[Federal Register Volume 67, Number 26 (Thursday, February 7, 2002)]
[Rules and Regulations]
[Pages 5912-5916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2757]



[[Page 5911]]

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

Part V





Department of Transportation





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



Coast Guard



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



33 CFR Part 140



Inspection Under, and Enforcement of, Coast Guard Regulations for Fixed 
Facilities on the Outer Continental Shelf by the Minerals Management 
Service; Final Rule

  Federal Register / Vol. 67, No. 26 / Thursday, February 7, 2002 / 
Rules and Regulations  

[[Page 5912]]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 140

[USCG-2001-9045]
RIN 2115-AG14


Inspection Under, and Enforcement of, Coast Guard Regulations for 
Fixed Facilities on the Outer Continental Shelf by the Minerals 
Management Service

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: We are authorizing the Minerals Management Service (MMS), on 
behalf of the Coast Guard, to perform inspections on fixed facilities 
engaged in Outer Continental Shelf activities and to enforce Coast 
Guard regulations applicable to those facilities. MMS already performs 
inspections on those facilities to determine whether they comply with 
MMS regulations. By authorizing MMS to also check for compliance with 
Coast Guard regulations, we avoid duplicating functions, reduce Federal 
costs, and increase oversight for Coast Guard compliance without 
increasing the frequency of inspections.

DATES: This final rule is effective June 7, 2002, except for 
Sec. 140.103(c), which contains a collection-of-information requirement 
that has not been approved by the Office of Management and Budget. We 
will publish a document in the Federal Register announcing the 
effective date of that paragraph.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-9045 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact James M. Magill, Vessel and Facility Operating Standards 
Division (G-MSO-2), telephone 202-267-1082 or fax 202-267-4570. If you 
have questions on viewing the docket, call Dorothy Beard, Chief, 
Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 10, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Inspection Under, and Enforcement of, Coast Guard 
Regulations for Fixed Facilities on the Outer Continental Shelf by the 
Minerals Management Service'' in the Federal Register (66 FR 23871). We 
received five letters commenting on the proposed rule. Three letters 
contained requests for a public meeting and two contained requests for 
an extension to the comment period.

Background and Purpose

    This rule authorizes the Minerals Management Service (MMS) to 
perform inspections on fixed Outer Continental Shelf (OCS) facilities 
engaged in OCS activities and to enforce Coast Guard regulations 
applicable to those facilities in 33 CFR chapter I, subchapter N. The 
Coast Guard and MMS regulate safety on fixed OCS facilities. MMS 
regulates the structural integrity of fixed OCS facilities, in addition 
to enforcing all regulations pertaining to production, exploration, 
drilling, well workover, and well servicing operations for hydrocarbons 
and other minerals on the OCS. The Coast Guard regulates marine 
systems, such as lifesaving and navigation equipment and workplace 
safety and health.
    At least annually, MMS visits all of the fixed OCS facilities to 
inspect for violations in the area of its responsibility. The Coast 
Guard, with fewer inspectors at its disposal, visits less than 10 
percent of these facilities annually. On December 18, 1998, MMS and the 
Coast Guard agreed to review the regulations of both agencies to ensure 
consistency and to eliminate duplication. As part of this review, MMS 
and the Coast Guard decided that, because MMS was already visiting all 
of the fixed OCS facilities at least once a year, it would be 
beneficial to both agencies if MMS was authorized, on behalf of the 
Coast Guard, to inspect and enforce the Coast Guard's regulations for 
fixed OCS facilities. Such an authorization is allowed under the Outer 
Continental Shelf Lands Act, which, in 43 U.S.C. 1348(a), allows the 
Coast Guard to use the services and personnel of other Federal agencies 
for the enforcement of its OCS regulations.

Future Workshop

    The Coast Guard and MMS are aware that industry has concerns 
regarding how this agreement between the Coast Guard and MMS will be 
implemented. To alleviate these concerns, the agencies have decided to 
hold a workshop after the publication of this final rule. The workshop 
will be held to inform industry and the public of the implementation of 
MMS inspection and answer any questions that industry or the public may 
have. Notice of the workshop will be published in the Federal Register.

Discussion of Comments on and Changes to the Notice of Proposed 
Rulemaking (NPRM) of May 10, 2001

    We received a total of five letters containing 23 comments in 
response to our notice of proposed rulemaking (NPRM) (66 FR 23871, May 
10, 2001). Comments received in the five letters are discussed below. 
Non-substantive or editorial comments and comments concerning issues 
not related to this rulemaking are not discussed in this preamble.

I. General comments to the NPRM.

    1. Three comments requested that a public meeting be held to answer 
questions related to the proposed rulemaking and to provide additional 
detailed information on the delegation of inspection responsibilities 
to MMS.
    After consultation with MMS, the Coast Guard decided that a public 
meeting would not aid this rulemaking. There are no new standards 
proposed in this rulemaking, only an authorization for MMS to inspect 
fixed OCS facilities on behalf of the Coast Guard and to enforce the 
Coast Guard's regulations on those facilities. The process for handling 
civil penalties will not change, as the current process under 33 CFR 
140.40 requires the Coast Guard to refer civil penalty proceedings to 
MMS for assessing and collecting penalties. There are no additional 
inspections required of the owner or operator by this rulemaking. The 
annual self-inspection by the owner or operator under 33 CFR 140.103 is 
still the main method for inspecting fixed facilities to ensure 
compliance with Coast Guard regulations. MMS will be acting on behalf 
of the Coast Guard to assist in performing spot inspections as required 
under 33 CFR 140.101. The only additional burden required by this 
rulemaking is for the owner or operator to retain copies of self-
inspection form CG-5432 for each manned and unmanned fixed OCS facility 
for at least 2 years after the self-inspection.
    2. Two commenters requested that the comment period be extended to 
allow for a public meeting.
    Since we intend to hold a workshop shortly after the final rule is 
published, such an extension would not be needed.
    3. One commenter was concerned that turning the enforcement of 
Coast Guard

[[Page 5913]]

lifesaving and firefighting regulations on fixed facilities over to 
another agency would remove the Coast Guard from any involvement over 
what occurs on the OCS and would endanger commercial mariners who work 
at, visit, tie to, use, or interact with fixed OCS facilities.
    We disagree with the comment. The Coast Guard will still be 
conducting the initial inspection of all new fixed OCS facilities and, 
thereafter, will be conducting some spot inspections of these 
facilities as time and funds allow. By authorizing MMS to also check 
for compliance with Coast Guard regulations, the frequency of 
inspections will be increased to at least once a year. This should 
reduce the chance that lifesaving and firefighting equipment is not in 
compliance with the Coast Guard regulations and, thus, increase the 
safety of workers on fixed OCS facilities and associated vessels.

II. Comments to specific sections of the NPRM 33 CFR 140.101(f)

    1. One commenter requested that the ``June 27, 1988'' be eliminated 
from Sec. 140.101(f) since that date has already passed.
    We agree with this comment and have deleted the date.
33 CFR 140.103
    1. One commenter requested that Sec. 140.103 on annual self-
inspections of fixed OCS facilities by owners or operators be 
eliminated. No reason was given.
    We disagree with this comment. By eliminating that section, we 
would be eliminating the self-inspection program. Such a recommendation 
is outside of the scope of this rulemaking.
33 CFR 140.103(c)
    1. One commenter asked if the completed copy of form CG-5432 
required to be kept on the facility was in addition to the copy 
required by 33 CFR 140.103(c) to be submitted to the Officer in Charge, 
Marine Inspections, (OCMI) within 30 days after completion of the 
inspection.
    We have eliminated the requirement to submit a copy of form CG-5432 
to the Coast Guard. Instead, we require that the latest 2 years of 
completed forms CG-5432 be kept onboard manned fixed OCS facilities 
and, for unmanned fixed OCS facilities, to be kept on the nearest 
manned fixed OCS facility or the nearest field office of the owner or 
operator. We have changed Sec. 140.103(c) accordingly.
    2. One commenter was concerned that, since MMS would only be 
furnished with a copy of form CG-5432 when on the facility, it would 
possibly not have full and complete access to all CG-5432 forms 
generated.
    As indicated in our response to comment 1 on Sec. 140.103(c), we 
have eliminated the requirement that a copy of form CG-5432 be 
submitted to the Coast Guard. Instead, we require that the latest two 
forms be kept onboard the facility or in a specified location near the 
facility. MMS inspectors will now have access to all completed CG-5432 
forms during their inspection visits and be able to readily compare the 
MMS inspection with the last 2 years of self-inspections by the owner 
or operator.
    3. One commenter said that some platforms do not have storage 
facilities to keep self-inspection records and suggested that they 
should be allowed to keep the records in a field office close to the 
fixed platform.
    We partially agree with this comment. Manned facilities should have 
no problem in storing the self-inspection records onboard. However, 
some small, unmanned platforms may not have facilities to store the 
records. We have modified Sec. 140.103(c) to allow the self-inspection 
reports for unmanned platforms to be kept in a location close to the 
platform.
33 CFR 140.103(d)
    1. One commenter pointed out that the ``June 27, 1988'' date should 
be removed because all fixed facilities installed before this 
rulemaking should have already had an initial inspection.
    We agree with this comment. The entire paragraph is no longer 
needed, so it has been removed.
33 CFR 140.105(a)
    1. One commenter was concerned that, if both the Coast Guard and 
MMS inspect facilities, a clear reporting chain-of-command might be 
lacking, which could lead to no one checking on important lifesaving 
and firefighting equipment.
    We disagree with the comment. The initial Coast Guard inspection 
under Sec. 140.101(f), and the annual self-inspection of fixed 
facilities by the owner or operator required under Sec. 140.103 is the 
primary method of inspection to ensure compliance with Coast Guard 
regulations. This will be augmented by the Coast Guard and, now, by MMS 
spot inspections. This should increase the number of inspections and 
reduce the risk of lifesaving and firefighting equipment not being in 
compliance with the Coast Guard regulations.
    2. One commenter commended MMS and the Coast Guard for working 
together to reduce the duplication of efforts and costs of inspections 
but believed the proposed rulemaking to be overly broad and vague. The 
commenter asked when inspections will be conducted, how inspections 
will be conducted, and for details on the enforcement and appeal 
processes.
    The purpose of this rulemaking is to authorize MMS to inspect fixed 
OCS facilities on behalf of the Coast Guard and to enforce Coast Guard 
regulations. No inspections, other than the annual self-inspection 
under Sec. 140.103, will be required of the owner or operator. MMS will 
be acting on behalf of the Coast Guard in performing spot inspections 
under Sec. 140.101(b). The Coast Guard will work with MMS to train its 
inspectors in Coast Guard inspection procedures. The awarding and 
enforcement of civil penalties will not change, as the current process 
under Sec. 140.40 requires MMS to administer civil penalty proceedings. 
The appeal process will not change. Appeals relating to deficiencies or 
hazards remaining uncorrected after the expiration of the time period 
specified under 33 CFR 140.105 by Coast Guard marine inspectors will be 
handled by the Coast Guard under 33 CFR 140.25 and 140.105(d). Appeals 
relating to deficiencies found by MMS inspectors will be processed by 
MMS under 30 CFR part 290, and 30 CFR part 250, subpart N.
    3. One commenter was unclear on when MMS inspections would occur 
and if only Coast Guard inspectors would conduct the initial 
inspection. The commenter suggested that MMS should conduct the initial 
inspection along with the initial MMS inspection so that double 
inspections would not occur.
    The MMS inspectors may inspect fixed OCS facilities on behalf of 
the Coast Guard anytime they are on board and have time to perform 
Coast Guard inspections. Coast Guard inspectors will perform initial 
inspections of all fixed OCS facilities as required in Sec. 140.101(f) 
and MMS inspectors may or may not accompany the Coast Guard inspectors 
on the initial inspection.
    4. One commenter asked if MMS would conduct full annual inspections 
on all fixed OCS facilities or conduct enough inspections to provide 
oversight of the self-inspection program.
    MMS does not plan on performing full inspections on a scheduled 
annual basis, but plans to conduct a sufficient number of inspections 
to provide oversight of the self-inspection program.
    5. One commenter asked if the MMS would conduct the inspection on 
behalf of the Coast Guard at the same time it conducts the annual MMS 
inspection, at

[[Page 5914]]

anytime its inspectors were on board, or on a separate schedule.
    MMS may perform spot inspections for violations of Coast Guard 
regulations anytime its inspectors are on board and have time available 
and not on a separate schedule. Since MMS visits all OCS fixed 
facilities at least annually to inspect for violations in the area of 
its regulatory responsibilities, it is likely that most of the MMS 
inspections will be conducted at that time.
    6. One commenter recommended that the Coast Guard remain in charge 
of the self-inspection program and review all requests for extension of 
time to correct a deficiency.
    The Coast Guard is not relinquishing its oversight authority. Since 
MMS conducts the majority of the inspections on fixed OCS facilities, 
MMS and the Coast Guard decided that it would enhance safety for MMS to 
receive and be responsible for self-inspection extension requests 
associated with deficiencies in lifesaving and firefighting equipment.
    7. One commenter thought the rulemaking was not clear on what MMS 
was going to inspect and that this should be specified in the 
regulations.
    Under Secs. 140.101(b), (c), and (d), MMS will be inspecting fixed 
facilities to determine whether the requirements in 33 CFR chapter I, 
subchapter N, are met, just as if the inspection was conducted by the 
Coast Guard.
    8. One commenter asked what inspection standards would be used for 
equipment, such as lifeboats or survival capsules, that is on board and 
in addition to the number required by regulations.
    Section 144.01-1 of 33 CFR requires approved life floats and, under 
Sec. 144.01-15(a), approved lifeboats, approved life rafts, or approved 
inflatable life rafts may be used instead of approved life floats. 
Extra lifeboats or other extra equipment would also have to meet the 
Coast Guard's regulations for that piece of equipment.
33 CFR 140.105(c)
    1. One commenter thought the regulations on the correction of 
deficiencies and hazards was vague and asked whether MMS or Coast Guard 
would establish timeframes for correction of the deficiencies or 
hazards.
    We agree that Sec. 140.105(c), as proposed, may be confusing in 
that it does not plainly distinguish between the requirements for 
deficiencies for lifesaving and firefighting equipment and those for 
all other equipment. We have modified Sec. 140.105 by moving the 
requirements for deficiencies in lifesaving and firefighting equipment 
from paragraph (c) to new paragraph (d). Proposed paragraph (d) has 
been redesignated as new paragraph (e). Under Sec. 140.105(c), MMS 
informs, by letter, the owner or operator of the fixed OCS facility of 
the deficiencies or hazards and the time period specified to correct or 
eliminate the deficiencies or hazards. Therefore, MMS would establish 
timeframes for correction of deficiencies or hazards.
    2. One commenter recommended that the timeframes for correction of 
deficiencies or hazards continue to be established by the Coast Guard, 
since only the Coast Guard is set up to receive the form CG-5432 self-
inspection report.
    We disagree with the comment. Since MMS will be conducting the 
majority of the inspections on fixed OCS facilities, both agencies 
agree that MMS should be responsible for establishing self-inspection 
timeframes for the correction of deficiencies or hazards. The Coast 
Guard has decided to stop requiring that all CG-5432 forms be sent to 
the Coast Guard. After the effective date of this final rule, only 
those forms that contain outstanding deficiencies or hazards will be 
required to be sent to MMS. Sections 140.103(c) and 140.105(c) have 
been revised to reflect this change. Now that a copy of each form must 
be kept on the manned facility or in a convenient place ashore, there 
is no added value in having them sent to the Coast Guard. This should 
be more efficient than the previous process.
    3. One commenter asked that, if MMS discovers a deficiency or 
hazard, will it issue its own Incident of Non Compliance (INC) or will 
it notify the Coast Guard to issue a Coast Guard form CG-835, Notice of 
Merchant Marine Inspection Requirements.
    Deficiencies found by MMS during its inspections will be processed 
according to MMS regulations and INC's will be issued. Deficiencies 
found by the Coast Guard during its inspections will be processed 
according to Coast Guard regulations in 33 CFR 140.105, which involves 
the issuance of a CG-835 notice for correction.
    4. One commenter recommended that MMS report all deficiencies it 
discovers to the Coast Guard for handling.
    We disagree with this comment. The Coast Guard and MMS feel that 
deficiencies and hazards found during inspection by each agency should 
be processed by the agency conducting the inspection.
    5. One commenter stated that the regulations do not provide for 
appeals of determinations of deficiencies or hazards.
    Decisions by the Coast Guard are appealed under 33 CFR 140.25. 
Decisions by MMS are appealed under 30 CFR parts 250 and 290.
    6. One commenter recommended that all appeals be directed to the 
Coast Guard for action.
    We disagree with this comment. Appeals are processed by the agency 
performing the inspection. MMS and Coast Guard decided it would be best 
for the agency performing the inspection to handle any deficiency 
violations, timeframes, and appeals stemming from a particular 
inspection.

Regulatory Evaluation

    This 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). We expect the economic impact 
of this proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DOT is unnecessary.
    The net effect of this rule is not expected to result in additional 
costs to the owners of facilities being inspected. Owners or operators 
of each facility will be required to keep the self-inspection form CG-
5432 on the facility or at another specified location for review by MMS 
inspectors, furthermore, the requirement that the self-inspection form 
be sent to the Coast Guard has been eliminated.
    We expect the combined effect of both actions not to result in an 
increase of the collection of information burden placed on the affected 
entities. The impact of this rule is therefore different from the one 
described in the NPRM. The burden created by having to submit form CG-
5432 to the Coast Guard has been eliminated.
    Furthermore, authorizing MMS to check for compliance with Coast 
Guard regulations will avoid duplicating functions and enhance the 
enforcement of regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit

[[Page 5915]]

organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The net effect of this rule is not expected to result in additional 
costs to the inspected facilities. This rule will authorize MMS to 
inspect the facilities for compliance with Coast Guard regulations. 
Coast Guard personnel currently perform these inspections, and 
authorizing MMS to do so does not reduce the number of inspections, nor 
increase the burden placed on the affected entities. Though this rule 
affects all small entities involved, we expect that the elimination of 
the requirement to submit form CG-5432 to the OCMI will result in a 
decrease of burden to each small entity.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking.
    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 rule calls for a new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule 
requires that copies of form CG-5432, the annual self-inspection 
report, be kept on each manned fixed OCS facility, or, for unmanned 
facilities, either at the nearest manned fixed OCS facility or, if 
there is no manned fixed OCS facility in the area, at the nearest field 
office of the owner or operator. This form is already required to be 
completed annually and be submitted to the Coast Guard. This rule also 
eliminates the currently approved requirement of submitting form CG-
5432 to the Coast Guard.
    We presented, for public comment, an estimate of the burden this 
rulemaking would have caused as proposed in the NPRM. We proposed that 
a copy of form CG-5432 be kept on the facility in addition to 
submitting the form to the Coast Guard.
    In the NPRM, we estimated that the total annual burden of requiring 
that the forms be kept for two years would be 15 minutes per facility 
or 872 hours for all of the 3,489 fixed OCS facilities. However, the 
final rule will reduce the previous burden by eliminating the 
submission to the Coast Guard. The net effect of these actions do not 
result in an increase of the collection of information burden.
    Three comments were received on the proposed collection of 
information. The comments are summarized in this preamble in the 
``Discussion of Comments on and Changes to the Notice of Proposed 
Rulemaking (NPRM) of May 10, 2001'' section. We reconsidered the 
proposed collection and decided to eliminate the submission of form CG-
5432 to the OCMI. Instead, facilities will only keep the form on board 
to be presented to MMS inspectors.
    The information-collection requirements of the rule are addressed 
in the previously approved OMB collection titled ``Self-Inspection of 
Fixed OCS Facilities'' (OMB 2115-0569).
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to the Office of Management and Budget (OMB) for its review of the 
collection of information. OMB has not yet completed its review of, or 
approved, the collection. Therefore, Sec. 140.103(c) in this final 
rule, will not become effective until approved by OMB. We will publish 
a document in the Federal Register announcing OMB's approval and the 
effective date of that section. In the meantime, Sec. 140.103(c) as it 
appears in the current edition of title 33, Code of Federal 
Regulations, continues to apply and requires submission of forms CG-
5432 to the Officer in Charge, Marine Inspection.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it does not have implications for federalism 
under that Order.

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 regulatory 
actions not specifically required by law. 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 rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this 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.

[[Page 5916]]

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(b), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. The rule is excluded under paragraph 
(34)(b) because it is administrative in nature and has no environmental 
effect. A ``Categorical Exclusion Determination'' is available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 140

    Continental shelf, Investigations, Marine safety, Occupational 
safety and health, Penalties, Reporting and record keeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 140 as follows:

PART 140--GENERAL

    1. The authority citation for part 140 continues to read as 
follows:

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; 49 CFR 1.46.

    2. In Sec. 140.10, add, in alphabetical order, the definition of 
``Minerals Management Service inspector'' to read as follows:


Sec. 140.10  Definitions.

* * * * *
    Minerals Management Service inspector or MMS inspector means an 
individual employed by the Minerals Management Service who inspects 
fixed OCS facilities on behalf of the Coast Guard to determine whether 
the requirements of this subchapter are met.
* * * * *
    3. In Sec. 140.101--
    a. Revise the section heading to read as set forth below;
    b. Redesignate paragraphs (b) through (e) as paragraphs (c) through 
(f);
    c. Add a new paragraph (b) to read as set forth below;
    d. In newly redesignated paragraph (c), before the words ``marine 
inspectors'', add the words ``Coast Guard''; following the words ``OCS 
activities'', add the words ``, and MMS inspectors may inspect fixed 
OCS facilities,''; and, at the end of the second sentence, add the 
words ``,or MMS'';
    e. In newly redesignated paragraph (d), remove the words ``a marine 
inspector'' and add, in their place, the words ``a Coast Guard marine 
inspector or an MMS inspector''; and remove the words ``The marine 
inspector'' and add, in their place, the words ``The Coast Guard marine 
inspector or the MMS inspector''; and
    f. In newly redesignated paragraph (f), remove the words 
``installed after June 27, 1988,'':


Sec. 140.101  Inspection by Coast Guard marine inspectors or Minerals 
Management Service inspectors.

* * * * *
    (b) On behalf of the Coast Guard, each fixed OCS facility engaged 
in OCS activities is subject to inspection by the Minerals Management 
Service (MMS).
* * * * *

    4. In Sec. 140.103--
    a. In paragraph (b), remove ``140.101(e)'' and add, in its place, 
``140.101(f)''; and remove the words ``Marine inspectors'' and add, in 
their place, the words ``marine inspectors and Minerals Management 
Service (MMS) inspectors'';
    b. Revise paragraph (c) as set forth below; and
    c. Remove paragraph (d):


Sec. 140.103  Annual inspection of fixed OCS facilities.

* * * * *
    (c) Except for initial inspections under Sec. 140.101(f), the 
results of the inspection under paragraph (a) of this section must be 
recorded on form CG-5432. Forms CG-5432 may be obtained from the 
Officer in Charge, Marine Inspection. A copy of the completed form must 
be kept for 2 years after the inspection under paragraph (a) of this 
section is conducted and the form made available to the Coast Guard and 
MMS on request. For manned fixed OCS facilities, the copy of the 
completed form must be kept on the facility. For unmanned fixed OCS 
facilities, the copy of the completed form must be kept either at the 
nearest manned fixed OCS facility or, if there is no manned fixed OCS 
facility in the area, at the nearest field office of the owner or 
operator. In addition, the owner or operator must submit, to the 
appropriate MMS District office, a copy of each completed form CG-5432 
that indicates outstanding deficiencies or hazards, within 30 days 
after completion of the inspection.

    5. In Sec. 140.105--
    a. In paragraph (a), after the words ``during an inspection'', add 
the words ``by a Coast Guard marine inspector or a Minerals Management 
Service (MMS) inspector'';
    b. In paragraph (b), before the words ``is reported to'', add the 
words ``or an MMS inspector''; and, after the words ``time specified by 
the'', remove the words ``Coast Guard marine'';
    c. Revise paragraph (c) to read as set forth below;
    d. Redesignate paragraph (d) as paragraph (e);
    e. Add a new paragraph (d) to read as set forth below; and
    f. In newly redesignated paragraph (e), after the words ``Marine 
Inspection,'' add the words ``or MMS (for deficiencies or hazards 
discovered by MMS during an inspection of a fixed OCS facility)'':


Sec. 140.105  Correction of deficiencies and hazards.

* * * * *
    (c) Deficiencies and hazards discovered during an inspection of a 
fixed OCS facility under Sec. 140.103(a) must be corrected or 
eliminated, if practicable, before the form CG-5432 is completed. 
Deficiencies and hazards that are not corrected or eliminated by the 
time the form is completed must be indicated on the form as 
``outstanding'' and the form submitted to the appropriate MMS District 
office. Upon receipt of a form CG-5432 indicating outstanding 
deficiencies or hazards, MMS informs, by letter, the owner or operator 
of the fixed OCS facility of the deficiencies or hazards and the time 
period specified to correct or eliminate the deficiencies or hazards.
    (d) For lifesaving and fire fighting equipment deficiencies on 
fixed OCS facilities that cannot be corrected before the submission of 
form CG-5432, the owner or operator must contact the appropriate MMS 
District Supervisor to request a time period for repair of the item.
    The owner or operator must include a description of the deficiency 
and the time period approved by MMS for correction of the deficiency in 
the comment section of form CG-5432.
* * * * *

    Dated: January 4, 2002.
Paul J. Pluta,
Assistant Commandant for Marine Safety and Environmental Protection.
[FR Doc. 02-2757 Filed 2-6-02; 8:45 am]
BILLING CODE 4910-15-U