[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4481]


[Federal Register: February 28, 1994]


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DEPARTMENT OF THE INTERIOR
Minerals Management Service


Memorandum of Understanding Establishing Jurisdictional 
Responsibilities for Offshore Facilities

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice.

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SUMMARY: The memorandum of understanding (MOU) establishing Federal 
jurisdictional boundaries for offshore facilities, including pipelines, 
became effective on February 3, 1994. The MOU divides the 
responsibilities associated with oil-spill prevention and control, 
response planning, and response equipment inspection for offshore 
facilities. The MOU is among the Department of the Interior (DOI), 
Department of Transportation (DOT), and the Environmental Protection 
Agency (EPA).
    The coast line marks the boundary that determines which agency is 
responsible for a facility. The MMS of the DOI is responsible for 
offshore facilities, including pipelines but not deepwater ports, 
located seaward of the coast line. The EPA is responsible for non-
transportation-related offshore facilities located landward of the 
coast line. The U.S. Coast Guard and the Research and Special Programs 
Administration of the DOT will handle transportation-related offshore 
facilities, including pipelines, located landward of the coast line.
    Any exceptions to the MOU will be determined on a facility-specific 
basis, and the affected parties will be notified.

FOR FURTHER INFORMATION CONTACT:
Sharon L. Buffington, Engineering and Technology Division; MS-4700; 
Minerals Management Service; 381 Elden Street; Herndon, Virginia 22070-
4817, telephone (703) 787-1600.

SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 12777 (56 FR 54757) 
delegated to DOI, DOT, and EPA various responsibilities identified in 
the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 
(Public Law 101-380). The E.O. 12777 assigned the responsibilities 
associated with oil-spill prevention and control, contingency planning, 
and response equipment inspection for offshore facilities to DOI. 
However, section 311(a)(11) of the CWA defines ``offshore facility'' to 
include facilities of any kind located in, on, or under navigable 
waters of the United States. By using this definition, the traditional 
DOI role of regulating facilities in the Outer Continental Shelf is 
expanded by E.O. 12777 to include inland lakes, rivers, streams, and 
any other inland waters. Without this MOU, as many as four Federal 
agencies could have overlapping responsibilities for some coastal 
facilities.
    To avoid any confusion caused by the definition of ``offshore 
facility'', MMS coordinated an effort to establish jurisdictional 
boundaries for oil-spill prevention and control, response planning, and 
response equipment inspection activities. Pursuant to section 2(i) of 
E.O. 12777, the Secretary of the Interior redelegated those functions 
vested in DOI to give EPA non-transportation-related offshore 
facilities located landward of the coast line and give DOT 
transportation-related offshore facilities landward of the coast line. 
The divisions agreed to in the MOU (Appendix A) is more consistent with 
traditional agency expertise and jurisdiction. This MOU does not 
include jurisdictional boundaries for oil-spill financial 
responsibility.

    Dated: February 17, 1994.
Thomas Gernhofer,
Associate Director for Offshore Minerals Management.

Appendix A--Memorandum of Understanding Among the Secretary of the 
Interior, Secretary of Transportation, and Administrator of the 
Environmental Protection Agency

Purpose

    This Memorandum of Understanding (MOU) establishes the 
jurisdictional responsibilities for offshore facilities, including 
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A) 
of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 
1990 (Public Law 101-380). The Secretary of the Department of the 
Interior (DOI), Secretary of Department of Transportation (DOT), and 
Administrator of the Environmental Protection Agency (EPA) agree to 
the division of responsibilities set forth below for spill 
prevention and control, response planning, and equipment inspection 
activities pursuant to those provisions.

Background

    Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, 
DOT, and EPA various responsibilities identified in section 311(j) 
of the CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 
assigned to DOI spill prevention and control, contingency planning, 
and equipment inspection activities associated with offshore 
facilities. Section 311(a)(11) defines the term ``offshore 
facility'' to include facilities of any kind located in, on, or 
under navigable waters of the United States. By using this 
definition, the traditional DOI role of regulating facilities on the 
Outer Continental Shelf is expanded by E.O. 12777 to include inland 
lakes, rivers, streams, and any other inland waters.

Responsibilities

    Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA 
and DOT agree to assume, the functions vested in DOI by sections 
2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below.
    For purposes of this MOU, the term ``coast line'' shall be 
defined as in the Submerged Lands Act (43 U.S.C. 1301(c)) to mean 
``the line of ordinary low water along that portion of the coast 
which is in direct contact with the open sea and the line marking 
the seaward limit of inland waters.''
    1. To EPA, DOI redelegates responsibility for non-
transportation-related offshore facilities located landward of the 
coast line.
    2. To DOT, DOI redelegates responsibility for transportation-
related facilities, including pipelines, located landward of the 
coast line. The DOT retains jurisdiction for deepwater ports and 
their associated seaward pipelines, as delegated by E.O. 12777.
    3. The DOI retains jurisdiction over facilities, including 
pipelines, located seaward of the coast line, except for deepwater 
ports and associated seaward pipelines delegated by E.O. 12777 to 
DOT.

Effective Date

    This MOU is effective on the date of final execution by the 
indicated signatories.

Limitations

    1. The DOI, DOT, and EPA may agree in writing to exceptions to 
this MOU on a facility-specific basis. Affected parties will receive 
notification of the exceptions.
    2. Nothing in this MOU is intended to replace, supersede, or 
modify and existing agreements between or among DOI, DOT, or EPA.

Modification and Termination

    Any party to this agreement may propose modifications by 
submitting them in writing to the heads of the other agency/
department. No modification may be adopted except with the consent 
of all parties. All parties shall indicate their consent to or 
disagreement with any proposed modification within 60 days of 
receipt. Upon the request of any party, representatives of all 
parties shall meet for the purpose of considering exceptions or 
modifications to this agreement. This MOU may be terminated only 
with the mutual consent of all parties.
Bruce Babbitt,
Secretary of the Interior.
Carol M. Browner,
Administrator, Environmental Protection Agency.
Federico Pena,
Secretary of Transportation.
[FR Doc. 94-4481 Filed 2-25-94; 8:45 am]
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