[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Proposed Rules]
[Pages 1958-1967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-159]




[[Page 1957]]

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Part IX





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



33 CFR Part 156



Designation of Lightering Zones; Proposed Rule

  Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / 
Proposed Rules   
[[Page 1958]]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 156

[CGD 93-081]
RIN 2115-AE90


Designation of Lightering Zones

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to designate three lightering zones 
in the Gulf of Mexico, more than 60 miles from the baseline from which 
the territorial sea of the United States is measured. By using these 
lightering zones, all single hull tank vessels would be permitted to 
off-load oil within the U.S. Exclusive Economic Zone (EEZ) until 
January 1, 2015. This proposal is in response to industry requests, and 
would establish the first lightering zones designated by the Coast 
Guard. It would also establish three areas in which all lightering 
would be prohibited.

DATES: Comments must be received on or before March 6, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 93-081), U.S. Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, or 
may be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477. Comments on collection-of-information 
requirements must be mailed also 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 Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket. Comments and 
other materials related to this rulemaking are available for inspection 
or copying at room 3406, U.S. Coast Guard Headquarters, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.
    A copy of the material listed in ``Incorporation by Reference'' of 
this preamble is available for inspection at room B-718, U.S. Coast 
Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Stephen Kantz, 
Project Manager, Oil Pollution Act (OPA 90) Staff, (G-MS-A), (202) 267-
6740. This telephone is equipped to record messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 93-081) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans to hold a public hearing on this proposed 
rulemaking in New Orleans, Louisiana. The date and time will be 
announced by a later notice in the Federal Register. Persons may 
request additional public hearings by writing to the Marine Safety 
Council at the address under ADDRESSES. The request should include the 
reasons why a hearing would be beneficial. If it determines that an 
additional opportunity for oral presentations will aid this rulemaking, 
the Coast Guard will hold another public hearing at a time and place 
announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Commander Stephen Kantz, Project Manager, Oil Pollution Act 
(OPA 90) Staff, and C. G. Green, Project Counsel, Regulations and 
Administrative Law Division (G-LRA).

Background and Purpose

    Section 3703a of title 46 of the United States Code establishes the 
requirements for tank vessels eventually to be equipped with double 
hulls and includes a phaseout schedule for single hull tank vessels. 
This section also provides exemptions from the double hull requirement. 
Until January 1, 2015, a tank vessel need not comply with the double 
hull requirement when it is off-loading oil at a deepwater port 
licensed under the Deepwater Port Act of 1974 as amended (33 U.S.C. 
1501, et seq.) or within a lightering zone established under 46 U.S.C. 
3715(b)(5) more than 60 miles from the baseline from which the U.S. 
territorial sea is measured (46 U.S.C. 3703a(b)(3)). Currently, only 
the Louisiana Offshore Oil Port (LOOP) has been authorized under the 
Deepwater Port Act of 1974. No lightering zones have yet been 
established under 46 U.S.C. 3715(b)(5). By using designated lightering 
zones more than 60 miles from the baseline from which the territorial 
sea is measured, single hull tank vessels contracted for after June 30, 
1990 and older single hull tank vessels phased out by OPA 90, would be 
able to lighter in the EEZ until January 1, 2015.
    Lightering of imported crude oil in the Gulf of Mexico is of 
national significance. The Regulatory Assessment prepared for this 
rulemaking estimates that in 1992 approximately 6.1 million barrels of 
crude oil per day were imported into the United States. Approximately 
1.6 million barrels per day (26 percent of imported crude oil) were 
lightered offshore in the Gulf of Mexico.
    Section 3715 of title 46 of the United States Code authorizes the 
Secretary of the Department in which the Coast Guard is operating to 
prescribe regulations on lightering operations involving oil or 
hazardous material in waters subject to the jurisdiction of the United 
States, including provisions on the establishment of lightering zones 
(46 U.S.C. 3715(b)(5)). This authority was delegated to Coast Guard 
District Commanders under 33 CFR 156.225 where necessary for safety or 
environmental protection.
    Currently, 33 CFR part 156 provides that the Coast Guard will 
consider various factors in designating lightering zones: traditional 
use of the area for lightering; weather and sea conditions; water 
depth; proximity to shipping lanes, vessel traffic schemes, anchorages, 
fixed structures, designated marine sanctuaries, fishing areas, and 
designated units of the National Park System, National Wild and Scenic 
Rivers System, National Wilderness Preservation System, properties 
included on the National Register of Historic Places and National 
Registry of Natural Landmarks, and National Wildlife Refuge System; and 
other relevant safety, environmental, or economic data (33 CFR 
156.230).
    This rulemaking proposes to designate three lightering zones in the 
Gulf of Mexico in which single-hull tankers may conduct lightering 
operations as authorized by OPA 90. This rulemaking requires extensive 
environmental and economic analysis and documentation and it has been 
determined to be a significant regulatory action under the Department 
of Transportation (DOT) and the Office of [[Page 1959]] Management and 
Budget (OMB) criteria. For these reasons, this rulemaking is being 
prepared by the Commandant of the Coast Guard. However, this proposed 
rulemaking by the Commandant will not affect the District Commander's 
authority under 33 CFR 156.225 to administer and modify these zones as 
appropriate or to designate subsequent lightering zones.

Related Rulemakings

    On September 15, 1993, the Coast Guard published a final rule (CGD 
90-052) revising 33 CFR part 156, subpart B to clarify that regulations 
issued under section 311(j) of the Federal Water Pollution Control Act 
(FWPCA) (33 U.S.C. 1321 et seq.) apply to offshore lightering 
operations when conducted in the U.S. marine environment (58 FR 48436). 
Under that rulemaking, a Declaration of Inspection (as required by 33 
CFR 156.150) and a vessel response plan (if required under part 155) 
serve as acceptable evidence of compliance with section 311(j) of the 
FWPCA. The vessel to be lightered and the service vessel, as defined in 
33 CFR 156.205, must both have such evidence of compliance on board at 
the time of a transfer. The rule also amended 156.215, pre-arrival 
notice requirements, to include the number of transfers expected and 
the amount of cargo expected to be transferred during each lightering 
operation.

Publication History

    In November 1993, the Coast Guard received several requests to 
establish lightering zones in the Gulf of Mexico. On December 2, 1993, 
the Coast Guard published in the Federal Register a notice of these 
petitions for rulemaking and request for comment (58 FR 63544).
    The requests received by the Coast Guard for the designation of 
lightering zones varied in their specifics. One requested that all U.S. 
waters of the Gulf of Mexico more than 60 miles beyond the baseline 
from which the territorial sea is measured be designated as a 
lightering zone. Another sought a large lightering zone off the coast 
of Texas and a smaller one off the coast of Louisiana. The third 
request was for a lightering zone off the coast of Mississippi.
    On December 16, 1993, the Coast Guard published in the Federal 
Register a notice of public meeting to solicit opinions on whether 
lightering zones should be established and, if so, where they should be 
located and what operating conditions should be mandated (58 FR 65683). 
A public meeting was held in Houston, Texas, on January 18, 1994. 
Ninety-six people attended this meeting, representing industry, 
environmental advocates, and government agencies. The views expressed 
at the meeting and written comments received are discussed below and 
were considered by the Coast Guard in formulating this proposed 
rulemaking.

Discussion of Comments

    Tanker owners and operators supported the designation of lightering 
zones in the Gulf of Mexico, commenting that the need for lightering 
was increasing. They also noted that approximately 40 new tankers 
possessing single hulls but otherwise state of the art, are prohibited 
from lightering in U.S. waters until and unless lightering zones are 
established. In the meantime, most oil is being imported in older, 
presumably less safe, single hull tankers.
    A representative from LOOP expressed support for the designation of 
lightering zones. He pointed out that all lighterers, not merely new 
single hull tank vessels, could use the zones. Additionally, LOOP 
argued that this project was important enough to warrant careful 
analysis.
    A representative of the State of Louisiana requested that all 
lightering be moved to 60 miles offshore, that the State of Louisiana 
be permitted to review any proposal to designate lightering zones, and 
that a public meeting be held in Louisiana. In addition, this speaker 
suggested several issues for consideration: input from natural resource 
trustees, consistency with area contingency plans, and response 
capability for spills in any established zones.
    One attendee requested that any designation of lightering zones 
contain provisions to minimize interference with artificial reefs. 
Another attendee requested measures to ensure that offshore structures 
(oil and gas platforms) and pipelines be avoided. No representative of 
a nongovernmental environmental advocacy group spoke during the public 
meeting.
    The Coast Guard received 45 written comments, ranging from support 
to criticism and raising the same issues as noted above. Also, a letter 
signed by 20 Members of Congress was received which voiced concerns 
about the possible environmental impacts of designating lightering 
zones. Two Congressmen wrote separate letters supporting the 
designation and discussing the economic impact of the failure to 
establish the zones which had been authorized by law. Finally, a letter 
from the State of Louisiana expressed concern over consistency between 
this project and the State's coastal zone management plan. This issue 
is discussed in the environmental section of the preamble.
    A letter from the Department of Interior's Mineral Management 
Service (MMS) expressed concern that establishing lightering zones may 
affect its offshore lease sales. Establishment of the proposed zones 
should not affect the leasability of offshore mineral rights. 
Furthermore, the proposed rule incorporates requirements for vessels 
underway to cease lightering operations when within 3 nautical miles 
(nm) of an offshore structure and vessels at anchor may not conduct 
lightering when within a 1 nm radius.
    The Coast Guard has determined that designating all U.S. waters of 
the Gulf of Mexico more than 60 miles beyond the baseline from which 
the territorial sea is measured as one large lightering zone is 
unwarranted. The Coast Guard does, however, propose to establish three 
lightering zones in the Gulf of Mexico off the coasts of Texas, 
Louisiana, and Mississippi generally conforming to the specific areas 
requested by the petitioners. Because of their location, the Coast 
Guard proposes to name these zones ``Southtex,'' ``Gulfmex No. 2,'' and 
``Offshore Pascagoula No. 2,'' respectively. The coordinates of the 
proposed zones are listed in the proposed subpart C of 33 CFR part 156.
    Analysis of the areas covered by the requests revealed a series of 
seamounts, also called pinnacle trends or live bottoms, cutting through 
the northern portion of the requested zone off Texas and proceeding 
along the northern edge of the requested central zone off Louisiana. 
These seamounts consist of coral reefs and other bottom-living 
organisms which attract other marine life.
    Among these seamounts is the Flower Garden Banks National Marine 
Sanctuary (the Sanctuary). The Sanctuary is administered by the 
National Oceanic and Atmospheric Administration (NOAA) of the 
Department of Commerce. Certain activities in the Sanctuary are either 
prohibited or regulated by NOAA under authority of 16 U.S.C. 1431. 
Those regulations are published in 15 CFR part 943. While anchoring 
within the Sanctuary is prohibited, the issue of lightering is not 
addressed in the NOAA regulations. Although lightering is not currently 
conducted near the Sanctuary, nothing prohibits such activity from 
occurring.
    While the Sanctuary may be the most ecologically sensitive of the 
various seamounts in the vicinity of the [[Page 1960]] requested 
lightering zones, the Coast Guard has determined that all the seamounts 
in this vicinity should be protected and lightering in their vicinity 
would constitute an interference with their passive use. Therefore, 
included within this proposed rulemaking is a provision which prohibits 
all lightering operations in the vicinity of the seamounts. For 
convenience, the seamounts have been grouped in this proposed 
rulemaking into three prohibited areas, the specific coordinates of 
which are listed in proposed subpart C of 33 CFR part 156. The 
environmental aspects of this proposed rulemaking are more fully 
discussed in the Environmental Analysis which has been placed in the 
docket.
    Establishment of the prohibited areas as proposed would result in 
the division of the requested western zone off Texas into a small 
northern zone and a larger southern zone. While the southern zone 
provides ample room for tank vessels engaged in lightering, it appears 
that the smaller northern zone may be unnecessary. Thus, the Coast 
Guard proposes to designate only the southern portion of the requested 
area as a lightering zone. Figure 1 is a pictorial representation of 
the proposed zones and prohibited areas. The Coast Guard requests 
comments on the practicality of also designating the smaller northern 
area as an additional lightering zone. The boundaries of this northern 
area, which would be called ``South Sabine Point,'' would consist of 
the waters bounded by a line connecting the following points beginning 
at:


Latitude N.                          Longitude W.                       
                                                                        
28 deg.30'00'',                      92 deg.38'00'', thence to          
28 deg.44'00'',                      93 deg.24'00'', thence to          
28 deg.33'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      94 deg.00'00'', thence to          
28 deg.18'00'',                      92 deg.38'00'',                    
and thence to the point of                                              
 beginning.                                                             
                                                                        


                                                 BILLING CODE 4910-14-P
[[Page 1961]]

[GRAPHIC][TIFF OMITTED]TP05JA95.000



BILLING CODE 4910-14-C
[[Page 1962]]

    Offshore lightering is a traditional maritime activity in the Gulf 
of Mexico and has taken place for many years. The Coast Guard's 1993 
Deepwater Ports Study contains a summary of data on U.S. crude oil 
spills from 1986 to 1990. The casualty analysis in the Study considered 
only non-catastrophic oil spills and grouped them into three basic 
categories:
    (1) Transit casualties: Navigation-related accidents, such as 
groundings or collisions, that occurred when the vessel was inbound and 
loaded with cargo oil.
    (2) Transfer casualties: Accidents which occur during cargo 
transfer operations when lightering, or discharging in-port, or at 
LOOP. These include human error and equipment failure such as hose 
ruptures, leaking valves, tank overflows, and improper connections.
    (3) Intrinsic casualties: Accidents associated with the operation 
of the ship itself rather than the activity (mode) in which it is 
engaged. These accidents would include leaks from hull cracks, sea 
chests or rudder/propeller seals, accidental discharge of dirty bilges, 
and fuel/lube oil spills. Fires and explosions not associated with 
transfer operations or navigation are also intrinsic casualties which 
may result in oil spills. These accidents are equally probable for any 
vessel in any mode. Consequently, spills resulting from such intrinsic 
casualties are grouped separately from those resulting from navigation 
or transfer operations.
    The data revealed that for transit casualties in the Gulf of 
Mexico, none occurred more than 20 miles offshore.
    For transfer casualties in the Gulf of Mexico, the Study lists 15 
minor spills attributed to offshore lightering operations, with a total 
discharge of 45 barrels. The rate for these offshore transfer 
casualties was 3 to 4 times per 1,000 transfers with an average spill 
size of 3 barrels.
    Not included in the transfer casualty data analyzed by the Study 
was the catastrophic spill from the MEGA BORG incident in 1990. A pump 
room explosion occurred while the MEGA BORG was engaged in lightering 
57 miles off the coast of Texas. As a result of the explosion, a fire 
started in the pump room and spread to the engine room. An estimated 
92,857 barrels of crude oil were burned or released into the water from 
the MEGA BORG.
    For intrinsic casualties, the data shows 18 casualties on vessels 
associated in some manner to offshore lightering activities in the 
Gulf.
    Rendezvous in the Gulf of Mexico between vessels to be lightered 
and service vessels generally occurs in the vicinity of one of nine 
locations. These locations are listed in the New Worldwide Tanker 
Nominal Freight Scale 1993 (Worldscale) published by the Worldscale 
Association of London and New York. Worldscale lists these points as 
Offshore Transshipment Areas (Offshore TSAs). The coordinates of these 
locations are as follows:

                                                                        
------------------------------------------------------------------------
                                               Latitude N.  Longitude W.
------------------------------------------------------------------------
Offshore Corpus Christi No. 1...............  27 deg.28'    96 deg.49'  
Offshore Corpus Christi No. 2...............  27 deg.48'    95 deg.31'  
Offshore Freeport...........................  28 deg.45'    95 deg.03'  
Offshore Galveston No. 1....................  28 deg.27'    94 deg.30'  
Offshore Galveston No. 2....................  28 deg.40'    94 deg.08'  
South Sabine Point..........................  28 deg.30'    93 deg.40'  
South West Point............................  28 deg.27'    90 deg.42'  
Gulfmex.....................................  28 deg.00'    89 deg.30'  
Offshore Pascagoula.........................  29 deg.27'    88 deg.13'  
------------------------------------------------------------------------

    Following rendezvous, the two ships maneuver and berth alongside 
one another. Lightering operations are then conducted in the general 
area near these transshipment points. Typically, it takes between four 
and six lighter voyages to empty a very large crude carrier (VLCC). 
Each discharge to a service vessel normally takes about 18 hours, 
although this may be accomplished in as few as 12 hours to specially 
equipped lighters. Under ideal conditions, a VLCC can be turned around 
in about 4 days, provided lighters are available for continuous, back-
to-back operations. However, conditions rarely remain ideal for that 
length of time. More typically it takes a week for a VLCC to be 
completely offloaded. It may take longer if bad weather interrupts 
operations; if fewer lighters are used; or if the capacity of the 
receiving storage facility, pipeline, or refinery does not permit it to 
take delivery at the optimum rate. Bunkering (refueling) occurs before 
or after lightering; it is not undertaken during lightering operations.
    This proposed rulemaking does not affect lightering operations in 
the traditional lightering areas. Double hull tankers and single hull 
tankers allowed to operate under OPA 90 could continue to use the 
traditional areas. Only those vessels not otherwise permitted to 
operate within the EEZ would be limited to lightering in the zones 
proposed in this rulemaking. The Coast Guard seeks comments on whether 
it should consider a rulemaking to change those traditional lightering 
areas into formal lightering zones, and whether any of the concepts 
developed in this rulemaking should be used in such a subsequent 
rulemaking.
    Lighterers generally utilize the ``Ship to Ship Transfer Guide'' 
published by the Oil Companies International Marine Forum (OCIMF) and 
the ``Guide to Helicopter/Ship Operations'' published by the 
International Chamber of Shipping (ICS) as the voluntary standard for 
industry practice during lightering. This rulemaking proposes to 
incorporate these guides and require consistent use of the practices 
contained therein.
    General operational limitations have been voluntarily adopted by 
the lightering industry in the Gulf of Mexico in addition to those 
contained in the OCIMF and ICS guides. This rulemaking proposes to make 
those limitations mandatory in the designated zones. For example, the 
service vessel would be prohibited from mooring alongside the vessel to 
be lightered when the wind velocity is 30 knots or more, the wave 
height is 10 feet or more, or when the eye of a hurricane is predicted 
to pass within 160 miles in the next 36 hours. When lightering at 
anchor, operations could not occur within 1 nm of offshore structures. 
When lightering underway, operations could not be conducted when the 
vessels come within 3 nm of an offshore structure. Vessels engaged in 
lightering would not be permitted to anchor over pipelines, charted 
artificial reefs or historical resources. The prohibited areas would 
include live topographical features found beyond the 60 mile boundary.
    During normal lightering operations, the vessel to be lightered 
remains in one general area and several (between four and six) service 
vessels rendezvous with it to take its cargo. Often these service 
vessels rapidly follow each other alongside the vessel to be lightered. 
Some crews of service vessels may be afforded opportunities to rest 
between cargo transfer operations, and some may not, depending upon the 
cargo's final delivery point. Service vessels transiting congested 
shipping lanes and pilotage waters typically require additional watch 
standers. Some crew members of the vessel to be lightered could become 
overly tired because their lightering operations continue for 
uninterrupted periods. Tired crew members tend to be less attentive to 
detail. Such inattention increases the risk of a casualty. To reduce 
the likelihood of a casualty caused by fatigue, the Coast Guard 
proposes that work hour limitations be established for crew members of 
the vessels to be lightered, and associated service vessels. These 
proposed work hour limitations are the same as those 
[[Page 1963]] currently imposed by 46 U.S.C. 8104(n) on the crew 
members of U.S. flag tankers. Those limitations, which constitute 
minimum safe operating conditions, are that no member of the crew may 
be permitted to work more than 15 hours in any 24-hour period, or more 
than 36 hours in any 72-hour period, except in an emergency or a drill. 
The term ``work'' includes any administrative duties associated with 
the vessel, whether performed on board or ashore.
    Under 46 U.S.C. 3711, no foreign flag tank vessel can operate in 
U.S. waters unless it has had a tank vessel examination within the past 
year. Sometimes delivering tank vessels arrive in the vicinity of U.S. 
waters without a current Tank Vessel Examination (TVE) letter and then 
request a Coast Guard examination at the time of the 24-hour advance 
notice of arrival. Getting a Coast Guard official out to the proposed 
lightering zones, which are further offshore than the traditional 
lightering areas, will require additional time for planning and 
logistics. Therefore, the Coast Guard proposes that vessels to be 
lightered in the zones proposed under this rulemaking be required to 
notify the appropriate Coast Guard COTP a minimum of 72 hours before a 
TVE is desired. The regulations requiring TVEs of vessels involved with 
lightering are located at 33 CFR 156.210.
    While certain single hull tankers desiring to engage in lightering 
will have no choice but to use a designated lightering zone, other tank 
vessels may use these proposed zones at their option. Any tank vessel 
conducting lightering within these zones must, under this proposal, 
comply with all the regulations applying to the zone. In addition, both 
the delivering vessel to be lightered and the service vessel must 
comply with the relevant provisions of 33 CFR parts 151, 153, 155, 156, 
and 157, including the requirements in these parts regarding financial 
responsibility and response planning.
    Under 33 CFR 156.225, when a lightering zone has been established, 
all lightering operations within a given geographic area must occur 
within the designated lightering zone. As proposed in this rulemaking, 
the geographic areas for each of the zones will be coterminous with the 
zones themselves. Therefore, with the exception of the proposed ban on 
all lightering operations in the prohibited zones, lightering outside 
the proposed zones by vessels otherwise allowed under OPA 90 to operate 
within the EEZ will not be subject to these proposed regulations. Due 
to the greater distance offshore of these proposed zones as compared 
with most of the traditional lightering areas, it is expected that few 
tank vessels will operate in the vicinity of, but outside, the proposed 
zones.
    A vessel operator may propose alternative procedures, methods, or 
equipment standards to be used in lieu of the requirements in subpart 
C. A proposal would be submitted to the cognizant Captain of the Port 
(COTP) under the procedures in 33 CFR 156.107. Operators seeking an 
exemption or partial exemption under 33 CFR 156.110 from subpart C 
requirements may also submit a request to the cognizant COTP. The 
Commander, Eighth Coast Guard District, would have authority to issue 
exemptions under section 156.110 to the operating requirements and 
conditions in subpart C of part 156.
    While the Coast Guard is not required to engage in a formal 
consultation process with the natural resource trustees as defined in 
Executive Order 12777, the Coast Guard welcomes comments from the 
various trustees, particularly regarding the potential impact this 
proposed rulemaking may have upon national contingency planning for the 
Gulf of Mexico.
    Under current regulations, tank vessel operations must be 
consistent with the appropriate Area Contingency Plans and private 
resources capable of responding to the worst case discharge must be 
provided for by contract or other approved means. Therefore, no 
additional requirements for response planning are included in this 
proposed rule.

Incorporation by Reference

    Under this proposed rulemaking, the following material would be 
incorporated by reference in Sec. 156.111: Oil Companies International 
Marine Forum (OCIMF) Ship to Ship Transfer Guide (Petroleum), Second 
Edition, 1988 and International Chamber of Shipping Guide to 
Helicopter/Ship Operations, Third Edition, 1989. Copies of the material 
are available for inspection where indicated under ADDRESSES. Copies of 
the material are also available from the sources listed in the proposed 
text of Sec. 156.111.
    Before publishing a final rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Assessment

    This proposal is a significant regulatory action under section 3(f) 
of Executive Order 12866 and has been reviewed by the Office of 
Management and Budget (OMB) under that Order. It is significant under 
the regulatory policies and procedures of the Department of 
Transportation (44 FR 11040; February 26, 1979). A draft Assessment has 
been prepared and is available in the docket for inspection or copying 
where indicated under ADDRESSES. The Assessment is summarized as 
follows.
    The Assessment for establishing lightering zones contains detailed 
information on crude oil imports to the U.S., cargo movements and 
trends, lightering industry practices and economics and the costs of 
alternative methods of delivery of crude oil to the United States. It 
contains an analysis of the effects of OPA 90 and Regulation 13G of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 (MARPOL 73/78) on vessel 
replacement requirements, taking into account the age and composition 
of the existing tanker fleet, future demand for tanker tonnage, 
shipbuilding capacity, and current and prospective rates of new tanker 
construction.
    The Assessment shows that crude oil imports by water are heavily 
concentrated in a limited number of port areas where major refining 
complexes are located. The largest refining centers are situated at or 
near ports on the Gulf of Mexico. Major Gulf Coast refineries are 
clustered along the lower Mississippi River and at Lake Charles in 
Louisiana, in the vicinities of Houston, Port Arthur/Beaumont, 
Freeport, and Corpus Christi in Texas, and at Pascagoula, Mississippi. 
In 1992, the Gulf Coast region accounted for nearly half of U.S. 
refinery output and close to three-quarters of crude oil imports. 
Because Gulf Coast ports do not have sufficient water depths to 
accommodate large vessels which are used to transport oil efficiently 
over long distances, the practice of lightering has evolved to deliver 
the oil to port.
    Unless lightering zones are established in the Gulf of Mexico, 
newly built single hull tankers which were contracted for after June 
30, 1990, will continue to be excluded from operating in waters under 
U.S. jurisdiction, except to discharge their cargoes at LOOP. In order 
to lighter newly built single hull vessels, it would be necessary to 
perform the lightering outside the EEZ, more than 200 miles offshore. 
Some older single hull vessels not yet affected by the OPA 90 phaseout 
schedule could continue unrestricted lightering at close-in locations. 
Therefore, if lightering zones are not established, it can be 
anticipated that older single hull tankers would be substituted for 
newly built [[Page 1964]] and generally superior single hull tankers 
that would be used if the lightering zones are established.
    By the end of this decade, however, a large proportion of the 
existing single hull tanker fleet will be affected by the phaseout 
schedule of OPA 90. If lightering zones are not established, these 
single hull tankers could be compelled to conduct any lightering 
operations more than 200 miles offshore. Lightering under these 
conditions, if it proved to be feasible or practicable at all, would be 
more expensive and less safe than lightering closer to shore in a 
designated lightering zone. Weather and sea state conditions not only 
are more unfavorable in deep-sea areas, but also are more unpredictable 
and subject to rapid change. Serious logistical problems would be 
encountered in providing essential support services, such as workboats, 
bunkering and provisioning. Because operations would have to be 
conducted beyond the range of most helicopters and remote from the 
bases of response vessels, capabilities to respond to emergencies would 
be impaired. Operations could not be monitored or regulated because 
they would take place outside U.S. jurisdiction. The Coast Guard does 
not consider lightering under these circumstances to be either 
practicable or desirable.
    Some of the cargo that is now lightered could be handled by 
resorting to transshipment arrangements at terminals or lightering 
areas in the Caribbean or Bahamas, but suitable transshipment terminal 
capacity in the region is limited. These alternatives to lightering in 
the Gulf of Mexico, at best, are costly and inefficient expedients. To 
the extent that these activities were carried out abroad, they would 
entail adverse small entity impacts on the array of domestic small 
businesses that depend on the revenue of current shipping activities, 
including steamship agents, bunkering and provisioning companies, 
helicopter operators, and the lightering companies. The loss of this 
business also would have adverse balance of payments impacts.
    Single hull vessels, old or new, could continue to off-load at LOOP 
until 2015; but LOOP has capacity to handle only a portion of the total 
amount of oil that is now lightered. Furthermore, LOOP cannot deliver 
by pipeline to many of the refineries which depend upon lighters for 
their supplies. Adoption of a no action alternative would impact 
refineries and the communities whose economies depend upon them at 
locations that cannot be supplied physically or economically by LOOP.
    The analysis indicates that there will be sufficient numbers of 
newly built double hull tankers and relatively young single hull 
tankers unaffected as yet by the OPA 90 phaseout schedule to meet the 
crude oil import requirements of the United States, provided most of 
these qualified ships are dedicated to supplying the U.S. market. It 
seems likely, however, that the United States will have to pay premium 
rates above world market levels to draw these newer ships from the 
world pool of tanker tonnage.
    The analysis also shows that there is a high probability of a 
worldwide shortfall of vessel capacity as this decade comes to a close 
as a result of the impact of MARPOL 13G. Although there is sufficient 
worldwide shipbuilding capacity to avert such a shortfall, a very high 
sustained level of construction would have to occur, beginning 
immediately and continuing for most of the rest of this decade. The 
current state of orders for new ships indicates a significant fall-off 
of new tanker construction from 1994 through 1996; and current tanker 
market conditions may not provide the basis for financing a high 
sustained level of construction. An acute worldwide shortage of crude 
oil shipping capacity could occur lasting for several years, and 
resulting in significantly increased costs for tank vessel 
transportation for its duration. The adverse economic consequences for 
the United States would be oil transportation costs substantially 
higher than world levels unless lightering zones are established to 
enable the United States to draw from the general world supply of 
tanker capacity.
    This rulemaking would establish well-defined lightering zones 
strategically sited in the Gulf of Mexico to avoid environmentally 
sensitive areas and to meet the transportation needs of the region's 
refineries. Lightering activities in the zones could be effectively 
monitored by the Coast Guard. Oil pollution response plans could be 
readily implemented for the zones. Helicopter, workboat, provisioning, 
bunkering, pollution response, and other essential support services 
would not be impaired. Costs would not be materially affected and 
adverse small entity impacts would not occur. Substantial benefits to 
the economy would accrue from avoidance of the negative economic 
impacts that would occur if lightering zones were not established.
    Establishing lightering zones will not encourage further single 
hull construction. Since July 6, 1993, single hull tankship 
construction has been deterred as a result of the general impact of 
MARPOL Regulation 13F for new single hull tankers in excess of 20,000 
deadweight tons.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    The Assessment indicates that adverse small entity impacts could 
occur as a result of the Coast Guard's taking no action to establish 
lightering zones. Some vessels which would be lightered in designated 
lightering zones could be diverted to transshipment terminals in the 
Bahamas or Caribbean. To the extent that these activities were carried 
out abroad, they would entail losses of business to the lightering 
companies and other small businesses, such as steamship agents, 
bunkering and provisioning companies, and helicopter operators.
    Because adoption of this proposal will avert these adverse impacts 
and preserve the current revenues derived by small entities from tanker 
shipping in the Gulf of Mexico, and because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no new collection-of-information 
requirements or additions to currently approved information collections 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The 
sections in this proposal that contain collection-of-information 
requirements are Secs. 156.110 and 156.215 which are approved under OMB 
Control Numbers 2115-0096 and 2115-0539 respectively.

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.
[[Page 1965]]

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and a draft 
Finding of No Significant Impact are available in the docket for 
inspection or copying as indicated under ADDRESSES.
    The Environmental Assessment considered, among other things, the 
factors set out in 33 CFR 156.230: traditional use of the area for 
lightering; weather and sea conditions; water depth; proximity to 
shipping lanes, vessel traffic schemes, anchorages, fixed structures, 
designated marine sanctuaries, fishing areas, and designated units of 
the National Park System, National Wild and Scenic Rivers System, 
National Wilderness Preservation System, properties included on the 
National Register of Historic Places and National Registry of Natural 
Landmarks, and National Wildlife Refuge System; other relevant safety, 
environmental, or economic data. The Coast Guard specifically looked at 
wildlife and marine habitats and topographic features in the proposed 
lightering zones.
    The Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
amended, seeks to protect endangered and threatened species and the 
ecosystems on which they depend. The Act is administered by the Fish 
and Wildlife Service (FWS) and the National Marine Fisheries Service 
(NMFS). Several protected marine species (e.g., Right whales, Kemp's 
Ridley sea turtles, and hawksbill turtles) are located throughout the 
Gulf region.
    The Coast Guard consulted with the regional NMFS office in St. 
Petersburg, Florida, and the FWS regional offices in Albuquerque, New 
Mexico, and Atlanta, Georgia, regarding the effect of the proposed 
regulation on endangered and threatened species as well as sensitive 
environmental areas such as wildlife refuges. Each have issued a 
written concurrence with the Coast Guard's finding that this proposal 
will not have an adverse effect on endangered and threatened species.
    The Coast Guard also considered topographic features of the Gulf. 
These include areas on the offshore banks where reef-building activity 
occurs. These reefs support diverse communities of marine plant and 
animal species in large numbers. The following areas are of particular 
concern: the East and West Flower Gardens, 32 Fathom Bank, Coffee Lump, 
Claypile Bank, Stetson Bank, Hospital Bank, North Hospital Bank, 
Sackett Bank, Diaphus Bank, Fishnet Bank, and Sweet Bank. These areas 
are charted and are ecosystems on which many endangered or threatened 
species are dependent. These areas are particularly vulnerable to 
damage from anchoring and, to a lesser extent, from oil spills. While 
oil spills are not expected to have a significant effect on the biota 
of concern in these areas, the Coast Guard proposes to establish three 
``prohibited areas'' where lightering will not be permitted. 
Establishment of ``prohibited areas'' over these features will further 
ensure protection of these vital ecosystems. Proposed operational 
restrictions for designated lightering zones would also reduce the 
likelihood of spillage from the tank vessels utilizing these zones.
    ``Historic property'' or ``historic resources'' are defined under 
The National Historic Preservation Act (16 U.S.C. 470w) as prehistoric 
or historic sites, buildings, structures, or objects. This definition 
includes shipwrecks registered with the National Register of Historic 
Places. There are no known historical properties or resources in the 
proposed lightering zones.
    Military warning areas also exist throughout the Gulf and are 
clearly demarcated. The Department of Defense commands responsible for 
these warning areas have expressed no opposition to the establishment 
of these lightering zones. The Coast Guard does not expect military 
warning areas to be significantly impacted by this proposed rulemaking.
    The Coast Guard has considered the implications of the Coastal Zone 
Management Act (16 U.S.C. 1451, et seq.) with regard to the proposed 
action. Under this Act, the Coast Guard must determine whether the 
proposed activities are consistent with activities covered by a 
federally approved coastal zone management plan for each state which 
may be affected by the action. The States of Louisiana, Mississippi, 
Florida, and Alabama have federally approved coastal zone management 
plans. The State of Texas has a draft plan which has not yet been 
federally approved.
    The Coast Guard has determined that the designation of lightering 
zones, as provided in this proposed rulemaking, will have no effect on 
the coastal zones of Mississippi, Alabama, or Florida. Designation of 
the proposed lightering zones has the potential of an indirect effect 
on the coastal zones of Louisiana and Texas. Although designation of 
offshore lightering zones is not a listed activity for which 
consistency determinations are required under either the Louisiana 
coastal zone plan or the current Texas draft coastal zone plan, the 
Coast Guard has initiated informal discussions with officials in these 
two states concerning coastal zone management issues.
    In a telephone consultation, the Administrator of Louisiana's 
Department of Natural Resources Coastal Management Division raised a 
question as to whether designation of the proposed offshore lightering 
zones would result in increased shore-based facilities to support 
lightering which might affect coastal wetlands, such as the 
establishment of additional airports to support helicopter operations. 
As noted in the Regulatory Assessment, the shift of some current 
lightering activity from the traditional lightering areas to the 
proposed lightering zones is not expected to result in a need for 
additional support facilities. Only a substantial increase in the total 
amount of lightering occurring off the coast of the United States would 
trigger a need for additional shore-based support facilities. The 
proposed designation of lightering zones would not result in such a 
change in the amount of oil lightered into the United States.
    The draft plan for Texas does not list the establishment of 
offshore lightering zones as a federal activity subject to review for 
consistency. The Coast Guard's research and review of environmental 
effects indicate a low probability that the proposed regulations would 
affect the coastal zone of Texas.
    The Coast Guard will further consult with the States of Louisiana 
and Texas after they have had an opportunity to review this proposed 
rulemaking.
    Volatile organic compound (VOC) air emissions result from the 
operation of ship engines and from oil transfers, such as the 
lightering of oil from one vessel to another. Nitrogen oxides (NOX) are 
also produced by engine exhaust. Both VOC and NOX are precursors of the 
National Ambient Air Quality Standards (NAAQS) pollutant ozone. 
However, lightering is a traditional, well-established activity, and 
the proposed rulemaking is not expected to materially effect the 
frequency or volume of oil transferred in the Gulf of Mexico. Thus the 
proposed Lightering Zones will not lead to a net increase in emissions.
    National Ambient Air Quality Standards, promulgated by the 
Environmental Protection Agency (EPA), pursuant to the Clean Air Act 
(CAA) (42 U.S.C. 7401 et seq.) provide benchmarks against which air 
quality is guaged. Those areas which do not attain the NAAQS 
(nonattainment areas) are subject to controls aimed at improving 
[[Page 1966]] the air quality. The proposed rulemaking is expected to 
have no significant effect on any state's attainment of air quality 
standards.
    The EPA under the authority of the CAA has promulgated the 
``conformity rule'', which requires that federal agencies taking 
actions in nonattainment or maintenance areas which would result in air 
emissions to make determinations of conformity with the local State 
Implementation Plan (SIP) for the NAAQS before acting. The lightering 
zones which would be created by this rule are well outside the 
boundaries of the coastal states (more than 60 miles from the baseline 
for the territorial sea) and therefore, outside any nonattainment or 
maintenance areas. By the terms of 40 CFR Part 51, the conformity rule 
is not applicable to this rulemaking.

List of Subjects in 33 CFR Part 156

    Hazardous substances, Oil pollution, Reporting and recordkeeping 
requirements, Water pollution control.
    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 156 as follows:

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

    1. The authority citation for part 156 is revised to read as 
follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C. 
3703a. Subparts B and C are also issued under 46 U.S.C. 3715.

    2. In section 156.110, the introductory text of paragraph (a) is 
revised to read as follows:


Sec. 156.110  Exemptions.

    (a) The Chief, Office of Marine Safety, Security and Environmental 
Protection, acting for the Commandant, grants an exemption or partial 
exemption from compliance with any requirement in this part, and the 
District Commander grants an exemption or partial exemption from 
compliance with any operating condition or requirement in subpart C of 
this part, if:
* * * * *
    3. Section 156.111 is added to read as follows:


Sec. 156.111  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
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 the 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, 
Marine Environmental Protection Division (G-MEP), room 2100, 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 
part and the sections affected are as follows:

Oil Companies International Marine Forum (OCIMF)

    6th Floor, Portland House, Stag Place, London SW1E 5BH England.
    Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988--
156.330

International Chamber of Shipping

    30/32 St. Mary Axe, London EC3A 8ET, England.
    Guide to Helicopter/Ship Operations, Third Edition, 1989--156.330
    4. In Sec. 156.205, the definition of ``work'' is added in 
alphabetical order to read as follows:


Sec. 156.205  Definitions.

* * * * *
    Work includes any administrative duties associated with the vessel 
whether performed on board the vessel or onshore.
    5. In Sec. 156.210, paragraph (c) is redesignated as paragraph (d) 
and a new paragraph (c) is added to read as follows:


Sec. 156.210  General.

* * * * *
    (c) On tank vessels to be lightered in a designated lightering 
zone, and on service vessels transporting cargo to or from vessels in a 
designated lightering zone, a licensed individual or seaman may not 
work more than 15 hours in any 24-hour period, or more than 36 hours in 
any 72-hour period, except in an emergency or a drill.
* * * * *
    6. In Sec. 156.215, paragraph (d) is added to read as follows:


Sec. 156.215  Pre-arrival notices.

* * * * *
    (d) The master, owner, or agent of each vessel to be lightered in a 
designated lightering zone, requiring a Tank Vessel Examination (TVE) 
or other special Coast Guard inspection, must request such TVE or other 
inspection from the cognizant Captain of the Port at least 72 hours 
prior to commencement of scheduled lightering operations.
    7. In part 156, a new subpart C is added to read as follows:

Subpart C--Lightering Zones and Operational Requirements for the 
Gulf of Mexico

Sec.
156.300  Designated lightering zones.
156.310  Prohibited areas.
156.320  Minimum operating conditions.
156.330  Operational restrictions.


Sec. 156.300  Designated lightering zones.

    The following lightering zones are designated in the Gulf of Mexico 
and are more than 60 miles from the baseline from which the territorial 
sea is measured:
    (a) Southtex--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.40'00'',                      93 deg.00'00', thence to           
27 deg.40'00",                       94 deg.35'00", thence to           
28 deg.06'30",                       94 deg.35'00", thence to           
27 deg.21'00",                       96 deg.00'00", thence to           
26 deg.30'00",                       96 deg.00'00", thence to           
26 deg.30'00",                       93 deg.00'00"                      
and thence to the point of beginning.                                   
                                                                        


    (b) Gulfmex No. 2--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.53'00",                       89 deg.00'00", thence to           
27 deg.53'00",                       91 deg.30'00", thence to           
26 deg.30'00",                       91 deg.30'00", thence to           
26 deg.30'00",                       89 deg.00'00"                      
and thence to the point of beginning.                                   
                                                                        


    (c) Offshore Pascagoula No. 2--lightering zone. This lightering 
zone and the geographic area for this zone are coterminous and consist 
of the waters bounded by a line connecting the following points 
beginning at:

Latitude N.                          Longitude W.                       
                                                                        
29 deg.20'00",                       87 deg.00'00", thence to           
29 deg.12'00",                       87 deg.45'00", thence to           
28 deg.39'00",                       88 deg.00'00", thence to           
28 deg.00'00",                       88 deg.00'00", thence to           
28 deg.00'00",                       87 deg.00'00"                      
and thence to the point of beginning.                                   
                                                                        

Sec. 156.310  Prohibited areas.

    Lightering operations are prohibited within the following areas in 
the Gulf of Mexico:
    (a) Claypile--prohibited area. This prohibited area consists of the 
waters [[Page 1967]] bounded by a line connecting the following points 
beginning at:

Latitude N.                          Longitude W.                       
                                                                        
28 deg.15'00",                       94 deg.35'00", thence to           
27 deg.40'00",                       94 deg.35'00", thence to           
27 deg.40'00",                       94 deg.00'00", thence to           
28 deg.33'00",                       94 deg.00'00"                      
and thence to the point of beginning.                                   
                                                                        


    (b) Flower Garden--prohibited area. This prohibited area consist of 
the waters bounded by a line connecting the following points beginning 
at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.40'00",                       94 deg.00'00", thence to           
28 deg.18'00",                       94 deg.00'00", thence to           
28 deg.18'00",                       92 deg.38'00", thence to           
28 deg.30'00",                       92 deg.38'00", thence to           
28 deg.15'00",                       91 deg.30'00", thence to           
27 deg.40'00",                       91 deg.30'00"                      
and thence to the point of beginning.                                   
                                                                        


    (c) Ewing--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points beginning at:


Latitude N.                          Longitude W.                       
                                                                        
27 deg.53'00",                       91 deg.30'00", thence to           
28 deg.15'00",                       91 deg.30'00", thence to           
28 deg.15'00",                       90 deg.10'00", thence to           
27 deg.53'00",                       90 deg.10'00"                      
and thence to the point of beginning.                                   
                                                                        

Sec. 156.320  Minimum operating conditions.

    Unless otherwise specified, the minimum operating conditions in 
this section apply to tank vessels operating within the lightering 
zones designated in this subpart.
    (a) A tank vessel shall not moor or remain moored alongside another 
vessel when any of the following conditions exist:
    (1) When wind, waves, and swell are from the same direction and--
    (i) The wind velocity is 56 km/hr (30 knots) or more;
    (ii) The wave height is 3 meters (10 feet) or more; or
    (iii) The swell height is 3 meters (10 feet) or more.
    (2) When wind and waves differ in direction by 30 degrees or more 
to swell and--
    (i) The wind velocity is 46.3 km/hr (25 knots) or more;
    (ii) The wave height is 1.8 meters (6 feet) or more; or
    (iii) The swell height is 1.5 meters (5 feet) or more.
    (b) Service vessels and vessels to be lightered shall not conduct 
lightering operations and shall not remain moored alongside when the 
National Weather Service predicts that the center of a hurricane will 
pass within 296 km (160 nautical miles) of current or expected location 
of lightering operations within the next 36 hours.


Sec. 156.330  Operational restrictions.

    Unless otherwise specified in this subpart or when otherwise 
authorized by the cognizant COTP or District Commander, the master of a 
vessel lightering in the zones designated in this subpart shall ensure 
that the following operational restrictions are complied with:
    (a) Lightering operations shall be conducted in accordance with 
OCIMF Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988.
    (b) Helicopter operations shall be conducted in accordance with 
International Chamber of Shipping's Guide to Helicopter/Ship 
Operations, Third Edition, 1989.
    (c) The master of the vessel to be lightered shall ensure a voice 
warning is made prior to the commencement of lightering activities via 
channel 13 VHF and 2182 Khz.
    (d) In the event of a communications failure between the lightering 
vessels or the respective persons-in-charge of the transfer, or an 
equipment failure affecting the vessel's cargo handling capability or 
ship's maneuverability, the master of the affected vessel shall suspend 
lightering activities and shall sound at least five short, rapid blasts 
on the vessel's whistle. Lightering activities shall remain suspended 
until corrective action has been completed.
    (e) No vessel involved in a lightering operation may open its cargo 
system until the vessel to be lightered is securely moored alongside 
the servicing vessel.
    (f) If any vessel not involved in the lightering operation or 
support activities approaches within 300 feet of vessels engaged in 
lightering activities, the vessel engaged in lightering shall warn the 
approaching vessel by sounding a loud hailer, ship's whistle, or any 
other appropriate means.
    (g) No vessels, other than the lightering tender, supply boat, or 
crew boat which are equipped with spark arrestors on their exhaust(s), 
may moor alongside a vessel engaged in lightering operations.
    (h) When lightering at anchor, lightering operations shall not be 
conducted within 1 nautical mile of offshore structures or mobile 
offshore drilling units (MODUs).
    (i) When lightering underway, lightering operations shall not be 
conducted within 3 nautical miles of offshore structures or MODUs.
    (j) No vessel engaged in lightering activities may anchor over 
pipelines, charted artificial reefs or historical resources.
    (k) All vessels engaged in lightering activities shall be capable 
of immediate maneuver at all times while inside a designated lightering 
zone. The main propulsion system must not be disabled at any time.

    Dated: December 28, 1994.
A.E. Henn,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 95-159 Filed 1-4-95; 8:45 am]
BILLING CODE 4910-14-P