Guard. Since these incidents must be reported to the Coast Guard, we retain the provision in this proposed rule, except for the requirement for written confirmation of sabotage. We propose to remove the requirement for written confirmation to lessen the reporting burden.

(f) One comment suggests that the notification of new construction at a deepwater port be given to the Coast Guard Captain of the Port (COTP), rather than to the District Commander, as required in § 150.117. Also, a comment suggested that the notification of issuance of the American Bureau of Shipping (ABS) Classification Certificate for a single point mooring (SPM) be given to the COTP, rather than to the Commandant, as required in § 150.119.

We agree with these comments. However, as the COTP is usually advised of construction occurring in his or her area of operation, we propose no change to § 150.117. In § 150.119, the COTP, rather than the Commandant, should be given written confirmation of the licensee's receipt of ABS certificates on SPM's, so we have proposed this change.

(g) Two comments state that § 149.206, concerning construction, should be changed to require steel walls and decks only for manned spaces and that the existing regulations are inappropriately based on those for vessels.

We agree and propose to incorporate the standards for fixed facilities in the OCS Activities NPRM.

(h) One comment remarks that the emergency equipment requirements in § 149.211 are duplicative of other, more detailed sections.

We agree and propose to remove this section.

(i) One comment suggests that the requirement in § 149.215 prohibiting the installation of navigation, communication, or radar equipment so as to interfere with helicopter operations is unnecessary because it is addressed in the National Fire Protection Association, National Fire Code No. 407, which is already incorporated by reference and required by § 149.213 (proposed § 149.655).

NFPA 407 has been revised and no longer addresses physical interferences with helicopter operations. Instead, we propose to incorporate the American Petroleum Institute standard API RP 2L, Recommended Practice for Planning, Designing and Constructing Heliports for Fixed Offshore Platforms, in proposed § 149.625(f). This standard would apply to fixed deepwater ports and does address physical interferences with helicopter operations. Therefore, we propose to remove existing § 149.215.

(j) One comment states that discharge containment and removal requirements in §§ 149.319, 150.407, and 150.409 are already covered in the facility's response plan required by the Oil Pollution Act of 1990 (OPA 90).

We agree with this comment and have removed the pollution response equipment requirements found in §§ 149.319, 150.407, and 150.409.

(k) Two comments state that §§ 149.451 through 149.479, 150.504, 150.505, and 150.507 are unnecessary because a fixed fire-main system for water is not required on Outer Continental Shelf (OCS) and Oil or Hazardous Material in Bulk (OHMB) facilities and because the regulations should allow for use of dry chemicals.

In limited circumstances, MMS does allow the use of dry chemical systems without a fire main system. However, on facilities that are permanently manned, as are deepwater ports, MMS requires the installation of a fire main system. Dry chemical extinguishers may be used in addition to the fire main system. Therefore, we do not propose to delete these requirements.

(l) One comment on § 149.481 states that halogenated agents are no longer considered safe and should be removed from the regulations.

We agree and propose to remove the references to halogenated fixed fire fighting system agents.

(m) One comment addressing § 149.483 states that the Coast Guard should allow the use of dry chemicals in the fire fighting system for helicopter landing pads.

The provision in the OCS Activities NPRM, which we propose to use for deepwater ports, includes, as an option, the use of dry chemicals in the fire protection system.

(n) One comment addresses § 149.491, concerning fire detection systems. The comment recommends that fire detection systems be required only for enclosed, non-sleeping spaces.

We propose to adopt the regulations for fire detection systems in the OCS Activities NPRM, except that the existing deepwater port (LOOP) would be allowed to use its currently installed system until replaced. The proposed change calls for the system to be installed in all accommodation and service spaces, which would resolve the issue addressed by the first comment.

(o) One comment states that there are no requirements for fire detection systems for OCS and OHMB facilities and, therefore, these systems are unnecessary for deepwater ports.

We do not agree. Requirements for fire detection systems are proposed for fixed facilities in the OCS Activities NPRM and, therefore, are being proposed for deepwater ports.

(p) One comment states that the requirement in § 149.505 for the carriage of spare charges for 50 percent of all portable extinguishers is unnecessary.

We agree and propose to delete this requirement.

(q) Two comments on § 149.517 state that firemen's outfits are unnecessary on deepwater ports because personnel generally make some attempt to put out a fire first. Then, if the fire is not brought under control, they evacuate the facility.

We do not agree. Firemen's outfits are necessary for personnel who may have to rescue others who are trapped by fire. The OCS Activities NPRM proposes a requirement for two firemen's outfits. Therefore, we propose this requirement for deepwater ports.

(r) One comment states that the requirements in § 149.539 for portable lights are overly intrusive and detailed, requiring the selection and use of specific equipment.

We agree and propose to allow personnel on deepwater ports to use lights and supply cords suitable for the environment in which they are used.

(s) One comment concerning markings for piles in § 149.793 states that this requirement should not be applicable to deepwater ports because of the water depth.

The objective of this section is to require that objects protruding from the water, other than platforms and SPM's, be marked so that they are visible to vessels transiting the area. To avoid any further confusion, we propose to amend this section to clarify this point.

(t) Three comments recommend adopting the operations manual requirements in §§ 154.300 through 154.320.

We agree and have aligned, to the extent practicable, the proposed operations manual requirements with those in 33 CFR 154.310 through 154.320 for OHMB facilities.

(u) One comment recommends that the Captain of the Port (COTP), instead of the Commandant as in § 150.105, be the approval authority for the original approval of the operations manual.

We do not agree that the COTP should be the final approval authority for the operations manual, because the Commandant reviews the submitted operations manual as part of the application process for a deepwater port license. Therefore, we propose no change to this requirement.

(v) One comment suggests that the requirement in § 150.106 for 25 copies of the operations manual is unnecessary and should be reduced to five.

We agree and propose to require the licensee to provide at least five copies of the operations manual to the Commandant (G-M).

(w) One comment states that the requirement in § 150.125, concerning water depth measurements, is unnecessary because deepwater ports are designed, located, and approved with a stable ocean floor.

This provision is not in the OCS Activities NPRM. We agree that this regulation is unnecessary and propose to delete it.

(x) One comment suggests that we remove § 150.419 on stopping oil transfers and move it to the operations manual.

We agree. We propose to move the shut down procedures for stopping oil transfers to the operations manual. See § 150.15(h)(6) in this proposal.

(y) One comment states that the requirement in § 150.421, concerning the displacement of oil in a single point mooring-oil transfer system (SPM-OTS), is impractical for deepwater ports.

We have decided to retain this provision. It is primarily intended for situations where the hose will not be used for long periods of time or when heavy weather threatens. Operators may apply for an exemption on a case-by-case basis, under proposed part 148, subpart F.

(z) One comment states that § 150.513, Sanitation, was unnecessary because of accepted industry standards.

We agree and propose to remove this regulation.

(aa) Two comments suggest that the requirement in § 150.516 that fire-fighting and rescue personnel present during aircraft operations be “appropriately clothed and sufficiently qualified” is impractical, vague, and not addressed in the regulations for OCS and OHMB facilities.

The deepwater ports regulations do not state what clothing is “appropriate” and what qualifications are “sufficient.”

We agree that these provisions are unnecessary and propose to remove them.

(bb) One comment states that the regulations for housekeeping (§ 150.521) and illumination of walking and working areas (§ 150.523) are unnecessary because of Occupational Safety and Health Administration (OSHA), industry, and insurance standards.

We agree and propose that these provisions be removed from the regulations and addressed in the operations manuals.

(cc) Two comments state that the requirements for emergency medical technicians in § 150.525 are unnecessary.

We propose to adopt the workplace safety and health requirements in proposed § 142.366(c) of the OCS Activities NPRM, which would require that the technician be registered with the National Registry of Emergency Technicians (EMT) at the EMT-Intermediate level.

(dd) One comment states that the oil throughput report required in § 150.707 is no longer needed because the Deepwater Port Liability Fund was superseded by the Oil Spill Liability Trust Fund under the Oil Pollution Act of 1990 (OPA 1990).

We agree and propose to remove this requirement because the National Pollution Funds Center no longer requires this report for any purpose.

(ee) One comment suggests that we remove § 150.757, concerning the oil throughput log, because U.S. Customs already requires this log for customs tariffs.

We agree and propose to remove this requirement.

(4) Should the Outer Continental Shelf Activities regulations (33 CFR chapter I, subchapter N) be applied to Deepwater Ports?

Three comments suggest that certain sections of the deepwater port regulations should be similar to those for fixed facilities on the OCS. These sections, primarily concerning safety equipment, are §§ 149.206, 149.217, 149.421, 149.431, 149.441, 149.515, 149.521, 149.523, 149.525, 149.527, 150.509, and 150.527.

We propose to adopt, for deepwater ports, the provisions on these subjects found in the OCS Activities NPRM for fixed facilities.

(5) Should the regulations for facilities transferring oil or hazardous material in bulk (OHMB facilities) in 33 CFR part 154 be applied to deepwater ports?

(a) One comment states that, though the OHMB facility regulations contain a number of operating standards that are followed by the petroleum industry, not all of them are applicable to deepwater ports. It contends that a deepwater port is unique in its licensing and application protocols and environmental risks and should not have all of the same requirements as an onshore facility. Another comment suggests that we align the deepwater port regulations with those for OHMB facilities in §§ 154.300 and 154.320 (operations manual), 154.560 (communications), 154.735 (safety requirements), and 156.150 (declaration of inspection).

We agree with the suggestion, except as to §§ 154.300 and 154.735. Section 154.735 is not suitable for deepwater ports because it addresses concerns for onshore facilities. Only certain provisions of § 154.300 are suitable for deepwater ports, such as the provisions on what should be in the operations manual and how the manual should be maintained.

(b) Another comment states that we should organize all of part 150 along the lines of 33 CFR part 154.

We disagree. Though there are similarities between deepwater ports and onshore facilities, not all regulations are suitable for both.

(6) Should the environmental monitoring program be revised?

The comments received concerning the environmental monitoring program suggest that we eliminate the program. One comment states that the environmental monitoring program should not be addressed in the regulations but be kept in the operations manual or licensing process, as appropriate.

We agree with the comment that suggests that we not include it in the regulations. Under the proposed rule, the environmental monitoring program is addressed in the operations manual and may also be part of the license.

(7) What other regulations, if any, should we align the deepwater port regulations with?

(a) One comment suggests that we delete the aids to navigation requirements in parts 149 and 150 and refer to 33 CFR chapter I, subchapter C, Aids to Navigation, instead.

We do not agree. The requirements for aids to navigation for deepwater ports contain detailed provisions not found in subchapter C, such as the technical requirements for lights.

(b) One comment concerning notice of arrival of tankers at a deepwater port (§ 150.333) suggests that we rely on 33 CFR 160.207 and 160.211, which already address notice of arrival for vessels.

We agree that this section should reference 33 CFR 160.207 and 160.211 and propose this change.

(c) One comment suggests that extra lifesaving and fire fighting equipment be approved by the American Bureau of Shipping (ABS) rather than under 46 CFR parts 160 or 162, as required by 33 CFR 149.402.

We do not agree. Although ABS provides some technical review and inspection functions, it does not approve lifesaving gear or fire fighting equipment on behalf of the Coast Guard.

What Methods Did We Use To Make the Proposed Regulations More Readable?

One of the most noticeable changes in the proposed rule is in its organization and style. We use many plain-language techniques in this document. These techniques are intended to make the regulations easier to follow and understand. Some plain-language techniques include the use of—

1. The active voice to clarify who is responsible;

2. Section headings with text in a question-and-answer format to organize and convey the information in a logical way;

3. Common, everyday words, except for standard technical terms;

4. Short sentences for easier readability; and

5. Personal pronouns that directly address the reader.

These and similar techniques are consistent with the requirements of the Presidential Memorandum, “Plain Language in Government Writing” (63 FR 31885, June 1, 1998). We ask for your comments on the organization, style, and readability of this document.

What Are the Proposed Substantive Changes?

The following is a discussion of the proposed, substantive changes to the existing regulations. They are arranged in sequential order, by section number, as the sections appear in the current Code of Federal Regulations.

33 CFR 148.3 and 150.403 on Definitions

We propose to move the definitions in § 150.403 to § 148.3. This will simplify the reading of the regulations. The definitions of “Affiliate” and “Deepwater port” are defined by statute and will be revised to cite their statutory definitions. We propose to add the definitions of “Adjacent coastal state,” “Administrator of the Maritime Administration,” “Applicant,” “Application,” “Approval series,” “Citizen of the United States,” “Coastal environment,” “Coastal state,” “Commandant (G-M),” “Construction,” “Control,” “District Commander,” “Governor,” “Lease block,” “License,” “Marine environment,” “Officer in Charge Marine Inspection,” “Person,” “Personnel,” “Safety zone,” “State,” “Secretary,” and “Survival craft.” We propose to delete the term “Marine site” because of changes in the proposed regulations that eliminate its use. We propose to update the definitions of “PAD District” and “Refining District” to reflect the change in agencies' handling of information on production of crude petroleum and revise the definition of “crude oil.”

33 CFR 148.105, 148.107, and 148.213 on Application for a License

After reconsidering the number of copies of an application that the applicant must submit, we propose to reduce the number of copies required in these sections from 60 to 16, plus two copies for each adjacent coastal State.

We propose to change the $100,000 nonrefundable fee in § 148.107 to $350,000 to reflect the cost of inflation since 1975, when this provision was issued. The proposed amount is based on the Consumer Price Index of the Bureau of Labor Statistics, U.S. Department of Labor, and was calculated using the average percentage change year to year from 1975 to 1999.

33 CFR 148.109(e)(6)(i) and (ii), 148.109(e)(7), and (e)(9) Through (e)(13), and 148.323(b)(6) on Financial Information

We propose to remove these sections. They deal with the antitrust review that the Deepwater Port Modernization Act of 1996 eliminated.

33 CFR 148.109(f) on Reporting the Experience of the Applicant's Contractors

We propose to remove the requirement for reporting the experience of contractors with which a deepwater port proposes to make a contract. The proposed regulation would require information only from the contractor with whom the deepwater port applicant actually makes a contract or has a letter of intent.

33 CFR 148.109(t) on the “Guide to Preparation of Environmental Analyses for Deepwater Ports.”

As suggested by the Environmental Protection Agency (EPA) and industry, we propose to remove the reference to the “Guide to Preparation of Environmental Analysis for Deepwater Ports” because of its outdated information. As a result, the current guidelines for environmental analyses are added to proposed appendix A to part 148. This will provide more flexibility in developing the environmental analysis and be more consistent with current practices and existing guidance.

33 CFR 148.211(c) on Processing an Application

We propose to remove this section to reduce the paperwork burden on the applicant.

33 CFR 148.507(c) and (d) on Reports of Site Evaluation and Pre-Construction Testing

We propose to combine paragraphs (c) and (d), which require preliminary and final reports, and require only a final report. The applicant would be given 120 days to submit this report.

33 CFR 149.203(d) on Photographic Records

We propose to remove the requirements for submitting drawings and specifications on 105-mm negatives and propose to let the licensee determine the most feasible way to record these drawings and specifications.

33 CFR 149.205 on Design Standards

In § 149.205(b), we propose to reference the updated American Petroleum Institute (API) recommended practice, API RP 2A-WSD (Working Strength Design), instead of the currently referenced API RP 2A. This updated recommended practice would apply to all deepwater ports contracted for on or after the effective date of the final rule.

As an alternative to API RP 2A-WSD, API developed API RP 2A-LRFD, Load and Resistance Factor Design. It contains the engineering design principles and practices that form the basis of API RP 2A-WSD and uses reliability-based calibration on individual structural members. We propose to allow the use of either API RP 2A-WSD or API RP 2A-LRFD.

For heliports on fixed deepwater ports, we propose to add API RP 2L as the standard for design and construction of heliports. See proposed § 149.625(f).

33 CFR 149.206 on Construction

We propose to align the requirements for structural fire protection with those in proposed §§ 143.1115 through 143.1135 of the OCS Activities NPRM.

33 CFR 149.209, 150.119, and 150.121 on Classification Society Certificates for Single Point Moorings

We propose to combine §§ 150.119 and 150.121 with § 149.209 for easier reading. In addition, we propose to allow a deepwater port licensee to request the use of an alternate classification society's rules for building a single point mooring. We published a final rule (62 FR 67525) on December 24, 1997, on alternate compliance via recognized classification societies for U.S. tank vessels, passenger vessels, cargo vessels, miscellaneous vessels, and mobile offshore drilling units (MODU's).

33 CFR 149.211 on Installed Mountings for Emergency Equipment

We propose to remove this section because this subject is already dealt with in other sections of the OCS Activities NPRM.

33 CFR 149.215 on Interference With Helicopter Operations

We propose to remove this section because it has already been covered in NFPA 407, which is incorporated by reference in this subchapter.

33 CFR 149.217 on First Aid Stations

We propose to align this section with the OCS Activities NPRM.

33 CFR 149.305 (b) on Shutoff Valves for Pipeline End Manifolds

Based on LOOP's experience, we propose to delete the redundant phrase “Cargo Transfer Supervisor's normal place of duty,” and replace it with “pumping platform complex.” The pumping platform complex is the cargo transfer supervisor's normal place of duty.

33 CFR 149.311(b) on Monitoring the Malfunction Detection System

Section 149.311(a) requires that the oil transfer system have a system to detect and locate leaks. Paragraph (b) requires that the detection system be monitored at the Cargo Transfer Supervisor's place of duty. We propose to remove paragraph (b) because it is vague and unnecessarily restrictive. A system to detect leaks under paragraph (a) would necessarily involve monitoring.

33 CFR 149.317 on Communications Equipment

We propose to align the communications requirements with those in § 154.560.

33 CFR 149.321 on Special Requirements for On-Loading Ports

Based on LOOP's experience, we propose to add a sentence clarifying that, when a vessel-to-vessel transfer occurs at a deepwater port, the deepwater port is not required to receive oil residues.

33 CFR 149.403 on Curbs, Gutters, Drains, and Reservoirs

We propose to amend this section to require only that oil drainages and contaminants not authorized for discharge into the waters be collected in reservoirs.

33 CFR 149.421 on Means of Escape From a Platform

We propose to align this section with the proposed requirements for means of escape in the OCS Activities NPRM.

33 CFR 149.423 on Means of Escape From a Helicopter Landing Pad

We propose to align this section with the proposed requirements for means of escape in the OCS Activities NPRM.

33 CFR 149.441 on Guardrails, Fences, Nets, and Toeboards

We propose to align this section with the requirements in the OCS Activities NPRM.

33 CFR 149.477 on Spray Applicators

The final rule published in the

Federal Register

on May 23, 1996, (CGD 95-027, 61 FR 26009) eliminates the requirement for spray applicators. Newer nozzles may be approved without spray applicators. But, all fire hose nozzles approved under 46 CFR part 162, subpart 162.027, before 1996 need to have a spray applicator as approved under that subpart. We propose to include this provision in § 149.425.

33 CFR 149.479 on International Shore Connections

We propose to remove this requirement. Based on experience at LOOP, the connections are rarely used and are an unnecessary cost.

33 CFR 149.481 through 149.483 on Other Fire Extinguishing Systems

We propose to align this section with the OCS Activities NPRM.

33 CFR 149.491 on Fire Detection and Alarm Systems

We propose to align this section with the OCS Activities NPRM, with the following exception. An existing deepwater port would be able to use the fire detection system it currently has installed until the system is replaced.

33 CFR 149.505 and 149.507 on Spare Charges and Marking of Extinguishers

We propose to align these sections with the OCS Activities NPRM.

33 CFR 149.511 and 149.513 on Helicopter Landing Areas

We propose to align these sections with the OCS Activities NPRM.

33 CFR 149.515 on Fire Axes

We propose to align this section with the OCS Activities NPRM.

33 CFR 149.521 Through 149.537 on Lifesaving Equipment

We propose to align these sections with the OCS Activities NPRM. An existing deepwater port would be able to keep their existing equipment until it needs replacement.

33 CFR 149.539 on Portable Lights

We propose to revise this section by making it less detailed and by allowing the use of any light or supply cord suitable for the environment where they will be used.

33 CFR 149.543 on the Marking of the General Alarm

As a result of LOOP's experience and to better differentiate between the general alarm and the oil transfer system alarm, we propose to require the letters on the general alarm to be yellow on a red background.

33 CFR 149.703 through 149.775 on Aids to Navigation

We propose to update this section with the latest technological advances and to reorganize it for easier reading.

33 CFR 149.793 on Marking for Piles and Pile Clusters

We propose to clarify this section. The objective of this section is to require that objects protruding from the water, other than platforms and SPM's, be marked so that they are visible from vessels transiting the area.

33 CFR 150.105, 150.106, and 150.107 on the Operations Manual

We propose to remove the reference in § 150.105 to the “Guidelines for Preparation of a Deepwater Port Operations Manual.” Instead of this reference, we propose to list, in § 150.15, the items that an operations manual should include. This change would be consistent with the requirements for onshore facilities, which do not reference a separate document listing the items. The new list would require less information than the detailed Guidelines.

Section 150.106 requires that 25 operations manuals be submitted to the Coast Guard. We see no need for this many manuals and propose that only five are submitted.

We propose to align § 150.107, concerning amendments to the operations manual, with the requirements for facilities transferring oil and hazardous material in bulk in § 154.320.

33 CFR 150.119 on Notice of an ABS Certificate

We propose to delete this section, which requires written notification from the licensee to the Commandant upon receipt of the American Bureau of Shipping (ABS) certificates for a single point mooring at a deepwater port.

33 CFR 150.123 on Weather Monitoring

We propose to move these requirements to the operations manual, as suggested by one comment. The day-to-day operation is a more appropriate subject for the operations manual.

33 CFR 150.125 on Water Depth Measurements

We propose to remove this section, as requested in several comments.

33 CFR 150.211 on Qualifications of a Mooring Master

In 1980, LOOP requested that the qualifications for a mooring master include a person with 1 year of experience in charge of an offshore crude oil lightering operation involving tankers of 70,000 DWT or larger. The Coast Guard approved the petition because it maintained a high level of qualification for the job, while expanding the number of U.S. citizens qualified for the job. We propose to include this qualification in this section.

33 CFR 150.333 on Advance Notice of Arrival

To remain consistent with other Coast Guard regulations, we propose to align, to the extent practicable, the regulations for advance notice of arrival with those in 33 CFR 160.207.

33 CFR 150.417 on the Declaration of Inspection

We propose to align the requirement for the declaration of inspection for transferring oil with that for OHMB facilities in 33 CFR 156.150.

33 CFR 150.509 on the Use of Personal Protection Equipment

We propose to align this section with the OCS Activities NPRM.

33 CFR 150.511 on Maintenance of Personal Protection Equipment

We propose to align this section with the OCS Activities NPRM.

33 CFR 150.513 on Sanitation

One comment states that this regulation was unnecessary in light of accepted industry standards. We agree and propose to remove this section.

33 CFR 150.516 on Aircraft Operations

Helicopter operations on offshore facilities are routine and relatively safe. They do not require that appropriately clothed personnel, as called for in § 150.516, be available on the helicopter deck during helicopter operations. Other offshore facilities are not required to have someone on the deck. Therefore, as one comment requests, we propose to remove this requirement.

33 CFR 150.521 and 150.523 on Housekeeping and Illumination

We propose to move these requirements to the operations manual.

33 CFR 150.525 on Emergency Medical Technicians (EMT's)

One comment suggests that we delete this requirement. In § 142.366(c) of the OCS Activities NPRM, an EMT is required for the rescue team for confined-space entry. We propose to delete § 150.525 because proposed § 150.600 incorporates the OCS Activities provision.

33 CFR 150.527 on First Aid Kits

We propose to align this section with the OCS Activities NPRM.

33 CFR 150.707 on the Oil Throughput Report

We propose to remove this section because, under the Oil Pollution Act of 1990 (OPA 90), the Deepwater Port Liability Fund (DPLF) was superseded by the Oil Spill Liability Trust Fund (OSLTF). All funds remaining in the DPLF were deposited in the OSLTF and oil throughput reports were no longer required.

33 CFR 150.711 on Casualty or Accident Reporting

We propose to update this section to reflect the Coast Guard's changes to the requirements for casualty reporting in other Coast Guard regulations.

33 CFR 150.713 on Sabotage and Subversive Activities

We propose to remove the requirement for a written confirmation following a report of sabotage or subversive activity, because we found that the confirmation is unnecessary.

33 CFR 150.755 on Port Inspection Records

We propose to replace this section with a requirement for an annual self-inspection report to be completed and sent to the local COTP. This self-inspection report would be similar to the Fixed OCS Facility Inspection Report, form CG-5432, required for all fixed OCS facilities.

33 CFR 150.757 on the Oil Throughput Log

One comment in response to the ANPRM suggests that this requirement was covered in other regulations, particularly the U.S. Customs Service, and should be removed. We agree and propose to remove this section.

Where Are Current Deepwater Ports Regulations Located in the Proposed Rule?

Table 1.—Distribution and Derivation Table

If the regulation is in 33 CFR—

You will find it in the NPRM at

proposed—

If you are looking at the proposed NRPM cite—

It is derived from 33 CFR—

148.1

148.1

148.1

148.1

148.3

148.5

148.2

149.105, 150.103

148.101

148.100

148.3

148.103

148.115

148.5

148.3, 150.204, 150.303, 150.403

148.105

148.110

148.10

148.107(a) and (b)

148.115

148.100

148.101

148.107(c) through (e)

148.125

148.105

148.109

148.109

148.105

148.107

148.109(z)(1)

148.109(z)(1)

148.107

148.108

148.109(z)(5)

148.109(z)(5)

148.108

148.110

148.105

148.111

148.130

148.115

148.103, 148.107(a), (b)

148.125

148.107(c) through (e)

148.130

148.111

148.201

148.200

148.200

148.201

148.203(b)

148.232

148.203

148.205

148.205

148.205

148.205

148.207

148.207

148.207

148.207

148.211

148.209

148.209

148.211

148.213

148.211

148.211

148.213

148.215

148.213

148.213

148.215

148.216

148.215

148.215

148.216

148.217

148.217

148.217

148.217

148.219

148.221

148.221

148.219

148.231

148.222(a) and (b)

148.222(a) and (b)

148.231

148.233

148.222(c)

148.222(c)

148.233

148.235

148.227

148.227

148.235

148.251

148.228

148.228

148.251

148.253

148.230

148.230

148.253, .283

148.232

148.203(b), .287, .291

148.255

148.234

148.234

148.255

148.257

148.236

148.236

148.257

148.259

148.232(a)

148.261

148.238

148.238

148.261

148.263

148.240

148.240

148.263

148.265

148.242

148.242

148.265

148.267

148.244

148.244

148.267

148.269

148.232(a)

148.271

148.232(a)

148.273(a) and (c)

148.246

148.246

148.273(a) and (c)

148.273(b)

148.248

148.248

148.273(b)

148.275

148.250

148.250

148.275

148.277

148.232(a)

148.279

148.232(a)

148.281

148.252

148.252

148.281

148.283

148.230

148.285

148.254

148.254

148.285

148.287

148.232

148.289

148.232, .242

148.291

148.232(a)

148.256

148.321(a)

148.277

148.276

148.321(b)

148.321(b)

148.276

148.277

148.321(a)

148.323

148.279

148.279

148.323

148.325

148.281

148.281

148.325

148.327

148.283

148.283

148.327

148.400

148.300

148.300

148.400

148.403

148.305

148.305

148.403

148.307

148.407(a)

148.405

148.310

148.310

148.405

148.407

148.277, .307

148.315

148.501

148.400

148.400

148.501

148.503

148.405

148.405

148.503

148.505

148.410

148.410

148.505

148.507

148.415

148.415

148.507

148.509

148.420

148.420

148.509

148.601

148.500

148.500

148.601

148.603

148.505

148.505

148.603

148.605

148.510

148.510

148.605

148.607

148.515

148.515

148.607

148.701

148.600

148.600

148.701

148.703

148.605

148.605

148.703

148.610

148 Appendix A

148 Appendix A

148 Appendix A

148 Appendix A

148 Annex A

148 Annex A

148 Annex A

148 Annex A

149.101

149.1

149.1

149.101

149.105

148.2

149.5

149.201

149.600

149.10

149.203(a) through (c)

149.615

149.100

149.301

149.203(d)

149.620

149.105

149.303

149.205

149.625

149.110

149.305

149.206

149.640

149.115

149.307

149.209

149.650

149.120

149.309

149.211

149.125

149.311

149.213

149.655

149.130

149.313

149.215

149.135

149.315

149.217

149.680

149.140

149.317

149.301

149.100

149.145

149.403

149.303

149.105

149.150

149.321

149.305

149.110

149.300

149.307

149.115

149.305

149.309

149.120

149.310

149.402

149.311

149.125

149.400

149.313

149.130

149.405

149.315

149.135

149.410

149.451

149.317

149.140

149.415

149.453

149.319

149.420

149.457

149.321

149.150

149.425(a)

149.467

149.401

149.425(b)

149.469

149.402

149.310 and 149.430

149.425(c)

149.471

149.403

149.145

149.425(d) and (e)

149 473

149.411

149.660

149.430

149.402

149.421

149.690

149.500

149.701

149.423

149.690

149.505

149.705

149.431

149.690

149.510

149.707

149.433

149.690

149.520

149.441

149.690

149.521

149.703

149.451

149.410

149.523

149.453

149.415(a) through (c)

149.525

149.727

149.455

149.415(d)

149.527

149.723

149.457

149.420(a) through (c)

149.530

149.751 and 149.753

149.459

149.420(d)

149.531

149.755 and 149.757

149.461

149.420(e)

149.533

149.759

149.463

149.420(f)

149.535

149.797

149.465

149.420(g)

149.540

149.751

149.467

149.425(a)

149.545

149.755

149.469

149.425(b)

149.550

149.753

149.471

149.425(c)

149.555

149.755 and 149.757

149.473

149.425(d)

149.560

149.771 and 149.773

149.477

149.425(e)

149.565

149.773

149.479

149.570

149.791

149.481

149.405

149.575

149.793

149.483

149.405

149.580

149.795

149.491

149.405

149.585

149.799

149.501

149.405

149.600

149.20l

149.503

149.405

149.610

150.117

149.505

149.405

149.615

149.203 (a) and (b)

149.507

149.405

149.620

149.203 (c) and (d)

149.511

149.405

149.625

149.205

149.513

149.405

149.630

New

149.515

149.405

149.640

149.206

149.517

149.405

149.650

149.209 and 150.121

149.521 through 149.537

149.305

149.655

149.213

149.539

149.695

149.660

149.411

149.541

149.665

149.665

149.541

149.543

149.670

149.670

149.543

149.545

149.675

149.675

149.545

149.701

149.500

149.680

149.217 and 150.527

149.703

149.521

149.685

149.705

149.505

149.690

149.421, .423, .431, .433 and .441

149.707

149.510

149.695

149.539

149.721

149.723

149.527

149.724

149.520

149.725

149.727

149.525

149.729

149.751

149.540

149.753

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)

149.759

149.533

149.771

149.773 (a)

149.560

149.773 (b)

149.775

149.565

149.791

149.570

149.793

149.575

149.795

149.580

149.797

149.535

149.799

149.585

150.101

150.1

150.1

150.101

150.103

148.2

150.5

150.105 (a)—(b)

150.10, 150.105

150.10 (a)—(b)

150.105 (a)—(b)

150.106

150.20

150.10 (c)

150.109

150.107 (a)—(c)

150.25

150.15

150.105

150.107 (d)

150.35

150.20

150.106

150.109

150.10 (c)

150.25

150.107 (a)—(c)

150.113

150.40

150.30

150.107 (a)—(c)

150.115

150.45

150.35

150.107 (d)

150.117

150.40

150.113

150.119

150.45

150.115

150.121

150.50

150.129

150.123

150.100

150.125

150.127

150.129

150.50

150.201

150.200

150.200

150.201

150.203

150.210

150.205

150.204

148.5

150.210

150.203

150.205

150.220

150.215

150.217

150.220

150.205

150.207

150.225

150.225

150.207

150.209

150.230

150.230

150.209

150.211

150.235

150.235

150.211

150.213

150.240

150.240

150.213

150.215

150.245

150.245

150.215

150.217

150.215

150.250

150.301

150.300

150.300

150.301

150.303

148.5

150.305

150.307

150.310

150.310

150.307

150.309 (a) and (b)

150.320

150.309 (c)

150.365

150.320

150.309 (a) and (b)

150.311

150.325

150.333

150.313

150.330

150.335

150.315

150.345

150.317

150.355

150.340

150.337

150.333

150.325

150.345

150.315

150.335

150.330

150.350

150.338

150.337

150.340

150.355

150.317, 150.339

150.338

150.350

150.339

150.355

150.365

150.309

150.341

150.370

150.370

150.341

150.342

150.375

150.375

150.342

150.345

150.380

150.380

150.345

150.385

150.400

150.400

150.400

150.400

150.403

148.5

150.405

150.405

150.405

150.405

150.407

150.407

150.409

150.409

150.411

150.420

150.420

150.411

150.413

150.425

150.425

150.413

150.415

150.430

150.430

150.415

150.417

150.435

150.435

150.417

150.419

150.421

150.447

150.440

150.423

150.423

150.440

150.445

150.425

150.425

150.445

150.447

150.421

150.500

150.500

150.500

150.500

150.503

150.505

150.505

150.503

150.510

150.504

150.515

150.515

150.504

150.505

150.520

150.520

150.505

150.507

150.525

150.525

150.507

150.509

150.600

150.530

150.515

150.511

150.600

150.535

150.517

150.513

150.515

150.530

150.516

150.600

150.509

150.517

150.535

150.519

150.521

150.523

150.525

150.600

150.527

149.680

150.601

150.700

150.700

150.601

150.603

150.705

150.705

150.603

150.605

150.710

150.710

150.605

150.607

150.715

150.715

150.607

150.611

150.720

150.720

150.611

150.701

150.800

150.800

150.701

150.703

150.805

150.805

150.703

150.705

150.810

150.810

150.705

150.707

150.815

150.711

150.711

150.815

150.820

150.711

150.713

150.835

150.825

150.751

150.840

150.830

150.753

150.845

150.835

150.713

150.755

150.840

150.751

150.757

150.845

150.753

150.759

150.850

150.850

150.759

150 Appendix A

150.900 thorough 150.915

150.900

150 Appendix A

150 Annex A

150.935

150.905

150 Appendix A

150.910

150 Appendix A

150.915

150 Appendix A

150.920

147.30

150.925

147.35

150.930

147.105

150.935

150 Annex A

Safety and Environmental Management Program (SEMP)

In keeping with our belief that overall performance should be placed ahead of rote equipment testing and reliance on prescriptive regulations, we are requesting comments on the feasibility of allowing the voluntary use of safety and environmental management programs (SEMP's) as alternatives to certain regulations on workplace safety and health. The Minerals Management Service (MMS) has promoted this approach for offshore facilities since 1991. You can find more information about MMS by accessing the following web site:

http://www.mms.gov/semp/index.htm.

Also, you may refer to the American Petroleum Industry Recommended Practice 75 (API RP 75) entitled, “Recommended Practice for Development of a Safety and Environmental Management Program for Outer Continental Shelf (OCS) Operations and Facilities.” API RP 75 is available for a fee from API on the Internet at

http://www.api.org.

We would like your comments on the pros and cons of the voluntary use of SEMP as an alternative to, or as a complement to, specific provisions in these proposed regulations.

Security and Terrorism

The terrorist attacks of September 11, 2001, have increased our awareness of the vulnerability of deepwater ports to attack. As a result, we are emphasizing a requirement already in the deepwater port regulations that an applicant for a deepwater port license include, within the port's operating manual, a plan to provide for port security that addresses actions to detect and deter potential terrorist threats and to mitigate the consequences of an attack. It is the operator's responsibility to identify risks and describe the actions that will be taken to increase security at a deepwater port. These actions will be developed by the operator, licensee, or both in consultation with the Coast Guard on a case-by-case basis and may include, but not be limited to, control of access to the port, monitoring and alerting vessels that approach or enter the port's security zone, notification requirements in the event of a perceived threat to the port, and response requirements in the event of an attack.

Incorporation by Reference

Material proposed for incorporation by reference appears in proposed § 148.10. You may inspect this material at U.S. Coast Guard Headquarters where indicated under

ADDRESSES.

Copies of the material are available from the sources listed in § 148.10.

Before publishing a binding rule, we will submit this material to the Director of the Federal Register for approval of the incorporation by reference.

Regulatory Evaluation

This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). A draft Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is available in the docket as indicated under

ADDRESSES.

A summary of the Evaluation follows.

The proposed changes include those to clarify the language and structure of the regulations and also those to update the regulations with current technology and industry standards. In particular, many of the changes proposed in this rulemaking result from our attempt to align, to the extent feasible, the deepwater port regulations with those for fixed facilities in the OCS Activities NPRM. This alignment is accomplished by cross-references, in the deepwater ports NPRM, to provisions in the OCS Activities NPRM. For a complete list of the proposed changes to 33 CFR parts 148, 149, and 150, refer to appendices A and B in the Regulatory Evaluation, located in the docket as indicated under

ADDRESSES.

Currently, there is only one licensed deepwater port, which is the Louisiana Offshore Oil Port (LOOP), located 18 miles offshore of Louisiana in the Gulf of Mexico. We estimate that this existing deepwater port is already compliant with many of the proposed regulations and also assume that LOOP represents industry standards. Therefore, the baseline we are using to estimate the benefits and costs of this proposed regulation is not the current 25-year old regulation, but rather the existing industry standard established by LOOP. Furthermore, we assume that new deepwater port construction will follow the industry standard. Based upon discussion with industry, we expect two additional deepwater ports will apply for a license within the next decade.

Costs.

The total present value cost for the proposed rule for the 10-year period would be $19,996. This estimate was derived as follows. The existing deepwater port is already compliant with many of the proposed regulations. In addition to the existing population (LOOP), costs are also considered for two new deepwater ports, which we estimate will enter the industry in each of the years 2002 and 2005. We expect that these entrants would follow existing industry standards and would, therefore, face the same costs as the existing industry. Proposed changes that would have a quantitative impact are the following:

1. This proposal would require the facility to perform periodic weight testing of survival craft falls if a survival craft has a fall replaced or every 5 years, whichever comes first. This weight testing would ensure the delivery system is operational and ready for use in an emergency. We estimate the present value cost to total $2,311 for all three deepwater ports.

2. This proposal would require the deepwater port to change the marking of the general alarm to yellow letters on a red background. We estimate the one-time present value cost to total $67 for all three deepwater ports.

Although we assume the existing industry is compliant with the majority of the proposed rules, we do not assume that it meets the exact collection of information requirements. Therefore, we have integrated the costs associated with the paperwork burden into the total industry costs. The paperwork burden amounts to the present value cost of $17,618 for all three deepwater ports.

Benefits.

The total present value of industry benefits for the proposed rule for the 10-year period would be $4,159. This estimate was derived as follows.

The proposed rulemaking is consistent with the deepwater port industry's request to have its regulations aligned with the OCS regulations. Hence, the accumulated benefits are the result of updating the regulations and removing any that are obsolete or unnecessary. Many of these proposed changes would neither change existing practice nor have a quantitative impact on the existing deepwater port, because the original regulations are obsolete.

Although the collection-of-information requirements represent a majority of the costs of this proposed regulation, they also represent a qualitative benefit. The Coast Guard considers that the proposal would aid its ability to enforce regulations, thereby promoting the safety of life and property on deepwater ports. Furthermore, by deepwater ports recording training and safety inspection information, their own safety level would increase by improving accident readiness, noise

level awareness, and lifesaving equipment preparation.

Some of the proposed changes, which are simply a sunk cost for the existing deepwater port, represent a quantitative benefit for the two new deepwater ports that are expected to enter the industry. These benefits include (1) Lowering the requirement for fire axes from eight to two ($356 present value (PV)), (2) removing the requirement for the carriage of spare charges for 50 percent of all portable extinguishers ($340 PV), and (3) removing the requirement to have appropriately clothed personnel during aircraft operations ($340 PV). In addition, new deepwater ports would also accrue benefits due to the decrease in the collection of information requirements in the license application process. These reductions include (1) removing the requirement for various financial information ($815 PV), (2) reducing the number of application copies ($1,969 PV), and (3) removing the preliminary-report requirement for site evaluation and pre-construction testing ($339 PV).

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

There is one company that owns a deepwater port, LOOP. The 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 and, thus, would not be small businesses.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under

ADDRESSES.

In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it.

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 proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Robert Spears, Project Development Division (G-MSR-2), telephone 202-267-1099, fax 202-267-4547.

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

Collection of Information

This proposed rule would call for collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR 1320.3(c), “collection of information” comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The titles and descriptions of the information collections, a description of those who must collect the information, and an estimate of the total annual burden follows. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collections.

The information collection requirements of this proposed rule are addressed in the OMB collections 2115-0569 and 2115-0580.

1. OMB Collection 2115-0569.

Title:

Outer Continental Shelf Activities and Deepwater Ports—Self-Inspection of Fixed Facilities, Confined-Space Entry, and Lifesaving/Firefighting Equipment.

Summary of the Collection of Information:

This proposal would add collection-of-information requirements, which would result from the alignment with the OCS Facilities NPRM. The burden is incorporated into the section of this analysis entitled “Costs.” In addition to affecting LOOP, we assume the collection would affect a new industry entrant in 2002. The additional requirements would be as follows:

1. Record all onboard training (abandonment drills, fire drills, other lifesaving appliances, and musters) in an official logbook.

2. Maintain a report of monthly tests and inspections of all lifesaving equipment under proposed § 143.615 of the OCS Activities NPRM.

3. Maintain weight-testing written attestments and a report of all inspections.

4. Maintain records of annual tests and inspections of hand-portable fire extinguishers, semi-portable fire extinguishers, and fixed fire extinguishing systems.

5. Establish a written program to reduce the risk of naturally occurring radioactive material (NORM) if there are operations that introduce NORM.

6. Establish a written program to prevent exposure from blood-borne pathogens or other infectious material.

7. Before doing work on equipment that is disconnected from the power source, place a tag at the location where the power is disconnected.

8. Conduct noise-level surveys and maintain results.

9. Issue confined-space entry permits.

10. Provide a certificate for all confined-space entry training.

11. Provide a certificate for all offshore competent persons.

12. Establish a written program for confined-space entry.

13. Establish a written hazard communication program.

Need for Information:

The primary need for this information would be to determine if a deepwater port is in compliance with the regulations.

Proposed Use of Information:

This information also can help determine, in the event of a casualty, whether failure to meet these regulations contributed to the casualty.

Description of the Respondents:

Licensees or operators of deepwater ports.

Number of Respondents:

Two.

Frequency of Response:

Varies.

Burden of Response:

The burden of response would vary depending upon the collection.

Estimate of Total Annual Burden:

The average annual reporting burden to industry is 74 hours.

2. OMB Collection 2115-0580

Title:

Outer Continental Shelf Activities—Emergency Evacuation Plans for Manned OCS Facilities, MODU's,

and MIDU's; Design & Plan Approvals; In-service Inspection Plan & Letter of Compliance. Deepwater Ports—License Application and Notice and Report of Site Evaluation and Pre-construction Testing.

Summary of the Collection of Information:

This proposal would change the collection-of-information requirements for the license application. The burden is not incorporated into “Costs” because it is not a new cost. Instead, the proposed regulation reduces the requirements for a deepwater port license applicant. The associated benefits are reflected in the section entitled “Benefits.” The proposed requirements include the following:

1. License application.

2. Notice and report for site evaluation and pre-construction testing.

Need for Information:

The primary use of this information would determine if an applicant for a deepwater port meets the necessary requisites.

Proposed Use of Information:

The information determines whether a proposed deepwater port is constructed.

Description of the Respondents:

Deepwater port applicants.

Number of Respondents:

One.

Frequency of Response:

Once.

Burden of Response:

The burden of response would be 221 hours for the license application and 12 hours for the notice and report for site evaluation and pre-construction testing.

Estimate of Total Annual Burden:

The average annual reporting burden to industry is 78 hours.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), we have submitted a copy of this proposed rule to the Office of Management and Budget (OMB) for its review of the collection of information.

We ask for public comment on the proposed collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the burden of collection.

If you submit comments on the collection of information, submit them both to OMB and to the Docket Management Facility where indicated under

ADDRESSES,

by the date under

DATES.

You need not respond to a collection of information unless it displays a currently valid control number from OMB. Before the requirements for this collection of information become effective, we will publish notice in the

Federal Register

of OMB's decision to approve, modify, or disapprove the collection.

Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. This rulemaking 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 outside of the jurisdiction of the States, this rulemaking would 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

To help the Coast Guard establish regular and meaningful consultation and collaboration with Indian and Alaskan Native tribes, we published a notice in the

Federal Register

(66 FR 36361, July 11, 2001) requesting comments on how to best carry out the Order. We invite your comments on how this proposed rule might impact tribal governments, even if that impact may not constitute a “tribal implication” under the Order.

Energy Effects

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

Environment

We have considered the environmental impact of this proposed 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, and improved facilities under this rulemaking would be insignificant. The environmental impact of an individual deepwater port 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, Incorporation by reference, 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.

For the reasons discussed in the preamble, the Coast Guard proposes to revise 33 CFR chapter I, subchapter NN, as follows:

PART 148—DEEPWATER PORTS: GENERAL

SUBCHAPTER NN—DEEPWATER PORTS

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?

148.10

How can I get a copy of a publication referenced in this subchapter?

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?

148.203

What is the role of MARAD in the processing of applications?

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?

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 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 and considerations for approval of an application?

148.281

What happens when more than one application is submitted 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) and the Administrator of the Maritime Administration 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 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?

Subpart G—Limit of Liability

148.600

What is the purpose of this subpart?

148.605

How is the limit of liability determined?

148.610

What is the limit of liability for LOOP?

Appendix A to Part 148—Environmental Review Criteria for Deepwater Ports

Authority:

33 U.S.C. 1504; 49 CFR 1.46.

Subpart A—General

§ 148.1

What is the purpose of this subchapter?

This subchapter prescribes regulations for the licensing, construction, design and equipment, and operation of deepwater ports under the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-1524) (the Act).

§ 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.

§ 148.3

What Federal agencies are responsible for carrying out the Deepwater Port Act?

Under 49 CFR 1.46(s), the Coast Guard is authorized to do the following:

(a) To process applications for the issuance, transfer, or amendment of licenses for deepwater ports in coordination with the Administrator of the Maritime Administration; and

(b) To carry out the functions and responsibilities vested in the Secretary of Transportation by the Act, except for those—

(1) Reserved by the Secretary of Transportation under 49 CFR 1.44(o) (authority to issue, transfer, and amend a license);

(2) Delegated to the Administrator of the Maritime Administration under 49 CFR 1.66(aa) (approval of fees charged by adjacent coastal States and certain matters relating to international policy, civil actions, and suspension or termination of licenses); and

(3) Delegated to the Administrator of the Research and Special Programs Administration under 49 CFR 1.53(a)(3) (pipelines).

§ 148.5

How are terms used in this subchapter defined?

(a) Quotation marks around terms in this section mean that those terms are defined in this section.

(b) 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 Secretary of Transportation 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

(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://www.uscg.mil/hq/g_m/mse/equiplistexpl.htm.

The last printed version of the list, current only up through 1994, is published in COMDTINST M16714.3 (Series), Equipment List, and is available from Superintendent of Document, P.O. Box 371954, Pittsburgh, PA 15250, or by phone at 202-512-1800.

Approved

means approved by the “Commandant (G-M)”.

Barrel

means 42 U.S. gallons (159 liters) at atmospheric pressure and 60° Fahrenheit (16° 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.

Citizen of the United States

means—

(1) An individual who is a United States citizen by law, birth, or naturalization;

(2) A “State”;

(3) An agency of a “State” or a group of “States”; or

(4) A corporation, partnership, or association—

(i) That is organized under the laws of a “State” or the United States;

(ii) That has, as its president or other executive officer, an individual who is a United States citizen by law, birth, or naturalization;

(iii) That has, as its chairman of the board of directors or holder of a similar office, an individual who is a United States citizen by law, birth, or naturalization; and

(iv) That has at least the number of directors required for a quorum necessary to conduct the business of the board who are United States citizens by law, birth, or naturalization.

Coastal environment

means the navigable 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 transitional and inter-tidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the 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.

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, pile driving and bulkheading 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.

Deepwater port

means a fixed or floating man-made structure (other than a “vessel”), or a group of structures, located beyond the territorial sea and off the coast of the United States and that are used, or intended for use, as a port or terminal for the transportation, storage, and further handling of oil for transportation to any “State” (except as otherwise provided in 33 U.S.C. 1522), and for other uses not inconsistent with the purposes of this subchapter, including transportation of oil from the United States Outer Continental Shelf. The term includes all associated components and equipment, including pipelines, pumping stations, service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of the high water mark.

District Commander

means an officer who commands a Coast Guard District described in part 3 of this chapter or that individual's authorized representative.

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 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”.

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; the fish, wildlife, and other living resources of those waters; and the recreational and scenic values of those waters and resources.

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.

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”.

Oil

means petroleum, crude oil, and any substance refined from petroleum or crude oil.

PAD District

means one of the five Petroleum Administration for Defense Districts defined by the Energy Information Administration (EIA), Department of Energy, in their Petroleum Supply publications and U.S. Refinery Operations information available from the EIA at Energy Information Administration, National Energy Information Center, 1000 Independence Avenue SW., Washington, DC 20585 or at

http://www.eia.doe.gov/oil_gas/petroleum/pet_frame.html.

Person

means an individual, corporation, partnership, limited liability partnership, limited liability company, association, joint venture, or trust arrangement and includes a trustee, beneficiary, receiver, or similar representative of any of them.

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.

Production District

means the States of Louisiana, New Mexico, and Texas and each district within those states for which the Energy Information Administration (EIA), Department of Energy, separately reports production of crude oil.

Pumping platform complex

means a “platform” or a series of interconnected “platforms” that have one or more of the following features or capabilities:

(1) Can pump oil between a “vessel” and the shore.

(2) Can handle the mooring and loading of small “vessels”.

(3) Have berthing and messing facilities.

(4) Have a landing area for helicopters.

Refining District

means a refining district as defined by the Energy Information Administration (EIA), Department of Energy, for reporting refining operations. The refining districts are subsidiaries of “PAD Districts” and can be found listed in EIA's Petroleum Supply publications and U.S. Refinery Operations information available from the EIA at Energy Information Administration, National Energy Information Center, 1000 Independence Avenue SW., Washington, DC 20585 or at

http://www.eia.doe.gov/oil_gas/petroleum/pet_frame.html.

Safety zone

means the safety zone established around a “deepwater port” under part 150, subpart J, of this chapter.

Single point mooring

or

SPM

means an offshore berth that links an undersea pipeline to a tanker moored to the mooring and allows for the transfer of oil between the tanker and the pipeline.

Single point mooring-oil transfer system

or

SPM-OTS

means the part of the oil transfer system from the “pipeline end manifold” to the end of the “hose string” that connects to the tanker's manifold.

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—

(1) Tug;

(2) Linehandling boat;

(3) Crewboat;

(4) Supply vessel;

(5) Bunkering vessel;

(6) Barge; or

(7) Other similar vessel working for a licensee at a deepwater port or cleared by a licensee to service a tanker calling at a deepwater port.

Survival craft

means a craft capable of sustaining the lives of persons in distress after abandoning a port. The term includes lifeboats, life rafts, buoyant apparatus, survival capsules, and life floats. The term does not include “rescue boats,” unless the “rescue boats” are also “approved” as lifeboats.

Tanker

means a vessel that calls at a “deepwater port” to unload oil at a “single point mooring.”

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.

§ 148.10

How can I get a copy of a publication referenced in this subchapter?

(a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the

Federal Register

; and the material must be available to the public. All approved material is available for inspection at the Office of the Federal Register, 800 North Capitol Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard, Office of Operating and Environmental Standards, 2100 Second Street SW., Washington, DC 20593-0001, and is available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this subchapter and the sections affected are as follows:

American Bureau of Shipping (ABS)

ABS Technical Publications, 16855 Northcase Drive Houston, TX 77060

Rules for Building and Classing Single Point Moorings, 1996

149.650

150.405

American National Standards Institute (ANSI)

11 West 42nd Street, New York, NY 10036, or on the Internet at http://www.ansi.org

ANSI B31.4-98, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 1998 edition

149.625

American Petroleum Institute (API)

Order Desk, 1220 L Street, NW, Washington, DC, 20005-4070, or on the Internet at http://www.api.org

API RP 2A-WSD, Working Stress Design, Twentieth Edition, December, 2000

149.625

API RP 2A-LRFD, Load and Resistance Factor Design, First Edition, February, 1997

149.625

API RP 2L, Recommended Practice for Planning, Designing and Constructing Heliports for Fixed Offshore Platforms, May 1996

149.625

API RP T-1, Orientation Programs for Personnel Going Offshore for the First Time, Fourth Edition, October 1995

150.250

API RP T-4, Training of Offshore Personnel in Non-operating Emergencies, Second Edition, November 1995

150.250

API RP T-7, Training of Personnel in Rescue of Persons in Water, Second Edition, October 1995

150.250

American Society of Mechanical Engineers (ASME)

3 Park Avenue, New York, NY 10016-5990

Boiler and Pressure Vessel Code, sections I, IV, and VIII, 2001 edition

149.625

International Association of Marine Aids to Navigation and Lighthouse Authorities (AISM/IALA)

20 ter, rue Schnapper, 78100 Saint Germain en Laye, France

Recommendations for the Colours of Light Signals on Aids to Navigation

149.525

Recommendations on the Determination of the Luminous Intensity of a Marine Aid to Navigation Light, December 1977

149.521

National Fire Protection Association (NFPA)

Secretary, Standards Council, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101.

NFPA 72, National Fire Alarm Code®, 1999

Edition

149.405

NFPA 407, Standard for Aircraft Fuel Servicing, 1999 Edition

149.655

Underwriters Laboratories, Inc. (UL)

Available from: Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112; telephone 800-854-7179

UL 19 Lined Fire Hose and Hose Assemblies, 2001

149.425

UL Hazardous Location Equipment Directory, 2001, Portable Lighting Units

149.645

Subpart B—Application for a License

§ 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.

§ 148.105

What must I include in my application?

Your application must include the following:

(a)

The identity of the applicant and its affiliates and consultants.

(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 history of the applicant and affiliates for the last 5 years, including whether they filed for bankruptcy and if so the dates, the disposition and any reorganization that may have resulted; whether there have been any violations of state or federal laws; and whether there is outstanding litigation.

(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)

Information on citizenship, incorporation, and authority of the applicant.

If the applicant is applying as—

Then the applicant must submit—

(1) An individual, a group of individuals, or a partnership

An affidavit from each individual stating that each is a citizen of the United States of America.

(2) A corporation

One copy of the charter signed by the Secretary of State or authorized official of the State of incorporation and one copy of the corporate by-laws certified by the corporation's secretary or assistant secretary.

(3) A State or combination of States or any political subdivision, agency, or instrumentality of a State, including a wholly owned corporation

A copy of the State laws authorizing the operation of a deepwater port.

(4) A Limited Liability Company

Article of organization and any related amendments.

(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—

(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; and

(ii) Interim income statements and balance sheets for each quarter, unless included in the most recent annual financial statement, that ends at least 30 days before submission of the application.

(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 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.

(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) To the extent known to the applicant or its affiliates, the anticipated—

(i) Total refinery capacity;

(ii) Total runs to stills; and

(iii) Total demand for gasoline, jet aviation fuel, distillate fuel oils, and other refinery products for each Refining District in the PAD where oil from the deepwater port will be landed, at reasonable intervals throughout the expected useful life of the deepwater port.

(h)

Construction contract and 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 related studies used by the applicant.

(i)

Compliance with Federal water pollution requirements.

(1) Evidence 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.

(j)

Coastal zone management.

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 should 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.

(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; and

(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;

(ii) SPM swing circles;

(iii) Maneuvering areas;

(iv) Recommended ships' routing measures and proposed vessel traffic patterns in the port area;

(v) Recommended anchorage areas;

(vi) Recommended mooring areas for support vessels;

(vii) Required and recommended aids to navigation; and

(viii) Pipelines and cables within the marine site.

(2) The charted water depth throughout the proposed marine site, as verified by the reconnaissance hydrographic survey in paragraph (m)(3) of this section.

(3) A reconnaissance hydrographic survey of the proposed marine site. A requirement to submit an engineering hydrographic survey of the final marine site will be imposed as a condition in the license.

(n)

Soil data.

An analysis of the general character and condition of the ocean bottom, sub-bottom, and upland soils throughout the marine site and along the path of the pipeline to the shore and onshore. 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;

(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)

Operational information.

(1) The maximum length, draft, and deadweight tonnage of the tankers to be accommodated at each SPM.

(2) Calculations, with supporting data and other documentation, to show that the charted water depth at each proposed SPM location is sufficient to provide at least a net under-keel clearance of 5 feet (1.5 meters) for each tanker that the applicant expects to be accommodated at the SPM.

(3) A detailed description of the manner of forecasting the wind, wave, and current conditions described in the draft operations manual during which the following would occur:

(i) Shutdown of oil transfer operations.

(ii) Departure of the tanker from the mooring.

(iii) Prohibition on mooring to an SPM.

(iv) Shutdown of all operations and evacuation of the port.

(4) The speed limits proposed for tankers in the safety zone around the proposed port.

(p)

Data 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 the 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.

(q)

Data on fixed offshore components.

(1) A description and preliminary design drawing for each fixed offshore component.

(2) The design criteria, developed under part 149 of the 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 and the results of any design and evaluation studies performed by or for the applicant for any fixed offshore component and used in the development of the application.

(6) A description of the following equipment to be installed:

(i) Navigational lighting.

(ii) Safety equipment.

(iii) Lifesaving equipment.

(iv) Fire fighting equipment.

(v) Pollution prevention and removal equipment.

(vi) Waste treatment equipment.

(7) A description and preliminary design drawing of the following:

(i) The oil pumping equipment.

(ii) The piping system.

(iii) The control and instrumentation system.

(iv) Any associated equipment, including oil-throughput-measuring equipment, leak-detection equipment, emergency-shutdown equipment, and the alarm system.

(8) The personnel capacity of each pumping platform complex.

(r)

Data on offshore pipelines.

(1) A description and preliminary design drawing of the marine pipeline, including—

(i) Size;

(ii) Throughput capacity;

(iii) Length;

(iv) Depth; 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.

(s)

Data on onshore components.

(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. A deepwater port serves a facility if the facility is within a PAD District for which information is required under paragraph (g)(5) of this section and is either served by connection to a common carrier pipeline or to a component or auxiliary of a common carrier pipeline. Crude oil gathering lines and lines wholly within a facility must be included in data on onshore components only if specifically required under paragraph (cc) of this section. 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—

(i) Onshore pipelines;

(ii) Storage facilities;

(iii) Refineries;

(iv) Petrochemical facilities; and

(v) Transshipment facilities to be served by the deepwater port.

(3) The throughput reports for the calendar year preceding the date of the application for the applicant and each of the applicant's affiliates engaged in producing, refining, or marketing oil, 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.

(ii) Gasoline.

(iii) Jet aviation fuel.

(iv) Distillate fuel oils.

(v) Other refinery products.

(t)

Data on miscellaneous components.

(1) A description of the communications systems to be used in operation of the deepwater port.

(2) A description of the radar navigation system to be used in operation of the deepwater port to include—

(i) The type of radar;

(ii) The characteristics of the radar; and

(iii) The antenna location.

(3) A description of the method to be used for bunkering vessels using the deepwater port.

(4) Type, size, and number of vessels to be used in bunkering, mooring, and servicing the vessels using the deepwater port.

(5) A description and exact location of shore-based support facilities, if any, to be provided for vessels described in paragraph (t)(4) of this section.

(u)

Construction procedures.

A description of the method and procedures to be used in constructing each component of the deepwater port, including anticipated dates of completion for each specific component for each phase of construction.

(v)

Operations manual.

A draft of the operations manual for the proposed port containing the information under § 150.15 of this chapter. If the information required for the manual is not available, state why it is not and when it will be available.

(w)

Environmental impact analysis.

An analysis, as required by the National Environmental Policy Act, of the potential for impacts on the natural and human environments, including evidence of compliance with all applicable environmental laws. See appendix A to this part.

(x)

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) The color;

(ii) Characteristic;

(iii) Effective intensity (See § 149.521 of this chapter.);

(iv) Height above water; and

(v) General description of illumination apparatus.

(3) For each proposed fog signal on a structure, a general description of the apparatus.

(4) For each proposed buoy—

(i) The shape;

(ii) The color;

(iii) The number or letter;

(iv) The depth of water in which located; and

(v) A general description of any light or fog signal apparatus on the buoy.

(5) For the proposed radar beacon (RACON), height above water and a general description of the apparatus.

(y)

Telecommunications equipment.

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.

Note to paragraph (y):

When applying for a Federal Communication Commission (FCC) license for these communications facilities, you may submit the application directly to the FCC when sufficient technical information is available to meet the rules of that agency. The holding of the appropriate FCC licenses is a condition on a deepwater port license.

(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 the Secretary of Transportation 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 the start of any discharge requiring such a permit.

(aa)

Placement of structures and the discharge of dredged or fill material.

The information prescribed on the application for 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.

§ 148.107

What additional information may be required?

(a) The Commandant (G-M), in coordination with the Administrator of the Maritime Administration, 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 applicant must identify the locations where the applicant and its affiliates have filed documents relating to deepwater ports that were prepared within 4 years of the date of the application for a license and that fall under one or more of the following categories:

(1) Prepared by or for, or submitted to, a Board of Directors or an executive, management, or planning committee.

(2) Concern the financing of construction or operation of a deepwater port, including throughput nominations and membership in and financing of any existing or proposed joint venture.

(3) Concern existing, proposed, or anticipated rates or joint rates.

(4) Determined by the Commandant (G-M) to be required to review and process the application.

(c) The application must identify the location of documents under paragraph (a) of this section. The Commandant (G-M) may require the documents to be consolidated into one or more locations.

(d) The Commandant (G-M) makes the documents under this section available for copying and inspection under § 148.207. Any claim of privilege or immunity with respect to any document required under this section must comply with § 148.221 and be submitted to the Commandant (G-M).

(e) The Commandant (G-M) may require the applicant or the applicant's affiliates to make available for examination, under oath or for interview, persons having, or believed to have, necessary information. The Commandant (G-M), or its designee, conducts the interviews and examination.

(f) 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) 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 Secretary of Transportation may either not approve the application or may suspend it indefinitely. The deadline for the Secretary's review under the Act is extended for a period of time equal to the time of the suspension.

§ 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. The request is considered before any final determination is made.

§ 148.110

How do I prepare my application?

(a) Any person may confer with the Commandant (G-M) or the Administrator of the Maritime Administration concerning the preparation of an application.

(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.

(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 5 of the 15 copies of the application required by § 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.

§ 148.115

How many copies of the application must I send and where must I send them?

Send copies of the application as follows:

(a) Fifteen copies, plus two copies for each adjacent coastal State, to the Commandant (G-M), 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/.

§ 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. These additional costs must be submitted to the Commandant (G-M) when they are assessed.

(c) Application fees and additional costs assessed under this section must be made payable to the “United States Treasury.”

Subpart C—Processing Applications

General

§ 148.200

What is the purpose of this subpart?

This subpart prescribes the requirements for processing an application for a deepwater port license, including the procedures for maintaining the docket, designating adjacent coastal States, holding informal and formal public hearings, and approving or denying an application.

§ 148.203

What is the role of MARAD in the processing of applications?

The Commandant (G-M) coordinates the processing of applications with the Maritime Administrator.

§ 148.205

How are documents related to the application maintained?

(a) The Commandant (G-M) maintains the docket for each application.

(b) The docket contains a copy of all documents filed or issued as part of 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 the draft and final environmental impact statements 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 document from being made available for public inspection;

(2) 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

(3) Keeps a record of all individuals who have a copy of the document.

§ 148.207

How and where can I view docketed documents?

(a) All material in a docket under § 148.205 is available to the public for inspection and copying at Commandant (G-M) at the address under “Commandant (G-M)” in § 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.

§ 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 the following:

(a) To each Federal agency with jurisdiction over any aspect of ownership, construction, or operation of deepwater ports. At a minimum, these must include the Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the Minerals Management Service, the State Historic Preservation Officer, and relevant State environmental and natural resources protection agencies.

(b) To each adjacent coastal State.

§ 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, to Commandant (G-M), 15 copies of the change or the additional information, plus 2 copies for each adjacent coastal State.

§ 148.213

How do I withdraw my application?

The applicant may withdraw its application at any time before the proceeding is terminated by delivering or mailing notice of withdrawal to the Commandant (G-M) for docketing.

§ 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 meet the following requirements:

(a) Be signed by the highest official of the port submitting the request.

(b) Contain a copy of the existing plans for the construction of a deep draft channel and harbor.

(c) Certify 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) Provide 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; and

(7) Environmental and social impact of the project on elements of the local and regional community.

(e) State whether the port seeks a determination that the port best serves the national interest.

§ 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 a period 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.

§ 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. 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

§ 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, publishes 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 meetings and provide oral or written information. The presiding officer may limit the time for providing oral information.

§ 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 what the report must contain.

Formal Hearings

§ 148.228

What if a formal hearing is necessary?

(a) After all public meetings under § 148.222 are concluded, the Commandant (G-M), 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 holds at least one formal evidentiary hearing under 5 U.S.C. 554 in the District of Columbia.

(c) The Commandant (G-M) files a request for assignment of an administrative law judge with the ALJ Docketing Center. The Chief Administrative Law Judge designates an administrative law judge (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 Secretary of Transportation in deciding whether to approve or deny a license.

§ 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 administrative law judge (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.

§ 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.

§ 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.

§ 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 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.

§ 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.

§ 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 ten 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.

§ 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.

§ 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 § 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.

§ 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.

§ 148.248

What happens when a document does not contain all necessary information?

Any document that does not satisfy the requirements in §§ 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.

§ 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).

§ 148.252

What is the procedure for having a subpoena served?

(a) A party 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 § 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 don't use this form, the proposed subpoena must contain—

(1) The docket number of the proceedings;

(2) The captions “Department of Transportation,” “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 § 20.309(d) of this chapter and paragraph (f) 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.

§ 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 for docketing.

(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.

(d) Any motion to correct the record must be submitted within 10 days after the record is docketed.

§ 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

§ 148.276

When must the application be approved or denied?

Within 90 days after the close of the last public meeting or formal hearing, the Secretary of Transportation either approves or denies the application.

§ 148.277

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

(a) Under § 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 by the Secretary of Transportation, the Commandant (G-M), and the Administrator of the Maritime Administration, comments from Federal agencies and adjacent coastal States must reach the Commandant (G-M), at the latest, within 45 days after the completion of the last of the public meetings and formal hearings on an application.

(c) Comments should identify problems, if any, and suggest possible solutions.

§ 148.279

What are the criteria and considerations for approval of an application?

(a) The Secretary of Transportation approves an application if the Secretary determines that—

(1) The applicant is financially responsible and will carry insurance, or give other evidence of financial responsibility to meet its limit of liability established under subpart G of this part for removal costs and damages that could result from a discharge of oil from the deepwater port or a vessel moored at the deepwater port;

(2) The applicant can and will comply with applicable laws, regulations, and license conditions;

(3) The construction and operation of the deepwater port will be—

(i) In the national interest;

(ii) Consistent with national security;

(iii) Consistent with other national policy goals and objectives, including energy sufficiency and environmental quality; and

(iv) Consistent with the Act, this subchapter, and other applicable laws, including those listed in appendix A to this part;

(4) The deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law;

(5) The applicant has demonstrated that the deepwater port will be constructed and operated according to the environmental review criteria in appendix A to this part and will use the best available technology, so as to prevent or minimize adverse impact on the marine environment; and

(6) Any State connected to the deepwater port by pipeline—

(i) Is receiving a planning grant under section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454); or

(ii) Has developed, or is developing, an approved coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1465). This program must include the area that will be directly and primarily impacted by land and water development in the coastal zone resulting from the deepwater port.

(b) After making the determinations under paragraph (a) of this section, the Secretary considers the following:

(1) The information in the application and any other applications for licenses submitted under 33 U.S.C. 1504(d)(3) for the same application area.

(2) The information from the public meetings and formal hearings held under this part.

(3) The final environmental impact statement for the application area concerned.

(4) The views on the adequacy of the application and its effects on programs within their respective jurisdictions by the Secretaries of the Army, State, and Defense.

(5) The comments of the Maritime Administration and other Federal departments and agencies that have a specific duty under the Act or expertise concerning, or jurisdiction over, any aspect of the ownership, construction, or operation of a deepwater port.

(6) The comments from the adjacent coastal States.

§ 148.281

What happens when more than one application is submitted for the same application area?

(a) When more than one application is submitted for the same application area under 33 U.S.C. 1504(d), the Secretary of Transportation approves only one application. 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—

(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.

(3) Any other applicant.

(b) The Secretary of Transportation may also approve one of the proposed deepwater ports if the Secretary determines that that port will best serve the national interest. In making this

determination, the Secretary considers—

(1) The degree to which each deepwater port will affect the environment, as determined under the review criteria in appendix A 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.

§ 148.283

When is the application process stopped before the application is approved or denied?

The Commandant (G-M), in coordination with the Administrator of the Maritime Administration, stops the application process before the application is approved or denied if—

(a) All applications are withdrawn before the Secretary of Transportation 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.

Subpart D-Licenses

§ 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.

§ 148.305

What is included in a deepwater port license?

A deepwater port license contains the following:

(a) The name, and the number or other identification, of the port.

(b) The name of the owner and operator of the port.

(c) The conditions prescribed under 33 U.S.C. 1503(e) for ownership, construction, and operation of the deepwater port.

(d) A statement that—

(1) There will be no substantial change from the plans, operational systems, methods, procedures, and safeguards in the license, as approved, without the written approval, in advance, of the Secretary of Transportation; and

(2) The owner will comply with any condition that the Secretary may prescribe under the Act or this subchapter.

§ 148.307

Who may consult with the Commandant G-M and the Administrator of the Maritime Administration 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) or the Administrator of the Maritime Administration on the conditions of the license being developed under 33 U.S.C. 1503(e).

§ 148.310

How long does a license last?

Each license remains in effect indefinitely unless—

(a) It is suspended or revoked by the Secretary of Transportation; or

(b) It is surrendered by the owner.

§ 148.315

How is a license amended, transferred, or reinstated?

(a) The Secretary of Transportation may amend, transfer, or reinstate a license if the Secretary 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).

§ 148.320

How is a license enforced, suspended, or revoked?

The Secretary of Transportation may enforce, suspend, or revoke a license under 33 U.S.C. 1507(c).

Subpart E—Site Evaluation and Pre-Construction Testing

§ 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 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 § 148.105(w).

§ 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.

(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 magnetometric 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,

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