2254 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

■ E. Adding paragraph 

(e)(26)(ii)(B)(1)(v); and 

■ F. Adding a new paragraph 

(e)(26)(ii)(B)(2) to read as follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(e) * * * 

(26) * * * 

(ii) * * * 

(B) * * * Additionally, Phase I 

studies may be approved on a case by 

case basis when the requirements below 

are met. 

(1) * * * 

(ii) Such treatments are NCI 

sponsored Phase I, Phase II or Phase III 

protocols; and 

* * * * * 

(iv) The institutional and individual 

providers are CHAMPUS authorized 

providers; and, 

(v) The requirements for Phase I 

protocols in paragraph (e)(26)(ii)(B)(2) of 

this section are met: 

(2) Requirements for Phase I protocols 

are: 

(i) Standard treatment has been or 

would be ineffective, does not exist, or 

there is no superior non-investigational 

treatment alternative; and, 

(ii) The available clinical or 

preclinical data provide a reasonable 

expectation that the treatment will be at 

least as effective as the noninvestigational alternative; and, 

(iii) The facility and personnel 

providing the treatment are capable of 

doing so by virtue of their experience, 

training, and volume of patients treated 

to maintain expertise; and, 

(iv) The referring physician has 

concluded that the enrollee’s 

participation in such a trial would be 

appropriate based upon the satisfaction 

of paragraphs (e)(26)(ii)(B)(2)(i) through 

(iii) of this section. 

* * * * * 

Dated: January 4, 2011. 

Patricia L. Toppings, 

OSD Federal Register, Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–621 Filed 1–12–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 146 

[Docket No. USCG–2008–1088] 

RIN 1625–AB28 

Notice of Arrival on the Outer 

Continental Shelf 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard revises its 

regulations on Outer Continental Shelf 

(OCS) Activities to enhance maritime 

domain safety and security awareness 

on the OCS by issuing regulations 

which will require notice of arrival for 

floating facilities, mobile offshore 

drilling units (MODUs), and vessels 

planning to engage in OCS activities. 

This final rule implements provisions of 

the Security and Accountability for 

Every Port Act of 2006 and increases 

overall maritime domain awareness by 

requiring owners or operators of United 

States and foreign flag floating facilities, 

MODUs, and vessels to submit notice of 

arrival information to the National 

Vessel Movement Center prior to 

engaging in OCS activities. 

DATES: This final rule is effective 

February 14, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1088 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2008–1088 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Kevin Pekarek, Vessel and 

Facility Operating Standards Division 

(CG–5222), Coast Guard; telephone 202– 

372–1386, e-mail 

Kevin.Y.Pekarek2@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Discussion of Comments and Changes 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

BOEMRE Bureau of Ocean Energy 

Management, Regulation and 

Enforcement. 

CFR Code of Federal Regulations. 

DHS Department of Homeland 

Security. 

FR FEDERAL REGISTER. 

ISM International Safety Management. 

ISSC International Ship Security 

Certificate. 

MMS Minerals Management Service. 

MODU Mobile Offshore Drilling Unit. 

NAICS North American Industry 

Classification System. 

NOA Notice of Arrival. 

NOA OCS Notice of Arrival on the 

Outer Continental Shelf. 

NPRM Notice of Proposed 

Rulemaking. 

NTTAA National Technology Transfer 

and Advancement Act, 15 U.S.C. 272 

note. 

NVMC National Vessel Movement 

Center. 

OCS Outer Continental Shelf. 

OCSLA Outer Continental Shelf Lands 

Act. 

OIRA Office of Information and 

Regulatory Affairs. 

OMB Office of Management and 

Budget. 

RFA Regulatory Flexibility Act, 5 

U.S.C. 601–612. 

SAFE Port Act Security and 

Accountability for Every Port Act of 

2006, Pub. L. 109–347, 120 Stat. 1884 

(2006). 

U.S.C. United States Code. 

U.S.C.A. United States Code 

Annotated. 

II. Regulatory History 

On June 22, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Notice of Arrival (NOA) on the 

Outer Continental Shelf in the Federal 

Register (74 FR 29439). We received two 

sets of comments on the proposed rule 

prior to the close of the comment 

period. One additional set of comments 

was received after the close of the 


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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 2255 

1 33 U.S.C. 1223 note (West 2009). 

2As defined in 1 U.S.C. 3 (and reiterated in part 

140 of this subchapter) a vessel is ‘‘every 

description of watercraft or other artificial 

contrivance used, or capable of being used, as a 

means of transportation on water.’’ This definition 

includes those units we propose to regulate with 

this rulemaking (i.e., floating facilities, MODUs, and 

vessels engaging in OCS activities). 

3H.R. 4954, 152nd Cong. (2006). 

comment period, responding to 

comments submitted earlier. No public 

meeting was requested and none was 

held. 

III. Basis and Purpose 

Congress and the President enacted 

the Security and Accountability for 

Every Port Act of 2006 (SAFE Port Act), 

Public Law 109–347, 120 Stat. 1884, on 

October 13, 2006. This rule is in 

response to Section 109 of the SAFE 

Port Act,1 which requires publication, 

within 180 days of enactment, of 

regulations that ‘‘update and finalize’’ 

NOA procedures for foreign vessels 2 on 

the OCS. As required by the SAFE Port 

Act, this final rule makes our 

regulations ‘‘consistent with information 

required under the Notice of Arrival 

§ 160.206 of title 33, Code of Federal 

Regulations as in effect on the date of 

enactment of the Act.’’ It adds NOA 

requirements for foreign vessels on the 

OCS. It also extends those requirements 

to U.S. floating facilities, MODUs, and 

vessels arriving on, and engaging in, 

OCS activities from foreign ports or 

places, and moving from one OCS block 

area to another. In addition to 

implementing the SAFE Port Act and 

expanding NOA requirements, this rule 

enhances security by requiring U.S. and 

foreign vessels, floating facilities, and 

MODUs arriving on and engaging in 

OCS activities to report their arrival 

times and locations and information 

regarding the vessels, voyage, cargo, and 

crew. Such information is critical to 

maritime domain safety and security 

awareness and will enable the Coast 

Guard to more effectively prevent or 

respond to a safety or security concern 

on the OCS. 

IV. Background 

The legislative history for the SAFE 

Port Act relating to the ‘‘update and 

finalize’’ language found in section 109 

provides no specific direction for 

implementing that section. The Senate 

version of the bill contains the section 

109 provisions, and the House of 

Representatives bill does not. The 

Congressional record does not otherwise 

elucidate the requirement. The House of 

Representatives Conference Report 

reveals only that both houses of 

Congress adopted section 109 without 

additional discussion.3

Other Coast Guard NOA OCS 

Regulations, 33 CFR 146.202 

The Coast Guard does, however, have 

existing OCS NOA regulations, which 

cover only MODUs. These were 

established on March 4, 1982, as part of 

a final rule entitled, Outer Continental 

Shelf Activities (47 FR 9366). The Outer 

Continental Shelf Activities rule was in 

response to enactment of the Outer 

Continental Shelf Lands Act 

Amendments of 1978 and impacted 

requirements for design, equipment, 

operations, manning, inspections, and 

investigations for facilities, vessels, and 

other units (domestic and foreign) 

engaged in OCS activities. 

However, the rule also had provisions 

specifically regarding MODUs. Those 

provisions ensured that foreign MODUs 

operating on the OCS meet the manning 

and safety standards comparable to 

those met by U.S. MODUs. A provision 

of that rule, 33 CFR 146.202, specifically 

addresses NOA and relocation of any 

MODU on the OCS. That section 

provides that an owner of any MODU 

engaged in OCS activities must, 14 days 

before arrival of the MODU on the OCS 

or as soon thereafter as practicable, 

notify the District Commander for the 

area in which the MODU will operate 

of: (1) The MODU’s name, nationality, 

and designation assigned for 

identification under 30 CFR 250.37; (2) 

the location and year that the MODU 

was built; (3) the name and address of 

the owner, and the owner’s local 

representative, if any; (4) classification 

or inspection certificates currently held 

by the MODU; (5) the location and date 

that operations are expected to 

commence, and their anticipated 

duration; and (6) the location and date 

that the MODU will be available and 

ready for inspection by the Coast Guard. 

In addition, once a MODU is located on 

the OCS, the owner must notify the 

District Commander before relocating 

the MODU. The purpose of 33 CFR 

146.202 is to assist District Commanders 

in gathering information on MODUs 

prior to inspection of those units. 

Consistency With 33 CFR 160.206 

The Coast Guard also has recently 

updated NOA rules. In response to the 

terrorist attacks of September 11, 2001, 

the Coast Guard published, on February 

28, 2003, the final rule entitled 

Notification of Arrival in U.S. Ports (68 

FR 9537). The rule enhanced 

notification of arrival and departure 

requirements for U.S. and foreign 

vessels bound for, or departing from, 

ports or places in the United States. The 

rule also increased, from 24 hours to 96 

hours, the advance notice a vessel must 

submit to the National Vessel Movement 

Center (NVMC); described the 

timeframes for updating an NOA; and 

added more information to the list of 

items that must be submitted, as part of 

the NOA, to the NVMC. Pursuant to that 

rule, specifically 33 CFR 160.206, the 

information items submitted to the 

NVMC include: Vessel information; 

voyage information; cargo information; 

information for each crewmember 

onboard; information for each person 

onboard in addition to the crew; 

operational condition of equipment; 

International Safety Management (ISM) 

code notice; Cargo Declaration; and 

International Ship and Port Facility 

code (ISPS) notice. The Coast Guard 

collects this information to ensure, to 

the extent practicable, public safety, 

security, and the uninterrupted flow of 

commerce. 

Coast Guard Action 

After considering section 109 of the 

SAFE Port Act and current NOA rules, 

the Coast Guard has determined that 

section 109 of the SAFE Port Act 

requires finalizing NOA OCS rules by 

adding to those requirements found at 

§ 146.202 for MODUs. This new final 

rule is designed to be consistent with 

the NOA requirements of § 160.206 for 

vessels bound for, or departing from, 

ports, or places in the United States. 

This rulemaking is intended to 

comply with the section 109 mandate. It 

also extends those NOA OCS 

requirements to U.S floating facilities, 

MODUs, and vessels (arriving on, and 

engaging in, OCS activities from foreign 

ports or places) under the authority of 

the Outer Continental Shelf Lands Act, 

43 U.S.C. 1356 (2007), and the Ports and 

Waterways Safety Act, 33 U.S.C. 1226 

(2007). Extending the NOA OCS 

requirements is essential for overall 

maritime domain safety and security 

awareness. Moreover, obtaining 

knowledge of all individuals, floating 

facilities, MODUs, and vessels engaging 

in OCS activities will better equip the 

Coast Guard to prevent and respond to 

a safety or security incident on the OCS. 

If the Coast Guard receives specific 

threat information for an area, the 

knowledge obtained from these 

requirements will enable it to know who 

is in the area, what they are doing, and 

how to contact them. In addition, if a 

floating facility, MODU, or vessel has an 

incident, the Coast Guard will be able to 

use this knowledge to better assess the 

potential impacts of the event, respond 

to it, and seek additional assistance in 

that or a nearby area when needed. 


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2256 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

V. Discussion of Comments and 

Changes 

The Coast Guard received two sets of 

comments from trade associations in 

response to the NPRM. The Coast Guard 

considered all comments filed. Below, 

we discuss in detail the public 

comments addressing issues raised in 

the NPRM and our responses to those 

comments. 

1. Definition of ‘‘OCS Activity’’ and the 

Energy Policy Act 

Two separate commenters suggested 

that the definition of ‘‘OCS activity,’’ as 

used in the rule, be revised in light of 

amendments to the Outer Continental 

Shelf Lands Act (OCSLA), particularly 

those amendments created by Section 

388 of the Energy Policy Act of 2005. 

Coast Guard Response. The definition 

of ‘‘OCS activity’’ is found in the 

regulations at 33 CFR 140.10. Section 

140.10 defines ‘‘OCS activity’’ as ‘‘any 

offshore activity associated with 

exploration for, or development or 

production of, the minerals of the Outer 

Continental Shelf.’’ 33 CFR 140.10. This 

rulemaking was intended to implement 

the SAFE Port Act and not the Energy 

Policy Act of 2005, which permits 

leases, easements, or rights-of-way on 

the OCS for activities not otherwise 

authorized under other laws, including: 

(1) Exploration, development, 

production, or storage of oil or natural 

gas except in areas prohibited by a 

moratorium; (2) transportation of oil or 

natural gas, excluding shipping 

activities; (3) production, transportation, 

or transmission of energy from sources 

other than oil or gas; and (3) use of 

facilities for activities authorized under 

the Act. Energy Policy Act of 2005 

section 388, Public Law 109–58, 119 

Stat. 744. Because the goal of this rule 

was directed by the SAFE Port Act and 

was not to alter the definition of ‘‘OCS 

activity,’’ as established in Title 33 of 

the CFR, doing so would be beyond the 

scope of this rule. 

2. NOAs for Moves Between OCS 

Locations 

One commenter asks that we either 

modify the rule to eliminate the need for 

NOAs for units moving between 

locations on the OCS or coordinate the 

processing of the NOA requirements 

with those regarding navigation safety 

(33 CFR 143.15) to reduce reporting 

burdens. A separate commenter asserts 

the opposite, stating that vessels must 

report their movements between OCS 

locations and ports and that this 

requirement should also include vessels 

that do not moor offshore. 

Coast Guard Response. Current 

regulations state that the owner must 

notify the District Commander when a 

unit is relocated. The goal of the SAFE 

Port Act is to improve maritime and 

cargo security through enhanced layered 

defenses. Requiring revised NOAs each 

time there is a change in position 

furthers that goal. However, the Coast 

Guard believes it would be sufficient for 

an NOA to be required only when 

MODUs, floating facilities, and vessels 

arrive from a foreign port or place, or 

move a few miles from one OCS block 

area to another. OCS block areas are 

used by the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOE)—formerly the 

Minerals Management Service—to 

facilitate management and leasing on 

the OCS. They vary in size depending 

on the OCS blocks the block areas 

contain. The OCSLA permits a 

maximum size for an OCS block of 

5,760 acres (9 square miles). 

For example, a MODU, floating 

facility, or vessel moving within the 

Green Canyon block area would not 

have to submit a revised NOA; but if 

moving from Green Canyon to the 

Walker Ridge block area, a revised NOA 

would be required. Therefore, 

§§ 146.103(a), 146.104(a), 146.215(a), 

and 146.405(a)(1) have been revised to 

reflect this change. Definitions for 

‘‘arrives on the OCS’’ and ‘‘OCS block 

areas’’ have been added as new 

§§ 146.102, 146.200, and 146.402. 

For the alternative suggestion of 

coordinating processing of the NOA 

requirements with those regarding 

navigation safety, this is not possible 

because the reports are for different 

functions and are sent to different 

offices. Coast Guard navigation safety 

requirements used for lights and 

warning devices to prevent collisions at 

sea are sent to the office of the District 

Commander. NOA requirements for 

maritime security are submitted to the 

National Vessel Movement Center office 

(NVMC). 

3. Authorities 

One commenter questions the use of 

the Ports and Waterways Safety Act as 

an authority for this rule. That 

commenter notes that at the time the 

Coast Guard proposed the existing NOA 

rules in 33 CFR 160.206, this same 

commenter questioned the applicability 

of those rules to OCS facilities as a ‘‘port 

or place in the United States.’’ The 

commenter argues that our response to 

that comment indicates that we do not 

interpret OCS locations to be a ‘‘port or 

place in the United States’’ for purposes 

of the Ports and Waterways Safety Act. 

As such, the commenter says 33 U.S.C. 

1223 and 1226 should not be listed as 

authorities. If they are included, they 

ask the Coast Guard to clarify its 

understanding of OCS facilities under 

the Act. 

Coast Guard Response. 33 U.S.C. 1223 

refers to ‘‘a port or place subject to the 

jurisdiction of the United States’’ (rather 

than a ‘‘port or place in the United 

States’’). Also, 33 U.S.C. 1226 provides 

authority to take actions to prevent or 

respond to acts of terrorism against 

individuals, vessels, or structures 

‘‘subject to the jurisdiction of the United 

States.’’ 33 CFR 101.105 defines ‘‘waters 

subject to the jurisdiction of the U.S.’’ as 

including the following: ‘‘in respect to 

facilities located on the Outer 

Continental Shelf of the U.S., the waters 

superjacent thereto.’’ These provisions 

underscore the authority of the Ports 

and Waterways Safety Act in driving 

this rule, which establishes regulations 

requiring notice of arrival for United 

States and foreign flag floating facilities, 

MODUs, and vessels prior to engaging 

in OCS activities. 

4. Use of Information Reported 

One commenter states that the 

information the Coast Guard requests 

with this rule, particularly in 

§ 146.103(a)(6)(v), which requires 

reporting positions or duties for 

individuals on board floating facilities, 

will be used for other purposes, such as 

enforcement of cabotage (coastal trade 

and/or navigation) or OCS employment 

restrictions. This commenter requests 

that we remove this requirement. 

Coast Guard Response. The Coast 

Guard disagrees that this information is 

being requested for cabotage, OCS 

employment restrictions, or other nonNOA purposes. The information is being 

requested for security purposes and 

reflects existing NOA requirements in 

33 CFR 160.206, as required by the 

SAFE Port Act. As noted, maintaining 

situational awareness is the foundation 

of a comprehensive security regime. 

This information will enable the Coast 

Guard to respond to emerging threats on 

the OCS through such mechanisms as 

critical notices to operators in the area 

that may be threatened. It will also 

improve maritime safety by enabling the 

Coast Guard to better protect mariners 

operating on the OCS. 

5. Estimated Costs 

One commenter states that costs 

should be modified to eliminate the 

need for vessels moving between OCS 

locations to comply with NOA 

requirements. 

Coast Guard Response. As indicated 

above, we have clarified the need for 

NOAs when moving between OCS 

locations. Vessels moving between OCS 

block areas will still need to comply 


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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 2257 

with the NOA requirements. However, 

vessels moving from one location to 

another within the same OCS block area 

do not have to submit NOAs. 

6. Information Collection 

One commenter suggests that the 

Coast Guard eliminate the need to report 

certain information regarding persons 

onboard the arriving vessels. 

Coast Guard Response. The Coast 

Guard disagrees with this 

recommendation. We request this 

information to comply with the SAFE 

Port Act (Table 160.206 item (4)(v)). 

7. Coordinating With Other 

Rulemakings 

One commenter states that the 

rulemakings on OCS Notice of Arrival 

and the current development of notice 

of arrival and departure requirements 

should be coordinated. 

Coast Guard Response. The Coast 

Guard agrees and we have worked to 

ensure uniformity between this and 

other relevant rulemakings. 

8. Making NOA Information Accessible 

One commenter states that some of 

the information reported under the 

NOA, though not information relating to 

crew personnel, should be publicly 

accessible and made available in realtime. In addition, the commenter states 

that all information submitted under 

this regulation should be accessible to 

Customs and Border Protection (CBP) 

and other Federal agencies. 

Coast Guard Response. General 

information about a vessel’s arrival or 

departure is normally made available by 

port authorities. Local harbor masters 

have access to this data and are good 

sources of information. In addition, 

such information is available to the 

public through such sources as http:// 

www.vesseltracker.com. More detailed 

information in an NOA will be released 

in accordance with the Freedom of 

Information Act, 5 U.S.C. 552. The Coast 

Guard already routinely shares this 

information with other Federal, State, 

and local agencies and coordinates with 

CBP. 

9. Section 146.103—Vessels Under Tow 

One commenter believes any vessels, 

facilities, or MODUs under tow should 

provide separate NOAs from the towing 

vessel or offer an option for the ‘‘lead’’ 

towing vessel to submit a single NOA 

for the combined ‘‘tow.’’ 

Coast Guard Response. The Coast 

Guard agrees that the ‘‘lead’’ towing 

vessel could submit a single NOA for 

the entire ‘‘tow.’’ It is the responsibility 

of the owner or operator of the unit 

being towed to designate which towing 

vessel, if there is more than one, is the 

‘‘lead’’ towing vessel and is responsible 

for submitting the overall NOA. Section 

146.103(f) has been revised to clarify 

that the ‘‘lead’’ towing vessel is 

responsible for submitting the overall 

NOA. Sections 146.104(f), 146.215(f), 

and 146.405(f) have also been revised to 

reflect this change. 

10. Section 146.103—Reference to ‘‘Flag 

Administration’’ 

One commenter recommends that the 

Coast Guard remove § 146.103(a)(7) and 

(a)(8), which reference ‘‘flag 

administration’’ because that section is 

specific to U.S. floating facilities. 

Coast Guard Response. The Coast 

Guard agrees with this comment. 

Therefore, § 146.103(a)(7) and (a)(8) 

have been removed. 

11. Section 146.103—Change in Delay 

for Updated NOA 

One commenter suggests the change 

in arrival time not requiring an updated 

NOA in this section be changed from 6 

hours to 24 hours (§ 146.103(c)(1)). This 

commenter believes that there is no 

substantive difference in the risk posed 

by a delay of 24 hours versus a delay of 

6 hours, given the remote locations and 

minimal direct threat. 

Coast Guard Response. The Coast 

Guard disagrees because the SAFE Port 

Act requires us to issue regulations 

consistent with the existing NOA 

regulations found in Title 33 of the CFR. 

Existing regulations in 33 CFR 

160.208(b)(1) require vessels to submit 

revised NOAs if changes in arrival or 

departure times are more than 6 hours. 

12. Section 146.103(c)(2) 

One commenter finds the wording in 

§ 146.103(c)(2) confusing since the 

location of the floating facility would be 

known at the time the report is made. 

Coast Guard Response. The Coast 

Guard agrees and has revised 

§ 146.103(c)(2) to read: ‘‘Changes in the 

location, latitude and longitude, of the 

floating facility from the location at the 

time the NOA was reported; or’’. The 

Coast Guard also made similar changes 

in § 146.104(c)(2), § 146.215(c)(2), and 

§ 146.405(c)(2). 

13. Section 146.103(d)(1) 

One commenter finds that 

§ 146.103(d)(1) and (d)(2) provides an 

exception to the 96-hour reporting 

requirement created in § 146.103(a) and 

that paragraph (d)(1) is redundant with 

paragraph (a). 

Coast Guard Response. The Coast 

Guard agrees that paragraph (d)(1) is 

redundant, but it provides additional 

clarity by repeating this requirement 

and then breaking out the differing 

requirements when the voyage is more 

than 96 hours, as opposed to when the 

voyage is less than 96 hours. 

14. Section 146.103(f)—Towing of a 

Facility/Vessel 

One commenter states that 

§ 146.103(f) should be removed because 

it implies that the towing of a facility or 

vessel to an OCS location is an ‘‘OCS 

activity’’ as defined in 33 CFR 140.10. 

The same commenter asks that as an 

alternative to removing paragraph (f), 

we address the possibility that multiple 

towing vessels may be involved in the 

tow of a single facility/vessel and 

discuss how NOA requirements would 

be met for a facility/vessel arriving on 

the OCS via a heavy lift transport. 

Coast Guard Response. The Coast 

Guard does not believe that paragraph 

(f) should be removed. In 33 CFR 

140.10, ‘‘OCS activity’’ is defined as ‘‘any 

offshore activity associated with 

exploration for, or development or 

production of, the minerals of the Outer 

Continental Shelf.’’ This is a broad 

definition that encompasses a towing 

vessel on the OCS towing a facility/ 

vessel on the OCS. The Coast Guard has 

exempted vessels, floating facilities, and 

MODUs that are merely transiting across 

the OCS and not engaging in OCS 

activities. 

However, as noted above, the Coast 

Guard agrees it is possible to have 

multiple towing vessels involved in the 

tow of a single facility/vessel. We 

believe it is the responsibility of the 

owner or operator of the unit being 

towed to designate which towing vessel 

will be the lead towing vessel, if there 

is more than one, and therefore 

responsible for submitting the overall 

NOA. 

15. Section 146.103(g)—‘‘Superjacent’’ 

vs. ‘‘Superadjacent’’ 

One commenter recommends that the 

word ‘‘superjacent’’ be changed to 

‘‘superadjacent’’ in § 146.103(g) for 

consistency within Title 33 and points 

to the definition of ‘‘waters subject to the 

jurisdiction of the U.S.’’ at 33 CFR 

101.105. 

Coast Guard Response. The Coast 

Guard disagrees that ‘‘superjacent’’ 

should be changed to ‘‘superadjacent.’’ 

Title 33 of the U.S. Code uses 

‘‘superjacent’’ and not ‘‘superadjacent.’’ 

We are using the word ‘‘superjacent’’ in 

order to be consistent with its use in 

both Title 33 and 33 CFR 101.105. 

16. Section 146.215(a)(3)—Reporting the 

IMO Number 

One commenter states that the Coast 

Guard should also require MODUs to 


srobinson on DSKHWCL6B1PROD with RULES
2258 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

4Sources: (1) Collection of Information, OMB 

Control Number 1625–0100, ‘‘Advance Notice of 

Arrival and Electronic Transmission of Vessel 

Transit Data’’; and (2) Notice of Proposed 

Rulemaking, ‘‘Vessel Requirements for Notices of 

Arrival and Departure, and Automatic Identification 

System’’ [USCG–2005–21869]. 

report the IMO number in addition to 

the facility’s name. 

Coast Guard Response. The Coast 

Guard agrees and has modified 

§ 146.215(a)(3) as requested. 

17. Section 146.215—Reporting 

‘‘Position or Duties’’ 

One commenter states that the 

requirement for the description of 

‘‘position or duties’’ of personnel on a 

facility or vessel (as required in 

§ 146.215(a)(6)(v)) is irrelevant because 

the job descriptions of industrial 

personnel would be difficult for the 

Coast Guard to interpret. 

Coast Guard Response. The Coast 

Guard does not agree because the SAFE 

Port Act requires us to issue regulations 

consistent with the existing NOA 

regulations found in Title 33 of the CFR. 

Existing regulations in 33 CFR Subpart 

C Table 160.206 item (4)(v) require 

descriptions of positions or duties to be 

provided as part of an NOA. 

18. Section 146.215—MODU NOA 

One commenter states that MODUs 

should not be required to submit 

anything other than a simple notice of 

arrival because they do not present the 

risk of being weaponized or of 

smuggling merchandise or individuals 

into the United States. 

Coast Guard Response. The Coast 

Guard does not agree. We believe that 

MODUs arriving on the OCS from 

abroad present the same security risk as 

OCS facilities and vessels. 

19. Section 146.405—Interpreting 

‘‘Arrives on the OCS’’ 

One commenter states that the phrase 

‘‘arrives on the OCS’’ could be 

interpreted in more than one way and 

that the interpretation affects how the 

rule is applied. 

Coast Guard Response. The Coast 

Guard partially agrees that the phrase 

could be interpreted in more than one 

way. We have added § 146.102 to define 

‘‘arrives on the OCS’’ to offer clarity to 

the issue. New §§ 146.200 and 146.402 

have also been added to similarly clarify 

the use of the phrase in these subparts. 

20. Section 146.405(b)(1)—Exceptions to 

NOA Information 

One commenter states that in 

§ 146.405(b)(1), it was unclear why only 

item (2)(iii) of Table 160.206 was 

exempted and not items (2)(iv) through 

(2)(vi). 

Coast Guard Response. The Coast 

Guard agrees that items (2)(iv) through 

(2)(vi) should also be exempted and has 

revised § 146.405(b)(1) accordingly. The 

information in items (2)(iv) through 

(2)(vi) is not applicable and is not 

required for MODUs and floating 

facilities and will not be required for 

vessels. 

21. Section 146.405(b)(1)—Cargo 

Declaration 

One commenter asserts that it is 

inappropriate to require a cargo 

declaration for NOAs as stated in 

§ 146.405 since most vessels subject to 

this subpart would not require customs 

clearance. A separate commenter states 

the opposite, insisting that a cargo 

declaration form should be necessary 

whenever a foreign vessel transports 

cargo to and from a port and an OCS 

location. 

Coast Guard Response. In those 

instances where foreign flag vessels are 

transporting cargo to and from a U.S. 

port and a mineral extraction facility 

pursuant to OCSLA, the owners/ 

operators of those vessels are, in fact, 

required to submit cargo declaration 

forms pursuant to CBP regulations on 

vessel entry (as established under 19 

U.S.C. 1434) and clearance (as 

established under 46 U.S.C. 60105). 

However, the Coast Guard agrees that it 

would be inappropriate for those vessels 

not otherwise required to submit a cargo 

declaration form to have to submit one 

for NOA purposes. Accordingly, we 

have revised § 146.405 to exempt item 

(8) from the information required in 

Table 160.206 for all vessels except 

those foreign flag vessels subject to the 

CBP regulations noted above. 

22. Section 146.103 

One commenter notes the language in 

new § 146.103 (a)(2): ‘‘The area 

designation and block number or lease 

number, assigned under 30 CFR 250.154 

for identification, where the floating 

facility plans to perform OCS activities.’’ 

The commenter points out that facilities 

are not sentient and, therefore, cannot 

plan activities on the OCS. 

Coast Guard Response. The Coast 

Guard agrees and has made the 

necessary changes in the regulatory text 

to clarify (in sections 146.103, 146.104 

and 146.405). 

VI. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This rule is a significant regulatory 

action under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review. The Office of Management and 

Budget has reviewed it under that 

Order. It requires an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. 

Public comments on the NPRM are 

summarized in Part V of this 

publication. We received no public 

comments that would alter our 

assessment of the impacts discussed in 

the NPRM. We have adopted the 

assessment in the NPRM as final. See 

the ‘‘Regulatory Analyses’’ section of the 

NPRM for more details. A summary of 

the assessment follows. 

This rulemaking requires certain U.S. 

and foreign owners or operators of 

floating facilities, MODUs, and vessels 

to submit NOA information to the 

NVMC prior to engaging in OCS 

activities. 

Based on industry information from 

the National Offshore Advisory 

Committee (NOSAC), we estimate that 

there are 7 to 12 arrivals on the OCS 

each month for a total of 84 to 144 

annual arrivals on the OCS each year. 

We also estimate that approximately 95 

percent of the floating facilities, vessels, 

and MODUs operating on the OCS 

affected under this rulemaking would be 

foreign flag. 

The additional costs of this 

rulemaking to industry are the proposed 

NOA reporting requirements. We 

estimate that one NOA requires 30 

minutes to complete plus a transmittal 

fee of $2 per submission.4 Similar to 

other NOA reporting analyses, we use 

an average loaded wage rate of 

approximately $31 per hour to estimate 

the labor costs for NOA reporting 

activities. 

Based on the arrival data and the 

reporting time and cost information, we 

estimate the annual cost of this 

rulemaking to industry to be $1,470 to 

$2,520 (non-discounted). We estimate 

the present value 10-year cost of this 

rulemaking to industry to be $10,300 to 

$17,700 at a 7 percent discount rate 

(rounded). 

We expect the primary benefit of this 

rulemaking would be enhanced 

situational awareness of activities on the 

OCS. This enhanced situational 

awareness would assist the Coast Guard 

in evaluating potential safety and 

security risks associated with these 

activities and assist the Coast Guard in 

managing resources used to regulate 

these activities and respond to incidents 

on the OCS. 


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B. Small Entities 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601–612), we have 

considered whether this rule would 

have a significant economic impact on 

a substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

In the NPRM, we certified under 5 

U.S.C. 605(b) that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. We received no public 

comments that would alter our 

certification in the NPRM. We have 

found no additional data or information 

that would change our findings in the 

NPRM. We have adopted the 

certification in the NPRM for this final 

rule. See the ‘‘Small Entity’’ section of 

the NPRM for additional details. 

We expect the rule would not have a 

significant economic impact on any 

entities since the costs of this 

rulemaking are small and the cost 

burden per NOA submission is only 

about $18. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult Mr. Kevin 

Pekarek, Vessel and Facility Operating 

Standards Division (CG–5222); 

telephone 202–372–1386. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This rule calls for a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). It would require a revision to an 

existing collection. The following is a 

summary of the burden associated with 

the revision. 

As defined in 5 CFR 1320.3(c), 

‘‘collection of information’’ comprises 

reporting, recordkeeping, monitoring, 

posting, labeling, and other similar 

actions. The title and description of the 

information collection, a description of 

those who must collect the information, 

and an estimate of the total annual 

burden follow. The estimate covers the 

time for reviewing instructions, 

searching existing sources of data, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection. 

This rule amends the collection of 

information requirements for owners 

and operators. The rule requires 

modifying the burden in the previously 

approved collection under OMB Control 

Number 1625–0100. 

Title: Advance Notice of Vessel 

Arrival. 

OMB Control Number: 1625–0100. 

Summary of the Collection of 

Information: The rule requires owners 

and operators of vessels, MODUs, and 

floating facilities to submit an advance 

notice of arrival electronically to the 

NVMC. This requires a change in the 

previously approved OMB Collection 

1625–0100 because it expands the NOA 

requirement to include vessels, MODUs, 

and floating facilities engaging in OCS 

activities. 

This rule will not change the 

information collected in OMB 

Collection 1625–0100. This rule will 

expand the number of respondents to 

include owners and operators of vessels, 

MODUs, and floating facilities that 

engage in OCS activities. 

Proposed Use of Information: The 

Coast Guard would use the information 

to enhance maritime domain awareness. 

Description of the Respondents: The 

respondents are owners and operators of 

vessels, MODUs, and floating facilities 

which arrive on the OCS from foreign 

ports and engage in OCS activities. 

Number of Respondents: The rule 

increases the number of respondents in 

this OMB-approved collection by no 

more than 144 respondents. See the 

‘‘Regulatory Planning and Review’’ 

section for more details on the 

respondents affected by this rule. 

Frequency of Response: The rule 

increases the annual number of 

responses in this OMB-approved 

collection by no more than 144 

responses. OCS units such as MODUs 

and floating production facilities may 

stay on the OCS for long periods, such 

as a year or more, so we do not expect 

these units to have more than one NOA 

submittal per year. 

Burden of Response: We estimate the 

burden of this rule to be the preparation 

and submission of the NOA. Based on 

discussion in the ‘‘Regulatory Analysis’’ 

section of this final rule, we estimate 

that it would take 30 minutes to prepare 

and submit an NOA to the NVMC. 

Estimate of Total Annual Burden: The 

annual total burden of this rule would 

be no more than 72 hours. 

As required by 44 U.S.C. 3507(d), we 

submitted a copy of the rule to the 

Office of Management and Budget 

(OMB) for its review of the collection of 

information. On December 9, 2010, 

OMB approved the revision (ICR Ref. 

No. 201012–1625–002) to OMB Control 

Number 1625–0100, which expires on 

December 31, 2013. The section 

numbers associated with the collection 

of information are: §§ 146.103, 146.104, 

146.215 and 146.405. Our estimate of 

the total annual burden is unchanged 

from the proposed rule to this final rule. 

You are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

E. 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 rule under that Order and have 

determined that it does not have 

implications for federalism. 

F. 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 rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 


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2260 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order. Though 

it is a ‘‘significant regulatory action’’ 

under Executive Order 12866, it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraphs 34(a) and 

(d), of the Instruction, and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule outlines the 

procedures that owners or operators of 

floating facilities, mobile offshore 

drilling units, and vessels will follow in 

submitting notice of arrival information 

to the Coast Guard’s National Vessel 

Movement Center. This rule is 

procedural and concerns the 

documentation of vessels, falling under 

paragraphs 34(a) and (d) of the 

Instruction. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects for 33 CFR Part 146 

Continental shelf, Marine safety, 

Occupational safety and health, 

Reporting and recordkeeping 

requirements, Vessels. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 146, as follows: 

PART 146—OPERATIONS 

■ 1. The authority citation for part 146 

is revised to read as follows: 

Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. 

1333, 1348, 1350, 1356; Sec. 109, Pub. L. No. 

109–347, 120 Stat. 1884; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 146.102 to read as follows: 

§ 146.102 Definitions. 

For the purpose of this subpart: 

Arrives on the OCS means when a 

floating facility enters any OCS block 

area for the purpose of engaging in 

operations subject to the jurisdiction of 

the OCS Lands Act. 

OCS block area means the names 

given by the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOE) to define the OCS 

areas used to facilitate management or 

leasing on the OCS. 

U.S., as used in the term, ‘‘U.S. 

floating facility,’’ means a ‘‘floating 

facility,’’ that is registered, documented, 

or certificated under the laws of the 

United States or that is not registered, 

documented, or certificated under the 

laws of the United States or any other 

nation. 

■ 3. Add § 146.103 to read as follows: 

§ 146.103 Safety and Security notice of 

arrival for U.S. floating facilities. 

(a) General. At least 96 hours before 

a U.S. floating facility arrives on the 

OCS from a foreign port or place or from 

a different OCS block area, excluding 

those U.S. floating facilities arriving 

directly from a U.S. port or place, to 

engage in OCS activities, the owner or 

operator of the floating facility, except 

as provided in paragraph (f) of this 

section, must submit the following 

information to the National Vessel 

Movement Center (NVMC): 

(1) The location, latitude and 

longitude, of the floating facility at the 

time the notice of arrival (NOA) is 

reported; 

(2) The area designation, block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the owner or operator of the floating 

facility plans to perform OCS activities; 

(3) The floating facility’s name, if any; 

(4) The date when OCS operations of 

the floating facility are expected to 

begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the floating 

facility; and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(b) Methods of submission. The notice 

must be submitted to the NVMC by 

electronic Notice of Arrival and 

Departure format using methods 

specified in the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of a 

U.S. floating facility must revise and resubmit the NOA within the times 

required in paragraph (e) of this section. 


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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 2261 

An owner or operator does not need to 

revise or re-submit an NOA for the 

following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the floating facility 

from the location at the time the NOA 

was reported; or 

(3) Changes to personnel positions or 

duties on the floating facility. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

U.S. floating facility subject to this 

section must submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners or operators of a floating 

facility must submit an initial NOA at 

least 96 hours before the U.S. floating 

facility arrives at the OCS location 

where the owner or operator plans to 

perform OCS activities; or 

(2) If the voyage time is less than 96 

hours, owners and operators of a 

floating facility must submit an initial 

NOA at least 24 hours before the U.S. 

floating facility arrives at the OCS 

location where the owner or operator 

plans to perform OCS activities. 

(e) Required reporting time of an 

update to an NOA. The owner or 

operator of each floating facility subject 

to this section must submit an NOA 

update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the floating facility must 

provide an updated NOA as soon as 

practicable but at least 24 hours before 

the U.S. floating facility arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the floating facility must 

provide an update as soon as practicable 

but at least 12 hours before the U.S. 

floating facility arrives at the OCS 

location where the owner or operator 

plans to perform OCS activities. 

(f) Towing vessels. When a towing 

vessel controls a U.S. floating facility 

required to submit an NOA under this 

subpart, the owner or operator of the 

towing vessel, or lead towing vessel if 

there is more than one, is responsible 

for submitting only one NOA containing 

the NOA information items required for 

the towing vessels, under § 146.405, and 

the U.S. floating facility under 

paragraph (a) of this section. 

(g) This section does not apply to U.S. 

floating facilities merely transiting the 

waters superjacent to the OCS and not 

engaged in OCS activities. 

■ 4. Add § 146.104 to read as follows: 

§ 146.104 Safety and Security notice of 

arrival for foreign floating facilities. 

(a) General. At least 96 hours before 

a foreign floating facility arrives on the 

OCS from a foreign port or place or from 

a different OCS block area to engage in 

OCS activities, the owner or operator of 

the floating facility, except as provided 

in paragraph (f) of this section, must 

submit the following information to the 

National Vessel Movement Center 

(NVMC): 

(1) The location, latitude and 

longitude, of the foreign floating facility 

at the time the NOA is reported; 

(2) The area designation, block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the owner or operator of the foreign 

floating facility plans to perform OCS 

activities; 

(3) The foreign floating facility’s 

name, if any; 

(4) The date when OCS operations of 

the foreign floating facility are expected 

to begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the foreign 

floating facility; and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(7) The date of issuance of the foreign 

floating facility’s International Safety 

Management certificate (ISM), if any, 

and Document of Compliance certificate 

and the name of the flag administration, 

or its recognized representative, that 

issued those certificates; and 

(8) The date of issuance of the foreign 

floating facility’s International Ship 

Security certificate (ISSC), if any, and 

the name of the flag administration, or 

the recognized security organization 

representing the flag administration, 

that issued the ISSC. 

(b) Methods of submission. The notice 

must be submitted to the National 

Vessel Movement Center by electronic 

Notice of Arrival and Departure format 

using methods specified at the NVMC’s 

Web site at http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of the 

foreign floating facility must revise and 

re-submit the NOA within the times 

required in paragraph (e) of this section. 

An owner or operator does not need to 

revise or re-submit an NOA for the 

following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the floating facility 

from the location at the time the NOA 

was reported; or 

(3) Changes to personnel positions or 

duties on the foreign floating facility. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

foreign floating facility subject to this 

section must submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners or operators of a foreign 

floating facility must submit an initial 

NOA at least 96 hours before the foreign 

floating facility arrives at the OCS 

location where the owner or operator 

plans to perform OCS activities; or 

(2) If the voyage time is less than 96 

hours, the owner or operator of a foreign 

floating facility must submit an initial 

NOA at least 24 hours before the foreign 

floating facility arrives at the OCS 

location where the owner or operator 

plans to perform OCS activities. 

(e) Required reporting time of an 

update to an NOA. The owner or 

operator of a foreign floating facility 

subject to this section must submit an 

NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the foreign floating facility 

must provide an updated NOA as soon 

as practicable but at least 24 hours 

before the floating facility arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the foreign floating facility 

must provide an updated NOA as soon 

as practicable but at least 12 hours 

before the floating facility arrives at the 

OCS location where owners or operators 

plan to perform OCS activities. 

(f) Towing vessels. When a towing 

vessel controls a foreign floating facility 

required to submit an NOA under this 

subpart, the owner or operator of the 

towing vessel, or lead towing vessel if 

there is more than one, is responsible 

for submitting only one NOA containing 

the NOA information items required for 

towing vessels, under § 146.405, and the 


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foreign floating facility under paragraph 

(a) of this section. 

(g) This section does not apply to a 

foreign floating facility merely transiting 

the waters superjacent to the OCS and 

not engaged in OCS activities. 

■ 5. Add § 146.200 to subpart C to read 

as follows: 

§ 146.200 Definitions. 

For the purpose of this subpart: 

Arrives on the OCS means when a 

MODU enters any OCS block area for 

the purpose of engaging in operations 

subject to the jurisdiction of the OCS 

Lands Act. 

OCS block area means the names 

given by the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOE) to define the OCS 

areas used to facilitate management or 

leasing on the OCS. 

■ 6. Add § 146.215 to subpart C to read 

as follows: 

§ 146.215 Safety and Security notice of 

arrival for U.S. or Foreign MODUs. 

(a) General. At least 96 hours before 

a MODU arrives on the OCS from a 

foreign port or place or from a different 

OCS block area to engage in OCS 

activities, excluding those U.S. MODUs 

arriving directly from a U.S. port or 

place, to engage in OCS activities, the 

owner or operator of the MODU, except 

as provided in paragraph (f) of this 

section, must submit the following 

information to the National Vessel 

Movement Center (NVMC): 

(1) The location, latitude and 

longitude, of the MODU at the time the 

notice of arrival (NOA) is reported; 

(2) The area designation, block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the MODU owner or operator plans to 

perform OCS activities; 

(3) The MODU’s name and IMO 

number, if any; 

(4) The date when operations of the 

MODU are expected to begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the MODU; 

and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(7) The date of issuance of the 

MODU’s International Safety 

Management certificate (ISM), if any, 

and Document of Compliance certificate 

and the name of the flag administration, 

or its recognized representative, that 

issued those certificates; and 

(8) The date of issuance of the 

MODU’s International Ship Security 

certificate (ISSC), if any, and the name 

of the flag administration, or the 

recognized security organization 

representing the flag administration, 

that issued the ISSC. 

(b) Methods of submission. The notice 

must be submitted to the National 

Vessel Movement Center (NVMC) by 

electronic Notice of Arrival and 

Departure format using methods 

specified in the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of the 

MODU must revise and re-submit the 

NOA within the times required in 

paragraph (e) of this section. An owner 

or operator does not need to revise or resubmit an NOA for the following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the MODUs from the 

location at the time the NOA was 

reported; or 

(3) Changes to personnel positions or 

duties on the MODU. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

MODU subject to this section must 

submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners and operators of a MODU 

must submit an initial NOA at least 96 

hours before the MODU arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities; or 

(2) If the voyage time is less than 96 

hours, owners and operators of a MODU 

must submit an initial NOA at least 24 

hours before the MODU arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities. 

(e) Required reporting time of an 

update to an NOA. The owner or 

operator of a MODU subject to this 

section must submit an NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the MODU must provide an 

updated NOA as soon as practicable but 

at least 24 hours before the MODU 

arrives at the OCS location where the 

owner or operator plans to perform OCS 

activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the MODU must provide an 

updated NOA as soon as practicable but 

at least 12 hours before the MODU 

arrives at the OCS location where the 

owner or operator plans to perform OCS 

activities. 

(f) Towing vessels. When a towing 

vessel controls a MODU required to 

submit an NOA under this subpart, the 

owner or operator of the towing vessel, 

or lead towing vessel if there is more 

than one, is responsible for submitting 

only one NOA containing the 

information required for the towing 

vessels, under § 146.405, and the MODU 

under paragraph (a) of this section. 

(g) This section does not apply to 

MODU’s merely transiting the waters 

superjacent to the OCS and not engaged 

in OCS activities. 

Subpart D—Vessels—Notice of 

Casualty 

■ 7. Revise the heading in Subpart D to 

read as set forth above. 

■ 8. Add Subpart E to read as follows: 

Subpart E—Vessels—Safety and 

Security Notice of Arrival 

Sec. 

146.401 Applicability. 

146.402 Definitions. 

146.405 Safety and Security notice of 

arrival for vessels arriving at a place on 

the OCS. 

Subpart E—Vessels—Safety and 

Security Notice of Arrival 

§ 146.401 Applicability. 

This subpart applies to all U.S. and 

foreign vessels, except those U.S. 

vessels traveling directly from a U.S. 

port or place, bound for a place on the 

OCS and planning to engage in OCS 

activities. Vessels under this subpart 

include, but are not limited to, standby 

vessels, attending vessels, offshore 

supply vessels, pipelay vessels, derrick 

ships, diving support vessels, 

oceanographic research vessels, towing 

vessels, and accommodation vessels. 

This subpart does not apply to MODUs, 

which are covered under § 146.215; nor 

does it apply to floating facilities, which 

are covered under §§ 146.103 and 

146.104. 

§ 146.402 Definitions. 

For the purpose of this subpart: 

Arrives on the OCS means when a 

vessel enters any OCS block area to 

commence operations for which it has 

submitted a Notice of Arrival under 

§ 146.405(b)(2). 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 2263 

OCS block area means the names 

given by the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOE) to define the OCS 

areas used to facilitate management or 

leasing on the OCS. 

§ 146.405 Safety and Security notice of 

arrival for vessels arriving at a place on the 

OCS. 

(a) General. The owner or operator of 

each vessel subject to this section must 

submit an initial NOA to the National 

Vessel Movement Center (NVMC): 

(1) If the voyage time is more than 96 

hours, at least 96 hours before the vessel 

arrives at a place on the OCS from a 

foreign port or place or from a different 

OCS block area to engage in OCS 

activities; 

(2) If the voyage time is less than 96 

hours and more than 24 hours, before 

departure, or; 

(3) If the voyage time is less than 24 

hours, at least 24 hours before the vessel 

arrives at a place on the OCS. 

(b) Information required in an NOA. 

The following information is required 

from the owners or operators of vessels 

submitting an NOA: 

(1) All the information specified in 33 

CFR Table 160.206 with the exception 

of information required in items (2)(iii) 

through (2)(vi) and item (6). Item (8) is 

also not required except as pursuant to 

the laws on vessel entry (19 U.S.C. 

1434) and clearance (46 U.S.C. 60105). 

Vessel owners and operators should 

protect any personal information they 

gather in preparing notices for 

transmittal to the NVMC so as to 

prevent unauthorized disclosure of that 

information; 

(2) The area in which they are 

conducting their operations. This area 

can be submitted as either the name of 

the places, the BOE block numbers, or 

the latitudes and longitudes of the 

places on the OCS where operations are 

being conducted; and 

(3) If any person onboard, including a 

crewmember, is not required to carry a 

passport for travel, then passport 

information required in Table 160.206, 

items (4)(iv) through (vi), and (5)(iv) 

through (vi), need not be provided for 

that person. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of that 

vessel must revise and re-submit the 

NOA within the times required in 

paragraph (e) of this section. An owner 

or operator does not need to revise and 

re-submit an NOA for the following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the vessel from the 

location at the time the NOA was 

reported; or 

(3) Changes to personnel positions or 

duties on the vessel. 

(d) Methods of submission. The notice 

must be submitted to the NVMC by 

electronic Notice of Arrival and 

Departure format using methods 

specified at the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(e) Required reporting time of an NOA 

update. The owner or operator of each 

vessel subject to this section must 

submit an NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the vessel must provide an 

update as soon as practicable but at least 

24 hours before the vessel arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities; 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the vessel must provide an 

update as soon as practicable but at least 

12 hours before the vessel arrives at the 

OCS location where the owner or 

operator plans to perform OCS 

activities; or 

(3) If the remaining voyage time is less 

than 24 hours, the owner or operator of 

the vessel must provide an update as 

soon as practicable, but at least 12 hours 

before the vessel arrives at a place on 

the OCS. 

(f) Towing vessels. When a towing 

vessel controls a vessel required to 

submit an NOA under this subpart, the 

owner or operator of the towing vessel, 

or lead towing vessel if there is more 

than one, is responsible for submitting 

only one NOA containing the 

information required for the towing 

vessels and the vessel under its control. 

(g) This section does not apply to 

vessels merely transiting the waters 

superjacent to the OCS and not engaged 

in OCS activities. 

Dated: December 22, 2010. 

Robert J. Papp, Jr., 

Admiral, U.S. Coast Guard Commandant. 

[FR Doc. 2011–569 Filed 1–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0675; FRL–9250–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Gopher Resource, LLC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Minnesota Pollution 

Control Agency (MPCA) on July 29, 

2010, to revise the Minnesota State 

Implementation Plan (SIP) for lead (Pb) 

under the Clean Air Act (CAA). The 

State has submitted a joint Title I/Title 

V document (joint document) in the 

form of Air Emission Permit No. 

03700016–003, and has requested that 

the conditions laid out with the citation 

‘‘Title I Condition: SIP for Lead NAAQS’’ 

replace an existing Administrative 

Order (Order) as the enforceable SIP 

conditions for Gopher Resource, LLC. 

The existing Order was approved by 

EPA on October 18, 1994. MPCA’s July 

29, 2010, revisions were meant to satisfy 

the maintenance requirements for the 

1978 Pb National Ambient Air Quality 

Standard (NAAQS), promulgated at 1.5 

micrograms per cubic meter, or 1.5 

μg/m3. 

DATES: This direct final rule will be 

effective March 14, 2011, unless EPA 

receives adverse comments by February 

14, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0675, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John Mooney, Chief, 

Attainment Planning and Maintenance 

Section (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John Mooney, Chief, 

Attainment Planning and Maintenance 

Section (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 


srobinson on DSKHWCL6B1PROD with RULES