[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Rules and Regulations]
[Pages 724-787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32204]



[[Page 723]]

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Part II





Department of Homeland Security





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Coast Guard



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33 CFR Parts 148, 149, and 150



Deepwater Ports; Temporary Interim Rule

  Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Rules 
and Regulations  

[[Page 724]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 148, 149, and 150

[USCG-1998-3884]
RIN 1625-AA20 (formerly RIN 2115-AF63)


Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: This temporary interim rule revises regulations adopted in 
1975 to implement the Deepwater Port Act of 1974. It updates and 
streamlines those regulations in accordance with the 1996 Deepwater 
Port Modernization Act. It also extends the deepwater port regulations 
to the natural gas deepwater ports authorized by Congress in the 
Maritime Transportation Security Act of 2002. This temporary interim 
rule will be followed by a final rule as soon as practicable.

DATES: This temporary interim rule is effective from January 6, 2004, 
until October 1, 2006. Comments and related material must reach the 
Docket Management Facility on or before July 5, 2004. Comments sent to 
the Office of Management and Budget (OMB) on collection of information 
must reach OMB on or before July 5, 2004.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-1998-3884 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Federal rulemaking portal: http://www.regulations.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Commander Kevin Tone, Vessel and Facility Operating 
Standards Division (G-MSO-2), Coast Guard, telephone 202-267-0226. If 
you have questions on viewing or submitting material to the docket, 
call Andrea M. Jenkins, Program Manager, Docket Operations, Department 
of Transportation, telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Effective Dates

    This temporary interim rule takes effect January 6, 2004. The Coast 
Guard finds that postponing the effective date of this temporary 
interim rule is unnecessary, because the immediate impact of changes 
that otherwise would take effect 30 days after publication are 
administrative in nature and have been the subject of permissible 
consultation with affected parties. The Coast Guard further finds that 
postponing the effective date of this temporary interim rule is 
contrary to the public interest in the prompt processing of deepwater 
port licensing applications. Therefore, the Coast Guard finds that good 
cause exists under 5 U.S.C. 553(d)(3) for this temporary interim rule 
to take effect upon publication. The effective period of this temporary 
interim rule ends October 1, 2006. The Maritime Transportation Security 
Act of 2002 (MTSA), Public Law 107-295, Title I, 106 (e)(2), provides 
in part: ``The Secretary may issue an interim final rule as a temporary 
regulation implementing this section * * * as soon as practicable after 
the date of enactment of this section, without regard to the provisions 
of chapter 5 of title 5, United States Code [the Administrative 
Procedure Act or APA].'' Although MTSA itself sets no time limit on the 
temporary regulation, we think a self-imposed termination date of 
October 1, 2006, is in keeping with the spirit of the act.

Public Participation and Request for Comments

    This temporary interim rule has been issued without public notice 
and comment on certain provisions (see the preceding discussion of 
``Effective Dates''). The provisions being added without previous 
public notice and comment concern natural gas deepwater ports. Public 
notice for other aspects of this rulemaking was provided in the notice 
of proposed rulemaking (NPRM) issued May 30, 2002 (67 FR 37920), and 
the public was given several months to comment on that NPRM.
    Section 106(e)(3) of MTSA requires publication of a final rule as 
soon as practicable. The final rule is not exempt from the notice and 
comment provisions of the APA. We intend to issue a final rule after 
providing opportunity for public comment on this temporary interim 
rule, and we may revise the final rule in light of those comments. We 
encourage you to participate in this rulemaking by submitting comments 
and related materials. All comments received will be posted, without 
change, to http://dms.dot.gov and will include any personal information 
you have provided. We have an agreement with the Department of 
Transportation (DOT) to use the Docket Management Facility. Please see 
DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
1998-3884), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
temporary interim rule in view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and conduct a simple search using 
the docket number. You may also visit the Docket Management Facility in 
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

[[Page 725]]

Public Meeting

    We do not now plan to hold a public meeting. If you wish, you may 
submit a request for a public meeting to the Docket Management Facility 
at the address under ADDRESSES. Explain why you think a meeting would 
be useful. If we determine that a meeting would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Regulatory History

    On May 30, 2002, we published in the Federal Register (67 FR 37920) 
a notice of proposed rulemaking entitled ``Deepwater Ports,'' and 
announced a public comment period ending July 29, 2002. Subsequently, 
we published a Federal Register notice (67 FR 53764, August 19, 2002) 
extending the public comment period to September 18, 2002. The comments 
we received are discussed in ``Discussion of Comments and Changes,'' 
below. No public hearing was held in connection with the NPRM.

Related Rulemaking

    The rule proposed in the May 30, 2002, NPRM contained numerous 
references to Coast Guard rules proposed in an earlier NPRM (64 FR 
68416, December 7, 1999) titled ``Outer Continental Shelf Activities.'' 
The Outer Continental Shelf (OCS) Activities rulemaking (USCG-1998-
3868; RIN 1625-AA18, formerly RIN 2115-AF39) has not been completed. 
Therefore, instead of retaining the 2002 NPRM's references to the 1999 
NPRM's proposed OCS provisions, we revised the Deepwater Ports rules so 
that they now contain detailed provisions that are based on the 1999 
OCS NPRM's provisions. In many cases, we have modified those provisions 
so that they are substantively different from what we proposed in 1999. 
We consider the Deepwater Ports temporary interim rule to represent a 
logical outgrowth of the 2002 Deepwater Ports NPRM and the 1999 OCS 
Activities NPRM, modified to reflect MTSA's addition of natural gas 
deepwater ports as well as the public comments we received on both 
NPRMs. These detailed provisions primarily appear in those portions of 
the temporary interim rule concerning lifesaving and firefighting 
requirements, maintenance procedures, and workplace safety and health 
requirements.
    One commenter on the 2002 NPRM said we should not couple Deepwater 
Ports rulemaking to the OCS Activities rulemaking without a further 
opportunity for public comment and that in the meantime we should rely 
on existing OCS regulations, while another commenter said that aligning 
the two rulemakings was appropriate. As explained in ``Public 
Participation and Request for Comments'' and in the preceding 
paragraph, there will be further opportunity for public comment before 
a final rule is issued, and we have modified OCS Activities provisions, 
for use in this temporary interim rule, in light of public comments 
that we have previously received on both the Deepwater Ports and OCS 
Activities rulemakings.

Background and Purpose

    A detailed discussion of this rulemaking's background and 
objectives can be found in the 2002 NPRM. In summary, our goal has been 
to modernize existing deepwater port regulations in light of 
experience, and in compliance with the Deepwater Port Modernization Act 
(DPMA; Public Law 104-324, title V, sec. 501-508, October 19, 1996), 
which amended the Deepwater Port Act of 1974 (DWPA; 33 U.S.C. 1501-
1524). DPMA expressed a general interest in ensuring fair treatment for 
deepwater ports relative to other modes for importing or transporting 
oil; in eliminating unnecessary regulation and promoting innovation, 
flexibility, and efficiency; and in encouraging the construction of 
additional deepwater ports.
    On November 25, 2002, the Maritime Transportation Security Act 
(MTSA) of 2002 was signed into law. MTSA amended DWPA, which as enacted 
in 1974 applied only to deepwater ports for oil, to cover natural gas 
facilities as well. It also called for the development of implementing 
regulations ``as soon as practicable,'' and authorized publication of a 
temporary interim rule without regard to the usual public notice and 
comment provisions of the Administrative Procedure Act.
    The proposed rule published in the 2002 NPRM has now been revised 
to reflect MTSA's amendment of DWPA to include natural gas facilities, 
and to reflect public comments that we received in response to the 
NPRM. We also changed many provisions taken from the 1999 OCS 
Activities NPRM (see ``Related Rulemaking,'' above). We have tried to 
align the rules for natural gas deepwater ports with existing rules for 
facilities transferring (liquefied) natural gas (33 CFR part 127).
    After MTSA's enactment, the Coast Guard and the Maritime 
Administration (MARAD) received two applications for the licensing of 
natural gas deepwater ports. As we announced in the Federal Register, 
those applications (Port Pelican LLC Deepwater Port, 67 FR 79234, Dec. 
27, 2002; El Paso Energy Bridge Gulf of Mexico, LLC Deepwater Port, 68 
FR 3299, January 23, 2003) thus far have been processed using the 
existing provisions of 33 CFR part 148 that govern the license 
application process. With publication of this temporary interim rule, 
we now will complete the processing of these two applications under the 
revised provisions of part 148.

Applicable Standards

    In the Deepwater Port Act's first three decades, only one deepwater 
port was constructed. By contrast, in the first three months following 
MTSA's amendment of DWPA, the Coast Guard became aware of about half a 
dozen potential applicants, and two applications for natural gas 
facilities were received within weeks of MTSA's enactment. In order to 
fulfill MTSA's mandate to issue implementing regulations as soon as 
practicable, we have sought to provide the public with a comprehensive 
regulatory scheme at this time, even though that scheme will certainly 
require fine-tuning as both government and industry acquire more 
experience in addressing the issues posed by the growing interest in 
deepwater ports.
    One area in which we intend to refine these rules is in identifying 
the industry standards or similar commonly accepted authorities that we 
think provide deepwater port operators with adequate guidance for the 
safe design, construction, and operation of their facilities. Our 2002 
NPRM listed several such authorities and invited the public to suggest 
others. Two commenters on that NPRM favored incorporation of industry 
standards wherever possible. Similarly, rules that were proposed in the 
1999 OCS Activities NPRM--to which the 2002 NPRM referred and on which 
much of this new temporary interim rule's provisions are based--
liberally incorporated industry standards or other authorities.
    The incorporation by reference of such industry standards is 
attractive to industry and to regulators alike. However, it is not yet 
clear whether standards mentioned in the earlier NPRMs are the best 
guides for a deepwater port industry that soon could be dominated by 
natural gas facilities, some of them unmanned.
    Accordingly, in this temporary interim rule we have removed 
references to industry standards in our regulatory text, and instead, 
we have written into the regulations performance levels that we believe 
deepwater ports must meet. Applicants and operators will need to 
demonstrate the ability to maintain these prescribed levels. We are

[[Page 726]]

not ready to identify industry standards in the regulations that will 
have the force of law for both regulators and the regulated public.
    The Deepwater Port Modernization Act of 1996 was intended to 
encourage flexibility and innovation and to avoid writing regulations 
that fit the existing model for deepwater ports represented by the 
Louisiana Offshore Oil Port (LOOP). DPMA supports detailing port-
specific requirements in the license or, as much as possible, in the 
port's operations manual.
    With rapid advances in technology, such as those now seen in the 
offshore energy and transportation industry, new regulations may lag 
and existing ones may not fully apply to proposed innovations. The 
current situation is similar to one that existed 15 years ago when 
tension leg platforms were introduced to access oil and gas on the U.S. 
Outer Continental Shelf at previously unattainable water depths. At 
that time industry submitted a design basis plan that the Coast Guard 
reviewed and approved as the standards to be used for a particular 
project. Now, applicants for deepwater port licenses have identified 
proposed standards or a design basis plan within their applications. 
The Coast Guard is identifying appropriate standards as part of the 
application reviews and for inclusion in the final rule for deepwater 
ports. In doing so, we will combine, to the extent practicable, 
existing standards and regulations that have proven successful for 
vessels, offshore structures, and onshore liquified natural gas (LNG) 
import terminals.
    In addition, several classification societies are developing guides 
for offshore LNG terminals. We will work with them and other Federal 
agencies having experience in various aspects of oil and LNG terminals 
to determine the adequacy of these guides and other relevant standards 
and regulations, such as NFPA 59A and 49 CFR part 193.
    We invite your comments about standards that may be of value to the 
Coast Guard and industry, and we may revise our final rule to 
incorporate some of these standards by reference.
    Also, in the event that we adopt an interpretive policy under which 
specific industry standards are identified as beneficial in complying 
with requirements of the temporary interim rule, we will publish a 
notice in the Federal Register to call your attention to that policy. 
Standards identified in that manner will not have the force of law, but 
they should provide worthwhile guidance.

Old-to-New Reference Tables

    This rulemaking amends 33 CFR parts 148, 149, and 150, which were 
first issued in 1975. In revising those parts, we have found it 
necessary to relocate some provisions and to eliminate others as 
obsolete. In addition, this temporary interim rule draws upon proposed 
regulatory text that first appeared in the 2002 Deepwater Ports NPRM 
and in the 1999 OCS Activities NPRM (see ``Related Rulemaking,'' 
above), and relocates or eliminates much of that material as well. 
Therefore, we have inserted the following tables to help you locate 
related old and new provisions.
    There are three tables:
    Table 1 is arranged by ``new'' temporary interim rule section, and 
lists the ``old'' sources from which the new provision is drawn, 
whether that old parallel provision exists in the CFR rules that were 
in force until publication of the temporary interim rule, or was 
proposed in either the 2002 Deepwater Ports NPRM or the 1999 OCS 
Activities NPRM. If a new provision is listed without an old parallel, 
it has been added in this temporary interim rule for the first time, 
for a reason explained in ``Discussion of Comments and Changes,'' 
below.
    Table 2 is arranged by existing CFR section. These are ``old'' 
Coast Guard rules in force until the publication of this temporary 
interim rule, with their ``new'' parallel provisions in the temporary 
interim rule (as well as a middle column showing where the CFR section 
was paralleled in either the 2002 Deepwater Ports NPRM or the 1999 OCS 
Activities NPRM). If an old provision is listed without a new parallel, 
it was eliminated from this temporary interim rule for a reason 
explained in ``Discussion of Comments and Changes,'' below.
    Table 3 is arranged by NPRM section. These are ``old'' sections 
that were proposed either in the 2002 Deepwater Ports NPRM or as an 
amendment to 33 CFR part 142 or part 143 in the 1999 OCS Activities 
NPRM, with their ``new'' parallel provisions in the temporary interim 
rule. If an old provision is listed without a new parallel, it was 
eliminated from this temporary interim rule for a reason explained in 
``Discussion of Comments and Changes,'' below.

Table 1.--Temporary Interim Rule (TIR) Sections to NPRM and CFR Sections
------------------------------------------------------------------------
                                  It is derived from
  If you are looking at the TIR      the NPRM* at      That was derived
             cite--                   proposed--         from 33 CFR--
------------------------------------------------------------------------
148.1...........................  148.1.............  148.1
148.2...........................  148.2.............  149.105, 150.103
148.3...........................  148.3               ..................
148.5...........................  148.5.............  148.3, 150.204,
                                                       150.303, 150.403
148.100.........................  148.100...........  148.101
148.105.........................  148.105...........  148.109
148.107.........................  148.107...........  148.109(z)
148.108.........................  148.108...........  148.109(z)(5)
148.110.........................  148.110...........  148.105
148.115.........................  148.115...........  148.103,
                                                       148.107(a), (b)
148.125.........................  148.125...........  148.107(c) through
                                                       (e)
148.200.........................  148.200...........  148.201
148.205.........................  148.205...........  148.205
148.207.........................  148.207...........  148.207
148.209.........................  148.209...........  148.211
148.211.........................  148.211...........  148.213
148.213.........................  148.213...........  148.215
148.215.........................  148.215...........  148.216
148.217.........................  148.217...........  148.217
148.221.........................  148.221...........  148.219
148.222.........................  148.222(a) and (b)  148.231
148.227.........................  148.227...........  148.235
148.228.........................  148.228...........  148.251

[[Page 727]]

 
148.230.........................  148.230...........  148.253, .283
148.232.........................  148.232...........  148.203(b), .287,
                                                       .291
148.234.........................  148.234...........  148.255
148.236.........................  148.236...........  148.257
148.238.........................  148.238...........  148.261
148.240.........................  148.240...........  148.263
148.242.........................  148.242...........  148.265
148.244.........................  148.244...........  148.267
148.246.........................  148.246...........  148.273(a) and (c)
148.248.........................  148.248...........  148.273(b)
148.250.........................  148.250...........  148.275
148.252.........................  148.252...........  148.281
148.254.........................  148.254...........  148.285
148.256.........................  148.256...........
148.276.........................  148.276...........  148.321(b)
148.277.........................  148.277...........  148.321(a)
148.279.........................  148.279...........  148.323
148.281.........................  148.281...........  148.325
148.283.........................  148.283...........  148.327
148.300.........................  148.300...........  148.400
148.305.........................  148.305...........  148.403
148.307.........................  148.307...........  148.407(a)
148.310.........................  148.310...........  148.405
148.315.........................  148.315
148.320.........................  148.320
148.400.........................  148.400...........  148.501
148.405.........................  148.405...........  148.503
148.410.........................  148.410...........  148.505
148.415.........................  148.415...........  148.507
148.420.........................  148.420...........  148.509
148.500.........................  148.500...........  148.601
148.505.........................  148.505...........  148.603
148.510.........................  148.510...........  148.605
148.515.........................  148.515...........  148.607
148.600.........................  148.610
148.605.........................  148.605...........  148.703
148.700, .702, .705, .707, .708,  148 Appendix A....  148 Appendix A
 .709, .710, .715, .720, .722,
 .725, .730, .735, .737.
149.1...........................  149.1.............  149.101
149.5...........................  149.5               ..................
149.10..........................  149.10
149.100.........................  149.100...........  149.301
149.103.........................  149.103...........  149.319
149.105.........................  149.105...........  149.303
149.110.........................  149.110...........  149.305
149.115.........................  149.115...........  149.307
149.120.........................  149.120...........  149.309
149.125.........................  149.125...........  149.311
149.130.........................  149.130...........  149.313
149.135.........................  149.135...........  149.315
149.140.........................  149.140...........  149.317
149.145.........................  149.145...........  149.403
149.150.........................  149.150...........  149.321
149.300.........................  149.300...........  ..................
149.301 through 149.339.........  149.305 [which
                                   references Sub
                                   N** NPRM sections
                                   143.810 through
                                   143.885, and
                                   143.910 through
                                   143.925]
149.340.........................  149.310...........  149.402
149.400.........................  149.400
149.401.........................  149.405
149.402.........................  143.1010 [Sub N]
149.403, .404...................  149.430/143.1015    149.402
                                   [Sub N].
149.405.........................  143.1020 [Sub N]
149.406.........................  143.1025 [Sub N]
149.407.........................  143.1026 [Sub N]
149.408.........................  143.1028 [Sub N]
149.409.........................  143.1029 [Sub N]
149.410.........................  143.1030 [Sub N]
149.411.........................  143.1035 [Sub N]
149.412.........................  143.1040 [Sub N]
149.413.........................  143.1045 [Sub N]
149.414.........................  143.1050 [Sub N]

[[Page 728]]

 
149.415.........................  149.410/143.1055    149.451
                                   [Sub N].
149.416.........................  149.415...........  149.453
149.417.........................  149.420...........  149.457
149.418.........................  149.425(a)........  149.467
149.419.........................  New
149.420.........................  143.1060 [Sub N]    ..................
149.421.........................  143.1061 [Sub N]    ..................
149.422.........................  143.1062 [Sub N]    ..................
149.423.........................  143.1135 [Sub N]    ..................
149.424.........................  New...............
149.500.........................  149.500...........  149.701
149.505.........................  149.505...........  149.705
149.510.........................  149.510...........  149.707
149.520.........................  149.520
149.535.........................  149.535...........  149.797
149.540.........................  149.540...........  149.751
149.550.........................  149.550...........  149.753
149.560.........................  149.560...........  149.771 and
                                                       149.772
149.565.........................  149.565...........  149.773
149.570.........................  149.570...........  149.791
149.575.........................  149.575...........  149.793
149.580.........................  149.580...........  149.795
149.585.........................  149.585...........  149.799
149.600.........................  149.600...........  149.201
149.610.........................  149.610...........  150.117
149.615.........................  149.615...........  149.203 (a) and
                                                       (b)
149.620.........................  149.620...........  149.203 (c) and
                                                       (d)
149.625.........................  149.625...........  149.205
149.630.........................  149.630...........  ..................
149.640.........................  149.640...........  149.206
149.641.........................  143.1115 [Sub N]..  ..................
149.642.........................  143.1115 [Sub N]..  ..................
149.643.........................  143.1115 [Sub N]..  ..................
149.644.........................  143.1115 [Sub N]..  ..................
149.645.........................  143.1120 [Sub N]..  ..................
149.646.........................  143.1120 [Sub N]..  ..................
149.647.........................  143.1120 [Sub N]..  ..................
149.650.........................  149.650...........  149.209 and
                                                       150.121
149.655.........................  149.655...........  149.213
149.660.........................  149.660...........  149.411
149.665.........................  149.665...........  149.541
149.670.........................  149.670...........  149.543
149.675.........................  149.675...........  149.545
149.680.........................  149.680...........  149.217 and
                                                       150.527
149.685.........................  149.685...........  ..................
149.690.........................  149.690...........  149.421, .423,
                                                       .431, .433 and
                                                       .441
149.691.........................  143.1220 [Sub N]    ..................
149.692.........................  143.1221 [Sub N]    ..................
149.693.........................  143.1222 [Sub N]    ..................
149.694.........................  143.1230 [Sub N]    ..................
149.695.........................  143.1231 [Sub N]    ..................
149.696.........................  143.1232 [Sub N]
149.697.........................   143.1235 [Sub N]
149.700.........................  149.695...........  149.539
150.1...........................  150.1.............  150.101
150.5...........................  150.5
150.10 (a)-(d)..................  150.10 (a)-(b)....  150.105 (a)-(b)
150.10 (e)......................  150.10 (c)........  150.109
150.15..........................  150.15............  150.105
150.20..........................  150.20............  150.106
150.25..........................  150.25............  150.107 (a)-(c)
150.30..........................  150.30............  150.107 (a)-(c)
150.35..........................  150.35............  150.107 (d)
150.40..........................  150.40............  150.113
150.45..........................  150.45............  150.115
150.50..........................  150.50............  150.129
150.100.........................  150.100             ..................
150.105.........................  New...............  [see Note 1]
150.110.........................  New
150.200.........................  150.205
150.205.........................  150.210...........  150.203
150.210.........................  150.215...........  150.217

[[Page 729]]

 
150.225.........................  150.250...........  ..................
150.300.........................  150.300...........  150.301
150.305.........................  150.305
150.310.........................  150.310...........  150.307
150.320.........................  150.320...........  150.309 (a) and
                                                       (b)
150.325.........................  150.325...........  150.333
150.330.........................  150.330...........  150.335
150.340.........................  150.340...........  150.337
150.345.........................  150.345...........  150.315
150.350.........................  150.350...........  150.338
150.355.........................  150.355...........  150.317, 150.339
150.380.........................  150.380...........  150.345
150.385.........................  150.385
150.400.........................  150.400...........  150.400
150.405.........................  150.405...........  150.405
150.420.........................  150.420...........  150.411
150.425.........................  150.425...........  150.413
150.430.........................  150.435...........  150.417
150.435.........................  150.440...........  150.423
150.440.........................  150.445...........  150.425
150.445.........................  150.447...........  150.421
150.500.........................  150.500...........  150.500
150.501.........................  150.505...........  150.503
150.502.........................  143.615 [Sub N]
150.503.........................  143.620 [Sub N]     ..................
150.504.........................  143.625 [Sub N]     ..................
150.505.........................  143.630 [Sub N]     ..................
150.506.........................  143.635 [Sub N]     ..................
150.507.........................  143.640 [Sub N]     ..................
150.508.........................  143.645 [Sub N]     ..................
150.509.........................  150.510             ..................
150.510.........................  143.710 [Sub N]     ..................
150.511.........................  143.715 [Sub N]     ..................
150.512.........................  143.720 [Sub N]     ..................
150.513.........................  143.725 [Sub N]     ..................
150.514.........................  143.730 [Sub N]
150.515.........................  143.735 [Sub N]
150.516.........................  143.740 [Sub N]
150.517.........................  143.745 [Sub N]
150.518.........................  143.765 [Sub N]
150.519.........................  143.760 [Sub N]
150.520.........................  143.750 [Sub N]
150.521.........................  143.755 [Sub N]
150.530.........................  150.515...........  150.504
150.531.........................  150.520...........  150.505
150.532.........................  150.525...........  150.507
150.540.........................  150.530...........  150.515
150.550.........................  150.535...........  150.517
150.555.........................  New
150.600.........................  150.600...........  150.509
150.601.........................  New
150.602.........................  142.20 [Sub N]
150.603.........................  142.25 [Sub N]
150.604.........................  142.30 [Sub N]
150.605.........................  142.35 [Sub N]
150.606.........................  142.40 [Sub N]
150.607.........................  New
150.608.........................  142.110 [Sub N]
150.609.........................  142.115 [Sub N]
150.610.........................  142.120 [Sub N]
150.611.........................  142.125 [Sub N]
150.612.........................  142.130 [Sub N]
150.613.........................  142.235 [Sub N]
150.614.........................  142.140 [Sub N]
150.615.........................  142.215 [Sub N]
150.616.........................  142.220 [Sub N]
150.617.........................  142.225 [Sub N]
150.618.........................  142.150-.152/
                                   142.180-.183 [Sub
                                   N]
150.619.........................  142.155 [Sub N]
150.620.........................  142.245 [Sub N]
150.621.........................  142.260 [Sub N]
150.622.........................  142.285 [Sub N]

[[Page 730]]

 
150.623.........................  Part 142 subpart D
                                   [Sub N]
150.624.........................  142.185 [Sub N]
150.625.........................  142.410 [Sub N]
150.626.........................  142.415 [Sub N]
150.627.........................  142.420 [Sub N]
150.628.........................  142.425 [Sub N]
150.700.........................  150.700...........  150.601
150.705.........................  150.705...........  150.603
150.710.........................  150.710...........  150.605
150.715.........................  150.715...........  150.607
150.720.........................  150.720...........  150.611
150.800.........................  150.800...........  150.701
150.805.........................  150.805...........  150.703
150.810.........................  150.810...........  150.705
150.815.........................  150.815...........  150.711
150.820.........................  150.820...........  150.711
150.825.........................  150.825
150.830.........................  150.830
150.835.........................  150.835...........  150.713
150.840.........................  150.840...........  150.751
150.845.........................  150.845...........  150.753
150.850.........................  150.850...........  150.759
150.900.........................  150.900...........  150 Appendix A
150.905.........................  150.905...........  150 Appendix A
150.910.........................  150.910...........  150 Appendix A
150.915.........................  150.915...........  150 Appendix A
150.920.........................  150.920...........  147.30
150.925.........................  150.925...........  147.35
150.930.........................  150.930...........  147.105
------------------------------------------------------------------------
 *Unless noted otherwise, ``NPRM'', notice of proposed rulemaking,
  refers to the NPRM on Deepwater Ports (USCG-1998-3884).
 ** ``[Sub N]'' means the section listed was published in the NPRM on
  OCS Activities (USCG-1998-3868).
 Note 1: The advent of this section was discussed on page 37927 (in the
  preamble only) of the NPRM on Deepwater Ports (USCG-1998-3884).


          Table 2.--Prior CFR Sections to NPRM and TIR Sections
------------------------------------------------------------------------
                                    It was found in
If the regulation is in 33 CFR--     the NPRM* at      And it is now in
                                      proposed--         the TIR at--
------------------------------------------------------------------------
148.1...........................  148.1.............  148.1
148.3...........................  148.5.............  148.5
148.101.........................  148.100...........  148.100
148.103.........................  148.115...........  148.115
148.105.........................  148.110...........  148.110
148.107(a) and (b)..............  148.115...........  148.115
148.107(c), (d), and (e)........  148.125...........  148.125
148.109.........................  148.105...........  148.105
148.109(z)......................  148.107...........  148.107
148.109(z)......................  148.108...........  148.108
148.111
148.201.........................  148.200...........  148.200
148.203(b)......................  148.232...........  148.232
148.205.........................  148.205...........  148.205
148.207.........................  148.207...........  148.207
148.211.........................  148.209...........  148.209
148.213.........................  148.211...........  148.211
148.215.........................  148.213...........  148.213
148.216.........................  148.215...........  148.215
148.217.........................  148.217...........  148.217
148.219.........................  148.221...........  148.221
148.231.........................  148.222(a) and (b)  148.222(a) and (b)
148.233.........................  148.222(c)........  148.222(c)
148.235.........................  148.227...........  148.227
148.251.........................  148.228...........  148.228
148.253.........................  148.230...........  148.230
148.255.........................  148.234...........  148.234
148.257.........................  148.236...........  148.236
148.259.........................  148.232(a)........  148.232(a)
148.261.........................  148.238...........  148.238
148.263.........................  148.240...........  148.240
148.265.........................  148.242...........  148.242
148.267.........................  148.244...........  148.244

[[Page 731]]

 
148.269.........................  148.232(a)........  148.232(a)
148.271.........................  148.232(a)........  148.232(a)
148.273(a) and (c)..............  148.246...........  148.246
148.273(b)......................  148.248...........  148.248
148.275.........................  148.250...........  148.250
148.277.........................  148.232(a)........  148.232(a)
148.279.........................  148.232(a)........  148.232(a)
148.281.........................  148.252...........  148.252
148.283.........................  148.230...........  148.230
148.285.........................  148.254...........  148.254
148.287.........................  148.232...........  148.232
148.289.........................  148.232, .242.....  148.232, .242
148.291.........................  148.232(a)........  148.232
148.321(a)......................  148.277...........  148.277
148.321(b)......................  148.276...........  148.276
148.323.........................  148.279...........  148.279
148.325.........................  148.281...........  148.281
148.327.........................  148.283...........  148.283
148.400.........................  148.300...........  148.300
148.403.........................  148.305...........  148.305, 148.307
148.405.........................  148.310...........  148.310
148.407.........................  148.277, .307.....  148.277, .307
148.501.........................  148.400...........  148.400
148.503.........................  148.405...........  148.405
148.505.........................  148.410...........  148.410
148.507.........................  148.415...........  148.415
148.509.........................  148.420...........  148.420
148.601.........................  148.500...........  148.500
148.603.........................  148.505...........  148.505
148.605.........................  148.510...........  148.510
148.607.........................  148.515...........  148.515
148.701.........................  148.600...........  148.600
148.703.........................  148.605...........  148.605
148 Appendix A..................  148 Appendix A....  148.700, .702,
                                                       .705, .707, .708,
                                                       .709, .710, .715,
                                                       .720, .722, .725,
                                                       .730, .735, .737
148 Annex A.....................  148 Annex A.......  148.730, .735,
                                                       .737
149.101.........................  149.1.............  149.1
149.105.........................  148.2.............  149.5
149.201.........................  149.600...........  149.600
149.203(a) through (c)..........  149.615...........  149.615
149.203(d)......................  149.620...........  149.620
149.205.........................  149.625...........  149.625
149.206.........................  149.640...........  149.640
149.209.........................  149.650...........  149.650
149.211
149.213.........................  149.655...........  149.655
149.215
149.217.........................  149.680...........  149.680
149.301.........................  149.100...........  149.100
149.303.........................  149.105...........  149.105
149.305.........................  149.110...........  149.110
149.307.........................  149.115...........  149.115
149.309.........................  149.120...........  149.120
149.311.........................  149.125...........  149.125
149.313.........................  149.130...........  149.130
149.315.........................  149.135...........  149.135
149.317.........................  149.140...........  149.140
149.319.........................  149.103...........  149.103
149.321.........................  149.150...........  149.150
149.401.........................  150.15............  150.15
149.402.........................  149.310 and         150.501
                                   149.430.
149.403.........................  149.145...........  149.145
149.411.........................  149.660...........  149.660
149.421.........................  149.690...........  149.690
149.423.........................  149.690...........  149.690
149.431.........................  149.690...........  149.690
149.433.........................  149.690...........  149.690
149.441.........................  149.690...........  149.690
149.451.........................  149.410...........  149.415
149.453.........................  149.415(a) through  149.416
                                   (c).
149.455.........................  149.415(d)........  149.416(d)
149.457.........................  149.420(a) through  149.417
                                   (c).

[[Page 732]]

 
149.459.........................  149.420(d)........  149.417(a)
149.461.........................  149.420(e)........  149.417(c)
149.463.........................  149.420(f)
149.465.........................  149.420(g)........  149.417(e)
149.467.........................  149.425(a)........  150.532
149.469.........................  149.425(b)
149.471.........................  149.425(c)
149 473.........................  149.425(d)
149.477.........................  149.425(e)
149.479
149.481.........................  149.405...........  149.401
149.483.........................  149.405...........  149.401
149.491.........................  149.405
149.501.........................  149.405
149.503.........................  149.405
149.505.........................  149.405
149.507.........................  149.405
149.511.........................  149.405...........  149.401
149.513.........................  149.405...........  149.421
149.515.........................  149.405...........  149.412
149.517.........................  149.405...........  149.411
149.521 through 149.537.........  149.305...........  149.301 through
                                                       .333
149.539.........................  149.695...........  149.700
149.541.........................  149.665...........  149.665
149.543.........................  149.670...........  149.670
149.545.........................  149.675...........  149.675
149.701.........................  149.500...........  149.500
149.703.........................  149.521...........  149.535
149.705.........................  149.505...........  149.520
149.707.........................  149.510...........  149.510
149.721.........................  150.715...........  150.715
149.723.........................  149.527
149.724.........................  149.520...........  149.520
149.725
149.727.........................  149.525...........  149.520
149.729
149.751.........................  149.540...........  149.540
149.753.........................  149.550...........  149.550
149.755(a) and (b)..............  149.531(a) and (b)
149.755(c)......................  149.555(a) and (b)
149.757(a)......................  149.531(c)
149.757(b)......................  149.545(a)(3)
149.757(c)......................  149.555(c)........  149.550
149.759.........................  149.533
149.771
149.773.........................  149.560...........  149.560
149.775.........................  149.565...........  149.565
149.791.........................  149.570...........  149.570
149.793.........................  149.575...........  149.575
149.795.........................  149.580...........  149.580
149.797.........................  149.535...........  149.535
149.799.........................  149.585...........  149.585
150.101.........................  150.1.............  150.1
150.103.........................  148.2.............  148.2
150.105.........................  150.10............  150.10
150.106.........................  150.20............  150.20
150.107(a)-(c)..................  150.25............  150.25
150.107(d)......................  150.35............  150.35
150.109.........................  150.10............  150.10(e)
150.113.........................  150.40............  150.40
150.115.........................  150.45............  150.45
150.117
150.119.........................  ..................  150.110
150.121
150.123
150.125
150.127.........................  150.15............  150.15
150.129.........................  150.50............  150.50
150.201.........................  150.200
150.203.........................  150.210...........  150.205
150.204.........................  148.5.............  148.5
150.205.........................  150.220

[[Page 733]]

 
150.207.........................  150.225
150.209.........................  150.230
150.211.........................  150.235
150.213.........................  150.240
150.215.........................  150.245
150.217.........................  150.215...........  150.210
150.301.........................  150.300...........  150.300
150.303.........................  148.5.............  148.5
150.305.........................  150.15............  150.15
150.307.........................  150.310...........  150.310
150.309 (a) and (b).............  150.320...........  150.320
150.309 (c).....................  150.365...........  150.320
150.311.........................  ..................  150.15
150.313.........................  ..................  150.340
150.315.........................  150.345...........  150.345
150.317.........................  150.355...........  150.355
150.333.........................  150.325...........  150.325
150.335.........................  150.330...........  150.330
150.337.........................  150.340...........  150.340
150.338.........................  150.350...........  150.350
150.339.........................  150.355...........  150.355
150.341.........................  150.370
150.342.........................  150.375
150.345.........................  150.380...........  150.380
150.400.........................  150.400...........  150.400
150.403.........................  148.5.............  148.5
150.405.........................  150.405...........  150.405
150.407
150.409
150.411.........................  150.420...........  150.420
150.413.........................  150.425...........  150.425
150.415.........................  150.430
150.417.........................  150.435...........  150.430
150.419
150.421.........................  150.447...........  150.445
150.423.........................  150.440...........  150.435
150.425.........................  150.445...........  150.440
150.500.........................  150.500...........  150.500
150.503.........................  150.505...........  150.501
150.504.........................  150.515...........  150.530
150.505.........................  150.520...........  150.531
150.507.........................  150.525...........  150.532
150.509.........................  150.600...........  150.540
150.511.........................  150.600...........  150.550
150.513
150.515.........................  150.530...........  150.540
150.516.........................  ..................  150.600
150.517.........................  150.535...........  150.550
150.519
150.521
150.523
150.525.........................  150.600...........  150.600
150.527.........................  149.680...........  149.680
150.601.........................  150.700...........  150.700
150.603.........................  150.705...........  150.705
150.605.........................  150.710...........  150.710
150.607.........................  150.715...........  150.715
150.611.........................  150.720...........  150.720
150.701.........................  150.800...........  150.800
150.703.........................  150.805...........  150.805
150.705.........................  150.810...........  150.810
150.707
150.711.........................  150.815, .820.....  150.815, .820
150.713.........................  150.835...........  150.835
150.751.........................  150.840...........  150.840
150.753.........................  150.845...........  150.845
150.755
150.757
150.759.........................  150.850...........  150.850
150 Appendix A..................  150.900 through     150.900 through
                                   150.915.            .930
150 Annex A.....................  150.935...........  150.905
------------------------------------------------------------------------
*Unless noted otherwise, ``NPRM'', notice of proposed rulemaking, refers
  to USCG-1998-3884.


[[Page 734]]


                 Table 3.--NPRM Sections to TIR Sections
------------------------------------------------------------------------
The regulation in the NPRM* at section--
                                          Is now in the TIR at section--
------------------------------------------------------------------------
148.1..................................  148.1
148.2..................................  148.2
148.3..................................  148.3
148.5..................................  148.5
148.10                                   ...............................
148.100................................  148.100
148.105................................  148.105
148.107................................  148.107
148.108................................  148.108
148.110................................  148.110
148.115................................  148.115
148.125................................  148.125
148.200................................  148.200
148.203................................  ...............................
148.205................................  148.205
148.207................................  148.207
148.209................................  148.209
148.211................................  148.211
148.213................................  148.213
148.215................................  148.215
148.217................................  148.217
148.221................................  148.221
148.222................................  148.222
148.227................................  148.227
148.228................................  148.228
148.230................................  148.230
148.232................................  148.232
148.234................................  148.234
148.236................................  148.236
148.238................................  148.238
148.240................................  148.240
148.242................................  148.242
148.244................................  148.244
148.246................................  148.246
148.248................................  148.248
148.250................................  148.250
148.252................................  148.252
148.254................................  148.254
148.256................................  148.256
148.276................................  148.276
148.277................................  148.277
148.279................................  148.279
148.281................................  148.281
148.283................................  148.283
148.300................................  148.300
148.305................................  148.305
148.307................................  148.307
148.310................................  148.310
148.315................................  148.315
148.320................................  148.320
148.400................................  148.400
148.405................................  148.405
148.410................................  148.410
148.415................................  148.415
148.420................................  148.420
148.500................................  148.500
148.505................................  148.505
148.510................................  148.510
148.515................................  148.515
148.600................................  148.600
148.605................................  148.605
148.610................................  ...............................
148 Appendix A.........................  148.700, .702, .705, .707,
                                          .708, .709, .710, .715, .720,
                                          .722, .725, .730, .735, .737
148 Annex A............................  148.730, .735, .737
149.1..................................  149.1
149.5..................................  149.5
149.10.................................  149.10
149.100................................  149.100
149.105................................  149.105
149.110................................  149.110
149.115................................  149.115
149.120................................  149.120
149.125................................  149.125
149.130................................  149.130
149.135................................  149.135
149.140................................  149.140
149.145................................  149.145
149.150................................  149.150
149.300................................  149.300
149.305................................  149.301 through 149.339
149.310................................  ...............................
149.400................................  149.400
149.405................................  149.401
149.410................................  149.415
149.415................................  149.416
149.420................................  149.417
149.425................................  149.418
150.430................................  ...............................
149.500................................  150.500
149.505................................  149.505
149.510................................  149.510
149.520................................  149.520
149.521................................  ...............................
149.523................................  ...............................
149.525................................  ...............................
149.527................................  ...............................
149.530................................  ...............................
149.531................................  ...............................
149.533................................  ...............................
149.535................................  149.535
149.540................................  149.540
149.545................................  ...............................
149.550................................  149.550
149.555................................  ...............................
149.560................................  149.560
149.565................................  149.565
149.570................................  149.570
149.575................................  149.575
149.580................................  149.580
149.535................................  149.535
149.585................................  149.585
149.600................................  149.600
149.610................................  149.610
149.615................................  149.615
149.620................................  149.620
149.625................................  149.625
149.630................................  149.630
149.640................................  149.640
149.650................................  149.650
149.655................................  149.655
149.660................................  149.660
149.665................................  149.665
149.670................................  149.670
149.675................................  149.675
149.680................................  149.680
149.685................................  149.685
149.690................................  149.690
149.695................................  149.700
150.1..................................  150.1
150.5..................................  150.5
150.10.................................  150.10
150.15.................................  150.15
150.20.................................  150.20
150.25.................................  150.25
150.30.................................  150.30
150.35.................................  150.35
150.40.................................  150.40
150.45.................................  150.45
150.50.................................  150.50
150.100................................  150.100
150.200
150.205................................  150.200
150.210................................  150.205
150.215................................  150.210
150.220
150.225
150.230
150.235
150.240
150.245
150.250................................  150.250
150.300................................  150.300
150.310................................  150.310
150.320................................  150.320
150.325................................  150.325
150.330................................  150.330
150.340................................  150.340
150.345................................  150.345
150.350................................  150.350
150.355................................  150.355
150.365................................  150.320
150.370
150.375................................  ...............................
150.380................................  150.380
150.400................................  150.400
150.405................................  150.405
150.420................................  150.420
150.425................................  150.425
150.430
150.435................................  150.430
150.440................................  150.435
150.445................................  150.440
150.447................................  150.445
150.500................................  150.500
150.505................................  150.501
150.510................................  150.509
150.515................................  150.530
150.520................................  150.531
150.525................................  150.532
150.530................................  150.540
150.535................................  150.550
150.600................................  150.601
150.700................................  150.700
150.705................................  150.705
150.710................................  150.710
150.715................................  150.715
150.720................................  150.720
150.800................................  150.800
150.805................................  150.805
150.810................................  150.810
150.815................................  150.815
150.820................................  150.820
150.825................................  150.825
150.830................................  150.830
150.835................................  150.835
150.840................................  150.840
150.845................................  150.845
150.850................................  150.850
150.900................................  150.900
150.905................................  150.905
150.910................................  150.910
150.915................................  150.915
150.920................................  150.920
150.925................................  150.925

[[Page 735]]

 
150.930................................  150.930
150.935
------------------------------------------------------------------------
*Unless noted otherwise, ``NPRM'', notice of proposed rulemaking, refers
  to USCG-1998-3884.

Discussion of Comments and Changes

    In the following pages we discuss public comments received on our 
2002 NPRM as well as other significant changes made to the regulatory 
text since that NPRM was published. This discussion begins with a 
review of general comments and then moves sequentially through the 
three parts of Title 33, Code of Federal Regulations (parts 148, 149, 
and 150) that are amended by this rulemaking. The section designations 
match those that you will see in the regulatory text that follows this 
preamble. In many cases, those designations have changed since the 2002 
NPRM. In addition, the temporary interim rule incorporates provisions 
that appeared in the 1999 OCS Activities NPRM (see ``Related 
Rulemaking,'' above) and that were proposed as amendments to parts 142 
and 143 of title 33. Finally, you may wish to compare the text of parts 
148, 149, or 150 that were effective prior to this temporary interim 
rule. To move between ``old'' provisions and their ``new'' parallels, 
or vice versa, use the three tables appearing under ``Old-to-New 
Reference Tables,'' above.
    Many sections of the temporary interim rule have been changed for 
one or more of the following reasons:
    [sbull] The change is not substantive--in this category we include 
changes made merely to reflect the Coast Guard's transfer to the new 
Department of Homeland Security, conversion of English or metric 
measurements and elimination of imprecise equivalents for those 
measurements, and changes that provide updated information without 
imposing any new legal requirement;
    [sbull] We amended the section to accommodate the legislative 
addition of natural gas deepwater ports; or
    [sbull] We added the section in order to describe in detail 
requirements in the NPRM that were only incorporated by reference to 
the OCS Activities NPRM.
    In these cases, we do not specifically discuss the section below, 
unless there is some additional reason for doing so.
    One noticeable but nonsubstantive change from the 2002 NPRM is the 
temporary interim rule's omission of Appendix A to part 148. In the 
2002 NPRM, Appendix A contained updated environmental review criteria 
for deepwater ports. These provisions are regulatory in nature and we 
consider it more appropriate to designate them as such. Updated 
environmental review criteria, therefore, now appear as subpart G in 
part 148 (Sec.  148.700 et seq.).
    We received comments from 9 commenters during the public comment 
period. A 10th commenter submitted comments largely concerned with 
natural gas issues, but not until several months after the close of the 
comment period. The 10th commenter's comments have been docketed (USCG-
1998-3884-19), but they have not been considered in the drafting of 
this temporary interim rule.
    General comments: Two commenters asked us to complete this 
rulemaking as quickly as possible. One commenter asked if we would 
``grandfather'' this temporary interim rule so that existing deepwater 
ports would have time to comply with its requirements. Because we 
consider the sole existing deepwater port to be in compliance with this 
temporary interim rule, there is no need for grandfathering.
    Specific comments: The following comments related to specific 
portions of the regulatory text.
    Sec.  148.5. One commenter asked us to define ``hydrographic 
survey'' and to distinguish ``engineering hydrographic survey'' from 
``reconnaissance hydrographic survey.'' We have added or clarified 
these definitions. This commenter also asked us to reinstate the 
definition of ``marine site,'' which we have done because it addresses 
information independent of, but complementary to, the definition of a 
deepwater port. A second commenter asked us to add a definition of 
``oil residue.'' In light of our removal of Sec.  149.150, this request 
is no longer relevant.
    Two commenters on the 1999 OCS Activities NPRM offered their views 
on the definition of ``confined space'' that now appears in this 
section. One commenter suggested that we reword the definition to make 
clear that a space ``not designed for continuous occupancy'' means a 
space ``not designed for continuous routine occupancy.'' The commenter 
said that ``continuous'' implies that occupancy must be uninterrupted, 
while ``continuous routine'' suggests that occupancy can be 
interrupted. The commenter said that, therefore, spaces like closets or 
storerooms, which are routinely but not uninterruptedly occupied, could 
be treated as ``confined spaces.'' We believe ``continuous occupancy'' 
better expresses our intent and have not modified this definition. The 
second commenter offered a different definition of ``confined space'' 
based on the industry standard ANSI Z117.1-1995(1). Aside from 
recommending this industry standard as guidance for confined space 
entry requirements, this commenter did not explain why the ANSI 
definition is superior to the one we proposed. As we explain in 
``Applicable Standards,'' above, we are not ready at this time to adopt 
industry standards. We see no reason at this time to change our 
definition of ``confined space.''
    We also made the following changes: We redefined ``citizen of the 
United States'' and ``person'' to more closely match definitions used 
in DWPA; we added definitions of ``area to be avoided,'' ``no anchoring 
area,'' ``operator,'' and ``routing measures''; and we deleted ``PAD 
District'' because the Department of Energy no longer requires 
deepwater port operators to furnish information associated with that 
term.
    Finally, we added a definition of ``Maritime Administration (or 
MARAD)'' because our rule frequently refers to that agency. We 
considered using the term ``licensing authority'' instead, to avoid 
confusion between the Secretary of Transportation and the Maritime 
Administration (MARAD). DWPA vests deepwater port licensing authority 
in the Secretary. MARAD currently exercises that authority under a 
delegation from the Secretary. While it might be technically more 
correct to use a neutral term like ``licensing authority,'' we have 
chosen to retain references to MARAD since they more directly describe 
the current procedure and can be easily changed should the Secretary 
ever change this delegation.
    Sec.  148.10. We deleted this section (concerning incorporation of 
industry standards) that appeared in the NPRM. See the discussion under 
``Applicable Standards'' above.
    Sec.  148.105. Several commenters asked that we allow preliminary 
submission of an outline or concept of operations in lieu of a detailed 
draft operations manual. We have amended this section to allow 
submission of an operations manual outline. A detailed operations 
manual will still need Coast Guard approval before a deepwater port 
begins operations.
    Sec.  148.105(a)(5). One commenter recommended that we narrow the 
information required by this paragraph so that outstanding litigation 
need be disclosed only if it is directly related to bankruptcy 
proceedings or violation of Federal or State laws. We agree and

[[Page 736]]

have amended the paragraph accordingly.
    Sec.  148.105 (b). One commenter said we should require information 
about affiliates and engineering firms only if they are involved in the 
design or construction of the port. We agree and have revised this 
paragraph accordingly.
    Sec.  148.105(d). We have revised this paragraph extensively in 
order to clarify what is required to show United States citizenship 
under DWPA, and to reflect the popularity of new forms of business 
organization such as the limited liability company.
    Sec.  148.105(g)(1). One commenter suggested a 3 percent threshold 
for affiliates. To reduce the regulatory burden on applicants, we 
revised this paragraph so that applicants need list only partners who 
have a substantial ownership interest, and affiliates who are 
contractually interested in the deepwater port. We added alternative 
compliance provisions relating to affiliate financial information.
    Sec.  148.105(g)(2). One commenter said the application's overall 
site plan should address the decommissioning and removal of the 
facility. We think each applicant will have some plan for 
decommissioning and removal, in order to meet this paragraph's 
requirement for a detailed cost estimate for removal, and that this is 
sufficient for licensing purposes. An operator's final plan for 
decommissioning and removal would have to comply with legal 
requirements in effect at that time.
    Sec.  148.105(g)(4). Three commenters recommended deleting the 
requirement that an applicant demonstrate the financial viability of 
its projects by submitting throughput and financial projections, 
arguing that the value of these projections would be outweighed by the 
competitive disadvantage at which an applicant could be put by 
publishing these projections. We have retained the requirement because 
this is essential information that is necessary and appropriate within 
the meaning of 33 U.S.C. 1504.
    Sec.  148.105(g)(5). One commenter recommended eliminating the 
requirement for estimates of future refinery capacity, runs to the 
stills, and refinery product demand. We agree that much of the required 
data is no longer needed, because competition concerns envisioned when 
DWPA was originally enacted never materialized. We have revised this 
paragraph accordingly. Another commenter said certain requirements for 
data on onshore components were more financial than technical in nature 
and should either be eliminated or combined with other requirements for 
financial data. We have retained the requirements but transferred them 
to this paragraph.
    Sec.  148.105(h). One commenter asked us to align the information 
requirements for facility contractors with those for design firms. We 
agree that our need for information about contractors and designers is 
similar, so we have amended this paragraph accordingly. This commenter 
also said we should defer the required submission of a final contract, 
perhaps until after a license is issued. While some contracts may not 
be final when the application is submitted, generally licenses should 
be issued only after all information is provided. In extenuating 
circumstances, MARAD may grant a conditional license. Finally, this 
commenter asked us to restrict the ``other studies'' required by 
(h)(2)(ii) to ``construction-related'' studies, and we have revised 
that paragraph accordingly.
    Sec.  148.105(i). One commenter asked us to align this paragraph, 
regarding compliance with the Federal Water Pollution Control Act, with 
148.105(z), concerning the processing of an application for which 
complete National Pollution Discharge Elimination System information is 
unavailable. We have revised this paragraph accordingly.
    Sec.  148.105(i)(2). One commenter said the applicant should 
include all requests for required certifications with its application, 
to further the DWPA goal of a coordinated Federal mechanism for all 
certifications. We have amended this paragraph to clarify that the 
applicant must include a copy of its request for certification, in 
cases where actual certification has not yet been granted. Where the 
appropriate coordinating agency does not issue an actual certificate, 
it will conduct a formal review and recommend action to the Coast Guard 
and MARAD. Applicants may wish to work directly with coordinating 
agencies in conjunction with the Coast Guard and MARAD.
    Sec.  148.105(m). One commenter requested more guidance as to the 
scope and purpose of a ``reconnaissance hydrographic survey,'' and 
another commenter asked us to limit the reconnaissance survey to basic 
information. We have revised this paragraph accordingly.
    Sec.  148.105(n). One commenter suggested that collection of soil 
samples be restricted to areas seaward of the high water mark. We have 
declined to insert that restriction, because the National Environmental 
Policy Act requires the deepwater port environmental assessment to 
consider the onshore implications of actions ``connected'' to 
construction or operation of the port itself. Two commenters asked us 
to allow the use of existing environmental studies in areas where the 
data sources are credible, reliable, and meet Coast Guard and 
Environmental Protection Agency (EPA) requirements for site-specific 
environmental analysis. We have amended this paragraph accordingly. We 
also define when existing surveys need to be supplemented by new data 
collection.
    Sec.  148.105(o). One commenter said applicants should submit 
archeological data with their applications. We agree and added this 
paragraph accordingly. Applicants may wish to coordinate their work in 
this area with the EPA and the Minerals Management Service (MMS).
    Sec.  148.105(r). One commenter said that site-specific, detailed 
information should not be required with the application, but only prior 
to deepwater port start-up. We have revised this paragraph to allow 
applicants to address the details of compliance in the operations 
manual. We permit minor modifications or deviation from the original 
design after submission of the application, but we will not permit 
revisions that potentially affect the project's environmental analysis 
or the status of the application.
    Sec.  148.105(s). We revised this paragraph to delete the 
requirement to provide design and evaluation studies. We had previously 
deleted a similar requirement for floating components.
    Sec.  148.105(t). One commenter said that the required data for 
onshore components could put applicants at a competitive disadvantage 
by requiring them to disclose their plans for securing transportation 
and storage. Another commenter said our requirements for throughput 
information were onerous and overbroad and arose from historical 
competition concerns that did not materialize. We have revised this 
paragraph, eliminating many requirements that appeared in the NPRM. 
These revisions should meet both commenters' objections.
    Sec.  148.105(u). One commenter said we should eliminate the 
support vessel requirements of (u)(3) and (u)(4) because these 
requirements are already addressed in the operations manual. This is 
essential information and therefore we continue to require it to be 
addressed, briefly, in the application.
    Sec.  148.105(w). One commenter said that the draft operations 
manual should be submitted at least one year prior to port start-up, 
but should not be required with the application because meaningful 
information is available only later. We believe a draft manual that 
demonstrates the applicant's ability

[[Page 737]]

to operate its proposed port safely and effectively is an indispensable 
element of the application process and can be supplemented as 
information changes. We think this paragraph, as revised, furnishes 
adequate guidance so that preparation of the draft manual will be a 
meaningful exercise for the applicant. Another commenter said an 
applicant should be allowed to show sufficient competence and 
experience to manage a deepwater port by demonstrating knowledge of MMS 
regulations for OCS structures. We agree and have amended this 
paragraph accordingly.
    Sec.  148.105(x). One commenter said that the environmental review 
criteria should consider air quality and incorporate relevant 
environmental statutes from adjacent coastal States. We think this 
paragraph and subpart G adequately reflect the applicant's need to 
describe how it will comply with all applicable environmental laws, 
including those related to air quality. The same commenter recommended 
a 10,000-year return period for evaluating the imposition of 
environmental loads, and requiring periodic reviews of assumptions used 
in the applicant's analysis. We think a 100-year return period conforms 
to international standards, and that 33 CFR part 148, subpart G 
provides the applicant with proper guidance for conducting its 
analysis. Two other commenters said we should allow the use of existing 
environmental studies in areas where the data sources are credible, 
reliable, and meet Coast Guard and Environmental Protection Agency 
(EPA) requirements for site-specific environmental analysis. We amended 
this paragraph accordingly. We define when existing surveys need to be 
supplemented by new data collection.
    Sec.  148.107. Three commenters asked us to eliminate duplicative 
or obsolete antitrust-oriented language related to document filing, 
which we have done.
    Sec.  148.108. One commenter asked us to consider costs and timing 
before complying with another agency's request for additional 
information. We have amended this section accordingly.
    Sec.  148.110. One commenter said an applicant should be allowed to 
request advance environmental scoping meetings with relevant agencies. 
We have reworded this section to emphasize that anyone can consult with 
the Coast Guard about the requirements of this subchapter, including 
its environmental requirements; MARAD may also be available for such 
consultation. This commenter also recommended letting applicants 
coordinate the preparation and review of applications through memoranda 
of understanding with relevant agencies or similar mechanisms. In this 
section, we encourage applicants to confer with the Coast Guard and 
MARAD. We do not think a more formal mechanism is needed.
    Sec.  148.115. We have reduced, from 15 to 6, the initial required 
number of printed copies of the application. Applications now must be 
sent in electronic format as well. This eases the paperwork burden on 
applicants, and recognizes the modern availability of electronic media. 
Additional print copies must still be supplied upon the request of a 
relevant agency. Our current best guess is that as many as 30 print 
copies may be requested, but the regulation contains no upper limit on 
this figure.
    Sec.  148.125. Two commenters objected to the increased application 
fee and asked for controls on the amount of additional costs that can 
be assessed. We explained the rationale for raising the fee in the 2002 
NPRM. We have amended this section to provide that applicants will 
receive periodic information about the costs of processing their 
applications.
    Sec.  148.207. One commenter said we should make the publicly 
available documents for any deepwater port application available to the 
public through the Department of Transportation's Docket Management 
Facility. That is our current practice, which we expect to continue, 
either through the Docket Management Facility or some similar service. 
Should such a service become unavailable, the Coast Guard would still 
maintain its official docket and make it available for public 
inspection in accordance with this section.
    Sec.  148.209. We added language specifying the key Federal and 
State agencies that receive copies of the application.
    Sec.  148.211. We revised this section in conformance with changes 
we made to 148.115 (initial filings).
    Sec.  148.215. We added language requiring the applicant to 
estimate the economic impact on a connected port that may be planning 
to deepen its draft channels.
    Sec. Sec.  148.276 and 148.277. One commenter recommended 
referencing DWPA's timeline for processing license applications, in 
order to emphasize the need for prompt action. We have amended these 
sections accordingly.
    Sec.  148.279. We revised this section to eliminate possible 
confusion with the statutory requirements for issuing a deepwater port 
license, which are found in 33 U.S.C. 1503.
    Sec.  148.305. One commenter said that we should allow the COTP to 
interpret and approve adjustments to operations manuals. We have 
revised this section, which is informational in nature, to refer 
readers to DWPA, which governs licensing. The actual license is issued 
by MARAD, whose rules and procedures can be consulted for further 
information.
    Sec.  148.307. We deleted a reference to the Administrator of MARAD 
because the Coast Guard cannot make a rule for that agency. This does 
not imply a change in MARAD's policy of consulting with applicants.
    Sec.  148.415. One commenter expressed support for our decision to 
delete the preliminary report requirement from this section.
    Sec.  148.610. A section with this designation appeared in the 2002 
NPRM. It specified the limit of liability for the one existing 
deepwater port, the Louisiana Offshore Oil Platform (LOOP). One 
commenter asked us to explain how LOOP's financial liability cap was 
determined and how the liability cap for future oil deepwater ports 
will be determined. Determination of LOOP's cap is discussed in the 
Federal Register at 60 FR 39849 (August 4, 1995). The Secretary's 
authority under 33 U.S.C. 2704(d)(2) to modify the statutory $350 
million limit of liability for deepwater ports has been delegated to 
the Coast Guard. We have deleted this section from the temporary 
interim rule because it has no general applicability and was included 
only for informational purposes.
    Subpart G (Sec.  148.700 et seq.). As explained earlier, this 
subpart contains material that formerly appeared as Appendix A to part 
148. We believe the regulatory nature of much of this material is 
clarified by placing it in the textual body of part 148.
    Sec.  148.702. One commenter asked for clarification of the 
criteria used in a Phase I determination under Appendix A. In this 
revised subpart, we no longer use the Phase I and Phase II terminology 
of former Appendix A.
    Sec.  148.707. One commenter asked us to require tankers to use 
low-sulfur fuel, and also said we should take regional air quality into 
account. We think this section, which is informational in nature, 
correctly expresses the environmental criteria contained in DWPA and 
allows for a balanced assessment of a proposed port's environmental 
impact.
    Sec.  148.720. One commenter recommended that construction be 
allowed even in areas with high pollutant or hazardous material levels, 
if the applicant shows some good cause

[[Page 738]]

and demonstrates its ability to minimize adverse environmental impacts. 
This would not provide adequate protection against risks to the local 
ecosystem, so we continue to require applicants to identify viable 
alternative locations for proposed ports.
    Sec.  148.730. One commenter said former Appendix A was overbroad 
in how it discouraged conflict with existing or planned land use, and 
said we should limit our scope to conflicts that adversely affect the 
environment. As revised, this section contains no absolutes, but 
evaluates proposals on how well they accord with existing or planned 
land use.
    Sec.  149.1. One commenter said this part should require each 
deepwater port to be equipped with an Automatic Identification System 
(AIS). The commenter provided no rationale. At this time we see no need 
to mandate the use of AIS for deepwater ports.
    Sec.  149.10. We revised this section to refer applicants to the 
Coast Guard Website for approved equipment and to refer to the Marine 
Safety Center's approval of engineering equipment.
    Sec.  149.15. We added this section to inform applicants and 
licensees of their responsibilities when considering changes to a port.
    Sec.  149.103. One commenter recommended removing requirements for 
discharge containment and removal equipment, since these are addressed 
in facility response plans. We agree and have amended this section 
accordingly.
    Sec.  149.125. We expanded this section to account for natural gas 
facilities and provide further guidance.
    Sec.  149.130. We added paragraph (c) to account for the 
possibility of an unmanned port.
    Sec.  149.140. We added paragraph (b) to account for the 
possibility of an unmanned port.
    Sec.  149.150. Two commenters addressed this section concerning 
receipt of vessel oil residues. One commenter recommended deleting the 
section or conforming it to former 33 CFR 149.321. The second commenter 
said a port should be capable of receiving oil residues from all 
vessels servicing it and that no waivers should be granted. We have 
removed this section because it is unnecessary in light of the 
promulgation of 33 CFR part 158 (Reception Facilities for Oil, Noxious 
Liquid Substances, and Garbage) in 1987. Waivers and alternatives are 
allowed under part 158; see 33 CFR 158.150.
    Subpart C (Sec.  149.300 et seq.). As noted earlier, we revised 
this subpart by setting out in detail provisions, originally developed 
for the 1999 OCS Activities NPRM, that were only cross-referenced in 
the 2002 Deepwater Ports NPRM.
    Sec.  149.304. In the 2002 Deepwater Ports NPRM we authorized the 
use of lifefloats as survival craft for deepwater ports. After further 
review, we have removed reference to lifefloats from this temporary 
interim rule because we find them unsuitable in terms of seaworthiness 
and personnel protection from the elements to operate in an exposed 
offshore environment.
    Sec.  149.310. One commenter on the 1999 OCS Activities NPRM said 
the forerunner to this section improperly regulated workers rather than 
operators. Our revision of this section to make it less prescriptive 
eliminated the objectionable language.
    Sec.  149.313. We modified this section as it appeared in the 1999 
OCS Activities NPRM, to clarify that survival craft must be adequate to 
accommodate all persons authorized to berth on the facility, and to 
require craft to be located near the berthing area.
    Sec.  149.314. One commenter said rescue boats should not need to 
meet SOLAS standards. We do not agree. Rescue boats need Coast Guard 
approval under approval series 160.156, and such boats meet SOLAS 
requirements. Deepwater ports (oil or natural gas) are located in 
exposed offshore locations where open and/or non-motorized boats 
approved under approval series 160.056 are not suitable, under 46 CFR 
160.056.
    Sec.  149.330. One commenter on the 1999 OCS Activities NPRM said 
that the forerunner to this section required ``consequential'' revision 
of another section, and said that the forerunner language improperly 
regulated workers rather than operators. We have revised this section 
to clarify that it is the operator who is regulated. Other revisions 
intended to make the temporary interim rule less prescriptive have 
eliminated the need for the requested consequential action. Another 
commenter on the 1999 NPRM said that in some circumstances deck suits 
provide better protection than work vests. The revised section allows 
the use of deck suits.
    Subpart D (Sec.  149.400 et seq.). As noted earlier, we revised 
this subpart by setting out in detail provisions, originally developed 
for the 1999 OCS Activities NPRM, that were only cross-referenced in 
the 2002 Deepwater Ports NPRM.
    Sec.  149.402. One commenter said Coast Guard approval for optional 
firefighting and lifesaving equipment is unnecessary if the equipment 
complies with industry standards. As explained previously, we are not 
ready to incorporate industry standards in this temporary interim rule. 
It is long-standing Coast Guard practice to inspect critical equipment 
designed to provide personnel safety, whether that equipment is 
optional or required. In an emergency, optional equipment may be used, 
in which case it must perform to the same standards as required 
equipment. We also restructured the section for better clarity.
    Sec.  149.411. Two commenters on the 1999 OCS Activities NPRM 
referred to the forerunner of this section. One made no specific 
comment and the other said there is no need for firemen outfits since 
we do not require personnel to stay and fight fires. While there are 
some situations in which it will be inadvisable to stay and fight a 
fire, there will be other times when firefighting makes sense, and in 
those cases firefighters should be properly outfitted. We have revised 
the section, however, by eliminating details in favor of a cross 
reference to 46 CFR 108.497.
    Sec.  149.412. One commenter on the 1999 OCS Activities NPRM 
referred to the forerunner of this section, and said that requiring 
fire axes makes sense only if we require personnel to stay and fight 
fires, which we do not. While there are some situations in which it 
will be inadvisable to stay and fight a fire, there will be other times 
when firefighting makes sense, and in those cases firefighters should 
be properly equipped.
    Sec.  149.413. Two commenters on the 1999 OCS Activities NPRM 
referred to the forerunner of this section. One said we should not 
require systems to be approved, because the Coast Guard has no system 
approval process. This is not correct. Fire extinguishing equipment is 
approved by the Coast Guard under its ``approval series'' process, e.g. 
approval series 162.036 for fixed carbon dioxide fire extinguishing 
systems and approval series 162.162 for engineered inert gas fire 
extinguishing systems. This commenter also said that fixed systems to 
cover smaller galley ranges would be overkill and that we should set a 
minimum size in paragraph (b). We think ranges of any size pose a 
hazard that should be addressed by a fixed system and therefore we are 
retaining this requirement. The second commenter implied that we should 
include references to fire protection requirements for crude oil and 
flammable liquids with low flash points. We believe the section as 
revised provides adequate guidance, but applicants can consult with the 
Coast Guard if they need additional information about protection 
against specific hazards.

[[Page 739]]

    Sec.  149.415. We revised this section in keeping with our overall 
approach in this temporary interim rule, aligning manned deepwater port 
fire main system requirements with the 46 CFR part 108 requirements for 
such systems on mobile offshore drilling units.
    Sec.  149.418. We revised this section in keeping with our overall 
approach in this temporary interim rule, removing several prescriptive 
elements contained in the 1999 OCS Activities NPRM.
    Sec.  149.419. One commenter on the 1999 OCS Activities NPRM asked 
us to allow chemical firefighting systems in addition to water-based 
systems. We agree that chemical firefighting systems are important and 
have added this section, which mandates dry chemical systems.
    Sec. Sec.  149.420, 149.422. One commenter on the 1999 OCS 
Activities NPRM's forerunners to these sections asked us to grandfather 
their provisions. We do not address that request in this rulemaking 
because the only existing deepwater port is already considered to be in 
compliance with the temporary interim rule, and therefore 
grandfathering is not a relevant concern for deepwater ports.
    Subpart E (Sec.  149.500 et seq.). One commenter noted that the 
Aids to Navigation (ATON) provisions contained in the 2002 NPRM may be 
unsuitable for future deepwater ports whose structures and platforms 
are not all located above the surface. We agree and have revised this 
subpart accordingly.
    Sec. Sec.  149.520 through 149.565. We have revised these sections, 
simplifying them wherever possible by referencing 33 CFR part 67 (Aids 
to Navigation on Artificial Islands and Fixed Structures) which we 
believe provides adequate guidance.
    Sec.  149.535. Although other sections in this subpart have been 
eliminated or revised (see the general comment for Subpart E, above), 
we have retained this section's requirements for a rotating beacon to 
distinguish the deepwater port from other offshore facilities.
    Sec.  149.540. One commenter recommended waiving ATON requirements 
for a simplified port structure consisting of submerged components. We 
have amended this section accordingly. We also added paragraph (c) and 
made other changes pertaining to submerged turret loading (STL) 
deepwater ports, which were not contemplated when we issued the 2002 
NPRM.
    Sec.  149.550. To aid in streamlining these rules, we revised this 
section to require compliance with the ``Navigation Rules'' that 
specifically address these lights.
    Sec.  149.570. We revised this section to include requirements for 
identifying single point moorings and submerged turret loading buoys, 
which are potential features of future deepwater ports.
    Sec.  149.580. Because future deepwater ports may not have pumping 
structures, we reworded this section so that the radar beacon is placed 
on the port's highest fixed structure.
    Sec.  149.585. One commenter recommended requiring the sounding of 
a fog signal only when the visibility is considerably less than the 
present 5 nautical miles. This requirement, for a Class ``A'' structure 
such as a deepwater port, is set by 33 CFR 67.20-10(b); hence the 
comment is outside the scope of this rulemaking. We substituted 
``sound'' signal for ``fog'' signal in this section to be consistent 
with international terminology.
    Sec. Sec.  149.615 and 149.620. One commenter suggested that 
initial design phase construction drawings and specifications be sent 
to the Marine Safety Center (MSC) rather than to the Commandant (G-M). 
For administrative reasons, these drawings and specifications should 
come to the Commandant (G-M). Upon receipt, a copy of the application 
and all attachments are sent to the Marine Safety Center. We have 
revised 149.620 to state that the Commandant (G-M) may engage or work 
cooperatively with MSC in evaluating technical matters.
    Sec.  149.620. One commenter recommended that an applicant-selected 
classification society review and approve engineering and technical 
specifications for a deepwater port concept. The Coast Guard would 
review firefighting and lifesaving plans. Various classification 
societies have recently published guidelines for offshore LNG 
terminals. The Coast Guard will review and may accept class society 
guidelines as a basis for a particular port's design, but until we have 
completed a review and analysis of these guidelines, we are not 
prepared to accept them for approval standards. Once the guidelines 
have been reviewed the role of classification societies in the review 
or approval of deepwater port plans will be determined.
    Sec.  149.625. Five commenters asked us to modify this section as 
it appeared in the 2002 NPRM, to allow the use of a greater range of 
standards. In keeping with the overall approach we have taken in the 
temporary interim rule, paragraph (a) now defines the performance we 
expect and allows each applicant to determine how best to achieve that 
performance. We neither prescribe nor preclude the use of industry or 
other outside standards.
    Sec.  149.630. We deleted this section as unnecessary. Its 
substance is incorporated in Sec. Sec.  149.640 and 149.641.
    Sec.  149.641. One commenter on the 1999 OCS Activities NPRM was 
confused by our use of the term ``accommodation spaces'' in a 
forerunner to this section. We think the distinction between 
accommodation modules and the spaces they contain is clear from the 
definitions included in Sec.  149.5. The commenter said we should limit 
our requirements to the location of accommodation spaces and modules, 
avoiding requirements on design (such as providing protection from 
blast effects) that were detailed elsewhere in the 1999 NPRM. We have 
not carried over those detailed design requirements to this temporary 
interim rule, and think this section properly addresses design 
considerations for deepwater ports. The commenter said our reference to 
hazardous or toxic substances in the forerunner to (b)(2) was unduly 
vague. Hazardous or toxic substances are those that could harm the 
health of a person in an accommodation space or module. Specific 
substances vary depending on the nature of the facility. Ports can also 
comply with (b)(2) by satisfying the alternative provisions now 
provided in paragraph (c). The commenter suggested deleting a reference 
to ``hydrogen sulfide'' in the forerunner to (b)(2); we agree that this 
specific Minerals Management Service-derived requirement is only needed 
where gas is expected to be present, and made the deletion for this 
temporary interim rule.
    Sec.  149.650. We have revised this section to address novel or 
innovative engineering design, one of DPMA's key objectives.
    Sec.  149.660. We adjusted the length of the continuous period 
required in (a), from 8 hours to 18 hours. The longer period is 
consistent with the requirements for non-passenger vessels on 
international voyages that are defined in 46 CFR 112.05-5, which was 
first promulgated several years after the original deepwater port 
regulations were issued in 1975.
    Sec. Sec.  149.690 through 149.692. One commenter suggested 
decoupling the provisions for means of escape from the 1999 OCS 
Activities NPRM, and said we should retain the existing (``old'') part 
149 requirements. We have carefully reviewed the 1999 NPRM, adopting 
and adapting its proposals to the Deepwater Ports context. We believe 
that this approach is superior to continued reliance on our 1975 
regulations.
    One commenter on the 1999 OCS Activities NPRM said we should revise

[[Page 740]]

the forerunner to 149.691 (d) so that unmanned facilities can 
substitute one or more secondary means of escape for a primary means of 
escape. Section 149.692 (e)(2) of this temporary interim rule 
accomplishes what the commenter requested. We also clarify that the 
secondary means of escape must be located in work areas.
    Sec.  149.693. One commenter on the 1999 OCS Activities NPRM 
objected to NPRM's requirement that each deepwater port have at least 
two personnel landings. We agree that the requirement should be 
modified, and have revised this section so that it generally follows 
current 33 CFR 143.105.
    Sec.  149.694. One commenter on the 1999 OCS Activities NPRM asked 
us to consider adding ``horizontal work surfaces'' to the ``decks'' 
covered by a forerunner to this section. As part of our overall 
updating of this section, we included a reference to 33 CFR 143.110 
which covers ``floors'' as well as decks. We think this addresses the 
commenter's concern.
    Sec.  149.696. We revised this section as it appeared in the 1999 
OCS Activities NPRM by substituting a reference to 46 CFR 108.235 for 
the NPRM's more detailed specifications; we believe the referenced 
statute provides adequate guidance and that this approach is in keeping 
with our overall goal of updating deepwater port regulations.
    Sec.  149.697. Five commenters addressed the forerunners to this 
section that appeared in the 1999 OCS Activities NPRM. Two made 
comments directed to the specific wording of those forerunners, which 
they believed affected substance; our general approach to industry 
standards, explained above, addresses one of these comments, and minor 
rewordings make the other comments irrelevant to this temporary interim 
rule. One commenter said the section should not apply to offshore 
supply vessels; OSVs are not covered by this temporary interim rule so 
we are not addressing that comment at this time. One commenter favored 
an 87 decibel threshold in order to screen out noises of little 
concern, and favored deleting the time weighted average. This commenter 
also said that a new survey should be triggered by the placement of 
equipment near, as well as in, an affected space. Triggering events for 
new surveys were detailed in the 1999 NPRM, but our performance-based 
temporary interim rule reserves this issue for treatment in each port's 
operations manual (see Sec.  150.15(o)). Although the 1999 NPRM used an 
87 decibel figure, we have lowered this to 85 decibels, for consistency 
with 46 CFR 58.01-50 and IMO Resolution A.468(XII). We also are 
retaining the time weighted average because that methodology is 
consistent with those authorities. The fifth commenter said we should 
require noise surveys only in marginal areas where it is not clear 
whether noise could be a problem, and favored simplifying signage 
requirements for high-noise areas. We have revised the requirements 
that appeared in the 1999 OCS so that the operator can specify the 
survey methodology it chooses. We believe the wording presently 
required for signage meets the commenter's desire for simplicity.
    Sec.  150.10. One commenter asked us to protect certain critical 
information in the operations manual from disclosure under the Freedom 
of Information Act. Although the draft manual submitted with an 
application is placed in the public docket, where it is subject to the 
procedural protections afforded by part 148, subpart C, the detailed 
operations manual required before a port begins operations is reviewed 
exclusively within the Coast Guard and is not made public. Another 
commenter said the local COTP should approve the operations manual 
before it is reviewed by the Commandant (G-M). We believe consistency 
requires review to take place at the Commandant (G-M) level, but this 
section indicates that the Commandant (G-M) may consult with the local 
Officer in Charge, Marine Inspections (OCMI). One commenter asked 
whether we would allow a grace period for the operator of the one 
existing deepwater port to prepare an operations manual that conforms 
to this temporary interim rule. We consider the existing deepwater port 
to be in compliance with this rule, so that subsequent changes to that 
port's operations manual will be governed by paragraph (c) of this 
section.
    Sec.  150.15. Several commenters recommended that we amend these 
rules to be less prescriptive and more performance-based, in the spirit 
of the Deepwater Port Modernization Act of 1996. They specifically 
requested that the NPRM's detailed requirements for personnel 
qualifications, port communications, vessel operations, cargo transfer 
operations, emergency procedures, etc., be eliminated in favor of a 
general requirement that these topics be addressed by the applicant in 
the port operations manual required by this section. Now that deepwater 
ports may include natural gas facilities, we anticipate much greater 
variety in their operating requirements, and we think it is appropriate 
to give operators flexibility in planning for how they will address 
those requirements. Accordingly we have eliminated numerous specific 
provisions that appeared throughout part 150 in the NPRM. Now, the 
operations manual will be the vehicle for describing how a port will 
meet the standards set for each topic. In order to accommodate this 
change in approach, we have regrouped and expanded the language of this 
section; see for instance paragraphs (j), (k), (l), (o), (p), (q), (s), 
(t), (u), (v), (x), and (y).
    Sec.  150.15(c). One commenter said we should clarify engineering 
and construction specifications that must be met prior to licensing, 
and indicate that certain specifications can be provided as post-
licensing conditions. We believe the revised language of this section 
furnishes adequate guidance as to what needs to be in the operations 
manual. We added the second and third sentences because schematics are 
critical to our understanding of engineering and construction 
information.
    Sec.  150.15(d). One commenter said we should require a deepwater 
port to maintain radio communications with helicopters transiting the 
safety zone. We agree that each port should describe its procedures for 
maintaining communication with nearby aircraft and have revised this 
paragraph accordingly.
    Sec.  150.15(h). One commenter recommended that vessel squat be 
factored when determining certain net under-keel clearances (UKC). 
Although vessel squat is not explicitly mentioned in this paragraph, 
and it's likely to have negligible impact, we expect it to be included 
in figuring net UKC and to be shown in supporting documentation.
    Sec.  150.15(i). One commenter said that, in addition to the tanker 
navigation procedures discussed in this paragraph, we should require a 
port to ``vet'' calling tankers for compliance with safety and 
environmental standards. We think this is a common practice in the 
energy industry, but decline to specify a vetting requirement here. 
Tank ships are already subject to U.S. and international regulations. A 
separate requirement for deepwater port vessels would be redundant of 
those regulations and also of part 150's provisions for ensuring 
personnel safety, professional proficiency, and environmental 
integrity.
    Sec.  150.15(i)(7). Two commenters said the operations manual 
should define the deepwater port's weather limits. One said the manual 
needs to address the conditions for precautionary evacuation. We 
believe this paragraph meets these concerns.

[[Page 741]]

    Sec.  150.15(j). Three commenters supported moving various details 
of personnel titles and job descriptions to the operations manual. We 
believe this paragraph meets these concerns.
    Sec.  150.15(l). One commenter recommended that a Person in Charge 
(PIC) be required for cargo transfer operations, to align with the Oil 
and Hazardous Materials in Bulk and OCS regulations. The operations 
manual now must discuss site-specific qualifications for a PIC.
    Sec.  150.15(o). Four commenters addressed forerunners of this 
paragraph that appeared in the 1999 OCS Activities NPRM. One of these 
said the 1999 provisions impermissibly regulated workers rather than 
operators, and all four requested greater flexibility in our 
requirements for replacing worn personnel transfer nets. Because we 
have rewritten this section to provide deepwater port operators with 
flexibility in crafting their occupational health and safety training 
procedures, the specific language these commenters objected to does not 
appear in the temporary interim rule. One commenter asked us to use the 
term ``personnel transfer devices'' instead of ``personnel transfer 
nets.'' No reason was advanced in favor of the suggestion, though we 
note that another commenter on the 1999 NPRM remarked (also without 
explanation, and without referring to specific provisions of the 1999 
NPRM) that the use of swing ropes as a means of transfer between 
vessels and platforms on the outer continental shelf deserves more 
standardization and study. Due to the unspecific nature of these 
comments and because at this time we think ``nets'' is sufficiently 
clear, we are retaining that terminology in the temporary interim rule.
    Sec.  150.15(u). One commenter suggested that we require the 
operations manual to outline training requirements for emergency 
equipment operators. We have amended this paragraph accordingly.
    Sec.  150.15(v). One commenter supported inclusion in the 
operations manual of a deepwater port security plan, developed in 
collaboration with the Coast Guard. This paragraph furnishes guidance 
for preparing a deepwater port security plan, and we encourage 
collaboration in its development.
    Sec.  150.15(y). One commenter asked us not to require duplicative 
environmental monitoring in areas where monitoring already takes place 
in connection with other offshore activities. The operations manual can 
identify this sort of situation and prescribe only those monitoring 
measures that exceed those in use by other offshore facilities. Two 
commenters expressed concern over the ``open-ended'' nature of our 
requirements for environmental monitoring. We think the ongoing 
environmental monitoring outlined in paragraph (y) is important, but by 
allowing operators to set details of that monitoring in their 
operations manuals, we provide flexibility to address the concerns of 
these commenters.
    Sec.  150.20. We added the first sentence to eliminate possible 
confusion between the requirements for draft and final operations 
manuals.
    Sec. Sec.  150.25 through 150.45. We revised these sections because 
the OCMI, not the COTP, is the proper Coast Guard official for 
amendments to the operations manual.
    Sec.  150.30. Two commenters supported this section's approach in 
letting the COTP (now OCMI; see comment for Sec. Sec.  150.25 through 
150.45) approve amendments to the operations manual.
    Sec.  150.50. We revised this section to address the addition of 
natural gas facilities. A natural gas deepwater port that also stores 
oil in quantity must develop an oil response plan as well as a natural 
gas facility emergency plan.
    Sec.  150.100. One commenter said we should announce Coast Guard 
site inspections in advance and coordinate them with submission of the 
port's annual self-inspection report. As a regulatory agency, the Coast 
Guard reserves the right to conduct random, unannounced inspections to 
ensure facility compliance. However, this section does not require 
inspections. We have clarified this section to make clear that the OCMI 
may coordinate inspections with a port's annual self-inspection.
    Sec.  150.105. One commenter pointed out the NPRM's inadvertent 
omission of paragraph (b)'s requirement for an annual self-inspection 
report, and another commenter asked us to clarify how to report 
equipment failures. We have corrected the omission, and will develop a 
new form, CG-5432A, that can be used for reporting self-inspections.
    Sec.  150.110. At a commenter's suggestion, we added this section 
to reinstate requirements that appear in the 1975 regulations at 33 CFR 
150.119 and 150.121. We wish to clarify that applicants can use a 
classification society other than the American Bureau of Shipping, and 
that we allow interim certification of innovative single-point 
moorings.
    Subpart C (Sec.  150.200 et seq.). We streamlined this subpart by 
removing many detailed requirements that no longer reflect the variety 
of deepwater ports that may be anticipated. We expect port-specific 
details to be included in a port's operations manual. One commenter 
said this subpart should allow an applicant to work with the COTP in 
developing personnel requirements for the operations manual. Although 
we do not require such consultation, it is certainly appropriate and 
possible for an applicant to consult the COTP during this development.
    Subpart D (Sec.  150.300 et seq.). We have complied with several 
requests to deal with matters such as radar surveillance, 
communications between port and vessels, and safety zone navigation 
restrictions in the operations manual rather than in regulations, 
because, in general, we think this is port-specific information best 
handled in the operations manual. However, we retain certain vessel 
navigation requirements in 33 CFR part 150, subpart D, because they 
pertain to all deepwater ports.
    Sec.  150.305. We added this section because natural gas deepwater 
ports can be unmanned.
    Sec. Sec.  150.310, 150.320. We revised these sections to reflect 
the possibility of an unmanned natural gas deepwater port and to 
broaden their scope to include areas to be avoided in addition to 
safety zones, which are limited by international law to 500 meters.
    Sec.  150.325. We revised this section to reflect changes in the 
advance notice of arrival reporting requirements found in 33 CFR part 
160 and to include areas to be avoided in addition to safety zones, 
which are limited by international law to 500 meters.
    Sec. Sec.  150.330 through 150.350, 150.380. We revised these 
sections to include areas to be avoided in addition to safety zones, 
which are limited by international law to 500 meters.
    Sec. Sec.  150.365 through 150.375. We eliminated these three 
sections that appeared in the 2002 NPRM. Personnel titles and 
responsibilities now will be addressed by each operator in its 
operations manual.
    Sec.  150.385. We revised this section because personnel titles and 
responsibilities now will be addressed by each operator in its 
operations manual.
    Sec.  150.405. We reworded this section to reflect the addition of 
natural gas deepwater ports, and substituted the reference to 33 CFR 
149.650 in paragraph (b) for references to industry standards.
    Sec.  150.420. We revised this section in light of the addition of 
natural gas deepwater ports by referencing 33 CFR 127.405, and to 
reflect the treatment of

[[Page 742]]

maintenance and repair provisions in each port's operations manual.
    Sec.  150.425. Three commenters recommended transferring oil 
transfer procedures in this section to the operations manual. This is 
appropriate because these procedures are highly port-specific, and we 
have amended the section accordingly.
    Sec. Sec.  150.430, 150.435. One commenter said that the 2002 
NPRM's 150.430, concerning connections to vessels, was too 
prescriptive. We deleted those provisions from this temporary interim 
rule. The current versions of 150.430 and 150.435 were revised in light 
of the addition of natural gas deepwater ports and the increased role 
of the operations manual in defining personnel titles and 
responsibilities.
    Sec.  150.445. One commenter recommended deleting this section's 
requirement for displacing oil with water under certain conditions. We 
think it is important to retain the requirement, but a port may seek a 
waiver from the OCMI.
    Sec.  150.500. We reworded this section to indicate that Subpart 
F's focus is on specific operational subsets rather than on operations 
generally.
    Sec.  150.502. One commenter on the 2002 NPRM asked us to clarify 
whether repairs can be made without prior Coast Guard approval. 
Paragraph (f), which is based on the 1999 OCS Activities NPRM, explains 
that emergency repairs can be made without advance notification but 
that other repairs affecting the performance of lifesaving equipment 
must be preceded by notification. One commenter on the 1999 OCS 
Activities NPRM said that the forerunner to paragraph (e) should 
clarify that the operational lifeboats or rafts must be adequate to 
accommodate all persons on the deepwater port. We have retained the 
1999 wording because we think it is sufficiently clear and that any 
revision risks greater confusion.
    Sec.  150.503. Two commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. The first 
recommended a 4-year limit for survival craft falls under paragraph (c) 
instead of 5 years as provided for by the NPRM. This is consistent with 
Coast Guard rules for MODUs in 46 CFR 109.301 (j)(2), with IMO MODU 
Code 10.18.4, and with the requirements in SOLAS 74/83, chapter III, 
regulation 20.4.2, and we have revised the paragraph accordingly. The 
second commenter said we should lengthen inspection and replacement 
intervals because falls usually are located well above the wave zone. 
We think the 1999 NPRM intervals, as revised in (c), are required for 
safety and reflect the constant exposure of this equipment to the 
elements regardless of height above the wave zone.
    Sec.  150.505. One commenter on the 1999 OCS Activities NPRM said 
that service intervals should be not less than every 5 years. This 
section allows a port either to follow manufacturer recommendations for 
intervals, or to set its own intervals in its planned maintenance 
program. We expect ports to set appropriate intervals, with 
manufacturer recommendations in mind. Ports may, but need not, agree 
with the commenter's suggested interval.
    Sec.  150.514. One commenter on the 1999 OCS Activities NPRM's 
forerunner to this section said it needed to clarify that batteries 
should be replaced if their marked expiration date has passed. We have 
revised this section to make that point clearer.
    Sec.  150.515. One commenter on the 1999 OCS Activities NPRM, 
apparently in reference to the forerunner of this section, suggested 
that monthly testing is excessive. We will not address the substance of 
this comment at this time, because neither the 1999 NPRM nor the 
temporary interim rule explicitly calls for monthly testing.
    Sec.  150.517. Two commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. The first said 
that the ``person familiar'' should be the manufacturer's 
representative. The second said we should omit the requirement for the 
test supervisor's attestation. Manufacturer's representatives can be 
qualified to supervise tests, but we see no need to limit the pool of 
test supervisors to those persons. However, we retain the attestation 
requirement because it helps ensure that tests are supervised by 
persons with a proper degree of familiarity.
    Sec.  150.518. One commenter on the 1999 OCS Activities NPRM 
advocated removing the requirement that a work vest, if no longer 
serviceable, be destroyed in the presence of a Coast Guard inspector. 
We have revised this section accordingly. We also reworded paragraph 
(a) to clarify that inspection by the owner or operator is mandatory.
    Sec.  150.519. One commenter on the 1999 OCS Activities NPRM said 
weekly testing under paragraph (a) is excessive and that monthly tests 
would suffice. We have retained the weekly requirement because it is 
similar to the requirements for MODUs and cargo vessels in 46 CFR 
109.211 (a)(1) and 46 CFR 97.15-30 (a). Conditions on deepwater ports 
are not sufficiently different to justify lesser frequency.
    Sec.  150.520. One commenter on the 1999 OCS Activities NPRM said 
we should omit the requirement for testing fire extinguishers because 
the discharge needed for testing would destroy the device's usefulness 
pending recharging. We agree this is not the intended result, and have 
revised this section. It now cross references 46 CFR 31.10-18, which 
provides test methodologies adapted to the nature of different devices.
    Sec.  150.555. One commenter said our rule should specify equipment 
standards for cranes. This new section ties the operation, maintenance, 
and testing of cranes to 46 CFR part 109.
    Sec.  150.601. One commenter on the 1999 OCS Activities NPRM 
suggested we use ``hazardous conditions'' in place of ``hazards,'' 
because an operator can control conditions without necessarily 
eliminating hazards. Although the NPRM defined ``hazards'' so that only 
``hazardous conditions'' were meant, in the interest of clarity we have 
revised this section to use the commenter's desired language. Another 
commenter on the 1999 NPRM said that the forerunner to this section 
improperly placed an employment-related duty on a ``holder of a lease 
or permit'' rather than on the employer. In the context of deepwater 
ports, we believe the port operator is the proper person to regulate 
and have worded this section accordingly.
    Sec.  150.602. Two commenters on the 2002 NPRM supported our 
proposal for allowing voluntary safety and environmental management 
programs (SEMP) as an alternative to certain regulations on workplace 
safety and health, and a third commenter said we should make SEMP 
mandatory. We continue to see SEMP as a voluntary alternative and have 
added the second paragraph accordingly. One commenter on the 1999 OCS 
Activities NPRM reiterated its comment to the forerunner of 150.601, 
concerning employment-related duties, and we have revised this section 
as we revised 150.601.
    Sec.  150.603. Five commenters addressed the forerunner to this 
section that appeared in the 1999 OCS Activities NPRM. One said it 
should not apply to offshore supply vessels (OSVs). OSVs are not 
covered by this temporary interim rule so we do not address that 
comment at this time. The four other commenters all said training 
requirements should be limited to basic safety training, and whatever 
is needed for the safety of others and performance of assigned duties, 
or else requested similar limiting language. In keeping

[[Page 743]]

with this rulemaking's general approach, this section now requires 
training to be addressed in each port's operations manual.
    Sec.  150.607. We reworded paragraph (b) to clarify that machinery 
and equipment must be either kept in proper working order or removed 
from the port.
    Sec.  150.608. One commenter on the 1999 OCS Activities NPRM said 
that the forerunner to this section improperly placed an employment-
related duty on a ``holder of a lease or permit'' rather than on the 
employer. In the context of deepwater ports, we believe the port 
operator is the proper person to regulate and have worded this section 
accordingly.
    Sec.  150.609. Four commenters on the 1999 OCS Activities NPRM 
addressed the forerunner to this section. Three of these criticized the 
requirement that eye and face protectors carry informational markings, 
because markings eventually wear out. The temporary interim rule aligns 
our requirements with those of the Occupational Safety and Health 
Administration (OSHA) which are widely used in industry; we consider 
them sufficient for the deepwater port context. One commenter said the 
forerunner version regulated workers rather than operators. We have 
reworded this section to clarify that it is the operator that is being 
regulated. One commenter suggested reference to latest available 
standards; instead, we now require compliance with 29 CFR 1910.133, 
which should furnish the commenter with ample current guidance.
    Sec.  150.610. One commenter on the 1999 OCS Activities NPRM asked 
that we delete the requirement that emergency equipment be positioned 
near the drill floor and in mudrooms. The revised language of this 
section continues to require positioning ``where there is a reasonable 
probability that eye injury may occur'' but, due to the expected 
variation in deepwater port design, our rule neither prescribes nor 
precludes which areas will meet that standard.
    Sec.  150.611. One commenter on the 1999 OCS Activities NPRM said 
the forerunner to this section regulated workers rather than operators. 
We have reworded the section to clarify that it is the operator that is 
being regulated. Another commenter on the 1999 NPRM recommended that we 
set a ``reasonable probability'' standard for applying this section. 
That standard is used in 150.610 and 150.612 and we have revised this 
section to use that standard as well.
    Sec.  150.612. Four commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. One said it 
regulated the worker rather than the operator. To prevent confusion on 
that count we have reworded the section. Three commenters criticized 
the requirement that footwear carry informational markings, because 
markings eventually wear out. The temporary interim rule aligns our 
requirements with OSHA's, which are widely used in industry; we 
consider them sufficient for the deepwater port context. Two commenters 
asked for other substantive changes in the requirement that are no 
longer relevant in light of the new OSHA-referenced language.
    Sec.  150.613. Four commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. One said it 
regulated the worker rather than the operator while another joined the 
first commenter in pointing out that workers cannot tell if they are in 
a qualifying area unless it is posted; we reworded the section to 
prevent confusion as to who is regulated. The second commenter also 
said a reference to 46 CFR is needed to prevent confusion or conflict 
with rules affecting machinery spaces on inspected vessels. We do not 
think confusion or conflict is likely and have not referenced 46 CFR in 
this section. A third commenter favored lowering the 87-decibel limit 
provided in the NPRM to 83 decibels, while a fourth suggested removing 
references in the forerunner section to time weighted averages and 
specific industry standards. Our adoption of an 85-decibel limit and 
retention of time weighted averages is explained in the discussion of 
149.697 above. We have adopted the OSHA standard for this section 
because of its widespread use in industry.
    Sec.  150.614. Four commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. One said it 
regulated the worker rather than the operator; we reworded the section 
to prevent confusion as to who is regulated. Three commenters said that 
the 1999 NPRM improperly required protection for persons who may be in 
a hazardous area without actually being exposed to risk. A fourth 
commenter also objected to the 1999 language and asked that this 
section address only hazards routinely protected against by industry. 
We agree with all four commenters that, for deepwater ports, this 
section should address only persons who are actually exposed to risk, 
and we have reworded the section accordingly. We did not adopt the 
fourth commenter's suggestion because the section is meant to reach 
risks beyond those that are routinely protected against by industry.
    Sec.  150.615. Two commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. Both asked for 
clarifying language as to which lockout and tagging procedures must be 
observed; we agree that for deepwater ports conjunctive and not 
disjunctive language is appropriate and have made the necessary 
revision. One commenter said the 1999 NPRM regulated the worker rather 
than the operator; we reworded this section to prevent confusion as to 
who is regulated.
    Sec.  150.616. One commenter said the forerunner of this section 
that appeared in the 1999 OCS Activities NPRM improperly regulated the 
worker rather than the operator; we reworded the section to prevent 
confusion as to who is regulated. Another commenter on the 1999 NPRM 
said we should merely supply a ``general duty clause statement'' and 
pointed out that the 1999 tagout provisions applied only to electrical 
equipment. We believe the performance based language of the temporary 
interim rule addresses this commenter's first comment, and we reworded 
Sec. Sec.  150.616 and 150.617 to apply to electrical, hydraulic, 
mechanical, and pneumatic equipment.
    Sec.  150.617. Three commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. One said that it 
improperly regulated workers rather than operators; we reworded the 
section to prevent confusion as to who is regulated. This commenter 
also suggested that we require tags to conform to a specific industry 
standard. As discussed earlier, we are not ready to specify industry 
standards in this temporary interim rule. The second commenter said 
that the person who places the tag and the person who authorizes it 
should be identical. While this is generally the case, for operational 
flexibility we retain language from the 1999 NPRM that allows a tag to 
be removed by the person who placed it, as well as by that person's 
supervisor or by a relief person. The third commenter said we should 
merely supply a ``general duty clause statement'' and pointed out that 
the 1999 tagout provisions applied only to electrical equipment. We 
believe the performance based language of the temporary interim rule 
addresses this commenter's first comment, and we reworded Sec. Sec.  
150.616 and 150.617 to apply to electrical, hydraulic, mechanical, and 
pneumatic equipment.
    Sec.  150.618. Three commenters addressed the forerunners of this 
section

[[Page 744]]

that appeared in the 1999 OCS Activities NPRM. One said that the 1999 
language improperly regulated workers rather than operators; we 
reworded this section to prevent confusion as to who is regulated. This 
commenter also suggested that engineering controls be given precedence 
over other measures for keeping exposure within permissible limits. We 
decline to adopt that suggestion because this temporary interim rule 
gives the operator flexibility to determine how it will implement 
measures that this section requires. The other commenters said that the 
forerunner to paragraph (a) should be broadened to cite references, 
other than material safety data sheets, that define permissible 
exposure. Our revision of (a) provides a broader basis for determining 
permissible exposure.
    Sec.  150.619. Six commenters addressed the forerunners of this 
section that appeared in the 1999 OCS Activities NPRM. Two commenters 
said they were inapplicable to offshore supply vessels (OSVs), and two 
commenters remarked on a possible conflict with other provisions 
affecting inspected vessels. This temporary interim rule does not 
pertain to OSVs or inspected vessels so we do not address these 
comments at this time. One commenter said the 1999 NPRM regulated the 
worker rather than the operator; we reworded this section to prevent 
confusion as to who is regulated. Two commenters said that the 1.8 
meter limit provided by this section unjustifiably sets a more 
stringent standard than the present 10 foot limit in 33 CFR 142.42. We 
adopted the new limit for consistency with OSHA standards (see 29 CFR 
1926.501(b)(1)). One commenter objected that the 1999 language required 
the use of fall arrests even when there is no hazard of falling. The 
revised section clearly targets ``risks of falling.'' Three commenters 
suggested changes in the 1999 provisions regarding the reuse of 
personal fall arrest systems. We have revised this section to remove 
conditions required for reuse. The operations manual discussion of 
maintenance procedures will need to show how a system is maintained in 
good working condition once it has been used. One commenter found our 
use of the phrase ``irregular surfaces'' to be vague. Due to the 
variation we expect in the design of deepwater ports, we have not 
attempted a more precise definition, but the degree to which a 
surface's irregularity presents a risk can be estimated by comparing 
the likely impact of a fall onto such a surface with the likely impact 
of other falls mentioned in the section, i.e., falls onto exposed 
moving components, electrically energized cables or connectors, or 
water. One commenter said the Coast Guard cannot effectively regulate 
fall protection using the methods described in the 1999 NPRM, and 
favored substituting a ``general duty clause'' requiring employers to 
develop fall protection programs in keeping with applicable industry 
standards and specific deepwater port needs. We have revised the 1999 
NPRM's language so that the temporary interim rule is less prescriptive 
and gives operators more flexibility in determining how to protect 
personnel from falls. One commenter asked us to consider requiring 
protective measures to prevent slipping in any area that is frequently 
wet. As revised, the temporary interim rule requires operators to take 
measures to control the risk of falling, tripping, or slipping due to 
loose material or wet conditions, including spills.
    Sec.  150.620. Two commenters addressed the forerunners of this 
section that appeared in the 1999 OCS Activities NPRM. One said that 
the 1999 language improperly regulated workers rather than operators; 
we reworded this section to prevent confusion as to who is regulated. 
The other said this section should exempt rotating drilling equipment 
because proper safety training is more effective than machine guards. 
For the deepwater port context, we believe the revised wording of this 
section gives operators sufficient flexibility in how they provide 
adequate protection.
    Sec.  150.621. Four commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. Three commenters 
suggested referencing an industry standard; as explained earlier we are 
not ready to include industry standards in this temporary interim rule. 
Two commenters said the 1999 language required tagout of slings but did 
not detail instructions for tagout. As revised, this section now 
references 29 CFR 1910.184, which describes the information needed when 
tagging defective slings. Two commenters said that the size and grade 
information we called for in 1999 is irrelevant. We have revised this 
section accordingly. One commenter said our rule should merely provide 
a general duty statement, and that current industry standards allow 
slings to sustain some damage before they are replaced. This section as 
revised is general in its terms, and the regulation it references (29 
CFR 1910.184) provides clear guidance as to the type of damage 
necessitating immediate removal of a sling from service.
    Sec.  150.622. Two commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. Both commenters 
objected to referencing electrical tagout requirements in a way that 
implied broader applicability. For deepwater ports, we think our 
intention for warning signs is adequately met by referencing OSHA 
regulations at 29 CFR 1910.144 and 1910.145, and thus we have deleted 
the objectionable language. One commenter asked us to reference 
industry standards. As explained earlier, we are not ready to reference 
specific industry standards in this temporary interim rule. The second 
commenter asked us to grandfather existing signs. Because the only 
existing deepwater port is in compliance with this temporary interim 
rule, grandfathering is not pertinent in the deepwater port context.
    Sec.  150.623. One commenter on the 2002 NPRM said that the 
incorporation by reference of 1999 OCS Activities NPRM provisions meant 
that operators had to insure the presence of intermediate level 
emergency medical technicians during confined space entry operations, 
and objected to that requirement. In keeping with our overall 
performance-based approach to this temporary interim rule, we now 
require that the operator address in its operations manual any 
personnel issues related to confined space entry operations.
    Ten commenters addressed the forerunners of this section that 
appeared in the 1999 OCS Activities NPRM. Seven commenters said all or 
substantial portions of our confined space safety proposals were 
excessive or unnecessary and should be replaced with industry 
standards; one commenter said the 1999 proposals would significantly 
increase the regulatory burden on industry with no improvement in and 
possible degradation to safety performance. We disagree with these 
comments. As noted in the 1999 NPRM at 64 FR 68430, a National Offshore 
Safety Advisory Committee (NOSAC) working group recommended that OCS 
activities rules cover work in confined spaces, and be based on 
Occupational Safety and Health Administration (OSHA) rules in 29 CFR 
1910.146, 29 CFR part 1915, and on 46 CFR subpart 91.50. We 
substantially consolidated and reworded the 1999 confined space 
provisions in the interest of providing deepwater port operators with 
increased flexibility. This eliminated the specific requirements that 
some of these commenters found objectionable. Nevertheless, we continue 
to follow the

[[Page 745]]

NOSAC recommendation and require port operators to structure their 
confined space safety programs consistently with OSHA standards. One 
commenter said these provisions should be inapplicable to offshore 
supply vessels, while another said these provisions were inadequate to 
protect workers on OSVs. This temporary interim rule does not apply to 
OSVs so we do not address these comments at this time. Three commenters 
requested changes in specific requirements that have been eliminated 
from this temporary interim rule in keeping with our performance based 
approach for deepwater ports.
    Sec.  150.624. Three commenters addressed the forerunner of this 
section that appeared in the 1999 OCS Activities NPRM. One said it was 
inapplicable to offshore supply vessels. This temporary interim rule 
does not apply to OSVs so we do not address that comment at this time. 
The second commenter asked us to clarify when protective measures must 
be taken so that training programs could be tailored accordingly, and 
the third commenter suggested we add more detailed guidelines and 
procedures. We have revised this section so that it references an OSHA 
rule, 29 CFR 1910.1030, which provides detailed guidance for making 
exposure determinations and for protective measures, and which should 
address these commenters' concerns.
    Sec.  150.715(b). We amended this paragraph relative to single-
point moorings, in order to avoid confusing the treatment appropriate 
for conventional (surface) single-point moorings with the treatment of 
submerged turret-loading system buoys.
    Sec.  150.720. We reworded this section for clarity.
    Sec.  150.805. We revised the point-of-contact from the Commandant 
(G-M) to the OCMI because any site inspection will take place at the 
local level.
    Sec.  150.815. We revised the description of personal injuries that 
require filing a casualty report to better align the requirements for 
deepwater ports with those for reporting marine casualties on vessels 
under 46 CFR 4.05-1.
    Sec.  150.820. We changed the time for filing a written report from 
10 days to 5 days, better aligning this section with the requirements 
for vessel marine casualty reports in 46 CFR 4.05-10.
    Sec.  150.845. We removed specific positions from this section 
because such port-specific information will now be specified in the 
operations manual.
    Subpart J (Sec.  150.900 et seq.). We broadened these sections to 
include no-anchoring areas and areas to be avoided, because 
international law limits safety zones to 500 meters. We anticipate that 
deepwater ports may want to establish larger zones in which traffic can 
be made safe, through advisory if not mandatory means.

Regulatory Evaluation

    This temporary interim rule is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order. The Office of 
Management and Budget has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We expect the economic impact of 
this temporary interim rule to be so minimal that a full Regulatory 
Evaluation is unnecessary.
    The Coast Guard is revising the regulations governing deepwater 
ports. They were written at a time when no deepwater ports existed on 
which to base regulations. Furthermore, the 1975 regulations applied 
only to deepwater ports that handle oil. This temporary interim rule is 
necessary to update the regulations with current technology, industry 
standards, and to incorporate recent statutory changes adding natural 
gas to the Deepwater Port Act. It will also align deepwater port 
regulations with relevant safety regulations that have been proposed 
for other fixed offshore facilities regulated under 33 CFR Subchapter 
N.
    We expect the costs of this temporary interim rule to have a 
nominal effect on the owners and operators of deepwater ports. 
Currently, there is only one licensed and operating deepwater port, the 
Louisiana Offshore Oil Port (LOOP). We consider LOOP to be in 
compliance with the provisions of this rule. LOOP represents industry 
standards for deepwater ports, aside from some operating and 
firefighting differences relevant to natural gas deepwater ports and 
small unmanned deepwater ports.
    Based upon discussion with industry, we anticipate fewer than 10 
deepwater ports will be licensed and operating within the next 10 
years. We expect that these new entrants will follow existing industry 
standards and, therefore, will incur at most the same costs as the 
existing compliant deepwater port. We assume that no deepwater port 
will be larger or more extensive than LOOP, and therefore none will 
incur any additional costs. We also assume that the design and 
construction of new deepwater ports (manned or, to the extent 
applicable, unmanned) will follow the industry standard for manned 
deepwater ports.
    The temporary interim rule is also consistent with the deepwater 
port industry's request to have its regulations aligned with the 
current industry standards and future OCS regulations. Hence, the 
benefits are the result of updating and removing any regulations that 
are obsolete or unnecessary.
    We expect no new collection of information burden to be placed on 
the affected entities because industry is already compliant with safety 
and training reporting activities. The Coast Guard considers that the 
reporting requirements established by current industry practice will 
aid its ability to enforce regulations, thereby promoting the safety of 
life and property on deepwater ports. Furthermore, by recording 
training and safety inspection information, deepwater ports will 
increase their own safety level by improving accident readiness, noise 
level awareness, and lifesaving equipment preparation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary interim rule will have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    There is one entity composed of large multinational corporate 
owners that operates the existing deepwater port, LOOP. The North 
American Industry Classification System (NAICS) code for LOOP is 
488320, Marine Cargo Handling. According to the Small Business 
Administration's definition, a company with this NAICS code and earning 
revenue less than $18.5 million per year is considered a small entity. 
LOOP does not qualify as a small entity because its gross revenue 
exceeds $18.5 million. We assume that new industry entrants will be 
comparable in size to LOOP with large corporate ownership and, thus, 
will not be small businesses.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this temporary interim rule will not have a significant economic impact 
on a substantial number of small entities. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule will have a significant economic impact 
on it, please submit a comment to the Docket Management

[[Page 746]]

Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary interim rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Robert Spears, 
Project Development Division (G-MSR-2), telephone 202-267-1099, fax 
202-267-4547.

Collection of Information

    This temporary interim rule calls for no new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this temporary 
interim rule under that Order and have determined that it does not have 
implications for federalism. This rule applies to deepwater ports only 
in waters beyond the territorial limits of the United States (33 U.S.C. 
1501(a)(1)). As regulation of these deepwater ports is beyond State 
seaward boundaries, this rule will not preempt State law.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this temporary interim rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Indian Tribal Governments

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

Energy Effects

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Environment

    We have considered the environmental impact of this temporary 
interim rule and concluded that, under figure 2-1, paragraphs (34)(a), 
(c), (e), and (i), of Commandant Instruction M16475.lD, this rule is 
categorically excluded from further environmental documentation. The 
environmental impact associated with requiring additional equipment, 
training, safety inspections and recordkeeping under this rule will 
have an insignificant impact on the environment and will benefit the 
environment by requiring safe operations of deepwater ports. The 
environmental impact of each deepwater port applicant is assessed under 
the licensing process. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 148

    Administrative practice and procedure, Environmental protection, 
Harbors, Petroleum.

33 CFR Part 149

    Fire prevention, Harbors, Marine safety, Navigation (water), 
Occupational safety and health, Oil pollution.

33 CFR Part 150

    Harbors, Marine safety, Navigation (water), Occupational safety and 
health, Oil pollution, Reporting and recordkeeping requirements.

0
For the reasons discussed in the preamble, the Coast Guard revises 33 
CFR chapter I, subchapter NN, as follows:

SUBCHAPTER NN--DEEPWATER PORTS

PART 148--DEEPWATER PORTS: GENERAL

Subpart A--General
Sec.
148.1 What is the purpose of this subchapter?
148.2 Who is responsible for carrying out this subchapter?
148.3 What Federal agencies are responsible for carrying out the 
Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
Subpart B--Application for a License
148.100 What is the purpose of this subpart?
148.105 What must I include in my application?
148.107 What additional information may be required?
148.108 What if a Federal or State agency or other interested party 
requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send and where 
must I send them?
148.125 What are the application fees?
Subpart C--Processing Applications

General

148.200 What is the purpose of this subpart?
148.205 How are documents related to the application maintained?
148.207 How and where can I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?

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148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep draft channel and 
harbor?
148.217 How can a State be designated as an adjacent coastal State?
148.221 What must I do to make a claim or object to a claim?

Public Meetings

148.222 When must public meetings be held?
148.227 How is a public meeting reported?

Formal Hearings

148.228 What if a formal evidentiary hearing is necessary?
148.230 How is notice of a formal hearing given?
148.232 What are the rules for a formal hearing?
148.234 What are the limits of an administrative law judge's 
jurisdiction?
148.236 What authority does an administrative law judge have?
148.238 Who are the parties to a formal hearing?
148.240 How does a State or a person intervene in a formal hearing?
148.242 How does a person who is not a party to a formal hearing 
present evidence at the hearing?
148.244 Who must represent the parties at a formal hearing?
148.246 When is a document considered filed and where must it be 
filed?
148.248 What happens when a document does not contain all necessary 
information?
148.250 Who must be served before a document is filed?
148.252 What is the procedure for having a subpoena served?
148.254 How is a transcript of the hearing prepared?
148.256 What happens at the conclusion of a formal hearing?

Approval or Denial of the Application

148.276 When must the application be approved or denied?
148.277 How may Federal agencies and States participate in the 
application process?
148.279 What are the criteria for approval or denial of an 
application?
148.281 What happens when more than one application is submitted for 
an oil deepwater port for the same application area?
148.283 When is the application process stopped before the 
application is approved or denied?
Subpart D--Licenses
148.300 What does this subpart concern?
148.305 What is included in a deepwater port license?
148.307 Who may consult with the Commandant (G-M) on developing the 
conditions of a license?
148.310 How long does a license last?
148.315 How is a license amended, transferred, or reinstated?
148.320 How is a license enforced, suspended, or revoked?
Subpart E--Site Evaluation and Pre-Construction Testing
148.400 What does this subpart do?
148.405 What are the procedures for notifying the Commandant (G-M) 
of proposed site evaluation and pre-construction testing?
148.410 What are the conditions for conducting site evaluation and 
pre-construction testing?
148.415 When conducting site evaluation and pre-construction 
testing, what must be reported?
148.420 When may the Commandant (G-M) suspend or prohibit site 
evaluation or pre-construction testing?
Subpart F--Exemption From or Adjustments to Requirements in This 
Subchapter
148.500 What does this subpart do?
148.505 How do I apply for an exemption?
148.510 What happens when a petition for exemption involves the 
interests of an adjacent coastal State?
148.515 When is an exemption allowed?
148.600 What is the limit of financial liability?
148.605 How is the limit of liability determined?
Subpart G--Environmental Review Criteria for Deepwater Ports
148.700 How does the Deepwater Port Act interact with other Federal 
and State Laws?
148.702 How were the environmental review criteria developed?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in an environmental 
review and how will they be applied?
148.708 Must the applicant's proposal reflect potential regulations?
148.709 How are these criteria reviewed and revised?
148.710 What environmental conditions must be satisfied?
148.715 How is an environmental review conducted?
148.720 What are the siting criteria?
148.722 Should the construction plan incorporate best available 
technology and recommended industry practices?
148.725 What are the design, construction and operational criteria?
148.730 What are the land use and coastal zone management criteria?
148.735 What are other critical criteria that must be evaluated?
148.737 What environmental statutes must an applicant follow?

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).

Subpart A--General


Sec.  148.1  What is the purpose of this subchapter?

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


Sec.  148.2  Who is responsible for carrying out this subchapter?

    Unless otherwise specified, the owner of a deepwater port must 
ensure that the requirements of this subchapter are carried out at that 
port.


Sec.  148.3  What Federal agencies are responsible for carrying out the 
Deepwater Port Act?

    Under delegations from the Secretary of Homeland Security and the 
Secretary of Transportation, the Coast Guard and the Maritime 
Administration (MARAD) coordinate with each other in processing 
applications for the issuance, transfer, or amendment of a license for 
the construction and operation of a deepwater port. MARAD is 
responsible for issuing, revoking, and reinstating deepwater port 
licenses. MARAD also has authority over the approval of fees charged by 
adjacent coastal States and certain matters relating to international 
policy, civil actions, and suspension or termination of licenses. The 
Secretary of Transportation has delegated authority over pipeline 
matters to the Research and Special Programs Administration (RSPA).


Sec.  148.5  How are terms used in this subchapter defined?

    As used in this subchapter:
    Act means the Deepwater Port Act of 1974, as amended (33 U.S.C. 
1501-1524).
    Adjacent coastal State means any ``coastal State'' that
    (1) Would be directly connected by pipeline to a ``deepwater 
port'';
    (2) Would be located within 15 miles of a ``deepwater port''; or
    (3) Is designated as an ``adjacent coastal State'' by the 
Administrator of the Maritime Administration under 33 U.S.C. 
1508(a)(2).
    Administrator of the Maritime Administration means the Associate 
Administrator, Port, Intermodal and Environmental Activities, Maritime 
Administration, or that individual's authorized representative, at 400 
Seventh Street SW., Washington, DC 20590, telephone 202-366-4721.
    Affiliate means a ``person'':
    (1) That has an ownership interest, direct or indirect, of more 
than 3 percent in an ``applicant'';
    (2) That offers to finance, manage, construct, or operate the 
``applicant's'' ``deepwater port'' to any significant degree;
    (3) That owns or ``controls'' an ``applicant'' or an entity under 
paragraphs (1) or (2) of this definition; or

[[Page 748]]

    (4) That is owned or ``controlled'' by, or under common ownership 
with, an ``applicant'' or an entity under paragraphs (1), (2), or (3) 
of this definition.
    Applicant means a ``person'' that is the owner of a proposed 
deepwater port and that is applying for a license under this part for 
that port.
    Application means an application submitted under this part for a 
license to own, construct, and operate a deepwater port.
    Approval series means the first six digits of a number assigned by 
the Coast Guard to approved equipment. Where approval is based on a 
subpart of 46 CFR chapter I, subchapter Q, the approval series 
corresponds to the number of the subpart. A list of approved equipment, 
including all of the approval series, is available at http://cgmix.uscg.mil/Equipment.
    Approved means approved by the ``Commandant (G-M)''.
    Area to be avoided means a routing measure comprising an area 
within defined limits in which either navigation is particularly 
hazardous or it is exceptionally important to avoid casualties and 
which should be avoided by all ships or certain classes of ships. An 
area to be avoided may be either mandatory, where navigation is 
prohibited or subject to conditions imposed by competent authority, or 
recommendatory, in which ships should navigate with caution in light of 
the specially hazardous conditions presented. In either case, the 
nature of the area (whether mandatory or recommendatory) will be 
identified to mariners.
    Barrel means 42 U.S. gallons (159 liters) at atmospheric pressure 
and 60[deg] Fahrenheit (15.56[deg] Celsius).
    Captain of the Port or COTP means a Coast Guard officer who 
commands a Captain of the Port zone described in part 3 of this chapter 
and who is immediately responsible for enforcing port safety and 
security and marine environmental protection regulations within that 
area.
    Certified Industrial Hygienist means an industrial hygienist who is 
certified by the American Board of Industrial Hygiene.
    Certified Marine Chemist means a marine chemist who is certified by 
the National Fire Protection Association.
    Citizen of the United States means:
    (1) Any person who is a United States citizen by law, birth, or 
naturalization;
    (2) Any state, any agency of a State or a group of States; or
    (3) Any corporation, partnership, or other association:
    (i) That is organized under the laws of any State;
    (ii) Whose president, and chairman of the board of directors, and 
general partners or their equivalents, are persons described in 
paragraph (1) of this definition; and
    (iii) That has no more of its directors who are not persons 
described in paragraph (1) of this definition than constitute a 
minority of the number required for a quorum to conduct the business of 
the board of directors.
    Coastal environment means the coastal waters (including the lands 
in and under those waters), internal waters, and the adjacent 
shorelines (including waters in and under those shorelines). The term 
includes, but is not limited to, transitional and intertidal areas, 
bays, lagoons, salt marshes, estuaries, and beaches; fish, wildlife, 
and other living resources of those waters and lands; and the 
recreational and scenic values of those lands, waters, and resources.
    Coastal State means a State of the United States in or bordering on 
the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
    Commandant (G-M) means the Assistant Commandant for Marine Safety, 
Security and Environmental Protection, or that individual's authorized 
representative, at Commandant (G-M), U.S. Coast Guard, 2100 Second 
Street SW., Washington, DC 20593-0001.
    Confined space means a space that may contain a dangerous 
atmosphere, including a space that:
    (1) Has poor natural ventilation, such as a space with limited 
openings (e.g., cofferdam, double bottom tank); or
    (2) Is not designed for continuous occupancy by personnel.
    Construction means the supervising, inspection, actual building and 
all other activities incidental to the building, repairing, or 
expanding of a ``deepwater port'' or any of its components. The term 
includes, but is not limited to, fabrication, laying of pipe, pile 
driving and bulk heading and alterations, modifications, or additions 
to the ``deepwater port''.
    Control means the power, directly or indirectly, to determine the 
policy, business practices, or decision-making process of another 
``person'', whether by stock or other ownership interest, by 
representation on a board of directors or similar body, by contract or 
other agreement with stockholders or others, or by other means.
    Crude oil means a mixture of hydrocarbons that exist in the liquid 
phase in natural underground reservoirs and remains liquid at 
atmospheric pressure after passing through surface separating 
facilities and includes:
    (1) Liquids technically defined as crude oil;
    (2) Small amounts of hydrocarbons that exist in the gaseous phase 
in natural underground reservoirs but are liquid at atmospheric 
pressure after being recovered from oil well (casing head) gas in lease 
separators; and
    (3) Small amounts of non-hydrocarbons produced with the oil.
    Dangerous atmosphere means an atmosphere that may expose personnel 
to the risk of death, incapacitation, injury, or acute illness or may 
impair ability to escape from the atmosphere unaided.
    Deepwater port means any fixed or floating manmade structures other 
than a vessel, or any group of structures, located beyond State seaward 
boundaries and that are used or intended for use as a port or terminal 
for the transportation, storage, or further handling of oil or natural 
gas for transportation to any State, except as otherwise provided in 
the Deepwater Port Act of 1974, as amended, and for other uses not 
inconsistent with the purposes of that Act, including transportation of 
oil or natural gas from the United States outer continental shelf. The 
term includes all components and equipment, including pipelines, 
pumping stations, service platforms, buoys, mooring lines, and similar 
facilities to the extent they are located seaward of the high water 
mark. In the case of natural gas, the term includes all components and 
equipment, including pipelines, pumping or compressor stations, service 
platforms, buoys, mooring lines, and similar facilities which are 
proposed and/or approved for construction and operation as part of the 
deepwater port, to the extent that they are located seaward of the high 
water mark and do not include interconnecting facilities. A deepwater 
port shall be considered a ``new source'' for purposes of the Clean Air 
Act, as amended (42 U.S.C. 7401 et seq.), and the Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
    District Commander means an officer who commands a Coast Guard 
District described in part 3 of this chapter or that individual's 
authorized representative.
    Emergency medical technician (EMT) means a person trained and 
certified to appraise and initiate the administration of emergency care 
for victims of trauma or acute illness before or during transportation 
of the victims to a health care facility via ambulance, aircraft or 
vessel.

[[Page 749]]

    Engineering hydrographic survey means a detailed geological 
analysis of seabed soil samples performed to determine the physical 
composition (e.g., mineral content, etc.) and structural integrity for 
the installation of offshore components and structures.
    Governor means the Governor of a ``State'' or the ``person'' 
designated by State law to exercise the powers granted to the Governor 
under the Act.
    Gross under-keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is moored or anchored in 
calm water free of wind, current, or tide conditions that would cause 
the tanker to move.
    Hose string means the part of a ``single point mooring oil or 
natural gas transfer connection'' made out of flexible hose of the 
floating or float/sink type that connects the tanker's manifold to the 
``single point mooring''.
    Hot work means work that produces heat or fire, such as riveting, 
welding, burning, or other fire or spark producing operations.
    Lease block means an area established either by the Secretary of 
the Interior under section 5 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1334) or by a State under section 3 of the Submerged Lands 
Act (43 U.S.C. 1311).
    License means a license issued under this part to own, construct, 
and operate a deepwater port.
    Licensee means a citizen of the United States holding a valid 
license for the ownership, construction, and operation of a deepwater 
port that was issued, transferred, or renewed under this subchapter.
    Marine environment includes the ``coastal environment,'' waters of 
the contiguous zone, the exclusive economic zone, and the high seas; 
fish, wildlife, and other living resources of those waters; and the 
recreational and scenic values of those waters and resources.
    Marine site means the area in which the deepwater port is located, 
and includes the safety zone, attendant ships' routes, anchorages and 
all areas seaward of the high water mark in which associated components 
and equipment of the deepwater port are located.
    Maritime Administration (or MARAD) means the Administrator of the 
Maritime Administration or that person's designees.
    Metering platform means a manned or unmanned platform consisting of 
either a fixed or floating structure that serves as an interchange site 
for controlling the rate of transfer of natural gas from vessel to 
pipeline.
    Natural gas means either natural gas unmixed, or any mixture of 
natural or artificial gas, including compressed or liquefied natural 
gas.
    Net under-keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is underway, anchored, or 
moored and subject to actual wind, waves, current, and tide motion.
    No anchoring area means a routing measure comprising an area within 
defined limits where anchoring is unsafe, unstable, or particularly 
hazardous or could result in unacceptable damage to the marine 
environment. Anchoring should be avoided by all ships or certain 
classes of ships in a no anchoring area.
    Officer in Charge, Marine Inspection, or OCMI means an individual 
who commands a Marine Inspection Zone described in part 3 of this 
chapter and who is immediately responsible for the performance of 
duties with respect to inspections, enforcement, and administration of 
regulations governing a deepwater port.
    Offshore competent person means an individual trained and 
designated by his or her employer in matters relating to confined-space 
pre-entry testing and certification at a deepwater port, prior to 
entry. An offshore competent person should demonstrate proficiency in 
the following criteria--
    (1) Hazard description and recognition;
    (2) Hazard evaluation and measurement;
    (3) Hazard prevention;
    (4) Control and elimination; and
    (5) Practical application simulation.
    Oil means petroleum, crude oil, and any substance refined from 
petroleum or crude oil.
    Operator means the person who is licensed under 33 U.S.C. 1503 to 
own, construct, and operate a deepwater port, or that person's 
designee.
    Person means an individual, a public or private corporation, a 
partnership or other association, or a government entity.
    Personnel means individuals who are employed by licensees, 
operators, contractors, or subcontractors and who are on a deepwater 
port by reason of their employment.
    Pipeline end manifold means the pipeline end manifold at a ``single 
point mooring.''
    Platform means a fixed structure that rests on or is embedded in 
the seabed and that has floors or decks where an activity or specific 
function may be carried out.
    Pumping platform complex means a ``platform'' or a series of 
interconnected ``platforms'', exclusive of a deepwater port, consisting 
of one or more single point moorings (SPM) or submerged turret loading 
buoys (STL) that can pump oil or natural gas and that has one or more 
of the following features or capabilities:
    (1) Can handle the mooring and loading of small ``vessels'';
    (2) Has berthing and messing facilities; and
    (3) Has a landing area for helicopters.
    Reconnaissance hydrographic survey means a scientific study of 
fresh and salt-water bodies, currents and water content, cultural 
resources and seabed soils. A visual representation of the survey 
findings is normally depicted on a chart of the examined area.
    Routing measures means any system of one or more vessel routes or 
routing schemes aimed at reducing the risk of casualties. It includes 
traffic separation schemes, two-way routes, recommended tracks, areas 
to be avoided, inshore traffic zones, roundabouts, and deepwater 
routes.
    Safety zone means the safety zone established around a deepwater 
port under part 150, subpart J, of this chapter.
    Single point mooring (SPM) means an offshore berth that links an 
undersea pipeline to a tanker moored to the mooring and allows for the 
transfer of oil or natural gas between the tanker and the pipeline.
    Single point mooring-oil transfer system (SPM-OTS) or single point 
mooring-natural gas transfer system (SPM-NGTS) means the part of the 
oil or natural gas transfer system from the ``pipeline end manifold'' 
to the end of the ``hose string'' that connects to the tanker's 
manifold.
    State includes each of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and the 
territories and possessions of the United States.
    Support vessel means a vessel working for a licensee at a deepwater 
port or cleared by a licensee to service a tanker calling at a 
deepwater port, and includes a:
    (1) Tug;
    (2) Line-handling boat;
    (3) Crew boat;
    (4) Supply vessel;
    (5) Bunkering vessel;
    (6) Barge; or
    (7) Other similar vessel.
    Survival craft means a craft capable of sustaining the lives of 
persons in distress after abandoning a deepwater port. The term 
includes lifeboats, life rafts, buoyant apparatus, and survival 
capsules. The term does not include rescue boats, unless the rescue 
boats are also ``approved'' as lifeboats.

[[Page 750]]

    Tanker means a vessel that calls at a ``deepwater port'' to unload 
oil or natural gas.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of 
transportation on or through the water.

Subpart B--Application for a License


Sec.  148.100  What is the purpose of this subpart?

    This subpart describes how to apply for a license to own, 
construct, and operate a deepwater port.


Sec.  148.105  What must I include in my application?

    Your application must include the information required by 
paragraphs (a) through (cc) of this section.
    (a) For each applicant, affiliate, and consultant:
    (1) The name, address, telephone number, citizenship, and principal 
business activity of the applicant and its affiliates;
    (2) The name, address, and principal business activity of each 
subsidiary or division of the applicant or its affiliates that 
participated in the decision to apply for a license to build a 
deepwater port;
    (3) A description of how each affiliate is associated with the 
applicant and of the ownership interest each affiliate has in the 
applicant;
    (4) A list of corporate officers and directors of the applicant and 
each affiliate that participated in the decision to apply for a license 
to build a deepwater port;
    (5) A statement on the applicant's and each affiliate's history for 
the last 5 years, including:
    (i) Any bankruptcy filing, their dates, and statuses in the event 
the activity results in reorganization;
    (ii) Any violations of State or Federal laws; and
    (iii) Outstanding litigation that relates to, or could materially 
affect, information in the license application; and
    (6) A declaration regarding lobbying activities on behalf of either 
the applicant or an affiliate under 31 U.S.C. 1352.
    (b) Experience in matters relating to deepwater ports. (1) A 
description of the experience of the applicant, its affiliates, and its 
consultants in offshore operations, particularly operations involving 
the transfer and storage of liquid cargo and the loading and unloading 
of vessels.
    (2) For each affiliate with which the applicant has made a 
significant contract for the construction of any part of the deepwater 
port, a description of that affiliate's experience in construction of 
marine terminal facilities, offshore structures, underwater pipelines, 
and seabed foundations and a description of other experiences that 
would bear on the affiliate's qualification to participate in the 
construction of a deepwater port.
    (c) The identity of each engineering firm, if known, that will 
design the deepwater port or a portion of the port. The firm's:
    (1) Name;
    (2) Address;
    (3) Citizenship;
    (4) Telephone number; and
    (5) Qualifications.
    (d) United States citizenship. (1) As used in this paragraph (d) 
the terms ``president,'' ``chairman,'' ``directors,'' and ``board of 
directors'' (or ``board'') refer to those officers and boards or their 
equivalents by whatever means they may be known. References to 
``charters,'' ``certificates,'' or other documents refer to legally 
sufficient documents by those names or their equivalents.
    (2) If the applicant is an individual citizen of the United States 
by law, birth, or naturalization, or a group of such individuals, 
submit an affidavit of U.S. citizenship from each individual.
    (3) If the applicant is a State agency of a State, or a group of 
states, submit the law or laws authorizing the applicant to undertake 
the operations detailed in the application.
    (4) If the applicant is a private corporation, submit its current 
charter or certificate of incorporation; its current by-laws; and 
affidavits of citizenship (U.S. or foreign) from its president, 
chairman of the board of directors and each director.
    (5) If the applicant is a partnership or association not formed or 
owned solely by individual citizens of the United States, submit its 
certificate of formation; its partnership agreement or articles of 
association; its current by-laws; the minutes of its first board 
meeting; and affidavits of citizenship (U.S. or foreign) from the 
president and each director.
    (e) Address for service of documents. The name and address of one 
individual who may be served with documents in case a formal hearing is 
held concerning the application, and the name and address of one 
individual who may receive other documents.
    (f) Location and use. The proposed location and capacity of the 
deepwater port and a general description of the anticipated use of the 
port.
    (g) Financial information. (1) For the applicant and each affiliate 
with an ownership interest in the applicant of greater than 3 percent, 
and affiliates which have a direct contractual relationship with the 
deepwater port:
    (i) Annual financial statements, audited by an independent 
certified public accountant, for the previous 3 years, including, but 
not limited to, an income statement, balance sheet, and cash flow 
statement with footnote disclosures prepared according to U.S. 
Generally Accepted Accounting Principles; provided, however, that the 
Commandant (G-M), in coordination with MARAD, may waive this 
requirement upon finding that the affiliate does not in the normal 
course of business produce audited statements and is part of a larger 
corporate group whose audited statement provides sufficient information 
to support an adequate assessment of the affiliate's relationship with 
and impact on the applicant; and
    (ii) Interim income statements and balance sheets for each quarter 
that ends at least 30 days before submission of the application, unless 
it is included in the most recent annual financial statement.
    (2) An estimate of construction costs, including:
    (i) A phase-by-phase breakdown of costs;
    (ii) The estimated completion dates for each phase; and
    (iii) A detailed estimate of the cost of removing all of the marine 
components of the deepwater port, other than pipelines that lie beneath 
the seabed, when operations at the port cease.
    (3) Annualized projections or estimates of each of the following, 
along with the underlying assumptions, for the next 5 years and at 
reasonable intervals throughout the life of the deepwater port:
    (i) Total oil or natural gas throughput and subtotals showing 
throughput owned by the applicant and its affiliates and throughput 
owned by others;
    (ii) Projected financial statements, including a balance sheet and 
income statement; and
    (iii) Annual operating expenses, showing separately any payment 
made to an affiliate for any management duties carried out in 
connection with the operation of the deepwater port.
    (4) A copy of all proposals or agreements concerning the management 
and financing of the deepwater port, including agreements relating to 
throughputs, capital contributions, loans, guarantees, commitments, 
charters, and leases.
    (5) The throughput reports for the calendar year preceding the date 
of the

[[Page 751]]

application for the applicant and each of the applicant's affiliates 
engaged in producing, refining, or marketing oil or natural gas, along 
with a copy of each existing or proposed throughput agreement. Each 
throughput report must list the throughput of the following products:
    (i) Crude oil. If crude oil is the only product the port is 
designed to transport, the throughput report may be limited to 
reporting crude oil;
    (ii) Gasoline;
    (iii) Jet aviation fuel;
    (iv) Distillate fuel oils;
    (v) Other refinery products; and
    (vi) Natural gas.
    (h) Construction contracts and construction-related studies.
    (1) A copy of each contract that the applicant made for the 
construction of any component of the deepwater port or for the 
operation of the port.
    (2) A listing and abstract of:
    (i) All completed or ongoing studies on deepwater ports conducted 
by or for the applicant; and
    (ii) All other construction-related studies used by the applicant.
    (3) The identity of each contractor, if known, that will construct 
or install the deepwater port or a portion of the port, including each 
firm's:
    (i) Name;
    (ii) Address;
    (iii) Citizenship;
    (iv) Telephone number; and
    (v) Qualifications.
    (i) Compliance with Federal water pollution requirements. (1) 
Evidence, to the extent available, that the requirements of section 
401(a)(1) of the Federal Water Pollution Control Act Amendments of 
1972, 33 U.S.C. 1341(a)(1), will be satisfied. If complete information 
is not available by the time MARAD must either approve or deny the 
application under 33 U.S.C. 1504(i)(1), the license for the deepwater 
port is conditioned upon the applicant demonstrating that the 
requirements of section 401(a)(1) of the Federal Water Pollution 
Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be 
satisfied.
    (2) In those cases where certification under 33 U.S.C. 1341(a)(1) 
must be obtained from the Administrator of the Environmental Protection 
Agency, the request for certification, and pertinent information (e.g., 
plume modeling) related to the certification.
    (j) Coastal zone management. A request for each certification 
required by section 307 of the Coastal Zone Management Act of 1972, as 
amended (16 U.S.C. 1456).
    (k) Identification of lease block. (1) Identification of each lease 
block where any part of the proposed deepwater port or its approaches 
is located. This identification must be made on Official Outer 
Continental Shelf Leasing Maps or Protraction diagrams, where they are 
available. For each lease block, provide the following:
    (i) A description of each pipeline, or other right-of-way crossing, 
in enough detail to allow plotting of the rights-of-way to the nearest 
one-tenth of a second in latitude and longitude; and
    (ii) The identity of the lessee of each pipeline or other right-of-
way.
    (2) Detailed information concerning any interest that anyone, 
including the applicant, has in each block.
    (3) Detailed information concerning the present and planned use of 
each block.
    (l) Overall site plan. Single-line drawings showing the location 
and type of each component of the proposed deepwater port and its 
necessary facilities, including:
    (1) Floating structures;
    (2) Fixed structures;
    (3) Aids to navigation;
    (4) Manifold systems; and
    (5) Onshore storage areas, pipelines, and refineries.
    (m) Site plan for marine components. A site plan consisting of the 
following:
    (1) The proposed size and location of all:
    (i) Fixed and floating structures and associated components seaward 
of the high water mark only, if the proposal does not involve a 
connected action (i.e., installation of new pipeline extending in shore 
of the state boundary line);
    (ii) Recommended ships' routing measures and proposed vessel 
traffic patterns in the port area, including aids to navigation;
    (iii) Recommended anchorage areas and, for support vessels, mooring 
areas; and
    (2) A reconnaissance hydrographic survey of the proposed marine 
site. This survey should provide data on the water depth, prevailing 
currents, cultural resources, and a general characterization of the sea 
bottom. A requirement to submit an engineering hydrographic survey of 
the final marine site will be imposed as a condition in the license. 
The latter survey will require more extensive analysis of the soil and 
detailed study to determine its physical composition (i.e., minerals), 
and if the sea bottom can support fixed components comprising a 
deepwater port. The applicant may submit existing data, gathered within 
the previous 2 years, but it must be supplemented by field data for the 
specific locations in which a high degree of variability exists.
    (n) Soil data. An analysis of the general character and condition 
of the ocean bottom, sub-bottom, and upland soils throughout the marine 
site. The applicant may use existing data, so long as it was collected 
within the last 2 years and continues to provide accurate information 
about conditions throughout the site. If not, a new survey must be 
completed to provide supplemental data. The analysis must include an 
opinion by a registered professional engineer specializing in soil 
mechanics concerning:
    (1) The suitability of the soil to accommodate the anticipated 
design load of each marine component that will be fixed to or supported 
on the ocean floor; and
    (2) The stability of the seabed when exposed to the environmental 
forces resulting from severe storms or lesser forces that occur over 
time, including any history of accretion or erosion of the coastline 
near the marine site.
    (o) Archeological information. An analysis of the information from 
the reconnaissance hydrographic survey by a qualified underwater 
archeologist to determine the historical or other significance of the 
area where the site evaluation and pre-construction testing activities 
were conducted. This analysis must meet standards established by the 
Mineral Management Service for activities on the Outer Continental 
Shelf and include the areas potentially affected by the deepwater port, 
other associated platforms, and its pipeline routes.
    (p) Vessel operational information. Description of information, to 
be provided in the operations manual, pertaining to vessel operations, 
vessel characteristics and weather forecasting.
    (q) Information on floating components. (1) A description and 
preliminary design drawing of each floating component, including the 
hoses, anchoring or securing structure, and navigation lights if the 
component is a mooring buoy.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each floating component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of safety, fire-fighting, and pollution 
prevention equipment to be used on each floating component.
    (6) A description of lighting to be used on floating hoses for 
night detection.
    (r) Information on fixed offshore components. (1) A description and

[[Page 752]]

preliminary design drawing for each fixed offshore component.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each fixed offshore component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the following equipment to be installed:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment (response equipment will be 
outlined in the facility response plan); and
    (vi) Waste treatment equipment.
    (6) A description and preliminary design drawing of the following:
    (i) The cargo pumping equipment;
    (ii) The cargo piping system;
    (iii) The control and instrumentation system; and
    (iv) Any associated equipment, including oil or natural gas-
throughput-measuring equipment, leak-detection equipment, emergency-
shutdown equipment, and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (s) Information on offshore pipelines. (1) A description and 
preliminary design drawing of the marine pipeline, including:
    (i) Size;
    (ii) Throughput capacity;
    (iii) Length;
    (iv) Depth of cover; and
    (v) Protective devices.
    (2) The design criteria to which the marine pipeline will be 
designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the metering system to be used to measure flow 
rate.
    (6) Information concerning all submerged or buried pipelines that 
will be crossed by the offshore pipeline and how each crossing will be 
made.
    (t) Information on onshore components. The information required by 
paragraphs (t)(1) through (t)(3) must be supplied to the extent known 
by the applicant.
    (1) A description of the location, capacity, and ownership of all 
planned and existing onshore pipelines, storage facilities, refineries, 
petrochemical facilities, and transshipment facilities that will be 
served by the deepwater port. Crude oil or natural gas gathering lines 
and lines wholly within a deepwater port must be included in data on 
onshore components only if specifically required. Entry points and 
major connections between lines and with bulk purchasers must be 
included.
    (2) A chart showing the location of all planned and existing 
facilities that will be served by the port, including:
    (i) Onshore pipelines;
    (ii) Storage facilities;
    (iii) Refineries;
    (iv) Petrochemical facilities; and
    (v) Transshipment facilities.
    (3) A copy of all proposals or agreements with existing and 
proposed refineries that will receive oil transported through the 
deepwater port, the location and capacity of each such refinery and the 
anticipated volume of such oil to be refined by each such refinery to 
the extent known by the applicant.
    (u) Information on miscellaneous components. (1) A description of 
each radio station or other communications facility to be used during 
construction and operation of the deepwater port and their proposed 
concept of operation.
    (2) A description of the radar navigation system to be used in 
operation of the deepwater port outlined in the operations manual.
    (3) A description of the method to be used for bunkering vessels 
using the deepwater port.
    (4) A brief description of the type, size, and number of vessels to 
be used in bunkering, mooring, and servicing the vessels using the 
deepwater port.
    (5) A description and location of shore-based support facilities, 
if any, to be provided for vessels described in paragraph (u)(4) of 
this section; or that serve as offices or facilities in support of the 
deepwater port operations.
    (6) A copy of the actual radio station license, or if not 
available, the application sent to the Federal Communications 
Commission.
    (v) Construction procedures. A description of the method and 
procedures to be used in constructing each component of the deepwater 
port (e.g., shore-side fabrication, assembly and support), including 
anticipated dates of completion for each specific component during each 
phase of construction.
    (w) Operations manual. A draft of the operations manual for the 
proposed port containing the information under Sec.  150.15 of this 
chapter must demonstrate the applicant's ability to operate the port 
safely and effectively. To the extent circumstances are similar, this 
demonstration can be in the form of evidence, appended to the draft 
operations manual, of the applicant's participation in the safe and 
effective management or operation of other offshore facilities (for 
example, evidence of compliance with Mineral Management Service 
requirements for those facilities). If the information required for the 
manual is not available, state why it is not and when it will be 
available.
    (x) Environmental evaluation. An analysis, sufficient to meet the 
requirements of the National Environmental Policy Act, and as outlined 
in subpart G of this part, of the potential for impacts on the natural 
and human environments, including sufficient information to comply with 
all applicable Federal, tribal, and state requirements for the 
protection of the environment.
    (y) Aids to navigation. (1) For each proposed aid to navigation, 
the proposed position of the aid described by latitude and longitude 
coordinates to the nearest second or tenth of a second as determined 
from the largest scale chart of the area in which the aid is to be 
located. Specify latitude and longitude to a level obtained by visual 
interpolation between the finest graduation of the latitude and 
longitude scales on the chart.
    (2) For each proposed obstruction light and rotating lighted 
beacon:
    (i) Color;
    (ii) Characteristic;
    (iii) Effective intensity;
    (iv) Height above water; and
    (v) General description of illumination apparatus.
    (3) For each proposed sound signal on a structure, a general 
description of the apparatus.
    (4) For each proposed buoy:
    (i) Shape;
    (ii) Color;
    (iii) Number or letter;
    (iv) Depth of water in which located; and
    (v) General description of any light or sound signal apparatus on 
the buoy.
    (5) For the proposed radar beacon (RACON), height above water and a 
general description of the apparatus.
    (z) National Pollutant Discharge Elimination System (NPDES). To the 
extent available, the information prescribed by, and submitted on, the 
NPDES Application for Permit to Discharge, Short Form D, for applying 
for a discharge permit from the Environmental Protection Agency (EPA). 
If complete information is not available by the time MARAD must either 
approve or deny the application for a designated application area under 
33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned 
upon the applicant receiving the required discharge permit from the EPA 
before

[[Page 753]]

the start of any discharge requiring such a permit. The issuance of the 
permit demonstrates that all potential water discharges have been 
satisfactorily analyzed and water quality control measures implemented 
to mitigate discharges to meet NPDES.
    (aa) Placement of structures and the discharge of dredged or fill 
material. The information required to obtain a Department of Army 
permit for placement of structures and the discharge of dredged or fill 
material.
    (bb) Additional Federal authorizations. All other applications for 
Federal authorizations not listed elsewhere in this subpart that are 
required for ownership, construction, and operation of a deepwater 
port.
    (cc) A statement that the information in the application is true. 
This statement must be placed at the end of the application, sworn to 
before a notary public, and signed by a responsible official of the 
applicant.


Sec.  148.107  What additional information may be required?

    (a) The Commandant (G-M), in coordination with MARAD, may require 
the applicant or the applicant's affiliates to file, as a supplement to 
the application, any analysis, explanation, or detailing of information 
in the application or any other information the Commandant (G-M) deems 
necessary.
    (b) The Commandant (G-M) may require the applicant or the 
applicant's affiliates to make available for Coast Guard examination, 
under oath or for interview, persons having, or believed to have, 
necessary information.
    (c) The Commandant (G-M) may set a deadline for receiving the 
information. If the applicant states that the required information is 
not yet available but will be at a later date, the Commandant (G-M) may 
specify a later deadline. If a requirement is not met by a deadline 
fixed under this paragraph, the Commandant (G-M), in coordination with 
MARAD, may determine whether compliance with the requirement is 
important to processing the application within the time prescribed by 
the Act. If the requirement is important to processing the application 
within the time limit set by the Act, the Commandant (G-M) may 
recommend to the Administrator of the Maritime Administration that the 
Administrator either not approve the application or suspend it 
indefinitely. The deadline for the Administrator's review under the Act 
is extended for a period of time equal to the time of the suspension.


Sec.  148.108  What if a Federal or State agency or other interested 
party requests additional information?

    (a) Any Federal or State agency or other interested person may 
recommend that the applicant provide information in addition to that 
required to be in the application.
    (b) Recommendations must include a brief statement of why the 
information is needed.
    (c) The Commandant (G-M) must receive the request within 30 days 
after publication of the notice of application in the Federal Register. 
The request is considered before any final determination is made.
    (d) Commandant (G-M) will consider whether:
    (1) The information requested is essential for processing the 
license application; and
    (2) The time and effort required by the applicant in gathering the 
information will result in an undue delay in the application process.
    (e) Commandant (G-M) may consult with the applicant prior to 
issuing a determination on the request for additional information.


Sec.  148.110  How do I prepare my application?

    (a) Any person may confer with the Commandant (G-M) concerning 
requirements contained in this rule for the preparation of an 
application or the requirements of this subchapter.
    (b) The applicant may incorporate, by clear and specific reference 
in the application, the following:
    (1) Standard reference material that the applicant relied on and 
that is readily available to Federal and State agencies;
    (2) Current information contained in previous applications or 
reports that the applicant has submitted to the application staff; or
    (3) Current information contained in a tariff, report, or other 
document previously filed for public record with the Surface 
Transportation Board or the Securities and Exchange Commission, if:
    (i) A certified true and complete copy of the document is attached 
to each copy of the application required by Sec.  148.115(a);
    (ii) The date of filing and the document number or other locator 
are on the cover of the document; and
    (iii) Any verification or certification required for the original 
filing (other than from auditors or other independent persons) is dated 
no earlier than 30 days before the date of the application.


Sec.  148.115  How many copies of the application must I send and where 
must I send them?

    Send copies of the application as described in paragraphs (a) 
through (c).
    (a) Six printed copies (and an electronic version), to the 
Commandant (G-MSO), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.
    (b) One copy to the U.S. Army Corps of Engineers District Office 
having jurisdiction over the proposed port. For the address, see http://www.usace.army.mil/.
    (c) The Commandant (G-MSO) may require the applicant to supply 
additional printed copies for distribution to Federal, tribal, and 
state regulatory agencies involved in reviewing the application.


Sec.  148.125  What are the application fees?

    (a) The applicant must submit to the Commandant (G-M) a 
nonrefundable application fee of $350,000 with each application for a 
license. If additional information is necessary to make an application 
complete, no additional application fee is required.
    (b) The costs incurred by the Federal Government in processing an 
application will be charged to the application fee until it is 
exhausted. If the fee is exhausted and the Federal Government incurs 
further processing costs, the applicant will be charged the additional 
costs. Commandant (G-M) will periodically advise the applicant of the 
status of expenses incurred during the application process.
    (c) Additional costs attributable to efforts to process a deepwater 
port license application will be paid by the applicant. These 
additional costs must be submitted to the Commandant (G-M) when they 
are assessed.
    (d) Application fees and additional costs assessed under this 
section must be made payable to the ``United States Treasury.''

Subpart C--Processing Applications

General


Sec.  148.200  What is the purpose of this subpart?

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


Sec.  148.205  How are documents related to the application maintained?

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

[[Page 754]]

    (b) The docket contains a copy of all documents filed or issued as 
part of the application process.
    (c) Recommendations submitted by Federal departments and agencies 
under 33 U.S.C. 1504(e)(2) are docketed when they are received. Copies 
of applicable NEPA documents prepared under 33 U.S.C. 1504(f) are 
docketed when they are sent to the Environmental Protection Agency.
    (d) For a document designated as protected from disclosure under 33 
U.S.C. 1513(b), the Commandant (G-M):
    (1) Prevents the information in the document from being disclosed, 
unless the Commandant (G-M) states that the disclosure is not 
inconsistent with 33 U.S.C. 1513(b); and
    (2) Keeps a record of all individuals who have a copy of the 
document.


Sec.  148.207  How and where can I view docketed documents?

    (a) All material in a docket under Sec.  148.205 is available to 
the public for inspection and copying at Commandant (G-M) at the 
address under ``Commandant (G-M)'' in Sec.  148.5, except for:
    (1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or 
operation of a deepwater port; and
    (2) Material designated under paragraph (b) of this section as a 
trade secret or commercial or financial information that is claimed to 
be privileged or confidential.
    (b) A person submitting material that contains either a trade 
secret or commercial or financial information under paragraph (a)(2) of 
this section must designate those portions of the material that are 
privileged or confidential. Section 148.221 contains procedures for 
objecting to these claims.


Sec.  148.209  How is the application processed?

    The Commandant (G-M) processes each application and publishes the 
notice of application under 33 U.S.C. 1504(c) in the Federal Register. 
Upon publication of a notice of application, the Commandant (G-M) 
delivers copies of the application to:
    (a) Each Federal agency with jurisdiction over any aspect of 
ownership, construction, or operation of deepwater ports. These include 
the Environmental Protection Agency, the Departments of Commerce, 
Defense, Energy, Interior and State, and relevant State environmental 
and natural resources protection agencies.
    (b) Each adjacent coastal State.


Sec.  148.211  What must I do if I need to change my application?

    If at any time before the Secretary approves or denies an 
application, the information in it changes or becomes incomplete, the 
applicant must promptly submit the changes or additional information in 
the manner set forth in 148.115 of this part.


Sec.  148.213  How do I withdraw my application?

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


Sec.  148.215  What if a port has plans for a deep draft channel and 
harbor?

    If a port of a State that will be directly connected by pipeline 
with a proposed deepwater port has existing plans for a deep draft 
channel and harbor, a representative of the port may request a 
determination under 33 U.S.C. 1503(d). The request must be sent, in 
writing, to Commandant (G-M) within 30 days after the date that the 
notice of application for the deepwater port is published in the 
Federal Register. The request must contain the information required in 
paragraphs (a) through (e) of this section.
    (a) Signature of the highest official of the port submitting the 
request;
    (b) A copy of the existing plans for the construction of a deep 
draft channel and harbor;
    (c) Certification that the port has an active study by the 
Secretary of the Army for the construction of a deep draft channel and 
harbor or that the port has pending an application for a permit under 
33 U.S.C. 403 for the construction;
    (d) Any available documentation on:
    (1) Initial costs (by phases, if development is staged) for the 
proposed onshore project, including dredging, ship terminal, and 
attendant facilities;
    (2) Estimated annual operating expenses (by phases, if development 
is staged), including labor, for 30 years for all elements of the 
project;
    (3) Estimated time of completion of all elements of the project;
    (4) Estimated volume of ship traffic and volume and variety of the 
tonnage;
    (5) Potential traffic congestion conditions in the port and the 
port's capability to control vessel traffic as a result of the proposed 
dredging project;
    (6) Estimated economic benefits of the project, including:
    (i) Economic contribution to the local and regional area;
    (ii) Induced industrial development;
    (iii) Increased employment; and
    (iv) Increases in tax revenues;
    (7) Environmental and social impact of the project on elements of 
the local and regional community; and
    (8) An estimate of the economic impact that granting a deepwater 
port license will have on the proposed project.
    (e) A statement whether the port seeks a determination that the 
port best serves the national interest.


Sec.  148.217  How can a State be designated as an adjacent coastal 
State?

    (a) Adjacent coastal States are named in the notice of application 
published in the Federal Register. However, a State not named as an 
adjacent coastal State in the notice may request to be designated as 
one if the environmental risks to it are equal to or greater than the 
risks posed to a State directly connected by pipeline to the proposed 
deepwater port.
    (b) The request must:
    (1) Be submitted in writing to the Commandant (G-M) within 14 days 
after the date of publication of the notice of application in the 
Federal Register;
    (2) Be signed by the Governor of the State;
    (3) List the facts and any available documentation or analyses 
concerning the risk of damage to the coastal environment of the State; 
and
    (4) State why the State believes the risk of damage to its coastal 
environment is equal to or greater than the risk to a State connected 
by a pipeline to the proposed deepwater port.
    (c) Upon receipt of a request, the Commandant (G-M) sends a copy of 
the State's request to the Administrator of the National Oceanic and 
Atmospheric Administration (NOAA) and asks for the Administrator's 
recommendations within an amount of time that will allow the Commandant 
(G-M) 45 days from receipt of the request to determine the matter.
    (d) If after receiving NOAA's recommendations, the Commandant (G-M) 
determines that the State should be considered as an adjacent coastal 
State, the Commandant (G-M) designates it as an adjacent coastal State. 
If the Commandant (G-M) denies the request, the Commandant (G-M) 
notifies the Governor of the requesting State of the denial.


Sec.  148.221  What must I do to make a claim or object to a claim?

    (a) Persons required to furnish information under this part may 
assert a claim of privilege or immunity as grounds for relief from the 
requirement.

[[Page 755]]

The claim must be submitted in writing to the Commandant (G-M).
    (b) If the claim concerns a document protected from disclosure 
under 33 U.S.C. 1513(b), the document must be placed in a sealed 
envelope with the name of the person claiming the protection, the 
applicant's name, the date or anticipated date of the application, and 
a brief statement of the basis of the claim. If a number of documents 
are involved, they must be grouped according to the nature of the claim 
and both the documents and their envelopes must be numbered using a 
self-explanatory numbering system.
    (c) If the claim concerns the attorney-client privilege, the claim 
must identify the communication by date, type, persons making and 
receiving it, and general subject matter. If the required information 
is in a separable part of a communication, such as an attachment to a 
letter, the separate part must be identified the same way as the 
communication. The identification must be filed with the Commandant (G-
M).
    (d) A Federal or State agency, the applicant, an affiliate of the 
applicant, or other interested person may object to a claim. The 
objection must be in writing, must include a brief statement of the 
basis for the objection, and must identify the document to which the 
claim applies.
    (e) Commandant (G-M) determines issues raised by claims filed under 
this section and may specify procedures to be used to resolve the 
issues. Any person may submit recommendations to the Commandant (G-M) 
as to the procedures to be used.
    (f) The presiding officer at any formal or informal hearing may 
allow claims or objections that could be filed under this section to be 
made and may issue a decision or refer the matter to the Commandant (G-
M).
    (g) The filing of a claim under this section, other than a claim 
under paragraph (b) of this section, stays the time for meeting any 
deadline for submitting information related to an issue raised in a 
claim or objection. However, the filing of a claim does not stay the 
periods for processing and reviewing applications, unless the 
Commandant (G-M) determines that compliance with the requirement is 
material to the processing of the application within the required time. 
If the Commandant (G-M) determines that the information is material, 
the Commandant (G-M) may suspend the processing of the application. The 
period of suspension is not counted toward the time limits in 33 U.S.C. 
1503(c)(6), 1504(d)(3), (e)(2), and (g), and 1508(b)(1).

Public Meetings


Sec.  148.222  When must public meetings be held?

    (a) Before a license is issued, at least one public meeting under 
33 U.S.C. 1504(g) must be held in each adjacent coastal State.
    (b) The Commandant (G-M), in coordination with the Administrator of 
the Maritime Administration, shall publish a notice of public meetings 
in the Federal Register and mails or delivers a copy of the notice to 
the applicant, to each adjacent coastal State, and to all who request a 
copy.
    (c) Anyone may attend the public meeting(s) and provide oral or 
written information. The presiding officer may limit the time for 
providing oral information.


Sec.  148.227  How is a public meeting reported?

    (a) After completion of a meeting, the presiding officer forwards a 
report on the hearing to the Commandant (G-M) for docketing.
    (b) The report contains at least:
    (1) An overview of the factual issues addressed;
    (2) A transcript or recording of the meeting; and
    (3) A copy of all material submitted to the presiding officer.
    (c) During the hearing, the presiding officer announces the 
information that the report must contain.

Formal Hearings


Sec.  148.228  What if a formal evidentiary hearing is necessary?

    (a) After all public meetings under 148.222 are concluded, the 
Commandant (G-MSO), in coordination with the Administrator of the 
Maritime Administration, considers whether there are one or more 
specific and material factual issues that may be resolved by a formal 
evidentiary hearing.
    (b) If the Commandant (G-M), in coordination with the Administrator 
of the Maritime Administration, determines that one or more issues 
under paragraph (a) of this section exist, the Coast Guard will hold at 
least one formal evidentiary hearing under 5 U.S.C. 554 in the District 
of Columbia.
    (c) The Commandant (G-MSO) files a request for assignment of an 
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief 
Administrative Law Judge designates an ALJ or other person to conduct 
the hearing.
    (d) The recommended findings and the record developed in a hearing 
under paragraph (b) of this section are considered by the Administrator 
of the Maritime Administration in deciding whether to approve or deny a 
license.


Sec.  148.230  How is notice of a formal hearing given?

    (a) The Commandant (G-M) publishes a notice of the hearing in the 
Federal Register and sends a notice of the hearing to the applicant, to 
each adjacent coastal State, and to each person who requests such a 
notice.
    (b) The notice of the hearing includes the applicant's name, the 
name of the ALJ assigned to conduct the hearing, a list of the factual 
issues to be resolved, the address of the place where documents are to 
be filed, and the address where a copy of the rules of practice, 
procedure, and evidence to be used at the hearing is available.


Sec.  148.232  What are the rules for a formal hearing?

    (a) The Commandant (G-M) determines the rules for each formal 
hearing. Unless otherwise specified in this part, the Commandant (G-M) 
applies the rules of practice, procedure, and evidence in part 20 of 
this chapter.
    (b) The Commandant (G-M) sends a written copy of the procedure to 
the applicant, each person intervening in the proceedings, and each 
person who requests a copy.


Sec.  148.234  What are the limits of an administrative law judge's 
jurisdiction?

    (a) An ALJ's jurisdiction begins upon assignment to a proceeding.
    (b) An ALJ's jurisdiction ends after the recommended findings are 
filed with the Commandant (G-M) or immediately after the ALJ issues a 
notice of withdrawal from the proceeding.


Sec.  148.236  What authority does an administrative law judge have?

    When assigned to a formal hearing, an ALJ may:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas;
    (c) Issue rules of procedure for written evidence;
    (d) Rule on offers of proof and receive evidence;
    (e) Examine witnesses;
    (f) Rule on motions of the parties;
    (g) Suspend or bar an attorney from representing a person in the 
proceeding for unsuitable conduct;
    (h) Exclude any person for disruptive behavior during the hearing;
    (i) Set the hearing schedule;
    (j) Certify questions to the Commandant (G-M);
    (k) Proceed with a scheduled session of the hearing in the absence 
of a party who has failed to appear;
    (l) Extend or shorten a non-statutorily imposed deadline under this 
subpart

[[Page 756]]

within the 240 day time limit for the completion of public hearings in 
33 U.S.C. 1504(g);
    (m) Set deadlines not specified in this subpart or the Act; and
    (n) Take any other action authorized by or consistent with this 
subpart, the Act, or 5 U.S.C. 551-559.


Sec.  148.238  Who are the parties to a formal hearing?

    The parties to a formal hearing are:
    (a) The applicant;
    (b) The Commandant (G-M); and
    (c) Any person intervening in the proceedings.


Sec.  148.240  How does a State or a person intervene in a formal 
hearing?

    (a) Any person or adjacent coastal State may intervene in a formal 
hearing.
    (b) A person must file a petition of intervention within 10 days 
after notice of the formal hearing is issued. The petition must:
    (1) Be addressed to the ALJ Docketing Center;
    (2) Identify the issues and the petitioner's interest in those 
issues; and
    (3) Designate the name and address of a person who can be served if 
the petition is granted.
    (c) An adjacent coastal State need only file a notice of 
intervention with the ALJ Docketing Center.
    (d) The ALJ has the authority to limit the scope and period of 
intervention during the proceeding.
    (e) If the ALJ denies a petition of intervention, the petitioner 
may file a notice of appeal with the ALJ Docketing Center within 7 days 
of the denial. A brief may be submitted with the notice of appeal. 
Parties who wish to file a brief in support of or against the notice of 
appeal may do so within 7 days of the filing of the notice.
    (f) The Commandant (G-M) will rule on the appeal. The ALJ does not 
have to delay the proceedings for intervention appeals.


Sec.  148.242  How does a person who is not a party to a formal hearing 
present evidence at the hearing?

    (a) For a person who is not a party to a formal hearing to present 
evidence at the hearing, the person must send a petition to present 
evidence to the ALJ Docketing Center before the beginning of the formal 
hearing. The petition must describe the evidence that the person will 
present and show its relevance to the issues listed in the notice of 
formal hearing.
    (b) If a petition is granted, the ruling will specify which 
evidence is approved to be presented at the hearing.


Sec.  148.244  Who must represent the parties at a formal hearing?

    (a) All organizations that are parties to the proceeding must be 
represented by an attorney. Individuals may represent themselves.
    (b) Any attorney representing a party to the proceeding must file a 
notice of appearance according to Sec.  20.301(b) of this chapter.
    (c) Each attorney must be in good standing and licensed to practice 
before a court of the United States or the highest court of any State, 
territory, or possession of the United States.


Sec.  148.246  When is a document considered filed and where must it be 
filed?

    (a) If a document to be filed is submitted by mail, it is 
considered filed on the date it is postmarked. If a document is 
submitted by hand delivery or electronically, it is considered filed on 
the date received by the clerk.
    (b) File all documents and other materials related to an 
administrative proceeding at the U.S. Coast Guard Administrative Law 
Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street, 
Baltimore, MD, 21201-4022.


Sec.  148.248  What happens when a document does not contain all 
necessary information?

    Any document that does not satisfy the requirements in 
Sec. Sec. 20.303 and 20.304 of this chapter will be returned to the 
person who submitted it with a statement of the reasons for denial.


Sec.  148.250  Who must be served before a document is filed?

    Before a document may be filed by any party, it first must be 
served upon:
    (a) All other parties; and
    (b) The Commandant (G-M).


Sec.  148.252  What is the procedure for having a subpoena served?

    (a) A party may submit a request for a subpoena to the ALJ. The 
request must show the relevance and scope of the evidence sought.
    (b) Requests should be submitted sufficiently in advance of the 
hearing so that exhibits and witnesses can be included in the lists 
required by Sec.  20.601 of this chapter but may be submitted later 
before the end of the hearing if good cause is shown for the late 
submission.
    (c) A request for a subpoena must be submitted to the ALJ.
    (d) A proposed subpoena, such as the form in http://cgweb.comdt.uscg.mil/g-cj/subpoena.doc, must be submitted with the 
request. If you do not use this form, the proposed subpoena must 
contain:
    (1) The docket number of the proceedings;
    (2) The captions ``Department of Homeland Security,'' ``Coast 
Guard,'' and ``Licensing of deepwater port for coastal waters off 
(insert name of the coastal State closest to the proposed deepwater 
port and the docket number of the proceeding)'';
    (3) The name and the address of the office of the ALJ;
    (4) For a subpoena to give testimony, a statement commanding the 
person to whom the subpoena is directed to attend the formal hearing 
and give testimony;
    (5) For a subpoena to produce documentary evidence, a statement 
commanding the person to produce designated documents, books, papers, 
or other tangible things at a designated time or place; and
    (6) An explanation of the procedure in Sec.  20.309(d) of this 
chapter and paragraph (h) of this section for quashing a subpoena.
    (e) The procedure for serving a subpoena must follow rule 45 of the 
Federal Rules of Civil Procedure, unless the ALJ authorizes another 
procedure.
    (f) The witness fees for a subpoenaed witness are the same as the 
fees for witnesses subpoenaed in U.S. District Courts. The person 
requesting the subpoena must pay these fees.
    (g) When serving a subpoena, a party must include witness fees in 
the form of a check to the individual or organization for one day plus 
mileage or, in the case of a government-issued subpoena, a form SF-1157 
for reimbursement for witness fees and mileage.
    (h) Any person served with a subpoena has 10 days from the time of 
service to move to quash the subpoena.
    (i) If a person does not comply with a subpoena, the ALJ decides 
whether judicial enforcement of the subpoena is necessary. If the ALJ 
decides it is, the Commandant (G-M) reviews this decision.


Sec.  148.254  How is a transcript of the hearing prepared?

    (a) Under the supervision of the ALJ, the reporter prepares a 
verbatim transcript of the hearing. Nothing may be deleted from the 
transcript, unless ordered by the ALJ and noted in the transcript.
    (b) After a formal hearing is completed, the ALJ certifies and 
forwards the record, including the transcript, to the clerk to be 
placed into the docket.
    (c) At any time within the 20 days after the record is docketed, 
the ALJ may make corrections to the certified transcript. When 
corrections are filed, they are attached as appendices.

[[Page 757]]

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


Sec.  148.256  What happens at the conclusion of a formal hearing?

    After closing the record of a formal hearing, the ALJ prepares a 
recommended finding on the issues that were the subject of the hearing. 
The ALJ submits that finding to the Commandant (G-M).

Approval or Denial of the Application


Sec.  148.276  When must the application be approved or denied?

    (a) In 33 U.S.C. 1504, the Deepwater Port Act provides strict 
timelines for action on a license application, which if closely 
observed can lead to action in just under 1 year. The Coast Guard can 
recommend that MARAD suspend the process if an applicant fails to 
provide timely information or requests additional time to comply with a 
request.
    (b) The Coast Guard must conduct public hearings in each adjacent 
Coastal State within 240 days of publication of the notice of receipt 
of a deepwater port application.
    (c) An application must be approved or denied within 90 days after 
the close of the public hearing period specified in paragraph (b) of 
this section.


Sec.  148.277  How may Federal agencies and States participate in the 
application process?

    (a) Under Sec.  148.209, Federal agencies and adjacent coastal 
States are sent copies of the application. The agencies and States are 
encouraged to begin submitting their comments at that time.
    (b) To be considered, comments from Federal agencies and adjacent 
coastal States must be received by the Commandant (G-M) within 45 days 
after the close of the public hearing period specified in Sec.  
148.276(b). Separate comment periods will apply to the review of 
documents created during the NEPA process. Both Commandant (G-M) and 
MARAD review the comments received.
    (c) Comments should identify problems, if any, and suggest possible 
solutions.


Sec.  148.279  What are the criteria for approval or denial of an 
application?

    The criteria for approving or denying a license application appear 
in 33 U.S.C. 1503.


Sec.  148.281  What happens when more than one application is submitted 
for an oil deepwater port for the same application area?

    (a) When more than one application is submitted for an oil 
deepwater port for the same application area under 33 U.S.C. 1504(d), 
only one application is approved. Except as provided in paragraph (b) 
of this section, applicants receive priority in the following order:
    (1) An adjacent coastal State (or combination of States), political 
subdivision of the State, or an agency or instrumentality, including a 
wholly owned corporation of the State;
    (2) A person that is:
    (i) Not engaged in producing, refining, or marketing oil;
    (ii) Not an affiliate of a person engaged in producing, refining, 
or marketing oil; or
    (iii) Not an affiliate of an affiliate of a person engaged in 
producing, refining, or marketing oil; and then
    (3) Any other applicant.
    (b) MARAD may also approve one of the proposed deepwater ports if 
it determines that that port will best serve the national interest. In 
making this determination, MARAD considers:
    (1) The degree to which each deepwater port will affect the 
environment, as determined under the review criteria in subpart G to 
this part;
    (2) The differences between the anticipated completion dates of the 
deepwater ports; and
    (3) The differences in costs for construction and operation of the 
ports that would be passed on to consumers of oil.
    (c) This section does not apply to applications for natural gas 
deepwater ports.


Sec.  148.283  When is the application process stopped before the 
application is approved or denied?

    The Commandant (G-M) recommends to MARAD that the application 
process be suspended before the application is approved or denied if:
    (a) All applications are withdrawn before MARAD approves one of 
them; or
    (b) There is only one application; it is incomplete, and the 
applicant does not respond to a request by the Commandant (G-M) for 
further information, as per Sec.  148.107.

Subpart D--Licenses


Sec.  148.300  What does this subpart concern?

    This subpart concerns the license for a deepwater port and the 
procedures for transferring, amending, suspending, reinstating, 
revoking, and enforcing a license.


Sec.  148.305  What is included in a deepwater port license?

    A deepwater port license contains information about the licensee 
and the port, and conditions of operation that are set by MARAD. 
Licenses are issued in conformance with the Deepwater Ports Act of 
1974, as amended, and with rules and policies of MARAD that implement 
that Act.


Sec.  148.307  Who may consult with the Commandant (G-M) on developing 
the conditions of a license?

    Federal agencies, the adjacent coastal States, and the owner of the 
deepwater port may consult with the Commandant (G-M) on the conditions 
of the license being developed under 33 U.S.C. 1503(e).


Sec.  148.310  How long does a license last?

    Each license remains in effect indefinitely unless:
    (a) It is suspended or revoked by MARAD; or
    (b) It is surrendered by the owner.


Sec.  148.315  How is a license amended, transferred, or reinstated?

    (a) MARAD may amend, transfer, or reinstate a license if it finds 
that the amendment, transfer, or reinstatement is consistent with the 
requirements of the Act and this subchapter.
    (b) The owner must submit a request for an amendment, transfer, or 
reinstatement to the Commandant (G-M).


Sec.  148.320  How is a license enforced, suspended, or revoked?

    MARAD may enforce, suspend, or revoke a license under 33 U.S.C. 
1507(c).

Subpart E--Site Evaluation and Pre-Construction Testing


Sec.  148.400  What does this subpart do?

    (a) This subpart prescribes requirements under 33 U.S.C. 1504(b) 
for the activities that are involved in site evaluation and pre-
construction testing at potential locations for deepwater ports and 
that may:
    (1) Adversely affect the environment;
    (2) Interfere with authorized uses of the Outer Continental Shelf; 
or
    (3) Pose a threat to human health and welfare.
    (b) For the purpose of this subpart, ``site evaluation and pre-
construction testing'' means studies performed at potential deepwater 
port locations, including:
    (1) Preliminary studies to determine the feasibility of a site;
    (2) Detailed studies of the topographic and geologic structure of 
the ocean

[[Page 758]]

bottom to determine its ability to support offshore structures and 
other equipment; and
    (3) Studies done for the preparation of the environmental analysis 
required under Sec.  148.105.


Sec.  148.405  What are the procedures for notifying the Commandant (G-
M) of proposed site evaluation and pre-construction testing?

    (a) Any person who wants to conduct site evaluation and pre-
construction testing at a potential site for a deepwater port must 
submit a written notice to the Commandant (G-M) at least 30 days before 
the beginning of the evaluation or testing. The Commandant (G-M) 
advises and coordinates with appropriate Federal agencies and the 
States concerning activities covered by this subpart.
    (b) The written notice must include the following:
    (1) The names of all parties participating in the site evaluation 
and pre-construction testing;
    (2) The type of activities and the way they will be conducted;
    (3) Charts showing where the activities will be conducted and the 
locations of all offshore structures, including pipelines and cables, 
in or near the proposed area;
    (4) The specific purpose for the activities;
    (5) The dates when the activities will begin and end;
    (6) The available data on the environmental consequences of the 
activities;
    (7) A preliminary report, based on existing data, of the historic 
and archeological significance of the area where the proposed 
activities are to take place. A report of each contact made with any 
appropriate State liaison officer for historic preservation must be 
included; and
    (8) Additional information, if necessary, in individual cases.
    (c) For the following activities, the notice need have only the 
information required in paragraphs (b)(1), (b)(2), and (b)(5) of this 
section, as well as a general indication of the proposed location and 
purpose of the activities:
    (1) Gravity and magneto-metric measurements;
    (2) Bottom and sub-bottom acoustic profiling without the use of 
explosives;
    (3) Sediment sampling of a limited nature using either core or grab 
samplers, if geological profiles indicate no discontinuities that may 
have archeological significance;
    (4) Water and biotic sampling, if the sampling does not adversely 
affect shellfish beds, marine mammals, or an endangered species, or if 
the sampling is permitted by another Federal agency;
    (5) Meteorological measurements, including the setting of 
instruments;
    (6) Hydrographic and oceanographic measurements, including the 
setting of instruments; and
    (7) Small diameter core sampling to determine foundation 
conditions.
    (d) A separate written notice is required for each site.


Sec. 148.410  What are the conditions for conducting site evaluation 
and pre-construction testing?

    (a) No persons may conduct site evaluation and pre-construction 
testing unless they comply with this subpart and other applicable laws.
    (b) Measures must be taken to prevent or minimize the effect of 
activities under 148.400(a).


Sec. 148.415  When conducting site evaluation and pre-construction 
testing, what must be reported?

    (a) When conducting site evaluation or pre-construction testing, 
the following must be immediately reported by any means to the 
Commandant (G-M):
    (1) Any evidence of objects of cultural, historical, or 
archeological significance;
    (2) Any adverse effect on the environment;
    (3) Any interference with authorized uses of the Outer Continental 
Shelf;
    (4) Any threat to human health and welfare; and
    (5) Any adverse effect on an object of cultural, historical, or 
archeological significance.
    (b) Within 120 days after the site evaluation or pre-construction 
testing, a final written report must be submitted to the Commandant (G-
M) that contains:
    (1) A narrative description of the activities performed;
    (2) A chart, map, or plat of the area where the activities 
occurred;
    (3) The dates that the activities were performed;
    (4) Information on the adverse effects of items reported under 
paragraph (a) of this section;
    (5) Data on the historical or archeological significance of the 
area where the activities were conducted, including a report by an 
underwater archeologist; and
    (6) Any additional information required by the Commandant (G-M) on 
a case-by-case basis.


Sec. 148.420  When may the Commandant (G-M) suspend or prohibit site 
evaluation or pre-construction testing?

    (a) The Commandant (G-M) may order, either in writing or orally 
with written confirmation, the prohibition or immediate suspension of 
any activity related to site evaluation or pre-construction testing, 
when the activity threatens harm to:
    (1) Human life;
    (2) Biota;
    (3) Property;
    (4) Cultural resources;
    (5) Any valuable mineral deposits; or
    (6) The environment.
    (b) The Commandant (G-M) will consult with the applicant on 
measures to remove the cause for suspension.
    (c) The Commandant (G-M) may lift a suspension after the applicant 
assures the Commandant (G-M) that the activity will no longer cause the 
threat on which the suspension was based.

Subpart F--Exemption From or Adjustments to Requirements in This 
Subchapter


Sec. 148.500  What does this subpart do?

    This subpart provides procedures for requesting an exemption from a 
requirement in this subchapter. Commandant (G-M) and MARAD coordinate 
in evaluating requests for exemption from the requirements in this 
subchapter.


Sec. 148.505  How do I apply for an exemption?

    (a) Any person required to comply with a requirement in this 
subchapter may submit a petition for exemption from that requirement.
    (b) The petition must be submitted in writing to the Commandant (G-
M).
    (c) The Commandant (G-M) may require the petition to provide an 
alternative to the requirement.


Sec. 148.510  What happens when a petition for exemption involves the 
interests of an adjacent coastal State?

    If the petition for exemption concerns an adjacent coastal State, 
the Commandant (G-M) forwards the petition to the Governor of the State 
for the Governor's recommendation.


Sec. 148.515  When is an exemption allowed?

    The Commandant (G-M) may recommend that MARAD allow an exemption if 
he or she determines that:
    (a) Compliance with the requirement would be contrary to public 
interest;
    (b) Compliance with the requirement would not enhance safety or the 
health of the environment;
    (c) Compliance with the requirement is not practical because of 
local conditions or because the materials or personnel needed for 
compliance are unavailable;
    (d) National security or national economy justifies a departure 
from the rules; or

[[Page 759]]

    (e) The alternative, if any, proposed in the petition would:
    (1) Ensure comparable or greater safety, protection of the 
environment, and quality of construction, maintenance, and operation of 
the deepwater port; and
    (2) Be consistent with recognized principles of international law.


Sec.  148.600  What is the limit of financial liability?

    The financial limit for liability for deepwater ports is set in 
accordance with section 1004 of the Oil Pollution Act of 1990 (33 
U.S.C. 2704).


Sec.  148.605  How is the limit of liability determined?

    (a) The Coast Guard may lower the $350,000,000 limit of liability 
for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph 
(d) of that section.
    (b) Requests to adjust the limit of liability for a deepwater port 
must be submitted to Commandant (G-M). Adjustments are established by a 
rulemaking that may take place concurrently with the processing of the 
deepwater port license application.

Subpart G--Environmental Review Criteria for Deepwater Ports


Sec.  148.700  How does the Deepwater Port Act interact with other 
Federal and State laws?

    Nothing in this subpart supersedes any Federal, tribal, or State 
requirements for the protection of the environment. The applicant must 
prepare and submit applications to each respective agency that requires 
a permit or license to operate the port. A list of Federal and State 
agencies that require certification includes but is not limited to the 
Environmental Protection Agency (for clean air and clean water 
permits), the Research and Special Programs Administration (Office of 
Pipeline Safety) or the Mineral Management Service (or both) for 
pipeline approvals, and the appropriate state environmental agency.


Sec.  148.702  How were the environmental review criteria developed?

    Under 33 U.S.C. 1505, the Commandant (G-M) must establish 
environmental review criteria for use in evaluating a proposed 
deepwater port. In developing these criteria, the Coast Guard 
considered the requirements for compliance with Federal and state 
mandates for the protection of the environment contained in, but not 
limited to, such guidance as published by:
    (a) The Council on Environmental Quality (40 CFR parts 1500-1508);
    (b) Department of Transportation (DOT) Order 5610.10C (Procedures 
for Considering Environmental Impacts); and
    (c) U.S. Coast Guard Instruction M16475.1D (National Environmental 
Policy Act Implementing Procedures and Policy for Considering 
Environmental Impacts).


Sec.  148.705  What is determined by the environmental evaluation?

    (a) The environmental criteria to be used in evaluating a license 
application are established by general consensus of expertise, 
scientific opinion, public interest, and institutional requirements, 
such as laws and regulations established for the protection of the 
environment. Criteria that may be established in future environmental 
regulations or other requirements to protect the environment will also 
be used.
    (b) The environmental criteria to be used in evaluating a license 
application are applied to all relevant aspects of:
    (1) The fabrication, construction, operation, and decommissioning 
phases of a deepwater port;
    (2) The operations of the vessels that serve the port;
    (3) The port's servicing and support activities;
    (4) Shore based construction and fabrication sites;
    (5) Shore side supporting facilities (if appropriate) for the 
proposed location; and
    (6) The No Action alternative and other reasonable alternatives.
    (c) The criteria are also applied in a manner that takes into 
account the cumulative effects of other reasonably foreseeable actions 
as outlined in Sec.  148.708.


Sec.  148.707  What type of criteria will be used in an environmental 
review and how will they be applied?

    The license application will be reviewed for the deepwater port's 
effects on the environment and for the environment's effects on the 
port and any of its shore side support facilities. The environmental 
evaluation will be applied to the phases of construction, operation, 
and decommissioning of the proposed location and at least one 
alternative site. The evaluation will determine:
    (a) The effect on the environment including but not limited to 
impacts on endangered species; essential fish habitat; marine 
sanctuaries; archaeological, cultural and historic sites; water; air; 
coastal zone management; coastal barrier resources; wetlands; and 
floodplains;
    (b) The effect on oceanographic currents and wave patterns;
    (c) The potential risks to a deepwater port from waves, winds, 
weather, and geological conditions and the steps that can be taken to 
protect against or minimize these dangers; and
    (d) The effect on human health and welfare, including socioeconomic 
impacts, environmental justice and protection of children from 
environmental health and safety risks.


Sec.  148.708  Must the applicant's proposal reflect potential 
regulations?

    Although a regulation is of no effect until it has been officially 
promulgated, to minimize the subsequent impact that potential 
regulations may have on a licensee, an applicant can and should reflect 
reasonably foreseeable environmental regulations in planning, 
operating, and decommissioning a deepwater port.


Sec.  148.709  How are these criteria reviewed and revised?

    The Commandant (G-M) periodically reviews and may revise these 
criteria. Reviews and revisions are conducted in accordance with 
148.700 of this subpart. The criteria established are consistent with 
the National Environmental Policy Act (42 U.S.C. 4321-4347).


Sec.  148.710  What environmental conditions must be satisfied?

    (a) MARAD may issue a license to construct a deepwater port under 
the Act, with or without conditions, if certain specified conditions 
are met. The relevant environmental considerations include, but are not 
limited to the following:
    (1) Construction and operation of the deepwater port will be in the 
national interest and consistent with national security and other 
national policy goals and objectives, including energy sufficiency, 
environmental quality, and protection from the threat of terrorist 
attack and other subversive activity against persons and property on 
the port and the vessels and crews calling at the port; and
    (2) Under the environmental review criteria in Sec.  148.707 of 
this subpart, the applicant has demonstrated that the deepwater port 
will be fabricated, constructed, operated, and decommissioned using the 
best available technology to prevent or minimize adverse impact on the 
environment (33 U.S.C. 1503(c)(3) and 1504).
    (b) Under 33 U.S.C. 1504(f), these criteria must be considered in 
the preparation of a single, detailed environmental impact statement or 
environmental assessment for all timely

[[Page 760]]

applications covering a single application area. Additionally, 33 
U.S.C. 1504(i)(3) specifies that, if more than one application is 
submitted for an ``application area'' (as defined in 33 U.S.C. 
1504(d)(2)), the criteria must be used, among other factors, in 
determining whether any one proposed deepwater port clearly best serves 
the national interest.


Sec.  148.715  How is an environmental review conducted?

    The environmental review of a proposed deepwater port and 
reasonable alternatives consists of Federal, tribal, state, and public 
review of the following two parts:
    (a) An evaluation of the proposal's completeness of environmental 
information and quality of assessment, probable environmental impacts, 
and identification of procedures or technology that might prevent or 
minimize probable adverse environmental impacts; and
    (b) An evaluation of the effort made under the proposal to prevent 
or minimize its probable environmental impacts. This evaluation will 
assess the applicant's consideration of the criteria in Sec. Sec.  
148.720 through 148.740 of this subpart.


Sec.  148.720  What are the siting criteria?

    In accordance with Sec.  148.715(b), the proposed and alternative 
sites for the deepwater port will be evaluated on the basis of how well 
each:
    (a) Optimizes location to prevent or minimize detrimental 
environmental effects;
    (b) Minimizes the space needed for safe and efficient operation;
    (c) Locates offshore components in areas with stable sea-bottom 
characteristics;
    (d) Locates onshore components where stable foundations can be 
developed;
    (e) Minimizes the potential for interference with its safe 
operation from existing offshore structures and activities;
    (f) Minimizes the danger posed to safe navigation by surrounding 
water depths and currents;
    (g) Avoids extensive dredging or removal of natural obstacles such 
as reefs;
    (h) Minimizes the danger to the port, its components, and tankers 
calling at the port from storms, earthquakes, or other natural hazards;
    (i) Maximizes the permitted use of existing work areas, facilities, 
and access routes;
    (j) Minimizes the environmental impact of temporary work areas, 
facilities, and access routes;
    (k) Maximizes the distance between the port and its components and 
critical habitats including commercial and sport fisheries, threatened 
or endangered species habitats, wetlands, floodplains, coastal 
resources, marine management areas, and essential fish habitats;
    (l) Minimizes the displacement of existing or potential mining, oil 
or gas production or transportation uses;
    (m) Takes advantage of areas already allocated for similar use, 
without overusing such areas;
    (n) Avoids permanent interference with natural processes or 
features that are important to natural currents and wave patterns; and
    (o) Avoids dredging in areas where sediments contain high levels of 
heavy metals, biocides, oil or other pollutants or hazardous materials 
and in areas designated wetlands or other protected coastal resources.


Sec.  148.722  Should the construction plan incorporate best available 
technology and recommended industry practices?

    Each applicant must submit a proposed construction plan. It must 
incorporate best available technology and recommended industry 
practices as directed in 148.730.


Sec.  148.725  What are the design, construction and operational 
criteria?

    In accordance with 148.720(b), the deepwater port proposal and 
reasonable alternatives will be evaluated on the basis of how well 
they:
    (a) Reflect the use of best available technology in design, 
construction procedures, operations, and decommissioning;
    (b) Include safeguards, backup systems, procedures, and response 
plans to minimize the possibility and consequences of pollution 
incidents such as spills and discharges, while permitting safe 
operation with appropriate safety margins under maximum operating loads 
and the most adverse operating conditions;
    (c) Provide for safe, legal, and environmentally sound waste 
disposal, resource recovery, affected area reclamation, and enhanced 
use of spoil and waste;
    (d) Avoid permanent interference with natural processes or features 
that are important to natural currents and wave patterns;
    (e) Avoid groundwater drawdown or saltwater intrusion, and 
minimizes mixing salt, fresh, and brackish waters;
    (f) Avoid disrupting natural sheet flow, water flow, and drainage 
patterns or systems;
    (g) Avoid interference with biotic populations, especially breeding 
habitats or migration routes;
    (h) Maximize use of existing facilities;
    (i) Provide personnel trained in oil spill prevention at critical 
locations identified in the accident analysis;
    (j) Provide personnel trained in oil spill mitigation; and
    (k) Plan for safe and effective removal of the deepwater port in 
the event of its decommissioning.


Sec.  148.730  What are the land use and coastal zone management 
criteria?

    In accordance with Sec.  148.715(b), the deepwater port proposal 
and reasonable alternatives will be evaluated on the basis of how well 
they:
    (a) Accord with existing and planned land use, including management 
of the coastal region, for which purpose the proposal must be 
accompanied by a consistency determination from appropriate state 
agencies;
    (b) Adhere to proposed local and State master plans;
    (c) Minimize the need for special exceptions, zoning variances, or 
non-conforming uses;
    (d) Plan floodplain uses in ways that will minimize wetlands loss, 
flood damage, the need for Federally-funded flood protection or flood 
relief, or any decrease in the public value of the floodplain as an 
environmental resource; and
    (e) Avoid permanent alteration or harm to wetlands and take 
positive steps to minimize adverse effects on wetlands.


Sec.  148.735  What are other critical criteria that must be evaluated?

    In accordance with Sec.  148.715(b), the deepwater port proposal 
and reasonable alternatives will be evaluated on the basis of how well 
they:
    (a) Avoid detrimental effects on human health and safety;
    (b) Pose no compromise to national security;
    (c) Account for the historic, archeological, and cultural 
significance of the area, including any potential requirements for 
historical preservation;
    (d) Minimize harmful impacts to minorities and children; and
    (e) Plan for serious consideration of the proposal that offers the 
least potential for environmental harm to the region or potential 
mitigation actions, when conflict exists between two or more proposed 
uses for a site.


Sec.  148.737  What environmental statutes must an applicant follow?

    (a) In constructing and operating a deepwater port, the port must 
comply with all applicable Federal, State, and tribal environmental 
statutes. A list of the applicable Federal statutes includes but is not 
limited to: Abandoned

[[Page 761]]

Shipwreck Act (ASA), 43 U.S.C. 2102, et seq.; American Indian Religious 
Freedom Act (AIRFA), 42 U.S.C. 1996, et seq.; Antiquities Act, 16 
U.S.C. 433, et seq.; Archeological and Historic Preservation Act 
(AHPA), 16 U.S.C. 469; Archeological Resources Protection Act (AHPA), 
16 U.S.C. 470 aa-ll, et seq.; Architectural Barriers Act, 42 U.S.C. 
4151, et seq.; Clean Air Act (CAA), Pub.L. 95-95, 42 U.S.C. 7401, et 
seq.; Clean Water Act of 1977 (CWA), Pub.L. 95-217, 33 U.S.C. 1251, et 
seq.; Coastal Barrier Resources Act (CBRA), Pub.L. 97-348, 16 U.S.C. 
3510, et seq.; Coastal Zone Management Act (CZMA), Pub.L. 92-583, 16 
U.S.C. 1451, et seq.; Community Environmental Response Facilitation Act 
(CERFA), 42 U.S.C. 9620, et seq.; Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), also commonly 
referred to as SUPERFUND, Pub.L. 96-510, 26 U.S.C. 4611, et seq.; 
Consultation and Coordination With Indian Tribal Governments, E.O. 
13175, 65 FR 67249; Coral Reef Protection, E.O. 13089, 63 FR 32701; 
Department of Transportation Act, Section 4(f), Pub.L. 89-670, 49 
U.S.C. 303, Section 4(f), et seq.; Emergency Planning and Community 
Right-to-Know Act, 42 U.S.C. 11001-11050, et seq.; Endangered Species 
Act of 1973 (ESA), Pub.L. 93-205, 16 U.S.C. 1531, et seq.; Energy 
Efficiency and Water Conservation at Federal Facilities, E.O. 12902, 59 
FR 11463; Environmental Effects Abroad of Major Federal Agencies, E.O. 
12114, 44 FR 1957; Environmental Quality Improvement Act, Pub.L. 98-
581, 42 U.S.C. 4371, et seq.; Farmlands Protection Policy Act, Pub.L. 
97-98, 7 U.S.C. 4201, et seq.; Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, E.O. 12898, 
59 FR 7629; Federal Compliance with Pollution Control Standards, E.O. 
12088, 43 FR 47707; Federal Insecticide, Fungicide, and Rodenticide 
Act, Pub.L. 86-139, 7 U.S.C. 135, et seq.; Federal Records Act (FRA), 
44 U.S.C. 2101-3324, et seq.; Federalism, E.O. 13083, Fish and Wildlife 
Act of 1956, Pub.L. 85-888, 16 U.S.C. 742, et seq.; Fish and Wildlife 
Coordination Act, Pub.L. 85-624, 16 U.S.C. 661, et seq.; Fisheries 
Conservation and Recovery Act of 1976, Pub.L. 94-265, 16 U.S.C. 1801, 
et seq.; Flood Disaster Protection Act, 42 U.S.C. 4001, et seq.; 
Floodplain Management and Protection, E.O. 11988, 42 FR 26951; Greening 
the Government Through Leadership in Environmental Management, E.O. 
13148, 65 FR 24595; Greening the Government Through Waste Prevention, 
Recycling, and Federal Acquisition, E.O. 13101, 63 FR 49643; Historic 
Sites Act, 16 U.S.C. 46, et seq.; Indian Sacred Sites, E.O. 13007, 61 
FR 26771; Intergovernmental Review of Federal Programs, E.O. 12372, 47 
FR 30959; Invasive Species, E.O. 13112, 64 FR 6183; Locating Federal 
Facilities on Historic Properties in our Nation's Central Cities, E.O. 
13006, 61 FR 26071; Magnuson-Stevens Fishery Conservation and 
Management Act as amended through October 11, 1996, 16 U.S.C. 1801, et 
seq.; Marine Mammal Protection Act of 1972 (MMPA), Pub.L. 92-522, 16 
U.S.C. 1361; Marine Protected Areas, E.O. 13158, 65 FR 24909; Marine 
Protection, Research, and Sanctuaries Act of 1972, Pub.L. 92-532, 16 
U.S.C. 1431, et seq. and 33 U.S.C. 1401, et seq.; Migratory Bird Treaty 
Act, 16 U.S.C. 703-712, et seq.; National Environmental Policy Act of 
1969 (NEPA), Pub.L. 91-190, 42 U.S.C. 4321, et seq.; National Historic 
Preservation Act of 1996 (NHPA), Pub.L. 89-665, 16 U.S.C. 470, et seq.; 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3001, et seq.; Noise Control Act of 1972, Pub.L. 92-574, 42 
U.S.C. 4901, et seq.; Pollution Prevention Act of 1990 (PPA), 42 U.S.C. 
13101-13109, et seq.; Protection and Enhancement of Cultural 
Environmental Quality, E.O. 11593, 36 FR 8921; Protection and 
Enhancement of Environmental Quality, E.O. 11514, 35 FR 4247; 
Protection of Children from Environmental Health and Safety Risks, E.O. 
13045, 62 FR 19885; Protection of Wetlands, E.O. 11990, 42 FR 26961; 
Recreational Fisheries, E.O. 12962, 60 FR 307695; Requiring Agencies to 
Purchase Energy Efficient Computer Equipment, E.O. 12845, 58 FR 21887; 
Resource Conservation and Recovery Act of 1976 (RCRA), Pub.L. 94-580, 
42 U.S.C. 6901, et seq.; Responsibilities of Federal Agencies to 
Protect Migratory Birds, E.O. 13186, 66 FR 3853; Safe Drinking Water 
Act (SDWA), Pub.L. 93-523, 42, U.S.C. 201, et seq.; Toxic Substances 
Control Act (TSCA), 7 U.S.C. 136, et seq.; and Wild and Scenic Rivers 
Act, Pub.L. 90-542, 16 U.S.C. 1271, et seq.
    (b) In addition, the port must comply with the applicable NEPA 
requirements for preparation of a single, detailed environmental study.

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

Subpart A--General
Sec.
149.1 What does this part do?
149.5 What definitions apply to this part?
149.10 Where can I obtain a list of Coast Guard approved equipment?
149.15 What is the process for submitting alterations and 
modifications affecting the design and construction of a deepwater 
port?
Subpart B--Pollution Prevention Equipment
149.100 What does this subpart do?
149.103 What are the requirements for discharge containment and 
removal material and equipment?
149.105 What are the requirements for the overflow and relief 
valves?
149.110 What are the requirements for pipeline end manifold shutoff 
valves?
149.115 What are the requirements for blank flange and shutoff 
valves?
149.120 What are the requirements for manually operated shutoff 
valves?
149.125 What are the requirements for the malfunction detection 
system?
149.130 What are the requirements for the cargo transfer system 
alarm?
149.135 What should be marked on the cargo transfer system alarm 
switch?
149.140 What communications equipment must be on a deepwater port?
149.145 What are the requirements for curbs, gutters, drains, and 
reservoirs?
149.150 What are the requirements for the receipt of oil residues 
from vessels?
Subpart C--Lifesaving Equipment
149.300 What does this subpart do?

Manned Deepwater Port Requirements

149.301 What are the requirements for lifesaving equipment?
149.302 What are the requirements when lifesaving equipment is 
repaired or replaced?
149.303 What survival craft and rescue boats may be used on a manned 
deepwater port?
149.304 What type and how many survival craft and rescue boats must 
a manned deepwater port have?
149.305 What are the survival craft requirements for temporary 
personnel?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats?
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuation systems?
149.310 What are muster and embarkation requirements for survival 
crafts?
149.311 What are the launching and recovery requirements for 
lifeboats?
149.312 What are the launching equipment requirements for inflatable 
liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements for rescue 
boats?
149.315 What embarkation, launching, and recovery arrangements must 
rescue boats meet?
149.316 What are the requirements for lifejackets?
149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?

[[Page 762]]

149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring lifebuoys?
149.321 How many ring lifebuoys must be on each deepwater port?
149.322 Where must I locate ring lifebuoys and how must they be 
stowed?
149.323 What are the requirements for first aid kits?
149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be on a manned 
deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vests and deck 
suits?
149.328 How must I stow work vests and deck suits?
149.329 How must I mark work vests or deck suits?
149.330 When may I substitute a work vest or deck suit for a 
lifejacket?
149.331 What are the requirements for hybrid personal flotation 
devices?
149.332 What are the requirements for inflatable lifejackets?
149.333 What are the marking requirements for lifesaving equipment?

Unmanned Deepwater Port Requirements

149.334 Who must ensure compliance with the requirements for 
unmanned deepwater ports?
149.335 When are people prohibited from being on a unmanned 
deepwater port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring lifebuoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for a previously approved lifesaving 
equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipment that is 
not required by this subchapter?
Subpart D--Firefighting and Fire-Protection Equipment
149.400 What does this subpart apply to?
149.401 What are the general requirements for firefighting and fire-
protection equipment?
149.402 What equipment must be approved by the Coast Guard?
149.403 Use of alternate firefighting, fire prevention equipment, or 
procedures.

Firefighting Requirements

149.404 Firefighting equipment for which there is no Coast Guard 
standard.
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fire extinguisher?
149.407 Must fire extinguishers be on the deepwater port at all 
times?
149.408 What are the maintenance requirements for a fire 
extinguisher?
149.409 How many fire extinguishers do I need?
149.410 Where must a semi-portable fire extinguisher be located?
149.411 What are the requirements for fireman's outfits?
149.412 How many fire axes do I need?
149.413 On a manned deepwater port, what spaces require a fixed 
fire-extinguishing system?
149.414 What are the requirements for a fire-detection and alarm 
system?
149.415 What are the requirements for a fire-main on a manned 
deepwater port?
149.416 What are the requirements for fire pumps?
149.417 What are the requirements for fire hydrants?
149.418 What are the requirements for fire hoses?
149.419 What are the requirements for a dry chemical fire-
suppression system?
149.420 What firefighting equipment must a helicopter landing deck 
on a manned deepwater port have?
149.421 What fire-protection system must a helicopter fueling 
facility have?
149.422 Can the water supply for the helicopter deck fire-protection 
system be part of a firewater system?
149.423 What are the fire-protection requirements for escape routes?
149.424 What is the requirement for a previously approved fire-
detection and alarm system on a deepwater port?
Subpart E--Aids to Navigation

General

149.500 What does this subpart do?
149.505 What are the general requirements for aids to navigation?
149.510 Permission to establish an aid to navigation.

Lights

149.520 What are the general lighting requirements?

Lights on Platforms

149.535 What are the requirements for rotating beacons on platforms?

Lights on Single Point Moorings (SPM)

149.540 What are the requirements for obstruction lights on an SPM?

Lights on Floating Hose Strings

149.550 What are the requirements for lights on a floating hose 
string?

Lights on Buoys Used To Define Traffic Lanes

149.560 How must buoys used to define traffic lanes be marked and 
lighted?
149.565 What are the required characteristics and intensity of the 
lights on buoys used to define traffic lanes?

Miscellaneous

149.570 How is a platform, SPM, or STL identified?
149.575 How must objects protruding from the water, other than 
platforms and SPMs, be marked?
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?
Subpart F--Design and Equipment

General

149.600 What does this subpart do?
149.610 What must the District Commander be notified of and when?
149.615 What construction drawings and specifications are required?
149.620 What happens when the Commandant (G-M) reviews and evaluates 
the construction drawings and specifications?
149.625 What are the design standards?

Structural Fire-Protection

149.640 What are the requirements for systems fire-protection?
149.641 What are the requirements for structural fire-protection for 
deepwater ports in accommodation spaces and modules?

Single Point Moorings

149.650 What are the requirements for single point moorings and 
their attached hoses?

Helicopter Fueling Facilities

149.655 What are the requirements for helicopter fueling facilities?

Emergency Power

149.660 What are the requirements for emergency power?

General Alarm System

149.665 What are the requirements for a general alarm system?
149.670 What are the requirements for marking a general alarm 
system?

Public Address System

149.675 What are the requirements for the public address system?

Medical Treatment Rooms

149.680 What are the requirements for medical treatment rooms?
149.685 May I use a medical treatment room for other purposes?

Miscellaneous

149.690 What are the requirements for means of escape, personnel 
landings, guardrails, and similar devices and for noise limits?

Means of Escape

149.691 What means of escape are required?
149.692 Where must they be located?

Personnel Landings

149.693 What are the requirements for personnel landings on manned 
deepwater ports?

Guardrails and Similar Devices

149.694 What are the requirements for catwalks, floors, and 
openings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landing deck 
safety net?

Noise Limits

149.697 What are the requirements for a noise level survey?

[[Page 763]]

Portable Lights

149.700 What kind of portable lights may be used on a deepwater 
port?

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).

Subpart A--General


Sec. 149.1  What does this part do?

    This part provides requirements for the design and construction of 
deepwater ports. It also provides the requirements for equipment for 
deepwater ports.


Sec. 149.5  What definitions apply to this part?

    Definitions applicable to this part appear in 33 CFR 148.5. In 
addition, the following terms are used in this part and have the 
indicated meanings:
    Accommodation module means a module with one or more accommodation 
spaces that is individually contracted for and may be used on one or 
more facilities.
    Major conversion means a conversion, as determined by the 
Commandant (G-M), that substantially changes the dimensions of a 
facility, substantially changes the water depth capability of a fixed 
facility, substantially changes the carrying capacity of a floating 
facility, changes the type of a facility, substantially prolongs the 
life of a facility, or otherwise so changes the facility that it is 
essentially a new facility.
    Service space means a space used for a galley, pantry containing 
cooking appliances, storeroom, or workshop other than those in 
industrial areas and trunks to those spaces.
    Sleeping space means a space provided with bunks for sleeping.


Sec.  149.10  Where can I obtain a list of Coast Guard approved 
equipment?

    Where equipment in this subchapter must be of an approved type, the 
equipment must be specifically approved by the Commandant (G-M), and 
the Marine Safety Center for engineering equipment. A list of approved 
equipment, including all of the approval series, is available at: 
http://cgmix.uscg.mil/Equipment.


Sec.  149.15  What is the process for submitting alterations and 
modifications affecting the design and construction of a deepwater 
port?

    (a) Alterations and modifications affecting the design and 
construction of a deepwater port must be submitted to Commandant (G-M) 
for review and approval if:
    (1) A license has not yet been issued; or,
    (2) A license has been issued but the port has not commenced 
operations; or,
    (3) The alteration and modification are deemed a major conversion; 
or,
    (4) The alteration or modification substantially changes the manner 
in which the port operates or is not in accordance with a condition of 
the license.
    (b) All other alterations and modifications to the deepwater port 
must be submitted to the OCMI for review and approval.
    (c) Approval for alterations and modifications proposed after a 
license has been issued will be contingent upon whether the proposed 
changes will affect the way the port operates or any conditions imposed 
in the license.
    (d) The licensee is not authorized to proceed with alterations 
prior to approval by Commandant (G-M) for the conditions outlined in 
paragraph (a) and approval by the cognizant OCMI as required in 
paragraph (b) of this section.
    (e) Commandant (G-M), during the review and approval process of a 
proposed alteration or modification, may consult with the Marine Safety 
Center and cooperating federal agencies possessing relevant technical 
expertise.

Subpart B--Pollution Prevention Equipment


Sec.  149.100  What does this subpart do?

    This subpart provides requirements for pollution equipment on 
deepwater ports.


Sec.  149.103  What are the requirements for discharge containment and 
removal material and equipment?

    (a) Each deepwater port must have a facility response plan that 
meets the requirements outlined in subpart F of part 154 of this 
chapter and be approved by the cognizant COTP.
    (b) The facility response plan must identify adequate spill 
containment and removal equipment for port-specific spill scenarios.
    (c) Response equipment and material must be pre-positioned for 
ready access and use onboard the deepwater port.


Sec.  149.105  What are the requirements for the overflow and relief 
valves?

    (a) Each oil and natural gas transfer system (OTS/NGTS) must 
include a relief valve that, when activated, prevents pressure on any 
component of the OTS/NGTS from exceeding its maximum rated pressure.
    (b) The transfer system overflow or relief valve must not allow a 
discharge into the sea.


Sec.  149.110  What are the requirements for pipeline end manifold 
shutoff valves?

    Each pipeline end manifold must have a shutoff valve capable of 
operating both manually and from the pumping platform complex.


Sec.  149.115  What are the requirements for blank flange and shutoff 
valves?

    Each floating hose string must have a blank flange and a shutoff 
valve at the vessel's manifold end.


Sec.  149.120  What are the requirements for manually operated shutoff 
valves?

    Each oil and natural gas transfer line, passing through an SPM 
buoy, must have a manual shutoff valve on the buoy.


Sec.  149.125  What are the requirements for the malfunction detection 
system?

    (a) Each oil and natural gas system, between a pumping platform 
complex and the shore, must have a system that can detect and locate 
leaks and other malfunctions, particularly in high-risk areas.
    (b) The marine transfer area on an oil deepwater port must be 
equipped with a monitoring system in accordance with 154.525 of this 
chapter.
    (c) A natural gas deepwater port must be equipped with gas 
detection equipment adequate for the type of transfer system (including 
storage and re-gasification) used. Commandant (G-M) will evaluate 
proposed leak detection systems for natural gas on an individual basis.


Sec.  149.130  What are the requirements for the cargo transfer system 
alarm?

    (a) Each cargo transfer system must have an alarm to signal a 
malfunction or failure in the system.
    (b) The alarm must sound automatically in the control room and:
    (1) Be capable of being activated at the pumping platform complex;
    (2) Have a signal audible in all areas of the pumping platform 
complex, except in areas under paragraph (b)(3) of this section;
    (3) Have a high intensity flashing light in areas of high ambient 
noise levels where hearing protection is required under 150.615 of this 
chapter; and
    (4) Be distinguishable from the general alarm.
    (c) Tankers calling on unmanned deepwater ports must be equipped 
with a transfer system alarm described in this section.


Sec.  149.135  What should be marked on the cargo transfer system alarm 
switch?

    Each switch for activating an alarm, and each audio or visual 
device for signaling an alarm, under 149.130, must

[[Page 764]]

be identified by the words ``OIL TRANSFER ALARM'' or ``NATURAL GAS 
TRANSFER ALARM'' in red letters at least 1 inch high on a yellow 
background.


Sec.  149.140  What communications equipment must be on a deepwater 
port?

    (a) Each deepwater port must have the following communications 
equipment:
    (1) A means of continuous two-way voice communication among the 
deepwater port and the tankers, support vessels, and other vessels 
operating at the port. The means must be usable and effective in all 
phases of a transfer and in all conditions of weather at the port;
    (2) A means to effectively indicate the need to use the 
communication system required by paragraph (a) of this section, even if 
the means is the communication system itself; and
    (3) Equipment that, for each portable means of communication used 
to meet the requirements of this section, is:
    (i) Certified under 46 CFR 111.105-11 to be operated in Group D, 
Class 1, Division 1 Atmosphere; and,
    (ii) Permanently marked with the certification required in 
paragraph (a)(3)(i) of this section. As an alternative to this marking 
requirement, a document certifying that the portable radio devices in 
use are in compliance with this section may be kept at the deepwater 
port.
    (b) The communication system of the tank ship mooring at an 
unmanned port will be deemed the primary means of communicating with 
support vessels, shore side, etc.


Sec.  149.145  What are the requirements for curbs, gutters, drains, 
and reservoirs?

    Each pumping platform complex must have enough curbs, gutters, 
drains, and reservoirs to collect, in the reservoirs, all oil and 
contaminants not authorized for discharge into the ocean according to 
the port's National Pollution Discharge Elimination System (NPDES) 
permit.

Subpart C--Lifesaving Equipment


Sec. 149.300  What does this subpart do?

    This subpart provides requirements for lifesaving equipment on 
deepwater ports.

Manned Deepwater Port Requirements


Sec.  149.301  What are the requirements for lifesaving equipment?

    (a) Each deepwater port on which at least one person occupies an 
accommodation space for more than 30 consecutive days, in any 
successive 12-month period, must comply with the requirements for 
lifesaving equipment in this subpart.
    (b) Each deepwater port, not under paragraph (a) of this section, 
must comply with the requirements for lifesaving equipment for unmanned 
deepwater ports in this subpart.


Sec.  149.302  What are the requirements when lifesaving equipment is 
repaired or replaced?

    When lifesaving equipment is replaced or when the deepwater port 
undergoes a repair, alteration, or modification that involves replacing 
or adding to the lifesaving equipment complement, the new lifesaving 
equipment must meet the requirements of this subpart.


Sec.  149.303  What survival craft and rescue boats may be used on a 
manned deepwater port?

    (a) Each survival craft on a manned deepwater port must be one of 
the following:
    (1) A lifeboat meeting the requirements of 149.306 to this subpart; 
or
    (2) A liferaft meeting the requirements of 149.308 to this subpart.
    (b) Each rescue boat on a manned deepwater port must be a rescue 
boat meeting the requirements of Sec.  149.314 to this part.


Sec.  149.304  What type and how many survival craft and rescue boats 
must a manned deepwater port have?

    (a) Except as specified under Sec.  149.305 to this subpart, each 
manned deepwater port must have at least the type and number of 
survival craft and the number of rescue boats indicated for the 
deepwater port in paragraphs (a)(1) through (a)(5) of this section.
    (1) For a deepwater port with 30 or fewer persons onboard:
    (i) One or more lifeboats with a total capacity of 100 percent of 
the personnel onboard;
    (ii) One or more liferafts with a total capacity of 100 percent of 
the personnel onboard; and
    (iii) One rescue boat, except that the rescue boat is not required 
for deepwater ports with 8 or fewer persons onboard.
    (2) For a deepwater port with 31 or more persons onboard:
    (i) At least two lifeboats with a total capacity of 100 percent of 
the personnel onboard;
    (ii) One or more liferafts with a total capacity so that, if the 
survival craft at any one location are rendered unusable, there will be 
craft remaining with 100 percent capacity; and
    (iii) One rescue boat.
    (3) Lifeboats may be substituted for liferafts.
    (4) Capacity refers to the total number of persons on the deepwater 
port at any one time, not including temporary personnel. Temporary 
personnel include: contract workers, official visitors, and any other 
persons who are not permanent employees. See Sec.  149.305 in this 
subpart for additional survival craft requirements when temporary 
personnel are onboard.
    (5) The required lifeboats may be used as rescue boats if the 
lifeboats also meet the requirements for rescue boats in Sec.  149.314 
to this subpart.
    (b) Deepwater ports consisting of novel structures or a combination 
of fixed and/or floating structures may require additional survival 
craft as deemed necessary by Commandant (G-M). In these cases, the type 
and number of survival craft must be specified in the operations 
manual.


Sec.  149.305  What are the survival craft requirements for temporary 
personnel?

    (a) When temporary personnel are onboard a manned deepwater port 
and the complement exceeds the capacity of the survival craft required 
under 149.304 to this subpart, the port must have additional liferafts 
to ensure that the total capacity of the survival craft is not less 
than 200 percent of the personnel on board at any time.
    (b) The liferafts required in paragraph (a) of this section need 
not meet the launching requirements of paragraph (b) to Sec.  149.308 
of this subpart, but must comply with the stowage requirements of 46 
CFR 108.530(c).


Sec.  149.306  What are the requirements for lifeboats?

    (a) Lifeboats must be:
    (1) Totally enclosed and Coast Guard-approved fire-protected 
lifeboats; and
    (2) If the hull or canopy is of aluminum, it must be protected in 
its stowage position by a water-spray system meeting 46 CFR 34.25.
    (b) Each lifeboat must have at least the provisions and survival 
equipment required by 46 CFR 108.575(b).
    (c) Except for boathooks, the equipment under paragraph (b) of this 
section must be securely stowed in the lifeboat.
    (d) Each lifeboat must have a list of the equipment it is required 
to carry under paragraph (c) of this section. The list must be posted 
in the lifeboat.
    (e) The manufacturer's instructions for maintenance and repair of 
the lifeboat, required under paragraph (a) to Sec.  150.502 of this 
chapter, must be in the lifeboat or on a deepwater port.


Sec.  149.307  What are the requirements for free-fall lifeboats?

    All free-fall lifeboats must be approved under approval series 46 
CFR 160.135.

[[Page 765]]

Sec.  149.308  What are the requirements for liferafts?

    (a) All liferafts must be an inflatable liferaft--approved under 
approval series 46 CFR 160.151, or a rigid liferaft--approved under 
approval series 46 CFR 160.118.
    (b) Except as under paragraph (b) to 149.305 of this subpart, each 
inflatable or rigid liferaft, boarded from a deck that is more than 14 
feet 9 inches above the water, must be davit launched or served by a 
marine evacuation system complying with 149.309 to this subpart.


Sec.  149.309  What are the requirements for marine evacuation systems?

    All marine evacuation systems must be Coast Guard-approved, and 
comply with the launching arrangement requirements for MODU in 46 CFR 
108.545.


Sec.  149.310  What are the muster and embarkation requirements for 
survival craft?

    Muster and embarkation arrangements for survival craft must comply 
with 46 CFR 108.540.


Sec.  149.311  What are the launching and recovery requirements for 
lifeboats?

    (a) Each lifeboat launched by falls, must have a launching and 
recovery system that complies with 46 CFR 108.555.
    (b) Each free-fall lifeboat must have a launching and recovery 
system that complies with 46 CFR 108.557.


Sec.  149.312  What are the launching equipment requirements for 
inflatable liferafts?

    (a) Each inflatable liferaft, not intended for davit launching, 
must be capable of rapid deployment.
    (b) Each davit-launchable liferaft must have the following 
launching equipment at each launching station:
    (1) A launching device approved under approval series 46 CFR 
160.163; and
    (2) A mechanical disengaging apparatus approved under the approval 
series 46 CFR 160.170.
    (c) The launching equipment must be operative, both from the 
liferaft and from the deepwater port.
    (d) Winch controls must be located so that the operator can observe 
the liferaft launching.
    (e) The launching equipment must be arranged so that a loaded 
liferaft does not have to be lifted before it is lowered.
    (f) Not more than two liferafts may be launched from the same set 
of launching equipment.


Sec.  149.313  How must survival craft be arranged?

    The operator must arrange survival craft so that they meet the 
requirements of 46 CFR 108.525 (a) and 108.530 and:
    (a) Are readily accessible in an emergency;
    (b) Are accessible for inspection, maintenance, and testing;
    (c) Are in locations clear of overboard discharge piping (or 
openings) and obstructions below; and
    (d) Have the aggregate capacity to accommodate the total number of 
persons authorized to be berthed and are located so as to provide ready 
access to the personnel berthing area.


Sec.  149.314  What are the approval and stowage requirements for 
rescue boats?

    (a) Rescue boats must be approved under approval series 46 CFR 
160.156. A lifeboat is acceptable as a rescue boat if it also meets the 
requirements for a rescue boat under approval series 46 CFR 160.156.
    (b) The stowage of rescue boats must comply with 46 CFR 108.565.


Sec.  149.315  What embarkation, launching, and recovery arrangements 
must rescue boats meet?

    (a) Each rescue boat must be capable of being launched in a current 
of up to 5 knots. A painter may be used to meet this requirement.
    (b) Each rescue boat embarkation and launching arrangement must 
permit the rescue boat to be boarded and launched in the shortest 
possible time.
    (c) If the rescue boat is one of the deepwater port's survival 
craft, the rescue boat must comply with the muster and embarkation 
arrangement requirements of 149.310.
    (d) The rescue boat must comply with the embarkation arrangement 
requirements of 46 CFR 108.555.
    (e) If the launching arrangement uses a single fall, the rescue 
boat may have an automatic disengaging apparatus, approved under 
approval series 46 CFR 160.170, instead of a lifeboat release 
mechanism.
    (f) The rescue boat must be capable of being recovered rapidly when 
loaded with its full complement of persons and equipment. If a lifeboat 
is being used as a rescue boat, rapid recovery must be possible when 
loaded with its lifeboat equipment and a rescue boat's complement of at 
least six persons.
    (g) Each rescue boat-launching appliance must be fitted with a 
powered winch motor.
    (h) Each rescue boat-launching appliance must be capable of 
hoisting the rescue boat, when loaded with a rescue boat's full 
complement of persons and equipment, at a rate of not less than 59 feet 
per minute.
    (i) The operator may use an onboard crane to launch a rescue boat 
if the crane's launching system meets the requirements of this section.


Sec.  149.316  What are the requirements for lifejackets?

    (a) Each lifejacket must be approved under approval series 46 CFR 
160.002, 160.005, 160.055, 160.077, or 160.176.
    (b) Each lifejacket must have a lifejacket light--approved under 
approval series 46 CFR 161.012. Each light must be securely attached to 
the front shoulder area of the lifejacket.
    (c) Each lifejacket must have a whistle permanently attached to the 
lifejacket by a cord.
    (d) Each lifejacket must be marked with Type I retro-reflective 
material--approved under approval series 46 CFR 164.018.


Sec.  149.317  How and where must lifejackets be stowed?

    (a) The operator must ensure that lifejackets are stowed, in 
readily accessible places, in, or adjacent to, accommodation spaces.
    (b) Lifejacket stowage containers, and the spaces housing the 
containers, must not be capable of being locked.
    (c) The operator must mark each lifejacket container, or lifejacket 
stowage location, with the words ``LIFEJACKETS'' in block letters and 
the quantity, identity, and size of the lifejackets stowed inside the 
containers or stowed at the location.


Sec.  149.318  Must every person on the port have a lifejacket?

    The operator must provide a lifejacket that complies with 149.316 
to this subpart, for each person on a manned deepwater port.


Sec.  149.319  What additional lifejackets must I have?

    For each person on duty in a location where the lifejacket required 
by 149.317 of this subpart is not readily accessible, an additional 
lifejacket must be stowed so as to be readily accessible to that 
location.


Sec.  149.320  What are the requirements for ring lifebuoys?

    (a) Ring lifebuoys must be approved under approval series 46 CFR 
160.050 or 160.150 (for SOLAS-approved equipment).
    (b) Each ring lifebuoy must have a floating, electric water light--
approved under approval series 46 CFR 161.010. The operator must ensure 
that the light to the ring lifebuoy is attached by a lanyard of 12-
thread manila, or a

[[Page 766]]

synthetic rope of equivalent strength, not less than 3 feet nor more 
than 6 feet in length. The light must be mounted on a bracket near the 
ring lifebuoy so that, when the ring lifebuoy is cast loose, the light 
will be pulled free of the bracket.
    (c) To each ring lifebuoy, there must be attached a buoyant line of 
100 feet in length, with a breaking strength of at least 5 KiloNewtons 
force. The end of the line must not be secured to the deepwater port.
    (d) Each ring lifebuoy must be marked with Type II retro-reflective 
material--approved under approval series 46 CFR 164.018.


Sec.  149.321  How many ring lifebuoys must be on each deepwater port?

    There must be at least four approved ring lifebuoys on each manned 
deepwater port.


Sec.  149.322  Where must ring lifebuoys be located and how must they 
be stowed?

    (a) The operator must locate one ring lifebuoy on each side of the 
port and one near each external stairway leading to the water. One buoy 
may be used to satisfy both these requirements.
    (b) Each ring lifebuoy must be stowed on or in a rack that is 
readily accessible in an emergency. The ring lifebuoy must not be 
permanently secured in any way to the rack or the deepwater port.


Sec.  149.323  What are the requirements for first aid kits?

    (a) Each manned deepwater port must have an industrial first aid 
kit approved by an appropriate organization (e.g., American Red Cross) 
for the maximum number of persons on the deepwater port.
    (b) The first aid kit must be maintained in a space designated as a 
medical treatment room or, if there is no medical treatment room, under 
the custody of the person in charge.
    (c) The operator must ensure that each first aid kit is accompanied 
by a copy of DHHS Publication No. (PHS) 84-2024: ``The Ship's Medicine 
Chest and Medical Aid at Sea''--available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, or 
the ``American Red Cross First Aid and Safety Handbook''--available 
from Little Brown and Company, 3 Center Plaza, Boston, MA 02018.


Sec.  149.324  What are the requirements for litters?

    Each manned deepwater port must have at least one Stokes litter, or 
other suitable litter, capable of being safely hoisted with an injured 
person. The litter must be readily accessible in an emergency.


Sec.  149.325  What emergency communications equipment must be on a 
manned deepwater port?

    Each manned deepwater port must have a radio, telephone, or other 
means of emergency communication with the shore, vessels, and 
facilities in the vicinity in the event the primary communications 
system outlined in Sec.  149.140 fails. This communication equipment 
must have an emergency power source.


Sec.  149.326  What are the immersion suit requirements?

    Each manned deepwater port, located North of 32 degrees North 
latitude, must comply with the immersion suit requirements in 46 CFR 
part 108.


Sec.  149.327  What are the approval requirements for work vests and 
anti-exposure suits?

    All work vests and anti-exposure (deck) suits, on a manned 
deepwater port, must be of a buoyant type approved under:
    (a) Approval series 46 CFR 160.053 as a work vest;
    (b) Approval series 46 CFR 160.053 or 160.153 as an anti-exposure 
suit; or
    (c) Approval series 46 CFR 160.077 as a commercial hybrid personal 
flotation device.


Sec.  149.328  How must work vests and anti-exposure (deck) suits be 
stowed?

    All work vests and deck suits must be stowed separately from 
lifejackets and in a location that is not easily confused with a 
storage area for lifejackets.


Sec.  149.329  How must work vests and deck suits be marked?

    All work vests and deck suits must be marked with Type II retro-
reflective material--approved under approval series 46 CFR 164.018.


Sec.  149.330  When may a work vest or deck suit be substituted for a 
lifejacket?

    (a) A work vest or deck suit meeting Sec.  149.326 of this subpart 
may be used instead of a lifejacket, when personnel are working near or 
over water.
    (b) Work vests or deck suits may not be substituted for any portion 
of the number of approved lifejackets required to be on the deepwater 
port or an attending vessel for use during drills and emergencies.


Sec.  149.331  What are the requirements for hybrid personal flotation 
devices?

    (a) The operator must ensure use and stowage of all commercial 
hybrid personal flotation devices (PFDs) used as work vests under:
    (1) The procedures in the manual required for these devices in 46 
CFR 160.077-29; and
    (2) All limitations, if any, marked on them.
    (b) All commercial hybrid PFDs on the deepwater port must be of the 
same or similar design and must have the same method of operation.


Sec.  149.332  What are the requirements for inflatable lifejackets?

    (a) Each inflatable lifejacket must be approved under approval 
series 46 CFR 160.176.
    (b) All inflatable lifejackets on a deepwater port must:
    (1) Be used and stowed under the procedures in the manual required 
for these lifejackets under 46 CFR 160.176-21;
    (2) Be marked with all limitations, if any; and
    (3) Be of the same or similar design and must have the same method 
of operation.


Sec.  149.333  What are the marking requirements for lifesaving 
equipment?

    (a) Each lifeboat, rigid liferaft, and survival capsule must be 
marked on two opposite outboard sides with the name, number, or other 
inscription identifying the deepwater port on which placed and the 
number of persons permitted on the craft. Each paddle or oar for these 
crafts must be marked with an inscription identifying the deepwater 
port. The letters and numbers must be at least 100 millimeters (3.94 
inches) high on a contrasting background.
    (b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-
33, and after each servicing, 46 CFR 160.151-57(m).
    (c) All lifejackets and ring lifebuoys must be conspicuously marked 
with the name, number, or other inscription identifying the deepwater 
port on which placed. The letters and numbers must be at least 1.5 
inches high on a contrasting background. Lifejackets and ring lifebuoys 
that accompany mobile crews to unmanned deepwater ports may be marked 
with the operator's name and field designation.

Unmanned Deepwater Port Requirements


Sec.  149.334  Who must ensure compliance with the requirements for 
unmanned deepwater ports?

    The owner or operator of an unmanned deepwater port must ensure 
that applicable requirements are complied with on their deepwater port.


Sec.  149.335  When are people prohibited from being on a unmanned 
deepwater port?

    No person may be on a unmanned deepwater port unless all 
requirements of this part are met.

[[Page 767]]

Sec.  149.336  What are the requirements for lifejackets?

    (a) Except as under paragraph (b) of this section, each unmanned 
deepwater port must have at least one lifejacket complying with 149.316 
to this subpart, for each person on the deepwater port. The lifejackets 
need to be available for use on the port only when persons are onboard.
    (b) During helicopter visits, personnel who have aircraft type 
lifejackets may use them as an alternative to the requirements of 
paragraph (a) of this section.


Sec.  149.337  What are the requirements for ring lifebuoys?

    (a) Each unmanned deepwater port must have at least one ring 
lifebuoy complying with 149.320 to this subpart.
    (b) If there is no space on the deepwater port for the ring 
lifebuoys, they must be on a manned vessel located alongside of the 
deepwater port while the persons are on the port.


Sec.  149.338  What are the requirements for immersion suits?

    (a) Each unmanned deepwater port, located North of 32 degrees North 
latitude, must comply with the immersion suit requirements applicable 
to MODU under 46 CFR 108.580-- approval series 46 CFR 160.171. Except 
as under paragraph (b) of this section, the immersion suits need be on 
the deepwater port only when persons are onboard.
    (b) If an attending vessel is moored to the unmanned deepwater 
port, the suits may be stowed on the vessel, instead of on the 
deepwater port.


Sec.  149.339  What is the requirement for a previously approved 
lifesaving equipment on a deepwater port?

    Lifesaving equipment (e.g., lifeboats, life rafts, PFDs) on a 
deepwater port on January 1, 2004, need not meet the requirements in 
this subpart until the equipment needs replacing, provided it is 
periodically tested and maintained in good operational condition.


Sec.  149.340  What are the requirements for lifesaving equipment that 
is not required by this subchapter?

    Each item of lifesaving equipment on a deepwater port that is not 
required by this subchapter must be approved by the Commandant (G-M).

Subpart D--Firefighting and Fire-Protection Equipment


Sec.  149.400  What does this subpart apply to?

    This subpart applies to all deepwater ports with the exception of 
an unmanned port consisting of a submerged turret loading (STL) or 
comparable configuration in which cargo transfer operations are 
conducted solely aboard the tank vessel by the vessel crew.


Sec.  149.401  What are the general requirements for firefighting and 
fire-protection equipment?

    Each deepwater port must comply with the requirements for 
firefighting and fire-protection equipment in this subpart.


Sec.  149.402  What equipment must be approved by the Coast Guard?

    Except as permitted under 149.403, 149.415 (c) or (d), 149.421 (a), 
or 149.422, all required firefighting and fire-protection equipment on 
a deepwater port must be approved by the Commandant (G-MSE). 
Firefighting and fire-protection equipment that supplements required 
equipment must also be approved by the Commandant (G-MSE) unless 
approval by the OCMI is requested and granted pursuant to 149.403 of 
this subpart.


Sec.  149.403  Use of alternate firefighting, fire prevention 
equipment, or procedures.

    (a) The operator may request the use of alternate equipment or 
procedures for those required in this subchapter.
    (b) Upon request, the OCMI may allow the use of alternate equipment 
or procedures if they will:
    (1) Accomplish the purposes for the requirement; and
    (2) Provide a degree of safety equivalent to, or greater than, that 
provided by the requirement.
    (c) The OCMI may require that the requesting party:
    (1) Explain why applying the requirement would be unreasonable or 
impracticable; or
    (2) Submit engineering calculations, tests, or other data to 
demonstrate how the requested alternative would comply with paragraph 
(b) of this section.
    (d) The OCMI may determine, on a case-by-case basis, that 
Commandant (G-MSE) must approve the use of the alternate equipment or 
procedure.

Firefighting Requirements


Sec.  149.404  Can I use firefighting equipment for which there is no 
Coast Guard standard?

    A deepwater port may use firefighting equipment for which there is 
no Coast Guard standard, as excess equipment, if the equipment does not 
endanger the port or the persons aboard in any way. This equipment must 
be listed and labeled by a nationally recognized testing laboratory and 
it must be maintained in good working condition.


Sec.  149.405  How are fire extinguishers classified?

    (a) Portable and semi-portable extinguishers on a manned deepwater 
port must be classified using the Coast Guard's marine rating system of 
combination letter and number symbol. The letter indicates the type of 
fire that the extinguisher is designed to extinguish, and the number 
indicates the relative size of the extinguisher.
    (b) The letter designations are as follows:
    (1) ``A'' for fires in ordinary combustible materials where the 
quenching and cooling effects of quantities of water, or solutions 
containing large percentages of water, are of first importance;
    (2) ``B'' for fires in flammable liquids, greases, or other thick 
flammable substances, where a blanketing effect is essential; and
    (3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of first importance.
    (c) The number designations for size range from ``I'' for the 
smallest extinguisher to ``V'' for the largest. Sizes I and II are 
portable extinguishers. Sizes III, IV, and V are semi-portable 
extinguishers which must be fitted with suitable hose and nozzle or 
other practicable means so that all portions of the space concerned may 
be covered. Examples of size graduations for some of the typical 
portable and semi-portable extinguishers are set forth in table 
149.405.

                             Table 149.405--Portable and Semi-portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                   Carbon dioxide        Dry chemical kilograms
      Classification type-size         Foam liters (gallons)     kilograms (pounds)             (pounds)
----------------------------------------------------------------------------------------------------------------
A-II................................  9.5 (2.5)..............  ......................  2.25(5) \1\
B-II................................  9.5 (2.5)..............  6.7 (15)..............  4.5 (10)
C-II................................  .......................  6.7 (15)..............  4.5 (10)

[[Page 768]]

 
B-IV................................  7.6 (20)...............  22.5 (50).............  13.5 (30)
B-V.................................  15.2 (40)..............  45 (100) \2\..........  22.5 (50) \2\
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Must be specifically approved as a type ``A,'' ``B,'' or ``C'' extinguisher.
\2\ For outside use, double the quantity of agent that must be carried.

Sec.  149.406  What are the approval requirements for a fire 
extinguisher?

    All portable and semi-portable fire extinguishers must be of an 
approved type under 46 CFR part 162, subparts 162.028 and 162.039, 
respectively.


Sec.  149.407  Must fire extinguishers be on the deepwater port at all 
times?

    (a) On a manned deepwater port, the fire extinguishers required by 
149.409 to this subpart must be on the deepwater port at all times.
    (b) On an unmanned deepwater port, the fire extinguishers required 
by 149.409 to this part need be on the deepwater port only when 
personnel are working on the deepwater port during cargo transfer 
operations or performing maintenance duties.


Sec.  149.408  What are the maintenance requirements for a fire 
extinguisher?

    All fire extinguishers must be maintained in good working order and 
serviced annually in accordance with 46 CFR 107.235.


Sec.  149.409  How many fire extinguishers are needed?

    Each particular location must have the number of fire extinguishers 
required by table 149.409.

    Table 149.409--Portable and Semi-Portable Extinguishers, Minimum
                          Quantity and Location
------------------------------------------------------------------------
                                                       Minimum quantity
              Space                 Classification       and location
------------------------------------------------------------------------
(a) Safety Areas:
    (1) Communicating corridors.  A-II..............  One in each main
                                                       corridor or
                                                       stairway not more
                                                       than 150 feet
                                                       apart.
    (2) Radio room..............  C-II..............  One outside of or
                                                       near each radio
                                                       room exit.
(b) Accommodation Spaces: (1)     A-II..............  One in each
 Sleeping quarters.                                    sleeping space
                                                       for more than
                                                       four persons.
(c) Service Spaces:
    (1) Galleys.................  B-II or CII.......  One for each 2,500
                                                       square feet or
                                                       fraction thereof
                                                       for hazards
                                                       involved.
    (2) Storerooms..............  A-II..............  One for each 2,500
                                                       square feet or
                                                       fraction thereof
                                                       located near each
                                                       exit, either
                                                       inside or outside
                                                       of the space.
    (3) Paint room..............  B-II..............  One outside each
                                                       paint room exit.
(d) Machinery Spaces:
    (1) Gas-fired boilers.......  B-II OR C-II......  Two.
    (2) Gas-fired boilers.......  B-V...............  One.\1\
    (3) Oil-fired boilers.......  B-II..............  Two.
    (4) Oil-fired boilers.......  B-V...............  Two.\1\
    (5) Internal combustion or    B-II..............  One for each
     gas turbine engines.                              engine.\2\
    (6) Electric motors and       C-II..............  One for each two
     generators, both of the                           motors or
     open type.                                        generators.\3\
(e) Helicopter Areas:
    (1) Helicopter landing decks  B-V...............  One at each access
                                                       route.
    (2) Helicopter fueling        B-V...............  One at each fuel
     facility.                                         transfer
                                                       facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
  atmosphere at all times, one B-II may be used for every three engines.
 
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
  paragraph of this part.

Sec.  149.410  Where must a portable or semi-portable fire extinguisher 
be located?

    All portable and semi-portable fire extinguishers under table 
149.409 must be located in the open so as to be readily seen.


Sec.  149.411  What are the requirements for fireman's outfits?

    (a) Each manned deepwater port with nine or more persons must have 
at least two fireman's outfits complying with 46 CFR 108.497.
    (b) The person in charge of safety must ensure that:
    (1) At least two people trained in the use of fireman's outfits are 
on the deepwater port at all times;
    (2) Each fireman's outfit and its spare equipment are stowed 
together in a readily accessible container or locker; that no more than 
one outfit is stowed in the same container or locker and that the two 
containers or lockers are located in separate areas to ensure that at 
least one is available at all times in the event of a fire; and
    (3) Fireman's outfits are not used for any purpose other than 
firefighting.


Sec.  149.412  How many fire axes are needed?

    Each manned deepwater port must have at least two fire axes per 46 
CFR 108.499.

[[Page 769]]

Sec.  149.413  On a manned deepwater port, what spaces require a fixed 
fire-extinguishing system?

    The manned deepwater port spaces or systems listed in paragraphs 
(a) through (c) of this section must be protected by an approved fixed-
gaseous, or other approved fixed-type, extinguishing system.
    (a) Paint lockers of capacity in excess of 200 cubic feet and 
similar spaces containing flammable liquids.
    (b) Galley range or deep fat fryer.
    (c) Each enclosed space containing internal combustion or gas 
turbine machinery, with an aggregate power of more than 1,000 B.H.P., 
and any associated fuel oil units, purifiers, valves, or manifolds.


Sec.  149.414  What are the requirements for a fire-detection and alarm 
system?

    (a) All accommodation and service spaces, on a manned deepwater 
port, and all spaces or systems of a deepwater port that process, 
store, transfer, and re-gasify liquefied natural gas, must have an 
automatic fire-detection and alarm system. The system must either 
comply with 46 CFR 108.405 or be designed and installed in compliance 
with a national consensus standard, as that term is defined in 29 CFR 
1910.2, for fire-detection and fire alarm systems, and that complies 
with standards set by a nationally recognized testing laboratory, as 
that term is defined in 29 CFR 1910.7, for such systems or hardware.
    (b) Sleeping quarters must be fitted with smoke detectors that have 
local alarms and that may, or may not, be connected to the central 
alarm panel.
    (c) Each fire-detection and fire alarm system must have a visual 
alarm and an audible alarm at a normally manned area.
    (d) Each fire-detection and fire alarm system must be divided into 
zones to limit the area covered by a particular alarm signal.


Sec.  149.415  What are the requirements for a fire-main system on a 
manned deepwater port?

    (a) Each pumping platform complex must have a fixed fire-main 
system. The system must either:
    (1) Comply with 46 CFR 108.415 through 108.429; or
    (2) Comply with a national consensus standard, as that term is 
defined in 29 CFR 1910.2, for such systems and hardware and comply with 
the standards set by a nationally recognized testing laboratory, as 
that term is defined in 29 CFR 1910.7, for such systems and hardware.
    (b) If the fire-main system meets the requirements outlined in 
paragraph (a)(2) of this section, it must provide, at a minimum, 
protection to:
    (1) Accommodation spaces;
    (2) Accommodation modules;
    (3) Control spaces; and
    (4) Other areas frequented by port personnel. The hose system must 
be capable of reaching all parts of these spaces without difficulty.
    (d) The fire-main system, under paragraph (a)(2) of this section, 
may be part of a firewater system in accordance with 30 CFR 250.803.
    (e) A fire-main system for a natural gas deepwater port must also 
comply with 33 CFR 127.607.


Sec.  149.416  What are the requirements for fire pumps?

    (a) Each manned deepwater port must have at least two independently 
driven fire pumps. Each pump must be able to simultaneously deliver two 
streams of water at a pitot tube pressure of at least 50 p.s.i/345 
k.p.a (75 p.s.i./520 k.p.a. for a natural gas deepwater port)--measured 
at the two most remote nozzles.
    (b) Each fire pump must have:
    (1) A relief valve on its discharge side that is set to relieve at 
25 p.s.i/173 k.p.a in excess of the pressure necessary to meet the 
requirement in paragraph (a) of this section;
    (2) A pressure gauge on its discharge side; and
    (3) Its own sea connection.
    (c) Fire pumps may only be connected to the fire-main system.
    (d) The fire pumps required by paragraph (a) of this section must 
be located in separate spaces and the arrangement of pumps, sea 
connections, controls, and sources of power must be such as to ensure 
that a fire, in any one space, will not put all of the fire pumps out 
of service.
    (e) The fire pumps must be capable of being started and stopped 
from outside the spaces in which they are located.


Sec.  149.417  What are the requirements for fire hydrants?

    (a) Fire hydrants must comply with 46 CFR 108.423.
    (b) A single length of fire hose, with an attached nozzle, must be 
connected to each fire hydrant at all times. If the hose is exposed to 
freezing weather, it may be removed from the location during freezing 
weather.
    (c) Each fire hydrant must have a shutoff valve.
    (d) Any equipment that is located in the same space as the fire 
hydrant must not impede access to the hydrant.
    (e) Each fire hydrant must have at least one spanner wrench at the 
fire hydrant.


Sec.  149.418  What are the requirements for fire hoses and fire 
nozzles?

    (a) Fire hoses must comply with 46 CFR 108.425 and be:
    (1) Prominently marked in accordance with 46 CFR 97.37-15; and
    (2) If in an exposed location, protected from freezing weather.
    (b) Each fire hose and nozzle must comply with 46 CFR 108.425 or a 
national consensus standard, as that term is defined in 29 CFR 1910.2, 
for such hose and nozzle and the standards set by a nationally 
recognized testing laboratory, as that term is defined in 29 CFR 
1910.7, for such hose.


Sec.  149.419  What are the requirements for a dry chemical fire-
suppression system?

    Each natural gas deepwater port must be equipped with a dry 
chemical system that meets the requirements of Sec.  127.609 to this 
chapter.


Sec.  149.420  What firefighting equipment must a helicopter landing 
deck on a manned deepwater port have?

    Each helicopter landing deck on a manned deepwater port must have 
the following:
    (a) A fire hydrant and hose located near each stairway access to 
the landing deck. If the landing deck has more than two stairway 
accesses, only two stairway accesses need to have a fire hydrant and 
hose. The fire hydrants must be part of the fire-main system; and
    (b) Portable fire extinguishers in the quantity and location as 
required in table 149.409.


Sec.  149.421  What fire-protection system must a helicopter fueling 
facility have?

    In addition to the portable fire extinguishers required under table 
149.409, each helicopter fueling facility must have a fire-protection 
system complying with 46 CFR 108.489.


Sec.  149.422  Can the water supply for the helicopter deck fire-
protection system be part of a firewater system?

    (a) The water supply for the helicopter deck fire-protection system 
required under Sec. Sec.  149.420 or 149.421 may be part of:
    (1) The firewater system (installed in accordance with MMS 
regulations under 30 CFR 250.803); or
    (2) The fire-main system under Sec.  149.415.
    (b) If the water supply for the helicopter deck fire-protection 
system is part of an independent accommodation fire-main system, the 
piping design and hardware must be compatible with the system and must 
comply with the requirements for fire-mains in 46 CFR 108.415 through 
108.429.

[[Page 770]]

Sec.  149.423  What are the fire-protection requirements for escape 
routes?

    At least one escape route from an accommodation space or module to 
a survival craft or other means of evacuation, must provide adequate 
protection, in accordance with 46 CFR 108.133, for escaping personnel 
from fires and explosions. Additional requirements for escape routes 
are in subpart F of this part.


Sec.  149.424  What is the requirement for a previously approved fire-
detection and alarm system on a deepwater port?

    An existing fire-detection and alarm system on a deepwater port 
need not meet the requirements in this subpart until the system needs 
replacing, provided it is periodically tested and maintained in good 
operational condition.

Subpart E--Aids to Navigation

General


Sec.  149.500  What does this subpart do?

    This subpart provides requirements for aids to navigation on 
deepwater ports.


Sec.  149.505  What are the general requirements for aids to 
navigation?

    The following requirements apply to aids to navigation under this 
subpart:
    (a) Section 66.01-5 of this chapter on application to establish, 
maintain, discontinue, change, or transfer ownership of an aid, except 
as under 149.510;
    (b) Section 66.01-25(a) and (c) of this chapter on discontinuing or 
removing an aid. For the purposes of Sec.  66.01-25(a) and (c) of this 
chapter, aids to navigation at a deepwater port are considered Class I 
aids under Sec.  66.01-15 of this chapter;
    (c) Section 66.01-50 of this chapter on protection of an aid from 
interference and obstruction; and
    (d) Section 66.01-55 of this chapter on transfer of ownership of an 
aid.


Sec.  149.510  Permission to establish an aid to navigation.

    (a) To establish an aid to navigation on a deepwater port, the 
licensee must submit an application under Sec.  66.01-5 of this 
chapter, except the application must be sent to the Commandant (G-M).
    (b) At least 180 days before the installation of any structure at 
the site of a deepwater port, the licensee must submit an application 
for obstruction lights and other private aids to navigation for the 
particular construction site.
    (c) At least 180 days before beginning cargo transfer operations or 
changing the mooring facilities at the deepwater port, the licensee 
must submit an application for private aids to navigation.

Lights


Sec.  149.520  What are the general lighting requirements?

    All deepwater ports must meet the general requirements for 
obstruction lights in part 67 of this chapter.

Lights on Platforms


Sec.  149.535  What are the requirements for rotating beacons on 
platforms?

    In addition to obstruction lights, the tallest platform of a 
deepwater port must have a rotating lighted beacon that distinguishes 
the deepwater port from other surrounding offshore structures. The 
beacon must:
    (a) Have an effective intensity of at least 15,000 candela;
    (b) Flash at least once every 20 seconds;
    (c) Provide a white light signal;
    (d) Operate in wind speeds up to 100 knots at a rotation rate that 
is within 6 percent of the operating speed displayed on the beacon;
    (e) Have one or more leveling indicators permanently attached to 
the light, each with an accuracy of 0.25, or better; and
    (f) Be located:
    (1) At least 60 feet above mean high water;
    (2) Where the structure of the platform, or equipment mounted on 
the platform, does not obstruct the light in any direction; and
    (3) So that it is visible all around the horizon.

Lights on Single Point Moorings (SPM)


Sec.  149.540  What are the requirements for obstruction lights on an 
SPM?

    (a) The lights for a single point mooring (SPM) must meet the 
requirements for obstruction lights in part 67 of this chapter, except 
that the lights must be located at least 10 feet above mean high water.
    (b) A submerged turret loading (STL) deepwater port is not required 
to meet the requirements for obstruction lights, provided it maintains 
at least a five-foot clearance beneath the net under-keel clearance for 
all vessels, at the mean low water condition, transiting the area.
    (c) An STL deepwater port that utilizes a marker buoy must be 
lighted in accordance with paragraph (a) of this section.

Lights on Floating Hose Strings


Sec.  149.550  What are the requirements for lights on a floating hose 
string?

    Hose strings that are floating or supported on trestles shall 
display the following lights at night and in periods of restricted 
visibility.
    (a) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute;
    (2) Visible all around the horizon;
    (3) Visible for at least 2 miles on a clear, dark night;
    (4) Not less than 1 and not more than 3.5 meters above the water;
    (5) Approximately equally spaced; and
    (6) Not more than 10 meters apart where the hose string crosses a 
navigable channel, and, also, where the hose string does not cross a 
navigable channel, the lights must be sufficient in number to clearly 
show the hose string's length and course.
    (b) Two red lights at each end of the hose string, including the 
ends in a channel where the hose string is separated to allow vessels 
to pass, whether open or closed. The lights must be:
    (1) Visible all around the horizon;
    (2) Visible for at least 2 miles on a clear, dark night; and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.

Lights on Buoys Used To Define Traffic Lanes


Sec.  149.560  How must buoys used to define traffic lanes be marked 
and lighted?

    (a) Each buoy that is used to define the lateral boundaries of a 
traffic lane at a deepwater port must meet 62.25 of this chapter.
    (b) The buoy must have an omni-directional light located at least 8 
feet above the water.
    (c) The buoy light must be located so that the structure of the 
buoy, or any other device mounted on the buoy, does not obstruct the 
light in any direction.


Sec.  149.565  What are the required characteristics and intensity of 
lights on buoys used to define traffic lanes?

    (a) The color of the light on a buoy that is used to define the 
lateral boundaries of a traffic lane must correspond with the color 
schemes for buoys in Sec.  62.25 of this chapter.
    (b) The buoy light may be fixed or flashing. If it is flashing, it 
must flash at intervals of not more than 6 seconds.
    (c) Buoy lights must have an effective intensity of at least 25 
candela.

[[Page 771]]

Miscellaneous


Sec.  149.570  How is a platform, SPM, or STL identified?

    (a) Each platform, SPM, or STL (protruding above the water/marked 
by a buoy) must display the name of the deepwater port and the name or 
number identifying the structure, so that the information is visible:
    (1) From the water at all angles of approach to the structure; and
    (2) If the structure is equipped with a helicopter pad, from 
aircraft on approach to the structure.
    (b) The information required in paragraph (a) of this section must 
be displayed in numbers and letters that are:
    (1) At least 12 inches high;
    (2) In vertical block style; and
    (3) Displayed against a contrasting background.
    (c) If a STL protrudes from the water, it must be properly 
illuminated in accordance with Sec.  149.540.


Sec.  149.575  How must objects protruding from the water, other than 
platforms and SPMs, be marked?

    (a) Each object protruding from the water that is within 100 yards 
of a platform or SPM must be marked with white reflective tape.
    (b) Each object protruding from the water that is more than 100 
yards from a platform or SPM must meet the obstruction lighting 
requirements in this subpart for a platform.


Sec.  149.580  What are the requirements for a radar beacon?

    (a) A radar beacon must be located on the tallest platform of a 
pumping platform complex or other fixed structure of the deepwater 
port.
    (b) The beacon must meet the following:
    (1) Be an FCC-type-accepted radar beacon (RACON);
    (2) Transmit:
    (i) In both the 2900-3100 MHz and 9300-9500 MHz frequency bands; or
    (ii) If installed before July 8, 1991, in the 9320-9500 MHz 
frequency band;
    (3) Transmit a signal of at least 250 milliwatts radiated power 
that is omni-directional and polarized in the horizontal plane;
    (4) Transmit a two or more element Morse code character, the length 
of which does not exceed 25 percent of the radar range expected to be 
used by vessels operating in the area;
    (5) If of the frequency agile type, be programmed so that it will 
respond, at least 40 percent of the time, but not more than 90 percent 
of the time, with a response time duration of at least 24 seconds; and
    (6) Be located at a minimum height of 15 feet above the highest 
deck of the platform and where the structure of the platform, or 
equipment mounted on the platform, does not obstruct the signal 
propagation in any direction.


Sec.  149.585  What are the requirements for sound signals?

    (a) Each pumping platform complex must have a sound signal, 
approved under subpart 67.10 of this chapter, that has a 2-mile (3-
kilometer) range. A list of Coast Guard approved sound signals is 
available from any District Commander.
    (b) Each sound signal must be:
    (1) Located at least 10 feet but not more than 150 feet above mean 
high water; and
    (2) Located where the structure of the platform, or equipment 
mounted on it, does not obstruct the sound of the signal in any 
direction.

Subpart F--Design and Equipment

General


Sec.  149.600  What does this subpart do?

    This subpart provides general requirements for equipment and design 
on deepwater ports.


Sec.  149.610  What must the District Commander be notified of and 
when?

    The District Commander must be notified of the following:

------------------------------------------------------------------------
                                             The District Commander must
                  When--                            be notified--
------------------------------------------------------------------------
(a) Construction of a pipeline, platform,   At least 30 days before
 or SPM is planned.                          construction begins.
(b) Construction of a pipeline, platform,   Within 24 hours, from the
 or SPM begins.                              date construction begins,
                                             that the lights and sound
                                             signals are in use at the
                                             construction site.
(c) A light or sound signal is changed      Within 24 hours of the
 during construction.                        change.
(d) Lights or sound signals used during     Within 24 hours of the
 construction of a platform, buoy, or SPM    replacement.
 are replaced by permanent fixtures to
 meet the requirements of this part.
(e) The first cargo transfer operation      At least 60 days before the
 begins.                                     operation.
------------------------------------------------------------------------

Sec.  149.615  What construction drawings and specifications are 
required?

    (a) To show compliance with the Act and this subchapter, the 
licensee must submit to the Commandant (G-M) three copies of:
    (1) Each construction drawing and specification; and
    (2) Each revision to a drawing and specification.
    (b) Each drawing, specification, and revision under paragraph (a) 
of this section must bear the seal, or a facsimile imprint of the seal, 
of the registered professional engineer responsible for the accuracy 
and adequacy of the material.


Sec.  149.620  What happens when the Commandant (G-M) reviews and 
evaluates the construction drawings and specifications?

    (a) The Commandant (G-M) may concurrently review and evaluate 
construction drawings and specifications with the Marine Safety Center 
and other federal agencies having technical expertise (such as RSPA and 
FERC) in order to ensure compliance with the Act and this subchapter.
    (b) Construction may not begin until the drawings and 
specifications are approved by the Commandant (G-M).
    (c) Once construction begins, the Coast Guard periodically inspects 
the construction site to ensure that the construction complies with the 
drawings and specifications approved under paragraph (b) of this 
section.
    (d) When construction is complete, the licensee must submit two 
complete sets of as-built drawings and specifications to the Commandant 
(G-M).


Sec.  149.625  What are the design standards?

    (a) Each component, except for hoses, mooring lines, and aids to 
navigation buoys, must be designed to withstand at least the combined 
wind, wave, and current forces of the most severe storm that can be 
expected to occur at the deepwater port in any 100-year period. 
Component design must be appropriate for the protection of human life 
on the port or on vessels calling on or servicing the port from death 
or serious injury, and to protect the environment.
    (b) Heliports on floating deepwater ports must be designed in 
compliance with the regulations at 46 CFR part 108.

Structural Fire-Protection


Sec.  149.640  What are the requirements for systems fire-protection?

    Manned deepwater ports built after January 1, 2004 and manned 
deepwater ports that undergo major conversions must comply with the 
requirements for structural fire-protection outlined in this subpart.

[[Page 772]]

Sec.  149.641  What are the requirements for structural fire-protection 
for deepwater ports in accommodation spaces and modules?

    (a) Accommodations spaces and modules must be designed, located, 
and constructed so as to minimize the effects of flame, excess heat, or 
blast effects caused by fires and explosions; and to provide safe 
refuge from fires and explosions for personnel for the minimum time 
needed to evacuate the space.
    (b) This requirement may be met by complying with the applicable 
portions of 46 CFR part 108, provided that:
    (1) The exterior boundaries of superstructures and deckhouses 
enclosing these spaces and modules, including any overhanging deck that 
supports these spaces and modules, are constructed to the A-60 standard 
defined in 46 CFR 108.131(b)(2) for any portion that faces, and is 
within 100 feet of, the platform hydrocarbon source; and
    (2) The ventilation system must have a means of shutting down the 
system and an alarm at a manned location that sounds when any hazardous 
or toxic substance enters the system.
    (c) As an alternative to paragraph (b) of this section, the 
requirement imposed by this section may be met by complying with a 
national consensus standard, as that term is defined in 29 CFR 1910.2, 
for the structural fire-protection of accommodation spaces and modules, 
and that complies with the standards set by a nationally recognized 
testing laboratory, as that term is defined by 29 CFR 1910.7, for such 
protection, provided that:
    (1) All such spaces and modules on manned ports are provided with 
automatic fire-detection and alarm systems. The alarm system must 
signal a normally manned area both visually and audibly, and be divided 
into zones to limit the area covered by a particular alarm signal;
    (2) Sleeping quarters are fitted with smoke detectors that have 
local alarms that may, or may not, be connected with the central alarm 
panel; and
    (3) Independent fire walls are constructed and installed so as to 
be of size and orientation sufficient to protect the exterior surfaces 
of the spaces or modules from extreme radiant heat flux levels and 
provide the A-60 standard defined in 46 CFR 108.131(b)(2).

Single Point Moorings


Sec.  149.650  What are the requirements for single point moorings and 
their attached hoses?

    Each SPM and its attached hose must be designed appropriately for 
the protection of the environment and for durability under combined 
wind, wave, and current forces of the most severe storm that can be 
expected to occur at the port in any 100-year period. The 
appropriateness of a design may be shown by its compliance with 
standards generally used within the offshore industry that are at least 
equivalent, in protecting the environment, to the standards in use on 
January 1, 2003, by the American Bureau of Shipping or another 
recognized classification society.

Helicopter Fueling Facilities


Sec.  149.655  What are the requirements for helicopter fueling 
facilities?

    Helicopter fueling facilities must comply with 46 CFR 108.489 or an 
equivalent standard.

Emergency Power


Sec.  149.660  What are the requirements for emergency power?

    (a) Each pumping platform complex must have emergency power 
equipment to provide power to operate simultaneously all of the 
following for a continuous period of 18 hours:
    (1) Emergency lighting circuits;
    (2) Aids to navigation equipment;
    (3) Communications equipment;
    (4) Radar equipment;
    (5) Alarm systems;
    (6) Electrically operated fire pumps; and
    (7) Other electrical equipment identified as emergency equipment in 
the operations manual for the deepwater port.
    (b) No emergency power generating equipment may be located in any 
enclosed space on a platform that contains oil or natural gas transfer 
pumping equipment or other power generating equipment.

General Alarm System


Sec.  149.665  What are the requirements for a general alarm system?

    Each pumping platform complex must have a general alarm system that 
meets the following:
    (a) Is capable of being activated manually by the use of alarm 
boxes;
    (b) Is audible in all parts of the pumping platform complex, except 
in areas of high ambient noise levels where hearing protection is 
required under Sec.  150.613 of this chapter; and
    (c) Has a high intensity flashing light in areas where hearing 
protection is used.


Sec.  149.670  What are the requirements for marking a general alarm 
system?

    Each of the following must be marked with the words ``GENERAL 
ALARM'' in yellow letters at least 1-inch high on a red background:
    (a) Each general alarm box; and
    (b) Each audio or visual device under Sec.  149.665 for signaling 
the general alarm.

Public Address System


Sec.  149.675  What are the requirements for the public address system?

    Each pumping platform complex must have a public address system 
operable from two locations on the complex.

Medical Treatment Rooms


Sec.  149.680  What are the requirements for medical treatment rooms?

    Each deepwater port with sleeping spaces for 12 or more persons, 
including persons in accommodation modules, must have a medical 
treatment room that has:
    (a) A sign at the entrance designating it as a medical treatment 
room;
    (b) An entrance that is wide enough and arranged to readily admit a 
person on a stretcher;
    (c) A single berth or examination table that is accessible from 
both sides; and
    (d) A washbasin located in the room.


Sec.  149.685  May a medical treatment room be used for other purposes?

    A medical treatment room may be used as a sleeping space if the 
room meets the requirements of this subpart for both medical treatment 
rooms and sleeping spaces. It may also be used as an office. However, 
when used for medical purposes, the room may not be used as a sleeping 
space or office.

Miscellaneous


Sec.  149.690  What are the requirements for means of escape, personnel 
landings, guardrails, and similar devices and for noise limits?

    Each deepwater port must comply with the requirements for means of 
escape, personnel landings, guardrails and similar devices, and noise 
limits as outlined in Sec. Sec.  149.691 through 149.699.

Means of Escape


Sec.  149.691  What means of escape are required?

    (a) Each deepwater port must have the primary and secondary means 
of escape complying with 46 CFR 108.151 for use in evacuating the port.
    (b) A primary means of escape consists of a fixed stairway, or a 
fixed ladder, constructed of steel.
    (c) A secondary means of escape consists of a marine evacuation 
system, a portable flexible ladder, a knotted manrope, or a similar 
device determined by the OCMI to provide an equivalent or better means 
of escape.

[[Page 773]]

    (d) Where a secondary means of escape is required, a primary means 
of escape may be substituted.


Sec.  149.692  Where must they be located?

    (a) Each means of escape must be easily accessible to personnel for 
rapidly evacuating the deepwater port.
    (b) When two or more means of escape are installed, at least two 
must be located as nearly diagonally opposite each other as 
practicable.
    (c) The following spaces, with a floor area of 300 square feet or 
more, must have at least two exits as widely spaced as possible:
    (1) Each accommodation space; and
    (2) Each space that is used on a regular basis, such as a control 
room, machinery room, storeroom, or other space where personnel could 
be trapped in an emergency.
    (d) Structural appendages to the deepwater port that do not have 
living quarters, workshops, offices, or other manned spaces and that 
personnel do not occupy continuously (i.e., pumping platform complex) 
must have at least one primary means of escape and, as determined 
necessary by the OCMI, one or more secondary means of escape.
    (e) When personnel are on an unmanned deepwater port, the port must 
have, in addition to the one primary means of escape, either:
    (1) Another primary means of escape; or
    (2) One or more secondary means of escape for every 10 persons 
onboard at any one time--located in the work areas.
    (f) Structural appendages to an unmanned deepwater port do not 
require a primary or a secondary means of escape, unless the OCMI 
determines that one or more are necessary.
    (g) Each means of escape must extend from the deepwater port's 
uppermost working level, to each successively lower working level, and 
so on to the water surface.

Personnel Landings


Sec.  149.693  What are the requirements for personnel landings on 
manned deepwater ports?

    (a) On manned deepwater ports, sufficient personnel landings must 
be provided to assure safe access and egress.
    (b) The personnel landings must be provided with satisfactory 
illumination. The minimum is one foot candle of artificial illumination 
as measured at the landing floor and guards and rails.

Guardrails and Similar Devices


Sec.  149.694  What are the requirements for catwalks, floors, and 
openings?

    (a) The configuration and installation of catwalks, floors, and 
openings must comply with 143.110 of this chapter.
    (b) This section does not apply to catwalks, floor or deck areas, 
and openings:
    (1) In areas not normally occupied by personnel; or
    (2) On helicopter landing decks.


Sec.  149.695  What are the requirements for stairways?

    Stairways must have at least two courses of rails. The top course 
must serve as a handrail and be at least 34 inches above the tread.


Sec.  149.696  What are the requirements for a helicopter landing deck 
safety net?

    A helicopter landing deck safety net must comply with 46 CFR 
108.235.

Noise Limits


Sec.  149.697  What are the requirements for a noise level survey?

    (a) A survey to determine the maximum noise level during normal 
operations must be conducted in each accommodation space, working 
space, or other space routinely used by personnel. The recognized 
methodology used to conduct the survey must be specified in the survey 
results. Survey results must be kept on the deepwater port or, for an 
unmanned deepwater port, in the owner's principal office.
    (b) The noise level must be measured over 12 hours to derive a 
time-weighted-average (TWA) using a sound level meter and an A-weighted 
filter or equivalent device.
    (c) If the noise level throughout a space is determined to exceed 
85 db(A), then signs must be posted with the legend: ``NOISE HAZARD--
HEARING PROTECTORS REQUIRED.'' Signs must be posted at eye level--at 
each entrance to the space.
    (d) If the noise level is determined to exceed 85 db(A) only in a 
portion of a space, the sign described in paragraph (c) of this section 
must be posted within that portion in a location visible from each 
direction of access.
    (e) Working spaces and other areas routinely used by personnel, 
other than accommodation spaces, must be designed to limit the noise 
level in those areas so that personnel wearing hearing protectors may 
hear warning and emergency alarms. If this is not practicable and 
warning and emergency alarms cannot be heard, visual alarms in addition 
to the audible alarms must be installed.

Portable Lights


Sec.  149.700  What kind of portable lights may be used on a deepwater 
port?

    Each portable light and its supply cord on a deepwater port must be 
designed for the environment where it is used.

PART 150--DEEPWATER PORTS: OPERATIONS

Subpart A--General
Sec.
150.1 What does this part do?
150.5 Definitions.
150.10 What are the general requirements for operations manuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be given to the 
Coast Guard?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual.
150.35 How may an adjacent coastal State request an amendment to the 
operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or the operations 
manual.
150.50 What are the requirements for a facility spill response plan?
Subpart B--Inspections
150.101 What are the requirements for inspecting deepwater ports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receipt of 
classification society certifications?
Subpart C--Personnel
150.200 Who must ensure that personnel are qualified?
150.205 What are the language requirements for personnel?
150.210 What are the restrictions on serving in more than one 
position?
150.250 What training and instruction are required?
Subpart D--Vessel Navigation
150.300 What does this subpart do?
150.305 How does this subpart apply to unmanned deepwater ports?
150.310 When is radar surveillance required?
150.320 What advisories are given to tankers?
150.325 What is the first notice required before a tanker enters the 
safety zone or area to be avoided?
150.330 What is the second notice required before a tanker enters 
the safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in the safety 
zone or area to be avoided?
150.345 How are support vessels cleared to move within the safety 
zone or area to be avoided?

[[Page 774]]

150.350 What are the rules of navigation for support vessels in the 
safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety 
zone?
150.380 Under what circumstances may vessels operate within the 
safety zone or area to be avoided?
150.385 What is required in an emergency?
Subpart E--Cargo Transfer Operations
150.400 What does this subpart do?
150.405 How must a Cargo Transfer System (CTS) be tested and 
inspected?
150.420 What actions must be taken when cargo transfer equipment is 
defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration of inspection?
150.435 When are cargo transfers not allowed?
150.440 How may the COTP order suspension of cargo transfers?
150.445 When must oil in an SPM-OTS be displaced with water?
Subpart F--Operations (Emergency Equipment)
150.500 What does this subpart do?

Maintenance and Repair

150.501 How must emergency equipment be maintained and repaired?

Lifesaving Equipment (General)

150.502 What are the maintenance and repair requirements for 
lifesaving equipment?

Launching Appliances

150.503 What are the time interval requirements for maintenance on 
survival craft falls?
150.504 When must I service and examine lifeboat and rescue-boat 
launching appliances?
150.505 When must I service and examine lifeboat and rescue-boat 
release gear?

Inflatable Lifesaving Appliances

150.506 When must the operator service inflatable lifesaving 
appliances and marine evacuation systems?
150.507 How must the operator service inflatable lifesaving 
appliances?
150.508 What are the maintenance and repair requirements for 
inflatable rescue boats?

Operational Tests and Inspections (General)

150.509 How must emergency equipment be tested and inspected?
150.510 How must emergency equipment being tested be operated?
150.511 What are the operational testing requirements for lifeboat 
and rescue boat release gear?

Frequency of Tests and Inspections

150.512 What are the weekly tests and inspections?
150.513 What are the monthly tests and inspections?
150.514 What are the annual tests and inspections?

Weight Testing

150.515 What are the requirements for weight-testing of newly 
installed or relocated craft?
150.516 What are the periodic requirements for weight-testing?
150.517 How are weight tests supervised?

Personal Safety Gear

150.518 What are the inspection requirements for work vests.

Emergency Lighting and Power Systems

150.519 What are the requirements for emergency lighting and power 
systems?

Firefighting and Fire-Protection Equipment

150.520 When must firefighting and fire-protection equipment be 
tested and inspected?
150.521 What records are required?

Miscellaneous Operations

150.530 What may the fire-main system be used for?
150.531 How many fire pumps must be kept ready for use at all times?
150.532 What are the requirements for connection and stowage of fire 
hoses?
150.540 What are the restrictions on fueling aircraft?
150.550 What are the requirements for the muster list?
150.555 How must cranes be maintained?
Subpart G--Workplace Safety and Health
150.600 What does this subpart do?

Safety and Health (General)

150.601 What are the requirements for workplace safety and health on 
a deepwater port?
150.602 What occupational awareness training is required?
150.603 What emergency response training is required?
150.604 Who controls access to medical monitoring and exposure 
records?
150.605 What are the procedures for reporting a possible workplace 
safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the OCMI 
do?

General Workplace Conditions

150.607 What are the general safe working requirements?

Personal Protective Equipment

150.608 Who is responsible for ensuring that personnel use or wear 
protective equipment and are trained in its use?

Eyes and Face

150.609 When is eye and face protection required?
150.610 Where must eyewash equipment be located?

Head

150.611 What head protection is required?

Feet

150.612 What footwear is required?

Noise and Hearing Protection

150.613 What are the requirements for a noise monitoring and hearing 
protection survey?

Clothing

150.614 When is protective clothing required?

Electrical

150.615 What safe practices are required?

Lockout/Tagout

150.616 What are the requirements for lockout?
150.617 What are the requirements for tagout?

Respiratory Protection

150.618 What are the requirements for respiratory protection?

Fall Arrest

150.619 What are the fall arrest system requirements?

Machine Guards

150.620 What are the requirements for protecting personnel from 
machinery?

Slings

150.621 What are the requirements for slings?

Warning Signs

150.622 What are the warning sign requirements?

Confined Space Safety

150.623 What are the requirements for protecting personnel from 
hazards associated with confined spaces?

Blood-Borne Pathogens

150.624 What are the requirements for protecting personnel from 
blood-borne pathogens?

Hazard Communication Program

150.625 What must the hazard communication program contain?
150.626 What is the hazard communication program used for?
150.627 Must material safety data sheets be available to all 
personnel?
150.628 How must the operator label, tag, and mark a container of 
hazardous material?
Subpart H--Aids to Navigation
150.700 What does this subpart do?
150.705 What are the requirements for maintaining and inspecting 
aids to navigation?
150.710 What are the requirements for supplying power to aids to 
navigation?
150.715 What are the requirements for lights used as aids to 
navigation?
150.720 What are the requirements for sound signals?
Subpart I--Reports and Records
150.800 What does this subpart do?

Reports

150.805 What reports must be sent both to a classification society 
and to the Coast Guard?

[[Page 775]]

150.810 Reporting a problem with an aid to navigation.
150.815 How must casualties be reported?
150.820 When must a written report of casualty be submitted and what 
must it contain?
150.825 Reporting a diving-related casualty.
150.830 Reporting a pollution incident.
150.835 Reporting sabotage or subversive activity.

Records

150.840 What records must be kept?
150.845 Personnel records.
150.850 How long must a declaration of inspection form be kept?
Subpart J--Safety Zones, No Anchoring Areas, and Areas To Be Avoided
150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas to be 
avoided established?
150.910 What installations, structures, or activities are prohibited 
in a safety zone and area to be avoided?
150.915 How are safety zones, no anchoring areas, and areas to be 
avoided established and modified?
150.920 How is notice given of new or proposed safety zones, no 
anchoring areas, and areas to be avoided?
150.925 How long may a safety zone, no anchoring area, and area to 
be avoided last?
150.930 What datum is used for the geographic coordinates in this 
subpart?

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), 
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 
68 FR 10619; Department of Homeland Security Delegation No. 
0170.1(70), (73), (75), (80).

Subpart A--General


Sec.  150.1  What does this part do?

    This part provides requirements for the operation of deepwater 
ports.


Sec.  150.5  Definitions.

    See Sec.  148.5 of this chapter for the definition of certain terms 
used in this part.


Sec.  150.10  What are the general requirements for operations manuals?

    (a) Each deepwater port must have an operations manual that 
addresses policies and procedures for normal and emergency operations 
conducted at the port. The operations manual must, at a minimum, 
include the requirements outlined in Sec.  150.15.
    (b) The operations manual is reviewed and approved by the 
Commandant (G-M), who may consult with the local OCMI, as meeting the 
requirements of the Act and this subchapter. The original manual is 
approved as part of the application process in part 148 of this 
chapter.
    (c) The OCMI may approve subsequent changes to the operations 
manual, provided Commandant (G-M) is notified and consulted regarding 
any significant modifications.
    (d) The manual must be readily available on the deepwater port for 
use by personnel.
    (e) The licensee must ensure that all personnel are trained and 
follow the procedures in the manual while at the deepwater port.


Sec.  150.15  What must the operations manual include?

    The operations manual required by Sec.  150.10 must identify the 
deepwater port and include the information required in this section.
    (a) General information. A description of the geographic location 
of the deepwater port.
    (b) A physical description of the port.
    (c) Engineering and construction information, including all defined 
codes and standards used for the port structure and systems. The 
operator must also include schematics of all applicable systems. 
Schematics must show the location of valves, gauges, system working 
pressure, relief settings, monitoring systems, and other pertinent 
information.
    (d) Communications system. A description of a comprehensive 
communications plan, including:
    (1) Dedicated frequencies;
    (2) Communication alerts/notices between deepwater port and 
arriving and departing vessels; and
    (3) Mandatory time intervals (communication schedules) for 
maintaining a live radio watch and monitoring frequencies for 
communication with vessels and aircraft.
    (e) Facility plan. A plan of the layout of the mooring areas, aids 
to navigation, cargo transfer locations, and control stations.
    (f) The hours of operation.
    (g) The size, type, number, and simultaneous operations of tankers 
that the port can handle.
    (h) Calculations, with supporting data or other documentation, to 
show that the charted water depth at each proposed mooring location is 
sufficient to provide at least a net under-keel clearance of 5 feet, at 
the mean low water condition.
    (i) Tanker navigation procedures. The procedures for the navigation 
of tankers, including the information required in paragraphs (i)(1) 
through (i)(9) of this section.
    (1) The operating limits, maneuvering capability, draft, net under-
keel clearance, tonnage and dimensions (i.e., length, width and 
breadth) of the tanker to be accommodated at each designated mooring.
    (2) The speed limits proposed for tankers in the safety zone and 
navigation area to be avoided around the port.
    (3) Any special navigation or communication equipment that may be 
required for operating in the safety zone and area to be avoided.
    (4) The measures for routing vessels, including a description of 
the radar navigation system to be used in operation of the deepwater 
port:
    (i) Type of radar;
    (ii) Characteristics of the radar;
    (iii) Antenna location;
    (iv) Procedures for surveillance of vessels approaching, departing, 
and transiting the safety zone and navigation area to be avoided;
    (v) Advisories to each tanker underway in the safety zone regarding 
the vessel's position, port conditions, and status of adjacent vessel 
traffic;
    (vi) Notices that must be made, as outlined in Sec.  150.325, by 
the tanker master regarding the vessel's characteristics and status; 
and
    (vii) Rules for navigating, mooring, and anchoring in a safety 
zone, area to be avoided, and anchorage area.
    (5) Any mooring equipment needed to make up to the SPM.
    (6) The procedures for clearing tankers, support vessels, and other 
vessels and aircraft during emergency and routine conditions.
    (7) Weather limits for tankers, including a detailed description of 
the manner of forecasting the wind, wave, and current conditions for:
    (i) Shutdown of cargo transfer operations;
    (ii) Departure of the tanker from the mooring;
    (iii) Prohibition on mooring at the DWP or SPM; and
    (iv) Shutdown of all port operations and evacuation of the port.
    (8) Any special illumination requirements for vessel arrival, 
discharge, and departure operations.
    (9) Any special watch standing requirements for vessel transiting, 
mooring, or while at anchor.
    (j) Personnel. The duties, title, qualifications, and training of 
all port personnel responsible for managing and carrying out the 
following port activities and functions:
    (1) Vessel traffic management;
    (2) Cargo transfer operations;
    (3) Safety and fire-protection;
    (4) Maintenance and repair operations;
    (5) Emergency procedures; and
    (6) Port security.
    (k) The personnel assigned to supervisory positions must be 
designated, in writing, by the licensee

[[Page 776]]

and have the appropriate experience and training to satisfactorily 
perform their duties. Commandant (G-M) will review and approve the 
qualifications for all proposed supervisory positions.
    (l) Cargo transfer procedures. The procedures for transferring 
cargo must comply with the applicable requirements of parts 154 and 156 
for oil and subpart B to part 127 for natural gas, respectively, of 
this chapter including the requirements specified in paragraphs (l)(1) 
through (l)(10) of this section.
    (1) The requirements for oil transfers in accordance with subpart A 
to part 156 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment (i.e., hoses, 
connectors, closure devices, monitoring devices, and containment);
    (iii) Connecting and disconnecting of transfer equipment, including 
to a floating hose string for a single-point mooring;
    (iv) Preparation of the Declaration of Inspection (DOI); and
    (v) Supervision by a Person in Charge (PIC).
    (2) The requirements for natural gas transfers in accordance with 
subpart B to part 127 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment (i.e., hoses, 
connectors, closure devices, leak monitoring devices, and containment);
    (iii) Connecting and disconnecting of transfer equipment, including 
to a floating hose string for a SPM;
    (iv) Purging of line to test for leaks and in preparation for cool 
down or heat up phases as appropriate;
    (v) Preparation of the Declaration of Inspection (DOI); and
    (vi) Supervision by a port PIC.
    (3) The shipping name of, and Material Safety Data Sheet on, the 
product(s) transferred.
    (4) The duties, title, qualifications, and training of personnel of 
the port designated as the PIC and responsible for managing cargo 
transfers (including ballasting operations if applicable to the port), 
in accordance with subpart D of part 154 for oil and subpart B 
(Operations) of part 127 for natural gas, respectively of this chapter.
    (5) Minimum requirements for watch personnel onboard the vessel 
during transfer operations (i.e., personnel necessary for checking 
mooring gear, monitoring communications and having propulsion/steering 
on standby).
    (6) The start-up and completion of pumping.
    (7) Emergency shutdown.
    (8) The maximum relief valve settings, the maximum available 
working pressure and hydraulic shock to the system without relief 
valves, or both.
    (9) Equipment necessary to discharge cargo to the port complex 
without harm to the environment or to persons involved in the cargo 
transfer, including piping, adapters, bolted flanges and quick 
disconnect coupling.
    (10) Describing the method to be used to water and de-water the SPM 
hoses when required.
    (m) Unusual arrangements that may be applicable, including:
    (1) A list and description of any extraordinary equipment or 
assistance available to vessels with inadequate pumping capacity, small 
cargoes, small diameter piping, or inadequate crane capacity; and
    (2) A description of special storage or delivery arrangements for 
unusual cargoes (i.e., cool down requirements for transfer system 
components prior to transfer of LNG).
    (n) Maintenance procedures. A maintenance program to document 
service and repair of:
    (1) Cargo transfer equipment;
    (2) Firefighting and Fire protection equipment;
    (3) Safety equipment; and
    (4) Cranes.
    (o) Occupational health and safety training procedures. Policy and 
procedures to address occupational health and safety requirements 
outlined in Sec. Sec.  150.600 to 150.632 of this subpart, including:
    (1) Employee training in safety and hazard awareness and proper use 
of personnel protective equipment;
    (2) Physical safety measures in the workplace (i.e., housekeeping 
and illumination of walking and working areas);
    (3) Fall arrest;
    (4) Personnel transfer nets;
    (5) Hazard communication (Right to Know);
    (6) Permissible exposure limits (PEL);
    (7) Machine guarding;
    (8) Electrical safety;
    (9) Lockout/Tagout;
    (10) Crane safety;
    (11) Sling usage;
    (12) Hearing conservation;
    (13) Hot work;
    (14) Warning signs;
    (15) Confined space safety; and
    (16) Initial and periodic training and certification will be 
documented for each port employee and for visitors where appropriate 
(e.g., safety orientation training).
    (p) Emergency procedures. Emergency internal and external 
notification procedures:
    (1) Names and numbers of key port personnel; and
    (2) Names and numbers of law enforcement and response agencies.
    (q) Quantity, type, location, and use of safety and fire-protection 
equipment, including fire plan.
    (r) Aerial operations (helicopter landing pad procedures).
    (s) Port response procedures for:
    (1) Fire;
    (2) Reportable product spill;
    (3) Personnel injury (including confined space rescue); and
    (4) Terrorist activity (see Port Security Plan).
    (t) Designation of and assignment of port personnel to response 
teams for specific contingencies.
    (u) Individual and team training for incident response (in 
accordance with 46 CFR 109.213) as specified in paragraphs (u)(1) 
through (u)(3) of this section.
    (1) Care and use of equipment.
    (2) Emergency drills and response:
    (i) Types;
    (ii) Frequency (at least annually); and
    (iii) Documentation (records, reports and dissemination of 
``lessons learned'').
    (3) Documentation of minimum training requirements for response 
team members:
    (i) Marine firefighting training;
    (ii) First Aid/CPR;
    (iii) Water survival;
    (iv) Spill response and clean-up;
    (v) Identification of at least one employee trained and certified 
at the level of an Emergency Medical Technician-Basic; and
    (vi) Identification of at least two employees trained and certified 
as offshore competent persons in prevention of inadvertent entry into 
hazardous confined spaces.
    (v) Deepwater port security procedures. A deepwater port security 
plan that addresses security issues, including, but not limited to:
    (1) Controlling access of personnel and the introduction of goods 
and material into the port;
    (2) Monitoring and alerting vessels that approach or enter the 
port's security zone;
    (3) Identifying risks and procedures for increasing the probability 
of detecting and deterring terrorist or subversive activity (such as 
using security lighting and designating restricted areas within the 
port and remotely alarming them, as appropriate);
    (4) Notification requirements (both internally and externally) and 
response requirements in the event of a perceived threat or an attack 
on the port;
    (5) Designating the Port Security Officer, providing positive and

[[Page 777]]

verifiable identification of personnel with access to the port;
    (6) The training (including drills) required for all personnel 
regarding security issues; and
    (7) The scalability of actions and procedures for the various 
levels of threat. Deepwater port operators should ensure that security 
plans address or are comparable to the key security plan elements 
provided in 33 CFR part 106.
    (w) Procedures for any special operations, including:
    (1) Evacuation and re-manning procedures;
    (2) Refueling operations;
    (3) Diving operations;
    (4) Support vessel operations; and
    (5) Providing logistical services.
    (x) Recordkeeping of maintenance procedures, tests, and emergency 
drills outlined elsewhere in the operations manual.
    (y) Environmental monitoring procedures. A program for monitoring 
the environmental effects of the port and its operations in order to 
maintain compliance with the environmental conditions in the license 
and applicable environmental laws.
    (1) Routine periodic re-examination of the physical, chemical, and 
biological factors contained in the port's environmental impact 
analysis and baseline study submitted with the license application. The 
examination process must include water and air monitoring in accordance 
with appropriate Federal and State statutes.
    (2) A more detailed study may be required in the wake of an event 
such as an inadvertent release.


Sec.  150.20  How many copies of the operations manual must be given to 
the Coast Guard?

    The draft operations manual will be included as part of the 
application submission. After a license has been issued and approval of 
the final operations manual is granted, the licensee must give the 
Commandant (G-M) at least five copies and five copies of each 
subsequent amendment to the manual.


Sec.  150.25  Amending the operations manual.

    (a) Whenever the cognizant COTP finds that the operations manual 
does not meet the requirements of this part, the COTP notifies the 
licensee, in writing, of the inadequacies in the manual.
    (b) Within 45 days after the notice under paragraph (a) of this 
section is sent, the licensee must submit written proposed amendments 
to eliminate the inadequacies.
    (c) The cognizant COTP reviews the amendments and makes a 
determination as to the adequacy of the amendments and notifies the 
licensee of the determination.
    (d) If the COTP decides that an amendment is necessary, the 
amendment goes into effect 60 days after the COTP notifies the licensee 
of the amendment.
    (e) The licensee may petition the Commandant (G-M), via the 
appropriate district office, to review the decision of the COTP. In 
this case, the effective date of the amendment is delayed pending the 
Commandant's decision. Petitions must be made (in writing) and 
presented to the COTP for forwarding to the Commandant (G-M).
    (f) If the COTP finds that a particular situation requires 
immediate action to prevent a spill or discharge, or to protect the 
safety of life and property, the COTP may issue an amendment effective 
on the date that the licensee receives it. The COTP must include a 
brief statement of the reasons for the immediate amendment. The 
licensee may petition the District Commander for review, but the 
petition does not delay the effective date of the amendment.


Sec.  150.30  Proposing an amendment to the operations manual.

    (a) The licensee may propose an amendment to the operations manual:
    (1) By submitting (in writing) the amendment and reasons for the 
amendments to the COTP not less than 30 days before the requested 
effective date of the amendment; or
    (2) If the amendment is needed immediately, by submitting the 
amendment, and reasons why the amendment is needed immediately, to the 
COTP in writing.
    (b) The COTP responds to a proposed amendment by notifying the 
licensee, in writing, before the requested date of the amendment 
whether the request is approved. If the request is disapproved, the 
COTP includes the reasons for disapproval in the notice. If the request 
is for an immediate amendment, the COTP responds as soon as possible.


Sec.  150.35  How may an adjacent coastal State request an amendment to 
the operations manual?

    (a) An adjacent coastal State connected by pipeline to the 
deepwater port may petition the cognizant COTP to amend the operations 
manual. The petition must include sufficient information to allow the 
COTP to reach a decision concerning the proposed amendment.
    (b) After the COTP receives a petition, the COTP requests comments 
from the licensee.
    (c) After reviewing the petition and comments, and considering the 
costs and benefits involved, the COTP may approve the petition if the 
proposed amendment will provide equivalent or improved protection and 
safety. The adjacent coastal State may petition the Commandant (G-M) to 
review the decision of the COTP. Petitions must be made in writing and 
presented to the COTP for forwarding to the Commandant (G-M) via the 
District Commander.


Sec.  150.40  Deviating from the operations manual.

    If, because of a particular situation, the licensee needs to 
deviate from the operations manual, the licensee must submit a written 
request to the COTP explaining why the deviation is necessary and what 
alternative is proposed. If the COTP determines that the deviation 
would ensure equivalent or greater protection and safety, the COTP 
authorizes the deviation and notifies the licensee in writing.


Sec.  150.45  Emergency deviation from this subchapter or the 
operations manual.

    In an emergency, any person may deviate from any requirement in 
this subchapter, or any procedure in the operations manual, to ensure 
the safety of life, property, or the environment. Each deviation must 
be reported to the COTP at the earliest possible time.


Sec.  150.50  What are the requirements for a facility spill response 
plan?

    (a) Each deepwater port, which meets the applicability requirements 
of part 154, subpart F, of this chapter must have a Facility Response 
Plan and be approved by the COTP.
    (b) Each natural gas deepwater port must have a natural gas 
facility emergency plan that meets part 127, subpart B of this chapter.
    (c) The response plan must be submitted to the COTP, in writing, 
not less than 60 days before the deepwater port begins operation.

Subpart B--Inspections


Sec.  150.100  What are the requirements for inspecting deepwater 
ports?

    Under the direction of the OCMI, marine inspectors may inspect 
deepwater ports to determine whether the requirements of this 
subchapter are met. A marine inspector may conduct an inspection, with 
or without advance notice, at any time the COTP deems necessary, and 
may coincide with receipt of the annual self-inspection report from the 
operator to ensure stated conditions are accurate.

[[Page 778]]

Sec.  150.105  What are the requirements for annual self-inspection?

    (a) The owner or operator of each manned deepwater port must ensure 
that the port is inspected, at intervals of no more than 12 months, to 
determine whether the facility is in compliance with the requirements 
of this subchapter. The inspection may be conducted within 2 months 
after the date the inspection is due. However, the inspection is 
credited as of 12 months after the previous due date.
    (b) The owner or operator must record and submit the results of the 
annual self-inspection to the COTP within 30 days after completion of 
the inspection. The report must include a description of any failure 
and scope of repairs made to components or equipment, in accordance 
with the requirements in Subpart I to this part, other than the primary 
lifesaving or firefighting or transfer equipment.


Sec.  150.110  What are the notification requirements upon receipt of 
classification society certifications?

    The licensee must notify the COTP, in writing, upon receipt of a 
classification society certification, interim class certificate, or SPM 
classification certificate.

Subpart C--Personnel


Sec.  150.200  Who must ensure that port personnel are qualified?

    The licensee must ensure that the individual filling a position 
meets the qualifications for that position as outlined in the 
operations manual.


Sec.  150.205  What are the language requirements for port personnel?

    Only persons who read, write, and speak English may occupy the 
essential management positions outlined in the operations manual.


Sec.  150.210  What are the restrictions on serving in more than one 
position?

    No person may serve in more than one of the essential management 
positions outlined in the operations manual at any one time.


Sec.  150.225  What training and instruction are required?

    Personnel must receive training and instruction commensurate with 
the position they hold. Procedures for documenting employee training 
must be outlined in the operations manual.

Subpart D--Vessel Navigation


Sec.  150.300  What does this subpart do?

    This subpart supplements the international navigation rules in 
subchapter D of this chapter, and prescribes requirements that:
    (a) Apply to the navigation of all vessels at or near a deepwater 
port; and
    (b) Apply to all vessels while in a safety zone, area to be 
avoided, or no anchoring area.


Sec.  150.305  How does this subpart apply to unmanned deepwater ports?

    The master of any tanker calling at an unmanned deepwater port is 
responsible for the safe navigation of the vessel to and from the port 
and for the required notifications in Sec.  150.325. Once the tanker is 
connected to the unmanned deepwater port, the master must maintain 
radar surveillance in compliance with the requirements of Sec.  
150.310.


Sec.  150.310  When is radar surveillance required?

    A manned deepwater port's person in charge of vessel operations 
must maintain radar surveillance of the safety zone or area to be 
avoided when:
    (a) A tanker is proceeding to the safety zone after submitting the 
report required in Sec.  150.325;
    (b) A tanker or support vessel is underway in the safety zone or 
area to be avoided;
    (c) A vessel other than a tanker or support vessel is about to 
enter or is underway in the safety zone or area to be avoided; or
    (d) As described in the port security plan.


Sec.  150.320  What advisories are given to tankers?

    A manned deepwater port's person in charge of vessel operations 
must advise the master of each tanker underway in the safety zone or 
area to be avoided of the following:
    (a) At intervals not exceeding 10 minutes, the vessel's position by 
range and bearing from the pumping platform complex; and
    (b) The position and the estimated course and speed, if moving, of 
all other vessels that may interfere with the movement of the tanker 
within the safety zone or area to be avoided.


Sec.  150.325  What is the first notice required before a tanker enters 
the safety zone or area to be avoided?

    (a) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must comply with the notice of arrival 
(NOA) requirements in subpart C of part 160 of this chapter. The NOA 
will be submitted to the National Vessel Movement Center (NVMC) that 
was established in October 2001 to track arrival information from 
vessels entering U.S. waters.
    (b) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must report the pertinent information 
required in Sec.  150.15(i)(4)(vi) for the vessel including:
    (1) The name, gross tonnage, and draft of the tanker;
    (2) The type and amount of cargo in the tanker;
    (3) The location of the tanker at the time of the report;
    (4) Any conditions on the tanker that may impair its navigation, 
such as fire or malfunctioning propulsion, steering, navigational, or 
radiotelephone equipment. The testing requirements in Sec.  164.25 of 
this chapter are applicable to vessels arriving at a deepwater port;
    (5) Any leaks, structural damage, or machinery malfunctions that 
may impair cargo transfer operations or cause a product discharge; and
    (6) The operational condition of the equipment listed under Sec.  
164.35 of this chapter on the tanker.
    (c) If the estimated time of arrival changes by more than 6 hours 
from the last reported time, the NVMC and the port's person in charge 
of vessel operations must be notified of the correction as soon as the 
change is known.
    (d) If the information reported in paragraphs (b)(4) or (b)(5) of 
this section changes at any time before the tanker enters the safety 
zone or area to be avoided at the deepwater port, or while the tanker 
is in the safety zone or area to be avoided, the master of the tanker 
must report the changes to the NVMC and port's person in charge of 
vessel operations as soon as possible.


Sec.  150.330  What is the second notice required before a tanker 
enters the safety zone or area to be avoided?

    When a tanker bound for a manned deepwater port is 20 miles from 
entering the port's safety zone or area to be avoided, the master of 
the tanker must notify the port's person in charge of vessel operations 
of the tanker's name and location.


Sec.  150.340  What are the rules of navigation for tankers in the 
safety zone or area to be avoided?

    (a) A tanker must enter or depart the port's safety zone or area to 
be avoided in accordance with the navigation procedures in the port's 
approved operations manual as described in Sec.  150.15(i).
    (b) A tanker must not anchor in the safety zone or area to be 
avoided, except in a designated anchorage area.
    (c) A tanker may not enter a safety zone or area to be avoided in 
which

[[Page 779]]

another tanker is present, unless it has been cleared by the person in 
charge of the port and no other tankers are underway.
    (d) A tanker must not operate, anchor, or moor in any area of the 
safety zone or area to be avoided in which the net under-keel clearance 
would be less than 5 feet.


Sec.  150.345  How are support vessels cleared to move within the 
safety zone or area to be avoided?

    All movements of support vessels within a manned deepwater port's 
safety zone or area to be avoided must be cleared in advance by the 
port's person in charge of vessel operations.


Sec.  150.350  What are the rules of navigation for support vessels in 
the safety zone or area to be avoided?

    A support vessel must not anchor in the safety zone or area to be 
avoided, except:
    (a) In an anchorage area; or
    (b) For vessel maintenance, which, in the case of a manned 
deepwater port, must be cleared by the port's person in charge of 
vessel operations.


Sec.  150.355  How are other vessels cleared to move within the safety 
zone?

    (a) Clearance by a manned deepwater port's person in charge of 
vessel operations is required before a vessel, other than a tanker or 
support vessel, enters the safety zone.
    (b) The port's person in charge of vessel operations may clear a 
vessel under paragraph (a) of this section only if its entry into the 
safety zone would not:
    (1) Interfere with the purpose of the deepwater port;
    (2) Endanger the safety of life or property or the environment; or
    (3) Be prohibited by regulation.
    (c) At an unmanned deepwater port, such as a submerged turret 
landing (STL) system, paragraphs (a) and (b) of this section would 
apply once a tanker connects to the STL buoy.


Sec.  150.380  Under what circumstances may vessels operate within the 
safety zone or area to be avoided?

    (a) Table 150.380(a) of this section lists the areas within a 
safety zone and area to be avoided where a vessel may operate and the 
clearance needed for that location.
BILLING CODE 4910-15-P
[GRAPHIC] [TIFF OMITTED] TR06JA04.010

BILLING CODE 4910-15-C

[[Page 780]]

    (b) If the activity is not listed in table 150.380(a) of this 
section, or is not otherwise provided for in this subpart, the COTP's 
permission is required first.


Sec.  150.385  What is required in an emergency?

    In an emergency, for the protection of life or property, a vessel 
may deviate from a vessel movement requirement in this subpart without 
clearance from a manned deepwater port's person in charge of vessel 
operations if the master advises the port PIC of the reasons for the 
deviation at the earliest possible moment.

Subpart E--Cargo Transfer Operations


Sec.  150.400  What does this subpart do?

    This subpart prescribes rules that apply to the transfer of oil or 
natural gas at a deepwater port.


Sec.  150.405  How must a Cargo Transfer System (CTS) be tested and 
inspected?

    (a) No person may transfer oil or natural gas through a CTS at a 
deepwater port unless it has been inspected and tested according to 
this section.
    (b) The SPM-CTS must be maintained as required by the design 
standards used to comply with Sec.  149.650 of this chapter.
    (c) If the manufacturer's maximum pressure rating for any cargo 
transfer hose in a SPM-CTS has been exceeded (unless it was exceeded 
for testing required by this section), the hose must be:
    (1) Removed;
    (2) Hydrostatically tested to 1.5 times its maximum working 
pressure for oil or 1.1 times its maximum working pressure for natural 
gas; and
    (3) Visually examined externally and internally for evidence of:
    (i) Leakage;
    (ii) Loose covers;
    (iii) Kinks;
    (iv) Bulges;
    (v) Soft spots; and
    (vi) Gouges, cuts, or slashes that penetrate the hose 
reinforcement.
    (d) Each submarine hose used in cargo transfer operations in a SPM-
CTS must have been removed from its coupling, surfaced, and examined as 
described in paragraphs (c)(2) and (c)(3) of this section within the 
preceding 2 years for oil or 15 months for natural gas; and
    (e) Before resuming cargo transfer operations, each submarine hose 
in a SPM-CTS must be visually examined in place as described in 
paragraph (c)(3) of this section after cargo transfer operations are 
shut down due to sea conditions at the deepwater port.


Sec.  150.420  What actions must be taken when cargo transfer equipment 
is defective?

    When any piece of equipment involved in cargo transfer operations 
(oil or natural gas) is defective:
    (a) The piece of equipment must be replaced or repaired before 
making any further cargo transfers; and
    (b) The repaired or replaced piece must meet or exceed its original 
specifications. Repairs must be conducted in accordance with the port-
specific maintenance program outlined in the operations manual, and 
that program must provide for the repair of natural gas transfer hoses 
in accordance with Sec.  127.405 of this chapter.


Sec.  150.425  What are the requirements for transferring cargo?

    Cargo transfer procedures must be outlined in the port operations 
manual and must provide:
    (a) Oil transfer procedures that accord with Sec.  156.120 of this 
chapter; and
    (b) Natural gas transfer procedures that accord with Sec. Sec.  
127.315, 127.317 and 127.319 of this chapter.


Sec.  150.430  What are the requirements for a declaration of 
inspection?

    (a) No person may transfer cargo from a tanker to a manned 
deepwater port unless a declaration of inspection complying with Sec.  
156.150(c) (for oil) or Sec.  127.317 (for natural gas) of this chapter 
has been filled out and signed by the vessel's officer in charge of 
cargo transfer and the person in charge of cargo transfer for the 
deepwater port.
    (b) Before signing a declaration of inspection, the vessel's 
officer in charge of cargo transfer must inspect the tanker; the person 
in charge of cargo transfer for the deepwater port must inspect the 
deepwater port. They must indicate, by initialing each item on the 
declaration of inspection form, that the tanker and deepwater port 
comply with Sec.  156.150 (for oil) or Sec.  127.317 (for natural gas) 
of this chapter.


Sec.  150.435  When are cargo transfers not allowed?

    No person may transfer cargo at a deepwater port:
    (a) When the person in charge of cargo transfer is not on duty at 
the port;
    (b) During an electrical storm in the port's vicinity;
    (c) During a fire at the port, at the onshore receiving terminal, 
or aboard a vessel berthed at the port, unless the person in charge of 
cargo transfer determines that a cargo transfer should be resumed as a 
safety measure;
    (d) When a leak develops of a sufficient quantity for product to 
accumulate in the cargo containment underneath the manifold or piping;
    (e) When there are not enough personnel and equipment at the port 
dedicated to contain and remove the discharges or perform the emergency 
response functions as required in the port's response plan under part 
154 (for oil), or emergency plan under part 127 (for natural gas) of 
this chapter;
    (f) Whenever the emergency shutdown system should have activated 
but failed to do;
    (g) By lighterage, except in bunkering operations, unless otherwise 
authorized by the COTP;
    (h) When the weather at the port does not meet the minimum 
operating conditions for cargo transfers as defined in the port's 
operations manual; or
    (i) When prescribed by the Port Security Plan under heightened 
security conditions at the port or its adjacent areas, or on vessels 
calling on or serving the port.


Sec.  150.440  How may the COTP order suspension of cargo transfers?

    (a) In case of emergency, the COTP may order the suspension of 
cargo transfers at a port to prevent the discharge, or threat of 
discharge, of oil or natural gas or to protect the safety of life and 
property.
    (b) An order of suspension may be made effective immediately.
    (c) The order of suspension must state the reasons for the 
suspension.
    (d) The licensee may petition the District Commander, in writing, 
or by any means if the suspension is effective immediately, to 
reconsider the order of suspension. The decision of the District 
Commander is considered final agency action.


Sec.  150.445  When is oil in an SPM-OTS displaced with water?

    (a) The Port Superintendent must ensure that the oil in an SPM-OTS 
is displaced with water and that the valve at the pipeline end manifold 
is closed whenever:
    (1) A storm warning is received forecasting weather conditions that 
will exceed the design operating criteria listed in the operations 
manual for the SPM-OTS;
    (2) A vessel is about to depart the SPM because of storm 
conditions; or
    (3) The SPM is not scheduled for use in an oil transfer operation 
within the next 7 days.
    (b) The Port Engineer will not be required to perform this 
requirement, provided it can be demonstrated to the OCMI, that a 
satisfactory alternative means of safely securing all cargo transfer 
hoses can be implemented in the event of severe weather conditions.

[[Page 781]]

Subpart F--Emergency and Specialty Equipment


Sec.  150.500  What does this subpart do?

    This subpart concerns requirements for maintenance, repair, and 
operational testing of emergency and specialty equipment at a deepwater 
port.

Maintenance and Repair


Sec.  150.501  How must emergency equipment be maintained and repaired?

    All lifesaving, firefighting, and other emergency equipment at a 
deepwater port, including additional equipment not required to be 
onboard the deepwater port, must be maintained in good working order 
and repaired according to the port's planned maintenance program and 
the requirements outlined in this subpart.

Lifesaving Equipment (General)


Sec.  150.502  What are the maintenance and repair requirements for 
lifesaving equipment?

    (a) Each deepwater port must have onboard, or in the operator's 
principal office in the case of an unmanned port, the manufacturer's 
instructions for performing onboard maintenance and repair of the 
port's lifesaving equipment. The instructions must include the 
following for each item of equipment, as applicable:
    (1) Instructions for maintenance and repair;
    (2) A checklist for use when carrying out the monthly inspections 
required under Sec.  150.513;
    (3) A schedule of periodic maintenance;
    (4) A diagram of lubrication points with the recommended 
lubricants;
    (5) A list of replaceable parts;
    (6) A list of sources of spare parts; and
    (7) A log for records of inspections and maintenance.
    (b) In lieu of the manufacturer's instructions required under 
paragraph (a) of this section, the deepwater port may have its own 
onboard planned maintenance program for maintenance and repair that is 
equivalent to the procedures recommended by the equipment manufacturer.
    (c) The deepwater port must have designated a person in charge of 
ensuring that maintenance and repair is carried out in accordance with 
the instructions required in paragraph (a) of this section.
    (d) If deficiencies in the maintenance or condition of lifesaving 
equipment are identified, the OCMI may review the instructions under 
paragraph (a) of this section and require appropriate changes to the 
instructions or operations to provide for adequate maintenance and 
readiness of the equipment.
    (e) When lifeboats, rescue boats, and liferafts are not fully 
operational because of ongoing maintenance or repairs, there must be a 
sufficient number of fully operational lifeboats and liferafts 
available for use to accommodate all persons on the deepwater port.
    (f) Except in an emergency, repairs or alterations affecting the 
performance of lifesaving equipment must not be made without notifying 
the OCMI in advance. The person in charge must report emergency repairs 
or alterations to lifesaving equipment to the OCMI, as soon as 
practicable.
    (g) The person in charge must ensure that spare parts and repair 
equipment are provided for each lifesaving appliance and component 
subject to excessive wear or consumption.

Launching Appliances


Sec.  150.503  What are the time interval requirements for maintenance 
on survival craft falls?

    (a) Each fall used in a launching device for survival craft or 
rescue boats must be turned end-for-end at intervals of not more than 
30 months.
    (b) Each fall must be replaced by a new fall when deteriorated or 
at intervals of not more than 5 years, whichever is earlier.
    (c) A fall that cannot be turned end-for-end under paragraph (a) of 
this section must be carefully inspected between 24 and 30 months after 
its installation. If the inspection shows that the fall is faultless, 
the fall may be continued in service up to 4 years after its 
installation. It must be replaced by a new fall 4 years after 
installation.


Sec.  150.504  When must the operator service and examine lifeboat and 
rescue boat launching appliances?

    (a) The operator must service launching appliances for lifeboats 
and rescue boats at intervals recommended in the manufacturer's 
instructions under Sec.  150.502(a), or deepwater port's planned 
maintenance program under Sec.  150.502(b).
    (b) The operator must thoroughly examine launching appliances for 
lifeboats and rescue boats at intervals not to exceed 5 years. Upon 
completion of the examination, the operator must subject the winch 
brakes of the launching appliance to a dynamic test.


Sec.  150.505  When must the operator service and examine lifeboat and 
rescue boat release gear?

    (a) The operator must service lifeboat and rescue boat release gear 
at intervals recommended in the manufacturer's instructions under Sec.  
150.502(a), or deepwater port's planned maintenance program under Sec.  
150.502(b).
    (b) The operator must subject lifeboat and rescue boat release gear 
to a thorough examination at each inspection for certification by 
personnel trained in examining the gear.

Inflatable Lifesaving Appliances


Sec.  150.506  When must the operator service inflatable lifesaving 
appliances and marine evacuation systems?

    (a) The operator must service each inflatable lifejacket, hybrid 
inflatable lifejacket, and marine evacuation system at intervals of 1-
year after its initial packing. The operator may delay the servicing up 
to 5 months to meet the next scheduled inspection of the deepwater 
port.
    (b) The operator must service each inflatable liferaft no later 
than the month and year on its servicing sticker under 46 CFR 160.151-
57(m)(3)(ii), except that the operator may delay servicing up to 5 
months to meet the next scheduled inspection of the deepwater port. The 
operator must also service each inflatable liferaft:
    (1) Whenever the container of the raft is damaged; or
    (2) Whenever the container straps or seals are broken.


Sec.  150.507  How must the operator service inflatable lifesaving 
appliances?

    (a) The operator must service each inflatable life raft according 
to 46 CFR part 160, subpart 160.151.
    (b) The operator must service each inflatable lifejacket according 
to 46 CFR part 160, subpart 160.176.
    (c) The operator must service each hybrid inflatable lifejacket 
according to the owner's manual and the procedures in 46 CFR part 160, 
subpart 160.077.


Sec.  150.508  What are the maintenance and repair requirements for 
inflatable rescue boats?

    The operator must perform the maintenance and repair of inflatable 
rescue boats according to the manufacturer's instructions.

Operational Tests and Inspections (General)


Sec.  150.509  How must emergency equipment be tested and inspected?

    All lifesaving, firefighting, and other emergency equipment at a 
deepwater port must be tested and inspected per this subpart.


Sec.  150.510  How must emergency equipment being tested be operated?

    The equipment must be operated under the operating instructions of 
the

[[Page 782]]

equipment's manufacturer when tests or inspections include operational 
testing of emergency equipment.


Sec.  150.511  What are the operational testing requirements for 
lifeboat and rescue boat release gear?

    (a) Lifeboat and rescue boat release gear must be operationally 
tested under a load of 1.1 times the total mass of the lifeboat or 
rescue boat when loaded with its full complement of persons and 
equipment.
    (b) The test must be conducted whenever the lifeboat, rescue boat, 
or their release gear is overhauled or at least once every 5 years.
    (c) The OCMI may consider alternate operational test procedures to 
those under paragraph (a) of this section.

Frequency of Tests and Inspections


Sec.  150.512  What are the weekly tests and inspections?

    The required weekly tests and inspections of lifesaving equipment 
are as follows:
    (a) The operator must visually inspect each survival craft, rescue 
boat, and launching device to ensure its readiness for use;
    (b) The operator must test the general alarm system; and
    (c) The operator must test for readiness of the engine, starting 
device, and communications equipment of each lifeboat and rescue boat 
according to the manufacturer's instructions.


Sec.  150.513  What are the monthly tests and inspections?

    (a) The operator must inspect monthly each item of lifesaving 
equipment under Sec.  150.502(b) to this subpart, to ensure that the 
equipment is complete and in good order. The operator must keep on the 
deepwater port (or in the operator's principal office, in the case of 
an unmanned deepwater port) a report of the inspection that includes a 
statement as to the condition of the equipment, and make the report 
available for review by the Coast Guard.
    (b) The operator must test monthly each Emergency Position 
Indicating Radio Beacon (EPIRB) and each Search and Rescue Transponder 
(SART), other than an EPIRB or SART in an inflatable liferaft. The 
operator must test the EPIRB using the integrated test circuit and 
output indicator to determine whether the EPIRB is operational.


Sec.  150.514  What are the annual tests and inspections?

    At least annually the operator must:
    (a) Strip, clean, thoroughly inspect, and, if needed, repair each 
lifeboat, rescue boat, and liferaft. At that time, the operator must 
empty, clean, and refill with fresh fuel each fuel tank;
    (b) Thoroughly inspect and, if needed, repair each davit, winch, 
fall, and other launching device;
    (c) Check each item of lifesaving equipment and replace any item 
that is marked with an expiration date that has passed;
    (d) Check each battery used in an item of lifesaving equipment and 
replace any battery that is marked with an expiration date that has 
passed; and
    (e) Replace any battery that is not marked with an expiration date 
if that battery is used in an item of lifesaving equipment, except for 
a storage battery used in a lifeboat or rescue boat.
    (f) The requirements in this section do not relieve the person in 
charge of the requirement to keep the equipment ready for immediate 
use.

Weight-Testing


Sec.  150.515  What are the requirements for weight-testing of newly 
installed or relocated craft?

    (a) The operator must perform installation weight-testing according 
to 46 CFR 199.45(a)(1) on each new lifeboat, rescue boat, and davit-
launched liferaft system.
    (b) The operator must conduct installation weight-tests, according 
to paragraph (a) of this section, when survival crafts are relocated to 
another deepwater port.


Sec.  150.516  What are the periodic requirements for weight-testing?

    The operator must weight-test, according to 46 CFR 199.45(a)(1), 
each lifeboat, davit-launched liferaft, and rescue boat every time a 
fall is replaced or turned end-for-end.


Sec.  150.517  How are weight tests supervised?

    (a) The installation and periodic tests required by 150.515 and 
150.516 of this subpart must be supervised by a person familiar with 
lifeboats, davit-launched liferafts, rescue boats, and with the test 
procedures under those sections.
    (b) The person supervising the tests must attest, in writing, that 
the tests have been performed according to Coast Guard regulations. The 
operator must keep a copy of the supervisor's attesting statement 
onboard the deepwater port (or in the operator's principal office, in 
the case of an unmanned deepwater port) and make it available to the 
OCMI.

Personal Safety Gear


Sec.  150.518  What are the inspection requirements for work vests and 
immersion suits?

    (a) All work vests and immersion suits must be inspected by the 
owner or operator pursuant to Sec.  150.105 of this part, to determine 
whether they are in serviceable condition.
    (b) If a work vest or immersion suit is inspected and is in 
serviceable condition, then it may be continued in service. If not, 
then it must be removed from the deepwater port.

Emergency Lighting and Power Systems


Sec.  150.519  What are the requirements for emergency lighting and 
power systems?

    (a) The operator must test and inspect the emergency lighting and 
power systems at least once each week to determine if they are in 
proper operating condition. If they are not in proper operating 
condition, then the operator must repair or replace their defective 
parts.
    (b) The operator must test under load each emergency generator 
driven by an internal combustion engine that is used for an emergency 
lighting and power system at least once in each month for a minimum of 
2 hours.
    (c) The operator must test each storage battery for the emergency 
lighting and power systems, at least once in each 6 months, to 
demonstrate the ability of the batteries to supply the emergency loads 
for an 8-hour period. The operator must follow the manufacturer's 
instructions in performing the battery test to ensure the batteries are 
not damaged during testing.

Fire Extinguishing Equipment


Sec.  150.520  When must fire extinguishing equipment be tested and 
inspected?

    The operations manual must specify how and when the operator will 
test and inspect each hand-portable fire extinguisher, semi-portable 
fire extinguisher, and fixed fire-extinguishing system. These 
specifications must accord with 46 CFR 31.10-18.


Sec.  150.521  What records are required?

    (a) The operator must maintain a record of each test and inspection 
under Sec.  150.520 on the deepwater port (or in the operator's 
principal office, in the case of an unmanned deepwater port) for at 
least 2 years.
    (b) The record must show:
    (1) The date of each test and inspection;
    (2) The number or other identification of each fire extinguisher or 
system tested or inspected; and
    (3) The name of the person who conducted the test or inspection and 
the name of the company that person represents.

[[Page 783]]

Miscellaneous Operations


Sec.  150.530  What may the fire-main system be used for?

    The fire-main system may be used only for firefighting and for deck 
washing, unless it is capable of being isolated and can provide the 
applicable minimum pressures required outlined in Sec.  149.416 of this 
chapter.


Sec.  150.531  How many fire pumps must be kept ready for use at all 
times?

    At least one of the fire pumps required by this subchapter must be 
kept ready for use at all times.


Sec.  150.532  What are the requirements for connection and stowage of 
fire hoses?

    (a) At least one length of fire-hose, with a combination nozzle, 
must be connected to each fire hydrant at all times. If in a location 
exposed to the weather, the fire-hose may be removed from the hydrant 
during freezing weather.
    (b) When not in use, fire-hose connected to a fire hydrant must be 
stowed on a hose rack.
    (c) The hydrant nearest the edge of a deck must have enough lengths 
of fire-hose connected to it to allow 10 feet of hose, when 
pressurized, to curve over the edge.


Sec.  150.540  What are the restrictions on fueling aircraft?

    If the deepwater port is not equipped with a permanent fueling 
facility, the COTP's approval is necessary before aircraft may be 
fueled at the port.


Sec.  150.550  What are the requirements for the muster list?

    (a) A muster list must be posted on each pumping platform complex.
    (b) The muster list must:
    (1) List the name and title of each person, in order of succession, 
who is the person in charge of the pumping platform complex for 
purposes of supervision during an emergency;
    (2) List the special duties and duty stations for each person on 
the pumping platform complex in the event of an emergency that requires 
the use of equipment covered by part 149 of this chapter; and
    (3) Identify the signals for calling persons to their emergency 
stations and for abandoning the pumping platform complex.


Sec.  150.555  How must cranes be maintained?

    Cranes must be operated, maintained, and tested in accordance with 
subpart F to 46 CFR part 109.

Subpart G--Workplace Safety and Health


Sec.  150.600  What does this subpart do?

    This subpart concerns requirements for workplace safety and health 
on a deepwater port.

Safety and Health (General)


Sec.  150.601  What are the requirements for workplace safety and 
health on a deepwater port?

    (a) Each operator of a deepwater port must ensure compliance, on 
that port, with the requirements of this subpart, and must ensure that 
all places of employment within the port are:
    (1) Maintained in compliance with workplace safety and health 
regulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (b) Persons responsible for actual operations, including owners, 
operators, contractors, and subcontractors must ensure that those 
operations subject to their control are:
    (1) Conducted in compliance with workplace safety and health 
regulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (c) The term ``recognized hazardous conditions,'' as used in this 
subpart, means conditions that are:
    (1) Generally known among persons in the affected industry as 
causing, or likely to cause, death or serious physical harm to persons 
exposed to those conditions; and
    (2) Routinely controlled in the affected industry.


Sec.  150.602  What occupational awareness training is required?

    (a) Each deepwater port operator must ensure that all port 
personnel are provided with information and training on recognized 
hazardous conditions in their workplace, including, but not limited to, 
electrical, mechanical, and chemical hazards. Specific required 
training topics are outlined in Sec.  150.15(u).
    (b) As an alternative to compliance with the specific provisions of 
this subpart, an operator may provide, for workplace safety and health, 
the implementation of an approved, port-specific safety and 
environmental management program (SEMP). Operators should consult with 
the Commandant (G-M) in preparing a SEMP. Five copies of a proposed 
SEMP must be submitted to the Commandant for evaluation. The Commandant 
may consult with the local OCMI, and will approve the SEMP if he or she 
finds that the SEMP provides at least as much protection of workplace 
safety and health as do the specific provisions of this subpart.


Sec.  150.603  What emergency response training is required?

    The requirements for emergency response training must be outlined 
in the port operations manual.


Sec.  150.604  Who controls access to medical monitoring and exposure 
records?

    If medical monitoring is performed or exposure records are 
maintained by an employer, the owner, operator, or person in charge 
must establish procedures for access to these records by personnel.


Sec.  150.605  What are the procedures for reporting a possible 
workplace safety or health violation at a deepwater port?

    Any person may notify the OCMI verbally or in writing of:
    (a) A possible violation of a regulation in this part; or
    (b) A hazardous or unsafe working condition on any deepwater port.


Sec.  150.606  After learning of a possible violation, what does the 
OCMI do?

    After reviewing the information received under Sec.  150.605 to 
this part and conducting any necessary investigation, the OCMI notifies 
the owner or operator of any deficiency or hazard and initiates 
enforcement measures as the circumstances warrant. The identity of any 
person making a report of a violation will remain confidential, except 
to the extent necessary for the performance of official duties or as 
agreed to by the person.

General Workplace Conditions


Sec.  150.607  What are the general safe working requirements?

    (a) All equipment, including machinery, cranes, derricks, portable 
power tools, and most importantly safety gear must be used in a safe 
manner and in accordance with the manufacturer's recommended practice, 
unless otherwise stated in this subchapter.
    (b) All machinery and equipment must be maintained in proper 
working order or removed.

Personal Protective Equipment


Sec.  150.608  Who is responsible for ensuring that personnel use or 
wear protective equipment and are trained in its use?

    (a) Each deepwater port operator must ensure that all personnel who 
are required by this subpart to use or wear personal protective 
equipment do so when within designated work areas at the port.

[[Page 784]]

    (b) Each deepwater port operator must ensure that:
    (1) All personnel engaged in the operation are trained in the 
proper use, limitations, and maintenance of the personal protective 
equipment specified by this subpart;
    (2) The equipment is maintained and used or worn as required by 
this subpart; and
    (3) The equipment is made available and on hand for all personnel 
engaged in the operation.

Eyes and Face


Sec.  150.609  When is eye and face protection required?

    The operator must provide eye and face protectors for the use of 
persons engaged in or observing activities where damage to the eye is 
possible, such as welding, grinding, machining, chipping, handling 
hazardous materials, or acetylene burning or cutting. These eye and 
face protectors must be:
    (a) Properly marked and in compliance with the requirements of 29 
CFR 1910.133; and
    (b) Maintained in good condition or replaced when necessary.


Sec.  150.610  Where must eyewash equipment be located?

    Portable or fixed eyewash equipment providing emergency relief must 
be immediately available near any area where there is a reasonable 
probability that eye injury may occur.

Head


Sec.  150.611  What head protection is required?

    The deepwater port operator must ensure that where there is a 
reasonable probability of injury from falling objects or contact with 
electrical conductors, personnel working or visiting such an area wear 
head protectors designed to protect them against such injury and 
complying with 29 CFR 1910.151.

Feet


Sec.  150.612  What footwear is required?

    The deepwater port operator must ensure that while personnel are 
working in an area, or engaged in activities, where there is a 
reasonable probability for foot injury to occur, they wear footwear 
that complies with 29 CFR 1910.136, except when environmental 
conditions exist that present a hazard greater than that against which 
the footwear is designed to protect.

Noise and Hearing Protection


Sec.  150.613  What are the requirements for a noise monitoring and 
hearing protection survey?

    (a) The deepwater port operator must measure noise and provide 
hearing protection in accordance with 29 CFR 1910.95.
    (b) The initial noise survey for a deepwater port must be completed 
no later than January 1, 2005, or within one year of beginning 
operations, whichever is later.

Clothing


Sec.  150.614  When is protective clothing required?

    The deepwater port operator must ensure that personnel exposed to 
flying particles, radiant energy, heavy dust, or hazardous materials 
wear clothing and gloves that protect against the hazard involved.

Electrical


Sec.  150.615  What safe practices are required?

    (a) The deepwater port operator must ensure that before personnel 
begin work that might expose them to an electrical charge, they turn 
off the electricity, unless doing so is not feasible.
    (b) The deepwater port operator must ensure that personnel turning 
off equipment pursuant to paragraph (a) of this section follow the 
lockout or tagging procedures specified in 29 CFR 1910.147, and in 
Sec. Sec.  150.616 and 150.617.
    (c) The deepwater port operator must ensure that, to prevent 
electrical shock, personnel receive training in electrical, safety-
related work practices in the area of the work they perform, including 
the use of electrical personal protective equipment appropriate to 
protect against potential electrical hazards.

Lockout/Tagout


Sec.  150.616  What are the requirements for lockout?

    The deepwater port operator must ensure that, if equipment 
(electrical, hydraulic, mechanical, and pneumatic) does not need to be 
powered during the work described in Sec.  150.615(a), and has a 
lockout or other device to prevent the equipment from being turned on 
unintentionally, that lockout or other device is activated.


Sec.  150.617  What are the requirements for tagout?

    (a) The deepwater port operator must ensure that, before work takes 
place on equipment that is disconnected from the power source, a tag 
complying with this section is placed at the location where the power 
is disconnected. The operator must ensure that, if there is a control 
panel for the equipment in line between the equipment and the location 
where the power is disconnected, a tag complying with this section is 
also placed on the control panel.
    (b) Each tag or sign must have words stating:
    (1) That equipment is being worked on;
    (2) That power must not be restored or the equipment activated; and
    (3) The name of the person who placed the tag.
    (c) Only the person who placed the tag, that person's immediate 
supervisor, or the relief person of either, is authorized to remove the 
tag.

Respiratory Protection


Sec.  150.618  What are the requirements for respiratory protection?

    (a) The deepwater port operator must ensure that respiratory 
protection measures are taken in compliance with 29 CFR 1910.134 
including establishment of a formal respiratory protection program.
    (b) The deepwater port operator must ensure that measures for 
protection from exposure to asbestos are taken in compliance with 29 
CFR 1910.1001.
    (c) The deepwater port operator must ensure that measures for 
protection from exposure to inorganic lead are taken in compliance with 
29 CFR 1910.1025.

Fall Arrest


Sec.  150.619  What are the fall arrest system requirements?

    The deepwater port operator must ensure that all personnel who are 
exposed to the risk of falling more than 6 feet, or who are at risk of 
falling any distance onto equipment with irregular surfaces, exposed 
moving components, electrically energized cables or connectors, or 
water, are protected against such a fall either by guardrails or other 
measures that comply with 29 CFR 1910.23 or 1910.28, or by the use of 
suitable lifesaving equipment that complies with 46 CFR part 160. In 
addition, the operator must take measures to control the risk of 
falling, tripping, or slipping in work areas and walkways due to the 
presence of loose material or wet conditions including spills.

Machine Guards


Sec.  150.620  What are the requirements for protecting personnel from 
machinery?

    The deepwater port operator must ensure that all personnel are 
protected from the risks created by operating machinery through the use 
of guard

[[Page 785]]

devices or other measures that comply with 29 CFR 1910.212, or through 
the use of conspicuously posted warning signs that comply with 150.626 
of this part.

Slings


Sec.  150.621  What are the requirements for slings?

    The use of slings for material handling must comply with the 
requirements of 29 CFR 1910.184.

Warning Signs


Sec.  150.622  What are the warning sign requirements?

    The construction and use of warning signs must be in compliance 
with 29 CFR 1910.144 and 1910.145.

Confined Space Safety


Sec.  150.623  What are the requirements for protecting personnel from 
hazards associated with confined spaces?

    (a) All personnel must be protected by suitable measures from 
inadvertently entering a confined space containing a hazardous 
atmosphere that can cause death or serious injury.
    (b) Each deepwater port operator shall evaluate the port-specific 
hazards associated with confined space entry and develop a confined 
space safe entry program that complies with:
    (1) 29 CFR 1910.146 for permit-required confined spaces, where 
applicable; and
    (2) A national consensus standard, as that term is defined in 29 
CFR 1910.2, or that is set by a nationally recognized testing 
laboratory as defined in 29 CFR 1910.7 and that provides levels of 
personnel protection at least equivalent to those provided for shipyard 
personnel by 29 CFR part 1915, subpart B.
    (c) To implement the confined space safe entry program, the 
deepwater port operator must determine the education, training and 
experience needed by the designated competent persons to safely conduct 
their duties, including:
    (1) Identification, testing, and certification of confined spaces; 
and
    (2) Training of personnel regarding dangers, etc.
    (d) These measures must be specified in the port operations manual, 
along with a list of all confined spaces on the port, describing the 
specific hazards associated with each such space.

Blood-Borne Pathogens


Sec.  150.624  What are the requirements for protecting personnel from 
blood-borne pathogens?

    Measures for protection from the dangers of blood-borne pathogens 
must be taken in compliance with 29 CFR 1910.1030.

Hazard Communication Program


Sec.  150.625  What must the hazard communication program contain?

    (a) Each deepwater port must have a hazard communication program 
(HCP) available for the training of, and review by, all personnel on 
the deepwater port.
    (b) The program must be in writing and describe or include:
    (1) An inventory of each hazardous material on the deepwater port;
    (2) The potential hazards of the material;
    (3) The material's intended use on the deepwater port;
    (4) The methods for handling and storing the material;
    (5) The protective measures and equipment to be used to avoid 
hazardous exposure;
    (6) The labeling, marking, or tagging of the material;
    (7) The special precautions, such as lockout and tagout under 
Sec. Sec.  150.616-150.617, that should be emphasized when working 
around the material;
    (8) Information and training required for personnel onboard the 
deepwater port; and
    (9) A material safety data sheet (MSDS) for the material.
    (c) The information on a material safety data sheet on the material 
may be used as a substitute for items in paragraph (b) of this section 
that are addressed in the sheet.
    (d) The program must be supplemented as necessary to address each 
hazardous material newly introduced on the deepwater port.


Sec.  150.626  What is the hazard communication program used for?

    (a) The hazard communication program must ensure that all deepwater 
port employees, when required by their duties, work safely and 
responsibly with hazardous materials.
    (b) The person in charge for safety must ensure that, before a 
person is allowed to work at the deepwater port:
    (1) A copy of the hazard communication program is made available to 
the person; and
    (2) The person is trained in the information contained in the 
program.
    (c) The training must be supplemented to address each hazardous 
material newly introduced on the deepwater port.


Sec.  150.627  Must material safety data sheets be available to all 
personnel?

    (a) The person in charge must ensure that a material safety data 
sheet (MSDS) for each hazardous material on the fixed or floating 
deepwater port is made available to all personnel on the port.
    (b) Each MSDS must contain at least information on the use, proper 
storage, potential hazards, and appropriate protective and response 
measures to be taken when exposed to or handling the material.


Sec.  150.628  How must the operator label, tag, and mark a container 
of hazardous material?

    The operator must label, tag, or mark each container of hazardous 
material with the identity of the hazardous material and the 
appropriate physical, health, reactivity and other special condition 
hazard warnings. The only exception is for portable containers for 
transferring a hazardous material from a labeled container to the work 
site for immediate use by the person who performs the transfer.

Subpart H--Aids to Navigation


Sec.  150.700  What does this subpart do?

    This subpart provides requirements for the operation of aids to 
navigation at a deepwater port.


Sec.  150.705  What are the requirements for maintaining and inspecting 
aids to navigation?

    (a) All aids to navigation must be maintained in proper operating 
condition at all times.
    (b) The Coast Guard may inspect all aids to navigation at any time 
without notice.


Sec.  150.710  What are the requirements for supplying power to aids to 
navigation?

    The power to all aids to navigation must be maintained, at all 
times, at or above the level recommended by the equipment's 
manufacturer.


Sec.  150.715  What are the requirements for lights used as aids to 
navigation?

    (a) Each light under part 149, subpart E of this chapter, used as 
an aid to navigation at a deepwater port, must be lit continuously from 
sunset to sunrise.
    (b) During construction, a platform or SPM (if positioned on the 
surface or within the net under-keel depth for tankers transiting 
within the safety zone) must be marked with at least one of the 
following:
    (1) The obstruction lights required for the structure in part 149, 
subpart E, of this chapter;
    (2) The fixed lights of a vessel attending the structure; or
    (3) The general illumination lights on the structure, if they meet 
or exceed the intensity required for obstruction lights required for 
the structure.
    (c) The focal plane of each obstruction light and rotating lighted 
beacon must

[[Page 786]]

always coincide with the horizontal plane that passes through the light 
source.


Sec.  150.720  What are the requirements for sound signals?

    The sound signal on each pumping platform complex must be operated 
whenever the visibility in any horizontal direction from the structure 
is less than 5 miles. If the platform is under construction, this 
requirement may be met by the use of a 2-second whistle blast, made 
every 20 seconds by a vessel moored at the platform.

Subpart I--Reports and Records


Sec.  150.800  What does this subpart do?

    This subpart concerns reports that must be submitted, and records 
that must be kept, by the licensee.

Reports


Sec.  150.805  What reports must be sent both to a classification 
society and to the Coast Guard?

    A copy of each report submitted to an authorized classification 
society, as defined in 46 CFR 8.100 for maintenance of an SPM's class 
under the rules of that society, must also be submitted to the OCMI.


Sec.  150.810  Reporting a problem with an aid to navigation.

    (a) Any problem affecting the operation or characteristics of an 
aid to navigation at the deepwater port must be reported, by the 
fastest means available, to the District Commander. The report must 
identify:
    (1) The aid to navigation affected;
    (2) The location of that aid;
    (3) The nature of the problem; and
    (4) The estimated time of repair.
    (b) When the problem is corrected, the District Commander must be 
notified.



Sec.  150.815  How must casualties be reported?

    (a) Immediately after aiding the injured and stabilizing the 
situation, the owner, operator, or person in charge of a deepwater port 
must notify the nearest Marine Safety Office, Coast Guard Activity, or 
Coast Guard Group Office of each event on, or involving, the deepwater 
port that results in one or more of the following:
    (1) Loss of life;
    (2) An injury that requires professional medical treatment 
(treatment beyond first aid) and, if the person is engaged or employed 
on the deepwater port, that renders the individual unfit to perform his 
or her routine duties;
    (3) Impairment to the operation of any of the port's primary 
lifesaving or fire-fighting equipment; or
    (4) Property damage in excess of $100,000, including damage 
resulting from a vessel or aircraft striking the port. This amount 
includes the cost of labor and material to restore all affected items, 
including, but not limited to, the port and the vessel or aircraft to 
their condition before the damage. This amount does not include the 
cost of salvage, cleaning, gas freeing, dry-docking, or demurrage of 
the port, vessel, or aircraft.
    (b) The notice under paragraph (a) of this section must identify 
the following:
    (1) The deepwater port involved;
    (2) The owner, operator, or person in charge of the port;
    (3) The nature and circumstances of the event; and
    (4) The nature and extent of the injury and damage resulting from 
the event.


Sec.  150.820  When must a written report of casualty be submitted and 
what must it contain?

    (a) In addition to the notice of casualty under Sec.  150.815, the 
owner, operator, or person in charge of a deepwater port must submit a 
written report of the event to the nearest OCMI within 5 days after the 
notice of casualty. The report may be on Form 2692 (Report of Marine 
Accident, Injury, or Death) or in narrative form if it contains all of 
the applicable information requested in Form 2692. Copies of Form 2692 
are available from the OCMI.
    (b) The written report must also include the information relating 
to alcohol and drug involvement specified by 46 CFR 4.05-12.
    (c) If filed immediately after the event, the written report 
required by paragraph (a) of this section serves as the notice required 
under Sec.  150.815.


Sec.  150.825  Reporting a diving-related casualty.

    Diving-related deaths and injuries within the safety zone of a 
deepwater port must be reported according to 46 CFR 197.484 and 
197.486, rather than to Sec. Sec.  150.815 and 150.820.


Sec.  150.830  Reporting a pollution incident.

    Oil pollution incidents involving a deepwater port are reported 
according to Sec. 135.305 and 135.307 of this chapter.


Sec.  150.835  Reporting sabotage or a subversive activity.

    The owner, operator, or person in charge of a deepwater port must 
immediately report to the COTP, by the fastest possible means, any 
evidence of sabotage or subversive activity against any vessel at the 
deepwater port or against the deepwater port itself.

Records


Sec.  150.840  What records must be kept?

    (a) The licensee must keep copies at the deepwater port of the 
reports, records, test results, and operating data required by this 
part. In the case of unmanned deepwater ports, these copies must be 
kept at the operator's principal office rather than on the port.
    (b) The copies must be readily available to Coast Guard inspectors.
    (c) Except for personnel records under Sec.  150.845, the copies 
must be kept for 3 years.


Sec.  150.845  Personnel records.

    The licensee must keep documentation on the designation and 
qualification of the supervisory positions, outlined in the port 
operations manual, that are responsible for the management of the 
deepwater port. These records must be kept for the life of the 
deepwater port.


Sec.  150.850  How long must a declaration of inspection form be kept?

    The licensee must keep signed copies of the declaration of 
inspection forms required by Sec.  150.430 for one month from the date 
of signature.

Subpart J--Safety Zones, No Anchoring Areas, and Areas To Be 
Avoided


Sec.  150.900  What does this subpart do?

    (a) This subpart provides requirements for the establishment, 
restrictions, and location of safety zones, no anchoring areas, and 
areas to be avoided around deepwater ports.
    (b) Subpart D of this part, concerning vessel navigation and 
activities permitted and prohibited at deepwater ports, applies within 
safety zones, no anchoring areas, and areas to be avoided and their 
adjacent waters and supplements the International Regulations for 
Preventing Collisions at Sea.
    (c) Recommended shipping safety fairways, associated with deepwater 
ports, are described in part 166 of this chapter.


Sec.  150.905  Why are safety zones, no anchoring areas, and areas to 
be avoided established?

    Safety zones, no anchoring areas, and areas to be avoided under 
this subchapter are established to promote safety of life and property, 
marine environmental protection, and navigational safety at deepwater 
ports and adjacent waters. Safety zones, no anchoring areas, and areas 
to be avoided

[[Page 787]]

accomplish these objectives by preventing or controlling specific 
activities, limiting access by vessels or persons, and by protecting 
the living resources of the sea from harmful agents.


Sec.  150.910  What installations, structures, or activities are 
prohibited in a safety zone and area to be avoided?

    No installations, structures, or activities that are incompatible 
with port operations are allowed in the safety zone and area to be 
avoided of a deepwater port.


Sec.  150.915  How are safety zones, no anchoring areas, and areas to 
be avoided established and modified?

    (a) Safety zones, no anchoring areas, and areas to be avoided are 
developed and designated during the application process for a deepwater 
port license and may be modified according to this section.
    (b) Before a safety zone, no anchoring area, and area to be avoided 
is established, all factors detrimental to safety, including the 
congestion of vessels, the presence of unusually harmful or hazardous 
substances, and the presence of obstructions around the site of the 
deepwater port, are considered.
    (c) Commandant (G-M) shall establish safety zones and develop no 
anchoring areas and areas to be avoided for presentation to the 
International Maritime Organization (IMO) for approval. Commandant (G-
M) may consult with the District Commander prior to establishing safety 
zones. Once established, the District Commander may request that 
Commandant (G-M) modify an existing safety zone. The Commandant (G-M) 
may then publish a final rule modifying the zone and area in its 
regulations. Routing measures requiring approval by the International 
Maritime Organization in order to be effective will be effective only 
after such approval is granted and such approval is announced by 
subsequent notice in the Federal Register.
    (d) When there is an imminent threat to the safety of life and 
property within the zone and area, the District Commander may modify 
the safety zone and its regulations in an interim rule without first 
requesting that Commandant (G-M) publish a notice of proposed 
rulemaking. The interim rule makes the safety zone, no anchoring area, 
and area to be avoided and the regulations thereto effective on 
publication in the Federal Register, provided those routing measures 
requiring approval at the International Maritime Organization have 
received that approval, and requests public comments. After considering 
the comments received, the Commandant (G-M), after consulting with the 
District Commander, shall publish a final rule, which may adopt the 
interim rule with or without changes or remove it.
    (e) If required by circumstances, safety zones and areas to be 
avoided may be placed into effect immediately but must be followed 
promptly by the procedures in paragraph (d) of this section.


Sec.  150.920  How is notice given of new or proposed safety zones, no 
anchoring areas, and areas to be avoided?

    In addition to documents published in the Federal Register under 
Sec.  150.915, the District Commander may provide public notice of new 
or proposed safety zones, no anchoring areas, and areas to be avoided 
by Broadcast Notices to Mariners, Notices to Mariners, Local Notices to 
Mariners, newspapers, broadcast stations, or other means.


Sec.  150.925  How long may a safety zone, no anchoring area, and area 
to be avoided last?

    A safety zone, no anchoring area, and area to be avoided and 
applicable regulations may go into effect as early as when equipment 
and materials for construction of the deepwater port arrive at the site 
and may remain in effect until the deepwater port is removed.


Sec.  150.930  What datum is used for the geographic coordinates in 
this subpart?

    The geographic coordinates used in this subpart are not intended 
for plotting on charts or maps using coordinates based on the North 
American Datum of 1983 (NAD 83). If you use the geographic coordinates 
in this subpart to plot on a chart or map referencing NAD 83, you must 
make corrections as shown on the chart or map.

    Dated: December 16, 2003.
T.H. Gilmour,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 03-32204 Filed 12-30-03; 9:36 am]
BILLING CODE 4910-15-P