[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Rules and Regulations]
[Pages 57644-57694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8274]



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Part III





 Department of Homeland Security





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Coast Guard



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33 CFR Parts 148, 149, and 150



 Deepwater Ports; Final Rule

Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / 
Rules and Regulations

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 148, 149, and 150

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


Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule supersedes the temporary interim rule that was 
published on January 6, 2004. The temporary interim rule revised 1975 
regulations that implemented the Deepwater Port Act of 1974. It updated 
and streamlined those regulations in accordance with the 1996 Deepwater 
Port Modernization Act, and extended them to include the natural gas 
deepwater ports authorized by Congress in the Maritime Transportation 
Security Act of 2002. This final rule revises and finalizes the 
regulations issued in the temporary interim rule.

DATES: This rule is effective September 29, 2006.

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-1998-3884 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Kevin Tone, Deepwater Port Standards Division (G-PSO-5), U.S. 
Coast Guard, telephone 202-372-1441. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents

Abbreviations and Acronyms
Regulatory History
Background and Purpose
Discussion of Comments and Changes
Regulatory Evaluation
Small Entities
Collection of Information
Federalism
Unfunded Mandates Reform Act
Taking of Private Property
Civil Justice Reform
Protection of Children
Indian Tribal Governments
Energy Effects
Technical Standards
Environment
List of Subjects

Abbreviations and Acronyms

ALJ Law Judge
ATBA Area to be Avoided
COTP Captain of the Port
CTS Cargo Transfer System
CE Certifying Entity
DPA Deepwater Port Act
DPMA Deepwater Port Modernization Act
EPIRB Emergency Position Indicating Radio Beacon
EPA Environmental Protection Agency
GGDWP Gulf Gateway Deepwater Port
IMO International Maritime Organization
LNG Liquefied Natural Gas
LNGRV Liquefied Natural Gas Regasification Vessel
LOOP Louisiana Offshore Oil Port
MARAD Maritime Administration
MTSA Maritime Transportation Security Act
MSDS Material Safety Data Sheet
MOA Memorandum of Agreement
MMS Minerals Management Service
NEPA National Environmental Policy Act
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NGTS Natural Gas Transfer System
NVIC Navigation and Vessel Inspection Circular
NAA No Anchoring Area
NAD 83 North American Datum of 1983
OCMI Officer in Charge of Marine Inspection
OTS Oil Transfer System
OCS Outer Continental Shelf
PIC Person in Charge (of Transfer)
PFD Personal Flotation Device
ROD Record of Decision
SEMP Safety and Environmental Management Program
SART Search and Rescue Transponder
SPM Single Point Mooring
STL Submerged Turret Loading (Buoy)
TIR Temporary Interim Rule

Regulatory History

    This rulemaking began with publication of an advance notice of 
proposed rulemaking (ANPRM, 62 FR 45774, Aug. 29, 1997). The ANPRM was 
followed by a notice of proposed rulemaking (NPRM, 67 FR 37920, May 30, 
2002). Both the ANPRM and NPRM confined their discussions to 
regulations for deepwater oil ports. In 2002, Congress authorized the 
issuance of a temporary interim rule (TIR) without prior public notice 
and comment, in order to extend deepwater port regulations to natural 
gas facilities. Our TIR (69 FR 724, Jan. 6, 2004) expires October 1, 
2006, or upon replacement by a final rule, whichever comes first. We 
provided a 90-day public comment period following issuance of the TIR. 
Eight comments were received. No public meeting was requested and none 
was held. Two corrections were published to the TIR; the first on 
January 27, 2004 (69 FR 3836) and the second on August 30, 2004 (69 FR 
52830).

Background and Purpose

    Under existing statutes and interdepartmental agreements, the Coast 
Guard maintains regulations for the licensing, construction, and 
operation of deepwater ports. As defined in the Deepwater Port Act of 
1974 (DPA), a deepwater port is a fixed or floating manmade structure 
other than a vessel, or a group of structures, located beyond State 
seaward boundaries and used or intended for use as a port or terminal 
for the transportation, storage, and further handling of oil or natural 
gas for transportation to any State. The Maritime Administration 
(MARAD) is responsible for issuing, revoking, and reinstating deepwater 
port licenses, but much of the processing required for each license 
application is conducted by the Coast Guard, with the cooperation of 
MARAD and several other Federal agencies.
    The Coast Guard issued its first deepwater port regulations in 
1975. Under the 1974 Deepwater Ports Act (DPA) scheme, deepwater ports 
could handle oil, but not natural gas. Only one deepwater oil port was 
built in the next three decades. To encourage greater use of deepwater 
ports, Congress passed a Deepwater Port Modernization Act (DPMA) in 
1996. The DPMA sought to ensure fair treatment for deepwater ports by 
eliminating unnecessary regulation and promoting innovation, 
flexibility, and efficiency. We began this rulemaking in 1997 in order 
to implement the DPMA. We issued an NPRM in 2002. Among other 
proposals, the NPRM incorporated references to a 1999 NPRM for a 
related rulemaking (USCG-1998-3868, RIN 1625-AA18, formerly RIN 2115-
AA18), dealing with Outer Continental Shelf (OCS) facilities.
    Several months after we issued our NPRM, the Maritime 
Transportation Security Act (MTSA) of 2002 amended the DPA. After that, 
deepwater ports were authorized to transport natural gas as well as 
oil. The MTSA mandated the rapid promulgation of implementing 
regulations. Accordingly, we issued a temporary interim rule (TIR) in 
January 2004. The TIR updated the 1975 regulations in light of the 1999 
OCS and 2002 deepwater port NPRMs, and public comments received on both 
those proposals, and also adapted the 1975 regulations to accommodate 
both natural gas and oil deepwater ports. To facilitate development of 
natural gas

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facilities, which employ a variety of designs, the TIR eliminated 
references to many specific industry standards in favor of imposing 
performance-based requirements. In issuing the TIR, we opened a new 
round of public comment.
    On May 16, 2005, the Coast Guard issued Navigation and Vessel 
Inspection Circular No. 03-05 (NVIC 03-05; see notice of availability, 
70 FR 33351, June 8, 2005). NVIC 03-05 provides nonbinding guidance to 
deepwater port license applicants and operators, to the Coast Guard, 
and to ``certifying entities'' that perform certification work on 
behalf of the Coast Guard. This guidance relates to the design, plan 
review, fabrication, installation, maintenance, and oversight of 
deepwater ports. NVIC 03-05 can be found in docket USCG-1998-3884 (see 
ADDRESSES).
    Under the 2004 regulations, the Coast Guard has processed roughly a 
dozen applications for liquefied natural gas (LNG) deepwater ports, an 
impressive increase in interest compared to the three oil deepwater 
port applications processed, and two licensed, in the previous 30 
years. Three applicants have been issued licenses by MARAD, and one LNG 
deepwater port is now operational. Each application involves several 
volumes of data and requires Federal agency processing, including the 
holding of public hearings and the preparation of an environmental 
impact statement. Under the strict timeline mandated by the DPA, all of 
that processing must be completed in about 11 months. Following the 
issuance of a license, additional Federal agency review is needed to 
make sure that the facility is developed, operated, and eventually 
decommissioned in accordance with its license and with applicable law, 
and that any necessary modifications receive proper approval. As a 
result, the Coast Guard and its Federal agency partners have acquired 
extensive practical experience with the workability of the 2004 
regulations. Many of the changes in this final rule reflect that 
practical experience.
    This final rule takes effect on publication, which is less than the 
thirty days ordinarily required by the Administrative Procedure Act. It 
has not been possible to complete the final rule earlier. Since the 
temporary interim rule expires on October 1, 2006, adhering to the 
thirty day rule would cause a temporary lapse in a regulatory scheme 
that will remain substantially unchanged since the temporary interim 
rule was adopted. This would jeopardize the Coast Guard's ability to 
process deepwater port license applications, which would be contrary to 
the public interest expressed through the DPA, DPMA, and MTSA. 
Therefore, the Coast Guard finds it impracticable, unnecessary, and 
contrary to the public interest to delay the effective date of this 
final rule, and finds good cause under the Administrative Procedure Act 
for the final rule to take effect upon publication.

Discussion of Comments and Changes

    In the following pages, we discuss the public comments received on 
our 2004 TIR as well as other significant changes we are making to the 
regulatory text in this final rule. 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 comprise the deepwater port regulations.
    Some of the changes are made to align the requirements for plan 
submissions and specifications in 33 CFR part 149 with NVIC 03-05, to 
ensure consistency in the plan approval process.
    Some changes are made in response to comments from the Minerals 
Management Service (MMS), which is not a public commenter but one of 
the Coast Guard's Federal agency partners in processing deepwater port 
applications. Because MMS comments appear in the public docket, we 
include them in this discussion as appropriate. Generally we have not 
explicitly incorporated MMS requirements, or those of any other Federal 
agency, in the final rule because we lack the authority to speak for 
them. However, we wish to emphasize that deepwater ports must comply 
with all applicable statutes and regulations, regardless of the agency 
responsible for their enforcement.
    We thank all our commenters for their interest in this rulemaking.
    Two commenters made recommendations on vessel routing measures in 
and around the Mississippi River, and on watchstanding conditions. 
While the suggestions may have merit, we did not incorporate them as 
they are outside the scope of this rulemaking.
    Sec.  148.3: One commenter asked us to describe the duties and 
responsibilities of every Federal agency involved with deepwater ports. 
We have retained the very general overview that this section provides, 
and added a link to the interagency memorandum that outlines the roles 
and responsibilities of agencies cooperating with MARAD and the Coast 
Guard.
    Sec.  148.5: ``Adjacent coastal State'': We aligned this definition 
with the statutory definition from 33 U.S.C. 1502.
    Sec.  148.5: ``Affiliate'': One commenter requested that we remove 
``indirect'' affiliates from the definition, on the grounds that it 
results in the inclusion of every affiliate regardless of the statutory 
3% threshold. We are retaining the reference to ``direct or indirect'' 
ownership interests because it is similar to language that has appeared 
in our regulations since 1975, and mirrors the language of 33 U.S.C. 
1504, which incorporates ``any ownership interest in the applicant of 
greater than 3 per centum'' into 33 U.S.C. 1502's statutory definition 
of an ``affiliate.''
    Sec.  148.5: ``Applicant'': One commenter requested clarification 
of the word ``person'' in this definition. The word is defined later in 
this section and means an individual, a public or private corporation, 
a partnership or other association, or a government entity.
    Sec.  148.5: ``Approved'': One commenter requested that we add ``or 
the Administrator of MARAD'' to our definition. Our regulations refer 
to MARAD when it is necessary to do so. In this case, we refer only to 
Coast Guard approvals.
    Sec.  148.5: ``Area to be avoided'' or `` ATBA'': At a commenter's 
suggestion, we are revising this definition to provide more 
information.
    Sec.  148.5: ``Certifying entity'' or ``CE'': We have added this 
definition due to substantive changes elsewhere in the deepwater port 
regulations.
    Sec.  148.5: ``Deepwater port'': We have declined one commenter's 
request to exclude structures or operations that, under certain 
circumstances, are also regulated by another Federal agency, because 
our definition closely follows statutory language in 33 U.S.C. 1502.
    Sec.  148.5: ``Marine site'': We are revising this definition by 
deleting ``ships' routes and anchorages,'' in order to avoid an undue 
burden to OCS lease holders and non-deepwater port marine traffic.
    Sec.  148.5: ``Maritime Administration'' or ``MARAD'': We have 
revised this definition to refer specifically to the associate 
administrator currently responsible for deepwater port matters.
    Sec.  148.5: ``Metering platform'': At a commenter's suggestion, we 
revised this definition to clarify that these platforms measure, but do 
not necessarily control, the rate of transfer.
    Sec.  148.5: ``Natural gas liquids'': We are adding this definition 
in response to one commenter's suggestion.
    Sec.  148.5: ``Person in Charge (PIC)'': Due to common usage, we 
added a definition for a person in charge (of transfer), abbreviated as 
PIC, to distinguish it from other persons in charge (for example, of 
vessel operations, of maintenance, etc.), that are not abbreviated by 
PIC.
    Sec.  148.5: ``Routing systems'': At a commenter's suggestion, we 
are revising

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this definition to provide more information and to align terminology 
with international standards.
    Sec.  148.5: ``Safety zone'': At a commenter's suggestion, we are 
revising this definition to provide more information.
    Sec.  148.5: ``Survival craft'': We have revised this definition to 
align it with Sec.  149.303.
    Sec.  148.8: We added this section to describe how a certifying 
entity is designated and used to perform functions for which the Coast 
Guard is responsible.
    Part 148, subpart B (Sec. Sec.  148.100-148.125): One commenter 
asked us to cross-reference another agency's requirements in this 
subpart. An amendment is not needed, because the other agency will 
consider its own requirements in evaluating an application, and any 
necessary conditions can be included in the license itself.
    Sec.  148.105(a): At a commenter's suggestion, we have revised 
paragraph (a)(5) to clarify the materiality standard. We also revised 
(a)(6) for clarity.
    Sec.  148.105(d): We revised this section for clarity. No 
substantive change is intended.
    Sec.  148.105(f): One commenter asked us to require applicants to 
state if the proposed deepwater port would have open or closed access. 
We have revised the section accordingly.
    Sec.  148.105(g)(1): One commenter asked us to clarify that this 
provision applies only to those affiliates that have a direct ownership 
interest of greater than 3 percent or that have a direct contractual 
relationship with the deepwater port. We have amended the section 
accordingly.
    Sec.  148.105(g)(2)(iii): One commenter requested that we add 
conditions or requirements for removing pipelines at decommissioning. 
We have revised the section to indicate that MARAD sets these 
conditions or requirements in the deepwater port license, and that only 
preliminary estimates need be included in the application.
    Sec.  148.105(g)(5): One commenter recommended that applicants be 
required to report throughput of natural gas liquids as well as of oil 
and gas. We have added this requirement.
    Sec.  148.105(k): At the suggestion of one commenter, we have 
revised this paragraph to require maps and diagrams to be certified by 
a professional surveyor.
    Sec.  148.105(t), (v), and (w) (formerly (s), (u), and (v), 
respectively): One commenter pointed out that, as worded, these 
paragraphs may not provide adequate technical detail to guide 
applicants who must meet MMS requirements. For reasons already noted, 
we are retaining the current language, but emphasize that all 
applicants must meet any applicable statutory or regulatory 
requirements regardless of which agency enforces them.
    Sec.  148.105(m) and (n): One commenter expressed concern that the 
2-year limit for the use of existing data is unreasonable because older 
data has already been provided for some sites subject to leases granted 
by the MMS, and because nowhere else in the DPA is a 2-year limit 
requirement specified. We think raising the 2-year limit to 5 years 
reasonably addresses the commenter's concerns while ensuring that 
applications do not rely on obsolete data.
    Sec.  148.105(m)(1)(i): We substituted ``i.e.'' with ``for 
example'', for clarity.
    Sec.  148.105(m)(1)(ii): One commenter recommended that we require 
applicants to specify distances from the deepwater port to OCS 
structures, and specify provisions for addressing casualties and 
emergency situations. Information regarding distances is required in 
the application, and the provisions for responses to emergencies are 
more appropriately addressed in the operations manual.
    Sec.  148.105(p): We redesignated the existing paragraph as 
paragraph (p)(2), with minor revisions, and added new paragraph (p)(1), 
relating to information about the nationality of natural gas vessels 
servicing deepwater ports, to conform to section 304 of the 2006 Coast 
Guard authorization act.
    Sec.  148.105(r): One commenter recommended that we add the word 
``dedicated'' to fixed offshore components, to distinguish them from 
shared components. An example of this is a converted OCS platform with 
continuing OCS operations, co-located with a deepwater port. We have 
revised this section accordingly.
    Sec.  148.105(s): We added this new paragraph at a commenter's 
suggestion, to deal with refurbished OCS facilities and co-located 
fixed offshore components.
    Sec.  148.105(t) (formerly (s)): We added (t)(7), concerning 
information on a pipeline that will connect to the port, at the 
suggestion of one commenter. This commenter also asked us to add 
requirements for information on metering and sampling equipment, but 
that information is too detailed for the application phase and is more 
appropriately addressed after a license is issued.
    Sec.  148.105(y): In reviewing past hazard analyses, we added this 
new paragraph to require an independent risk assessment. The risk 
assessment evaluates the probability and consequences of various 
potential accidental and intentional cargo release incidents. The site-
specific requirements of the risk assessment will be dependent on many 
factors, including the proximity of the port to the general public, its 
potential for impact on the public, waterway traffic density, 
environmental conditions, and the current availability of LNG release 
data and modeling methods. To date, there has been no large-scale 
testing of LNG releases over water to validate the existing models. 
Therefore, all assessments and models should be appropriately 
conservative in their assumptions and conclusions.
    Sec.  148.105(z) (formerly (x)): The MMS asked us to require more 
detailed technical information on environmental impacts and commingling 
issues. For the reasons already noted, we are retaining the current 
language, but emphasize that all applicants must meet any applicable 
statutory or regulatory requirements regardless of which agency 
enforces them.
    Sec.  148.105(dd) (formerly (bb)): One commenter recommended that 
we require applicants to list all MMS permits and reviews. This section 
already requires the applicant to list all Federal permits and 
authorizations not otherwise specified in part 148.
    Sec.  148.108: We revised this section for clarity, and in 
paragraph (c), at a commenter's suggestion, we lengthened what was 
formerly a 30-day time frame for requesting additional information. One 
commenter asked whether paragraph (d)(1) is limited to information that 
the Coast Guard needs. It is not. It is broad enough to cover any 
information that another agency involved in processing the application 
might need to fulfill that agency's obligations. For example, if a MMS-
regulated facility could be affected by either the reuse of existing 
components or co-location with a deepwater port, the MMS could advise 
the Coast Guard and the applicant what data is required and whether the 
applicant must submit a revised Development Production Plan, or a 
Development Operations Coordinating Document, for a facility in the 
Gulf of Mexico.
    Sec.  148.110: We made minor revisions for clarity.
    Sec.  148.115(c): At the suggestion of one commenter, we revised 
this paragraph to make it clear that additional copies of the 
application may be requested in order to satisfy the requirements of 
other agencies involved in processing the application.

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    Sec.  148.125: We made minor revisions for clarity, and revised 
paragraph (c) to emphasize that, while payment of additional costs is 
due when those costs are assessed, payment must be made before a 
deepwater port begins operation.
    Sec.  148.209: We made minor revisions for clarity. One commenter 
asked for a more comprehensive list of agencies involved in processing 
applications. This will vary depending on the location and specifics 
proposed for each port, but we have replaced a partial list of Federal 
agencies with a cross reference to our Interagency Memorandum of 
Understanding (MOU) for Processing Deepwater Port Applications.
    Sec.  148.211(b): One commenter said that applicants should have to 
submit fully revised applications if changes become too voluminous. We 
agree, and added this paragraph accordingly.
    Sec.  148.217(c): We revised this paragraph to clarify MARAD's 
role.
    Sec.  148.221: We revised this section for clarity.
    Sec. Sec.  148.222, 148.227: We revised these sections to make it 
clear that they apply not only to the public hearing required by 33 
U.S.C. 1504(g), but to any other public hearing or meeting that other 
applicable Federal statutes (for example, the National Environmental 
Policy Act) or regulations may require. Insofar as possible, we intend 
to employ similar procedures for hearings or meetings that applicable 
State or tribal law might require.
    Sec.  148.276: At the suggestion of one commenter, we have revised 
this section to clarify that the statutory timeline governs MARAD's 
issuance of a record of decision, but not the actual issuance of a 
license.
    Sec.  148.283: One commenter asked if this section addresses 
natural gas as well as oil deepwater ports. This section addresses any 
deepwater port.
    Part 148, subpart D, Sec. Sec.  148.300-148.320: One commenter 
recommended amending these sections that relate to licenses, and to 
permit levying additional license fees based on license conditions, 
amendments, transfers, and reinstatements. This is unnecessary because 
additional fees for such costs can be levied under section 148.125.
    Sec.  148.305: At the suggestion of one commenter, we amended this 
section to clarify that the license conditions set by MARAD reflect the 
recommendations or requirements of all Federal agencies involved in 
processing an application.
    Sec.  148.310: One commenter recommended terminating a license if 
port construction does not begin within 5 years, or if port operations 
are suspended for more than 2 years, arguing that this would prevent an 
ineffective licensee from indefinitely barring other activities in the 
vicinity. We have revised the section to make it clear that MARAD has 
the authority to set conditions of termination in the license.
    Sec.  148.315: One commenter recommended imposing an inflation-
adjustable fixed fee for amending, transferring or reinstating a 
license. Regulatory action is not needed because MARAD can address fees 
in setting license conditions.
    Sec.  148.325: In response to a commenter's suggestion, we are 
adding this section concerning the decommissioning of a deepwater port. 
The same commenter also recommended adding a requirement for applicants 
to demonstrate the financial capacity to restore a deepwater port site 
after decommissioning. Regulatory action for the second request is not 
necessary because applicants are already required to estimate 
decommissioning costs under section 148.105(g)(2)(iii), and MARAD can 
address the applicant's financial capability to decommission the port 
as a condition of the license.
    Sec.  148.400: One commenter recommended that we require the 
applicant to conduct a thorough OCS operations impact analysis, and 
include information on consultation with other Federal agencies. 
Regulatory action is not needed because the first concern is already 
addressed as part of any environmental assessment, while the second can 
be provided to applicants through interagency coordination.
    Sec.  148.405(c)(3): At the suggestion of one commenter, we are 
requiring the applicant to specify the depth limit for sediment 
testing, in order to prevent incidents associated with potential 
shallow geological hazards.
    Sec.  148.505: At MARAD's request we revised this section to 
require exemption applications to be sent to MARAD as well as the Coast 
Guard.
    Sec.  148.605: One commenter noted the temporary interim rule's 
deletion of a specific reference to the lower liability cap approved in 
1995 for the Louisiana Offshore Oil Port (LOOP; see 60 FR 39849, Aug. 
4, 1995), and sought verification that this deletion was not intended 
to alter LOOP's liability cap. That is correct. The 1995 liability cap 
for LOOP remains in place. We have merely determined that specific caps 
for individual ports need not be included in the Code of Federal 
Regulations in order for them to be valid.
    Sec.  148.700: One commenter implied that this section should 
provide more detail about an applicant's interaction with specific 
agencies. Regulatory action is not needed because this section provides 
only general information. Specific detail is communicated to each 
applicant in the normal course of the application process. See, for 
example, Sec.  148.110, which provides for any person's right to confer 
with the Coast Guard about application requirements, and Sec.  148.108, 
which provides for requesting the collection of additional information 
from an applicant.
    Sec.  148.707: One commenter suggested making this section more 
explicit about the actual criteria the Coast Guard applies in its 
environmental analyses, and about the broad scope that an environmental 
analysis may cover. Regulatory action is not needed because this 
section provides only general information. Specific detail is 
communicated to each applicant and to the public in the course of an 
environmental analysis that meets all applicable statutory and 
regulatory requirements.
    Sec.  148.710(a)(2): We clarified that the marine environment is 
the focus of this provision.
    Sec.  148.710(b): We revised this paragraph in response to a 
commenter who pointed out that 33 U.S.C. 1504(i)(3) does not apply to 
natural gas deepwater ports.
    Sec.  148.710(c): We are adding this paragraph in order to qualify 
the reference to ``a single, detailed environmental impact statement or 
environmental assessment'' in paragraph (b). Applicable regulations at 
40 CFR 1502.9 permit the filing of supplemental environmental analyses 
in appropriate circumstances.
    Sec.  148.715: At a commenter's suggestion, we revised this section 
by replacing ``prevent or minimize'' with language based on the 
discussion of mitigation in 40 CFR 1508.20.
    Sec. Sec.  148.720, 148.725: One commenter asked us to provide more 
information about other agencies' siting, design, construction, or 
operational criteria. Regulatory action is not needed because this 
section provides general information about Coast Guard implementation 
of applicable statutes. We partner with other agencies in processing 
each application, and they provide input based on the criteria under 
which they operate.
    Sec.  148.730(a): One commenter said it was not clear that this 
paragraph applies to State agencies only in designated adjacent States. 
It does, and we have revised the paragraph accordingly.
    Sec.  148.737: We made minor revisions at the suggestion of one 
commenter, and

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emphasized that the list is informational and not all-inclusive. Also, 
we deleted paragraph designations and former paragraph (b), which is 
redundant of Sec.  148.710.
    Part 149 (Sec. Sec.  149.1-149.700): One commenter suggested an 
overall methodology for deepwater port design. Regulatory action is not 
needed because the current provisions of part 149 provide suitable 
flexibility and regulatory oversight.
    Sec.  149.15: One commenter asked us to provide more detail with 
respect to alterations and modifications that could require another 
agency's approval. Regulatory action is not needed because license 
conditions and interagency agreements can provide adequately for the 
circumstances outlined by the commenter.
    Sec.  149.110: One commenter asked us to specify emergency shut 
down and redundant protection measures under certain conditions. These 
measures can be addressed as part of the detailed, post-licensing 
design and engineering review and, once approved, described in the 
operations manual.
    Sec.  149.305: We amended this section to better align it with 
Sec.  149.304(a)(2), in response to one commenter who noted a possible 
conflict.
    Sec.  149.403: We amended this section for clarification.
    Sec.  149.415: We amended this section to clarify that the fire 
main systems must be constructed in accordance with 33 CFR 127.067 or 
comply with a national consensus standard.
    Sec. Sec.  149.416, 149.417 and 149.418: We removed these sections 
because they are redundant; the material discussed is adequately 
addressed in Sec.  149.419. Sec. Sec.  149.419, 149.420, 149.421, 
149.422, 149.423 and 149.424 have been sequentially renumbered to align 
with the revised text.
    Sec.  149.416 (formerly Sec.  149.419): One commenter suggested 
that this section's requirement for compliance with 33 CFR 127.609 is 
incompatible with 33 CFR 149.418(a) and 46 CFR 108.425. Regulatory 
action is not needed because there is no conflict. 33 CFR 149.418(a) 
has been removed, and the industry standard referenced by the commenter 
applies to hoses for water systems, not dry chemical hoses.
    Sec.  149.420 (formerly Sec.  149.423): We added text to better 
define material construction of escape routes to provide adequate 
protection in the event of a fire.
    Sec.  149.615: We updated this section to indicate that if the 
licensee uses a Coast Guard accepted Certifying Entity (CE), that the 
CE as well as the Coast Guard must be provided with all plans.
    Sec.  149.620: One commenter asked us to require applicants to 
submit drawings to other agencies in appropriate circumstances. 
Regulatory action is not needed because the Coast Guard already makes 
drawings available to other agencies, when appropriate. A second 
commenter suggested that we should review and permit classification 
society guidelines. A similar suggestion was made with respect to Sec.  
149.625, and we believe the action we took in that section addresses 
the concern raised with respect to Sec.  149.620.
    Sec.  149.625: One commenter said this section should require 
deepwater port structures to conform to MMS regulations for OCS 
platforms. An amendment is not needed because the current regulations 
appropriately provide for design innovation while retaining the need 
for compliance with all applicable law. In response to another 
commenter's observation, we redesignated paragraph (b) to paragraph (c) 
and added a new paragraph (b) to indicate that the licensee must submit 
to Commandant (G-P) a design basis for approval of the proposed 
standards that will be used in the fabrication and construction of all 
systems and components. This process is covered in greater detail in 
NVIC 03-05.
    Sec.  149.641(b): We revised this section for clarification.
    Sec.  149.650: In response to a commenter's suggestion, we revised 
this section to remove the reference to the American Bureau of 
Shipping. The substance of the section is not affected.
    Sec.  149.660: We revised this section for clarification.
    Sec.  149.675: At a commenter's request, we revised this section to 
apply only to deepwater ports whose design warrants the use of such a 
system. This revision takes into account the innovative design of some 
deepwater ports, for which public address systems are unnecessary.
    Sec.  149.691: At a commenter's suggestion, we revised this section 
to clarify that ports must either comply with 46 CFR 108.151, or follow 
an equivalent national consensus standard.
    Sec.  149.697(c): One commenter asked if the decibel level 
determination referenced in this paragraph can be made instantaneously. 
It cannot. We revised the paragraph to make it clear that the 
determination must be made using the method described in paragraph (b).
    Sec.  150.10: One commenter said that the port operations manual 
should include sections that deal with emergencies on ports that are 
co-located with MMS-regulated facilities. Necessary contingency 
measures will be addressed in the operations manual, but need not be 
detailed in regulatory text.
    Sec.  150.15(l): One commenter recommended that we add requirements 
for normal pressure settings during transfer, as well as all relief 
valve settings and sensors. An amendment is not necessary because these 
specifics would be better addressed in the operations manual.
    Sec.  150.15(n): We revised this paragraph by adding facility 
support services, and by clarifying that the listed equipment is only 
illustrative. The operations manual must include any key equipment that 
will need regular service or maintenance.
    Sec.  150.15(o): We added this requirement for a waste management 
plan in response to a commenter's request.
    Sec.  150.15(q)(formerly (p)): We added a requirement for 
procedures to notify nearby OCS facilities, at a commenter's 
suggestion.
    Sec.  150.15(u): At a commenter's request, we added this 
requirement for emergency evacuation procedures comparable to 33 CFR 
146.140(d).
    Sec.  150.15(x)(formerly (v)): We revised this paragraph concerning 
security plans, for clarity.
    Sec.  150.15(y): At a commenter's suggestion, we added language 
concerning special operations plans for contingency response in the 
event of an incident that might affect nearby OCS facilities. However, 
we emphasize that, like many lists in this subchapter, the list of 
special operations in this paragraph is merely illustrative. Depending 
on a proposed port's specific circumstances, other special operations 
plans could be required by this paragraph.
    Sec.  150.15(aa)(formerly (y)): We revised this paragraph for 
clarity, and added a risk management plan option. Also, we responded to 
a commenter's statement that ``periodic re-examination'' should take 
place every five years in environmentally sensitive areas. National 
Oceanic and Atmospheric Administration (NOAA) Fisheries has previously 
applied the five-year standard in approving a deepwater port license 
application, and we are including it in this paragraph for all 
deepwater ports.
    Sec.  150.20: We revised this section for clarity, and to address a 
commenter's request that additional copies be provided to other 
agencies as needed.
    Sec.  150.50: One commenter asked us to require applicants to 
provide an oil spill response plan to the MMS in appropriate 
circumstances. Such plans must be included in the operations manual 
pursuant to Sec.  150.15(y)(6) and

[[Page 57649]]

will be distributed to other agencies pursuant to Sec.  150.20.
    Sec.  150.100: We revised the last sentence of this section for 
clarity. One commenter said that this section should describe another 
agency's authority to inspect a deepwater port under certain 
circumstances. An amendment is not needed because each operations 
manual must account for the circumstances under which specific agencies 
can inspect the deepwater port.
    Part 150.105: We revised this part for clarification to indicate 
that, prior to implementing a self-inspection plan for a deepwater 
port, the operator must obtain Coast Guard acceptance to ensure quality 
assurance of the process.
    Part 150, subpart D (Sec. Sec.  150.300-150.385): One commenter 
asked us to provide more detail about safety zones, anchorage areas, 
and areas to be avoided. An amendment is not needed, because these 
sections merely require compliance with zones and areas that are 
established and described pursuant to other laws and regulations.
    Sec.  150.380: We revised the table to further clarify vessel and 
OCS (OCS) facility operating conditions and restrictions, and to remove 
a reference to an obsolete section.
    Sec.  150.435: One commenter asked us to add that under certain 
circumstances, deepwater port operations can be halted in order to 
ensure safety. An amendment is not needed because those circumstances 
would be evaluated as part of the deepwater port's risk assessment, and 
spelled out in its operations manual.
    Sec.  150.440(d): An applicant inquired if the implementation of a 
suspension would be delayed while under appeal. It would not be, and we 
revised this paragraph to make that clear.
    Sec.  150.445: We revised this section to clarify that a suspension 
order is in effect while an operator is preparing and submitting a 
petition to have the suspension lifted. The withdrawal of a suspension 
will not take effect until the District Commander has rendered a final 
decision.
    Sec.  150.505(b): At the suggestion of one commenter, we revised 
this paragraph to eliminate a reference to an inspection certification, 
which is not required, and replace it with a reference to the self-
inspection required by Sec.  150.105. This commenter also suggested 
that the boat-release gear be examined every 30 months, but we think it 
is appropriate to retain the more flexible current regulatory language, 
which provides for inspections in accordance with manufacturer's 
recommendations.
    Sec.  150.611: We corrected the reference to OSHA head-protection 
regulations.
    Sec.  150.613(b): We removed an obsolete alternative deadline for 
completing the initial noise survey.
    Sec.  150.625(c): We added the proviso that a material safety data 
sheet (MSDS) may be used for training personnel in the use of hazardous 
materials provided the employee acknowledges and demonstrates 
appropriate safety measures.
    Sec.  150.812: We added this section at one commenter's suggestion 
that we provide more information on how the Coast Guard will follow up 
on a casualty report.
    Sec.  150.815: One commenter pointed out that, in appropriate 
circumstances, casualty reports must also be submitted to other 
agencies. We revised this section accordingly. We also added a 
clarification that the testing required under paragraph (b) will be 
conducted in accordance with 33 CFR part 140.
    Sec.  150.820: We added paragraph (d) in response to a commenter's 
suggestion.
    Sec.  150.905: At a commenter's suggestion, we revised this section 
to provide more information.
    Sec.  150.910: We revised this section for clarity and to indicate 
that mandatory prohibitions apply only in safety zones, not in areas to 
be avoided (ATBAs), which are recommendatory. One commenter noted that 
this section does not describe the circumstances under which existing 
legal agreements might call for installations, structures, or 
activities in the vicinity of the deepwater port, other than those 
directly associated with the deepwater port. An amendment is not needed 
because these circumstances would be evaluated as part of the deepwater 
port's risk assessment, and mitigating measures would be spelled out in 
the port's operations manual.
    Sec.  150.915: We revised this informational section for clarity, 
and in response to a commenter's suggestions. The commenter asked us 
not to establish a safety zone without prior public notice and comment. 
We decline to make such a commitment because, under certain 
circumstances, the public health or safety needs may require emergency 
regulatory action. However, we deem it appropriate to elaborate here on 
the process for establishing safety zones, no anchoring areas (NAAs) 
and (ATBAs). The Coast Guard works with the Departments of Commerce, 
Defense, the Interior, and State to make sure their interests are taken 
into account in the creation of these zones. Further, before the U.S. 
Government proposes a NAA or ATBA to the International Maritime 
Organization (IMO) for approval, the Shipping Coordinating Committee of 
the Department of State is used to develop the U.S. Government position 
on the nature and scope of such measures. Because the Shipping 
Coordinating Committee is a Federal Advisory Committee Act (FACA) 
committee, its meetings are open to the public; a notice is put in the 
Federal Register, so all interested members of the public, all 
stakeholders, including environmental organizations, and any existing 
or prospective OCS leaseholders in the area have notice and an 
opportunity to present their views.
    Sec.  150.940: We added this section in 2005, in response to a 
comment on the TIR, and will update it as new deepwater ports become 
operational. General definitions for various vessel routing measures 
have been added in Sec.  148.5. More specific provisions will be 
included in each deepwater port's license and operations manual.

Regulatory Evaluation

    This final 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. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary.
    The Coast Guard received no comments on the regulatory evaluation, 
which included the impact on small entities and the collection of 
information statement, and was published in the interim rule.
    In this final rule, the Coast Guard is permanently adopting, with 
revisions, the regulations contained in the temporary interim rule we 
published at the beginning of 2004. The temporary interim rule updated 
the original 1975 regulations that applied only to deepwater ports that 
handle petroleum. It modernized and streamlined the regulations in 
accordance with the Deepwater Port Modernization Act of 1996, and also 
extended those regulations to apply to deepwater ports that handle 
natural gas, in accordance with the Maritime Transportation Security 
Act of 2002. The temporary interim rule expires on October 1, 2006, and 
must be replaced by a final rule on or before that date in order to 
continue the regulatory program introduced in 2004. The final rule also 
incorporates lessons learned from processing several deepwater port 
applications, and addresses public comments received in response to the 
temporary interim rule.
    For the final rule, we updated the regulatory evaluation to include

[[Page 57650]]

information on the additional deepwater port that has begun to operate.
    We expect the costs of this final rule to have a nominal effect on 
the owners and operators of deepwater ports. Currently, there are two 
licensed and operating deepwater ports, the Louisiana Offshore Oil Port 
(LOOP) and the Excelerate Energy's Gulf Gateway deepwater port that 
receives LNG. LOOP represents industry standards for manned deepwater 
ports. Gulf Gateway is a small, unmanned submerged turret loading (STL) 
buoy that is in full compliance with this final rule.
    In a report to the Secretary of Energy, the National Petroleum 
Council estimated that fewer than ten new LNG import terminals (onshore 
and deepwater) will be licensed and operating in 2025. We expect that 
the new deepwater ports will follow existing industry standards and, 
therefore, will incur, at most, the same costs as the existing 
compliant deepwater ports. We assume that no manned deepwater ports 
will be larger or more extensive than LOOP. We assume that unmanned 
deepwater ports will be roughly similar to Gulf Gateway. We also assume 
that the design and construction of new deepwater ports (manned or 
unmanned) will follow the industry standards.
    The final rule is consistent with the industry's request to have 
its regulations aligned with the current industry standards and future 
OCS regulations. The benefits are the result of updating and removing 
unnecessary and obsolete regulations. The final rule incorporates 
current industry practices. As such, the industry will benefit, as this 
certainty eliminates the risk that industry will be liable for 
unexpected investments made necessary to comply with federal 
regulations. To the extent that revised regulations facilitate the 
development of new deepwater ports, the final rule also benefits the 
nation's overall economy, by making development of an adequate energy 
infrastructure more likely.
    We do not expect that new collection of information burdens will be 
placed on the affected entities, because the industry is already 
compliant with safety, environmental, and training report activities. 
The reporting requirements established by current industry practice 
will aid its ability to enforce regulations, thereby promoting safety 
and security of life and property. Furthermore, by recording training, 
personnel and safety information, deepwater ports will increase their 
own safety and security level by improving accident readiness, noise 
level awareness, lifesaving equipment preparation and situational 
awareness.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 government jurisdictions with populations of less than 
50,000.
    There are two entities that operate an existing deepwater port. 
LOOP is owned by a consortium of three multinational energy 
corporations and, therefore, LOOP does not qualify as a small entity. 
Gulf Gateway is wholly owned by Excelerate Energy, a private company. 
Excelerate Energy also does not qualify as a small entity. Given that 
investment in deepwater ports requires several hundred million dollars, 
we do not expect any licensee or operator of future deepwater ports to 
qualify as a small entity. No not-for-profit organizations are expected 
to be involved with deepwater ports. Finally, deepwater ports are by 
definition beyond the range of small government jurisdictions.
    Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This 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 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 final rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This final rule will not effect 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 final 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 final 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.

Indian Tribal Governments

    This final 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 final 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.

[[Page 57651]]

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 requires compliance with numerous technical 
standards that have been set in regulations adopted by the Coast Guard 
and other Federal agencies. In all cases, those regulations either (1) 
specify the use of a voluntary consensus standard; (2) specify 
performance levels that may be met through the use of a voluntary 
consensus standard; (3) permit the use of equivalents, which may be 
derived from voluntary consensus standards; or (4) are subject to the 
exemption or adjustment provisions of Part 148, Subpart F, ``Exemption 
from or Adjustments to Requirements in this Subchapter.''

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(a), (c), and (i) of the Instruction, and under section 
6(b) of the ``Appendix to National Environmental Policy Act: Coast 
Guard Procedures for Categorical Exclusions, Notice of Final Agency 
Policy,'' (67 FR 48244, July 23, 2002) 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. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are 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 implementing this subchapter?
148.3 What Federal agencies are responsible for implementing the 
Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
148.8 How are certifying entities designated and used for purposes 
of this subchapter?
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 may I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?
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 How do I claim, or object to a claim, that required 
information is privileged?

Public Hearings or Meetings

148.222 When must public hearings or meetings be held?
148.227 How is a public hearing or 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 should I file 
it?
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 serving a subpoena?
148.254 How is a hearing transcript 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 
a deepwater port in 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-P) and the Maritime

[[Page 57652]]

Administrator on developing the proposed 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?
148.325 How soon after port decommissioning must the licensee 
initiate removal?
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-P) 
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-P) 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 implementing 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 implementing the 
Deepwater Port Act?

    (a) 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.
    (b) MARAD is responsible for issuing the Record of Decision to 
announce whether a license application is approved, approved with 
conditions, or denied, and 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.
    (c) The Secretary of Transportation has delegated authority over 
pipeline matters to the Pipeline Hazardous Materials and Safety 
Administration.
    (d) The Environmental Protection Agency (EPA), U.S. Army Corps of 
Engineers, Minerals Management Service (MMS) in the Department of 
Interior, and other Federal agencies are designated as cooperating 
agencies and support the Coast Guard and MARAD in the review and 
evaluation of deepwater port license applications. You can view the 
interagency memorandum of understanding (MOU) outlining the relative 
roles and responsibilities of these and other Federal agencies at: 
http://www.uscg.mil/hq/G-P/mso/docs/dwp_white_house_task_force_energy_streamlining.pdf.


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

    As used in this subchapter:
    Act means the Deepwater Port Act of 1974, 33 U.S.C. 1501 et seq., 
as amended.
    Adjacent coastal State means any coastal State which:
    (1) Would be directly connected by pipeline to a deepwater port, as 
proposed in an application;
    (2) Would be located within 15 miles of any such proposed 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).
    Affiliate means a person:
    (1) That has a direct or indirect ownership interest 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
    (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 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-P).
    Area to be avoided or ATBA 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 
should be avoided by all ships or certain classes of vessels. An ATBA 
may be either recommended (``recommendatory'') or mandatory. An ATBA is 
recommendatory when ships are advised to navigate with caution in light 
of specially hazardous conditions. An ATBA is mandatory when navigation 
is prohibited or subject to a competent authority's conditions. ATBAs 
for deepwater ports are recommendatory.
    Barrel means 42 U.S. gallons (approximately 159 liters) at 
atmospheric pressure and 60 [deg]F (approximately 15.56 [deg]C).
    Captain of the Port or COTP means a Coast Guard officer who 
commands a

[[Page 57653]]

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.
    Certifying entity or CE means any individual or organization, other 
than the operator, permitted by the Commandant (G-PSO) to act on behalf 
of the Coast Guard pursuant to section 148.8 of this subpart. The 
activities may include reviewing plans and calculations for 
construction of deepwater ports, conducting inspections, witnessing 
tests, and certifying systems and/or components associated with 
deepwater ports as safe and suitable for their intended purpose.
    Citizen of the United States means:
    (1) Any person who is a United States citizen by law, birth, or 
naturalization;
    (2) Any State, State agency, or group of States; or
    (3) Any corporation, partnership, or other association:
    (i) That is organized under the laws of any State;
    (ii) Whose president, 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:
    (1) Transitional and intertidal areas, bays, lagoons, salt marshes, 
estuaries, and beaches;
    (2) Fish, wildlife, and other living resources of those waters and 
lands; and
    (3) The recreational and scenic values of those lands, waters, and 
resources.
    Coastal State means a State of the United States in or bordering 
the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
    Commandant (G-P) means the Assistant Commandant for Prevention, or 
that individual's authorized representative, at Commandant (G-P), 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, for example a cofferdam or double bottom tank; or
    (2) Is not designed for continuous occupancy by personnel.
    Construction means supervising, inspecting, 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, bulk heading, alterations, modifications, and additions to the 
deepwater port.
    Control means the direct or indirect power to determine the policy, 
business practices, or decisionmaking 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 otherwise.
    Crude oil means a mixture of hydrocarbons that exists 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:
    (1) May expose personnel to the risk of death, incapacitation, 
injury, or acute illness; or
    (2) May impair ability to escape from the atmosphere unaided.
    Deepwater port:
    (1) Means any fixed or floating manmade structures other than a 
vessel, or any group of structures, located beyond State seaward 
boundaries that are used or are 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 the Deepwater Ports Act, including 
transportation of oil or natural gas from the United States' OCS;
    (2) Includes all components and equipment, including pipelines, 
pumping stations, service platforms, buoys, mooring lines, and similar 
facilities, to the extent that they are located seaward of the high 
water mark;
    (3) Includes, in the case of natural gas, 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; and
    (4) Shall be considered a ``new source'' for purposes of the Clean 
Air Act, 42 U.S.C. 7401 et seq., as amended, and the Federal Water 
Pollution Control Act, 33 U.S.C. 1251 et seq., as amended.
    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 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.
    Engineering hydrographic survey means a detailed geological 
analysis of seabed soil samples performed to determine the physical 
composition, for example the mineral content, 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 connection for 
oil or natural gas transfer 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 OCS 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.

[[Page 57654]]

    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:
    (1) The coastal environment, waters of the contiguous zone, the 
Exclusive Economic Zone, and the high seas;
    (2) Fish, wildlife, and other living resources of those waters; and
    (3) The recreational and scenic values of those waters and 
resources.
    Marine site means the area in which the deepwater port is located, 
including the safety zone 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, and includes 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.
    Metering platform means a manned or unmanned platform consisting of 
either a fixed or floating structure that serves as an interchange site 
for measuring 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.
    Natural gas liquids means liquid hydrocarbons associated with or 
extracted from natural gas, for example ethane, propane and butane 
extracted from 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 or NAA means a routing measure comprising an area 
within defined limits where anchoring is hazardous or could result in 
unacceptable damage to the marine environment. Anchoring in a no 
anchoring area should be avoided by all vessels or certain classes of 
vessels, except in case of immediate danger to the vessel or the person 
on board.
    Officer in Charge of 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.
    Person in Charge (PIC) means an individual designated as a person 
in charge of transfer operations under Sec.  154.710 for oil facilities 
or Sec.  127.301 for liquefied natural gas (LNG) facilities. Within 
this subchapter, other references to person in charge, without the use 
of the acronym PIC, will mean a person in charge of an operation other 
than transfer operations.
    Personnel means individuals who are employed by licensees, 
operators, contractors, or subcontractors, and who are on a deepwater 
port because of their employment.
    Pipeline end manifold means the pipeline end manifold at a single 
point mooring.
    Platform means a fixed for floating structure that rests on or is 
embedded in the seabed or moored in place 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 or submerged turret loading buoys 
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 saltwater bodies, currents and water content, cultural 
resources, seabed soils and subsea conditions, for example existing 
pipelines or subsea wells. A visual representation of the survey 
findings is normally depicted on a chart of the examined area.
    Routing systems means any system of one or more vessel routes or 
routing measures aimed at reducing the risk of casualties. It includes 
traffic separation schemes, two-way routes, recommended tracks, areas 
to be avoided, no anchoring areas, inshore traffic zones, roundabouts, 
precautionary areas and deepwater routes.
    Safety zone means a safety zone established around a deepwater port 
under part 150, subpart J, of this chapter. The safety zone may extend 
to a maximum distance of 500 meters (approximately 1,640 feet) around 
the facility, measured from each point on its outer edge or from its 
construction site, except as authorized by generally accepted 
international standards or as recommended by the International Maritime 
Organization. However, the zone may not interfere with the use of 
recognized sea lanes.
    Single point mooring or SPM means an offshore berth that links an 
undersea pipeline to a moored tanker and allows for the transfer of oil 
or natural gas between the tanker and the pipeline.
    Single point mooring oil transfer system or SPM-OTS means the part 
of the oil transfer system from the pipeline end manifold to the end of 
the hose string that connects to the tanker's manifold.
    Single (or multiple) point mooring natural gas transfer system or 
SPM-NGTS (or MPM-NGTS) means the part of the 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 State 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 described in Sec.  149.303 of this 
subchapter.
    Tanker means a vessel that calls at a deepwater port to unload oil 
or natural gas.
    Vessel means every description of watercraft, including non-
displacement

[[Page 57655]]

craft e.g., wing-in-ground (WIG) craft, seaplanes) capable of being 
used, as a means of transportation on or through the water.


Sec.  148.8  How are certifying entities designated and used for 
purposes of this subchapter?

    (a) Applicants and licensees may nominate a certifying entity (CE) 
for the performance of tasks for which the Coast Guard is responsible 
under this subchapter.
    (b) Nominations may be made at any time after the Maritime 
Administration issues a record of decision approving the application, 
and must include the following information for each nominee:
    (1) The specific functions or tasks to be performed by the nominee;
    (2) Name and address;
    (3) Size and type of organization or corporation;
    (4) Previous experience as a CE, certified verification agent, or 
similar third-party representative;
    (5) Experience in design, fabrication, or installation of fixed 
offshore oil and gas platforms, similar fixed, floating, or gravity-
based structures and project-related structures, systems, and 
equipment;
    (6) Technical capabilities, including professional certifications 
and organizational memberships of the nominee or the primary staff to 
be associated with its duties for the specific project;
    (7) In-house availability of, or access to, appropriate technology 
such as computer modeling programs and hardware or testing materials 
and equipment;
    (8) Ability to perform and effectively manage the duties for which 
it is nominated considering current resource availability;
    (9) Previous experience with regulatory requirements and 
procedures;
    (10) A statement signed by the nominee's chief officer or that 
person's designee that the nominee:
    (i) Is not owned or controlled by the designer, manufacturer, or 
supplier of any equipment, material, system, or subsystem that would be 
the subject of the nominee's duties, or by any manufacturer of similar 
equipment or material; and that
    (ii) The nominee will allow access to an official representative of 
the Coast Guard, upon request, to facilities or records that relate to 
its duties; and
    (11) A list of documents and certifications to be furnished to the 
Coast Guard by the nominee.
    (c) The Commandant (G-P) may accept or reject the nomination of a 
CE and will provide guidance and oversight to each CE. The Commandant 
(G-P) may terminate the acceptance of a CE at any time.

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 this 
section.
    (a) General. 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, 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 the applicant's corporate officers and directors, and 
each affiliate that participated in the decision to apply for a 
license;
    (5) A statement for each applicant or affiliate, providing complete 
and detailed information on any civil or criminal legal proceeding 
during the preceding 5 years that relates to, or that could materially 
affect, information in the license application; and,
    (6) A declaration by the applicant that neither the applicant nor 
its affiliate has engaged in any lobbying activities that are 
prohibited by 31 U.S.C. 1352 or any other applicable Federal anti-
lobbying statute.
    (b) Experience in matters relating to deepwater ports.
    (1) A description of the applicant's, affiliate's, and consultant's 
experience in offshore operations, particularly operations involving 
the transfer and storage of liquid cargo, and the loading and unloading 
of vessels.
    (2) For each affiliate that has a significant contract with the 
applicant for construction of the deepwater port, a description of that 
affiliate's experience in construction of marine terminal facilities, 
offshore structures, underwater pipelines, and seabed foundations; in 
addition to a description of other experiences that would bear on the 
affiliate's qualification to participate in the construction of a 
deepwater port.
    (c) Engineering firms. For each engineering firm, if known, that 
will design the deepwater port or a portion of the port, the 
application must include the firm's:
    (1) Name;
    (2) Address;
    (3) Citizenship;
    (4) Telephone number; and
    (5) Qualifications.
    (d) Citizenship and operating authority. For each applicant or 
group of applicants, provide:
    (1) An affidavit that the applicant is a citizen of the United 
States;
    (2) For State agency applicants, the law authorizing the applicant 
to undertake the operations detailed in the application;
    (3) For private corporation applicants, the current charter or 
certificate of incorporation and current by-laws; and affidavits of 
U.S. or foreign citizenship from the president, chairman of the board, 
and each director or their equivalents; for limited liability 
companies, the equivalent organizational documents, and affidavits from 
the members of the Board of Managers, and members; and
    (4) For partnerships, including limited liability partnerships, or 
associations not formed or owned solely by individual citizens of the 
United States, the certificate of formation; the partnership agreement 
or articles of association; the current by-laws; the minutes of the 
first board meeting; and affidavits of U.S. or foreign citizenship from 
the president and each director, or their equivalents.
    (e) Address for service of documents. The name and address of one 
individual who may be served with documents if 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, a general description of the anticipated use of the 
port, and whether access will be open or closed.
    (g) Financial information.
    (1) For the applicant, 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-P), in concurrence

[[Page 57656]]

with MARAD, may waive this requirement upon finding:
    (A) That the affiliate does not, in the normal course of business, 
produce audited statements; and
    (B) That the affiliate 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 preliminary estimate of the cost of removing all of the 
deepwater port marine components, including pipelines that lie beneath 
the seabed. The operator of a deepwater port is responsible for the 
costs associated with removal of all port components. Should a license 
be granted, MARAD will require a bond, guarantee, or other financial 
instrument to cover the complete cost of decommissioning as a condition 
of the license.
    (3) Annualized projections or estimates, along with the underlying 
assumptions, for the next 5 years and at reasonable intervals 
throughout the life of the deepwater port, of each of the following:
    (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 application, for the applicant and each of the applicant's 
affiliates engaged in producing, refining, or marketing oil or natural 
gas and natural gas liquids, 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; and 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;
    (vi) Natural gas; and
    (vii) Natural gas liquids.
    (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 cases where certification under 33 U.S.C. 1341(a)(1) must be 
obtained from the Environmental Protection Agency Administrator, the 
request for certification, and pertinent information, such as 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, 16 
U.S.C. 1456, as amended.
    (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 OCS leasing maps or protraction 
diagrams, where available. Each map and diagram must be certified by a 
professional surveyor. 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 or grantee 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, for example, installation of new pipeline extending 
inshore 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, such as minerals, 
and if the sea bottom can support fixed components comprising a 
deepwater port. The applicant may submit existing data, gathered within 
the previous 5 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 5

[[Page 57657]]

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 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. The analysis must meet standards established by the 
Minerals Management Service for activities on the OCS, or an 
alternative standard that has been submitted to and approved by the 
Coast Guard. The survey must include the areas potentially affected by 
the deepwater port, or any other associated platforms, and its pipeline 
route(s).
    (p) Vessel information.
    (1) The nation of registry for, and the nationality or citizenship 
of, officers and crew serving on board vessels transporting natural gas 
that are reasonably anticipated to be servicing the deepwater port; and
    (2) Description of the information that will 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 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 that will be 
applied.
    (5) A description of safety, firefighting, and pollution prevention 
equipment to be used on each floating component.
    (6) A description of the lighting that will be used on floating 
hoses, for night detection.
    (r) Information on dedicated fixed offshore components.
    (1) A description and preliminary design drawing for each dedicated 
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 that will be 
installed:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response equipment 
which must 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 equipment for oil or 
natural gas throughput measuring, leak detection, emergency shutdown, 
and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (s) Refurbished OCS facilities and co-located fixed offshore 
components.
    (1) A description and preliminary design drawing for each such 
facility or component.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each facility or component will be designed and built or 
modified;
    (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 or 
refurbished:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response equipment 
which must be outlined in the facility response plan;
    (vi) Waste treatment equipment; and
    (vii) Cathodic protection.
    (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 equipment for oil or 
natural gas throughput measuring, leak detection, emergency shutdown, 
and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (t) 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 that will 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.
    (7) Information on the pipeline that will connect to the port, 
including a detailed analysis that shows throughput and capacity rates 
of all pipelines involved in the transport of product to shore.
    (u) Information about onshore components. 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 about 
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

[[Page 57658]]

refinery, and the anticipated volume of such oil to be refined by each 
such refinery.
    (v) 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 its 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 that will be used for bunkering 
vessels using the deepwater port.
    (4) A brief description of the type, size, and number of vessels 
that will be used in bunkering, mooring, and servicing the vessels 
using the deepwater port.
    (5) A description and location of the shore-based support 
facilities, if any, that will be provided for vessels that will be used 
in bunkering, mooring, and servicing the vessels using the deepwater 
port; 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, a copy of the application sent to the Federal Communications 
Commission, if available.
    (w) Construction procedures. A description of the method and 
procedures to be used in constructing each component of the deepwater 
port, for example shoreside fabrication, assembly and support, 
including anticipated dates of completion for each specific component 
during each phase of construction.
    (x) 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 that 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.
    (y) Risk and consequence assessment. Data to support an 
independent, site-specific analysis to assess the risks and 
consequences of accidental and intentional events that compromise cargo 
containment. At minimum, potential events that result in liquefied 
natural gas or oil spill, vapor dispersion and/or fire will be 
analyzed. The Coast Guard will utilize validated models, for example 
computational fluid dynamics or an equivalent model. The applicant may 
consult with Commandant (G-P) to ensure that appropriate assessment 
procedures are used.
    (z) 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 impacts on the natural and 
human environments, including sufficient information that complies with 
all applicable Federal, tribal, and State requirements for the 
protection of the environment.
    (aa) 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 lit beacon:
    (i) Color;
    (ii) Characteristic;
    (iii) Effective intensity;
    (iv) Height above water; and
    (v) General description of the 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 and/or sound signal apparatus 
on the buoy.
    (5) For the proposed radar beacon, or RACON, height above water and 
a general description of the apparatus.
    (bb) National Pollutant Discharge Elimination System (NPDES). A 
copy of the NPDES Application for Permit to Discharge Short Form D, for 
applying for a discharge permit from the Environmental Protection 
Agency (EPA) and any accompanying studies and analyses. 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 
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.
    (cc) Structures' placement and the discharge of dredged or fill 
material. The information required to obtain a Department of the Army 
permit for placement of structures and the discharge of dredged or fill 
material.
    (dd) 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.
    (ee) Sworn statement. A statement that the information in the 
application is true must be placed at the end of the application, sworn 
to before a notary public, and signed by a responsible applicant 
official.


Sec.  148.107  What additional information may be required?

    (a) The Commandant (G-P), 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 other information he or 
she deems necessary.
    (b) The Commandant (G-P) 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-P) may set a deadline for receiving the 
information.
    (1) If the applicant states that the required information is not 
yet available but will be at a later date, the Commandant (G-P) may 
specify a later deadline.
    (2) If a requirement is not met by a deadline fixed under this 
paragraph, the Commandant (G-P), in coordination with MARAD, may 
determine whether compliance with the requirement is important to 
processing the application within the time prescribed by the Act.
    (3) If the requirement is important to processing the application 
within the time limit set by the Act, the Commandant (G-P) may 
recommend to the Maritime Administrator that he or she 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.

[[Page 57659]]

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 that is not specified 
by this subchapter.
    (b) Recommendations must state briefly why the information is 
needed.
    (c) The Commandant (G-P) must receive the request prior to the 
closing dates for the comment periods for scoping, and the draft or 
final environmental impact statement or environmental assessment. MARAD 
will consider the request before making a final decision on whether or 
not to approve the license application.
    (d) The Commandant (G-P) 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) The Commandant (G-P) may discuss the recommendation with the 
recommending person and the applicant prior to issuing a determination.


Sec.  148.110  How do I prepare my application?

    (a) Any person may confer with the Commandant (G-P) 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:
    (1) Standard reference material that the applicant relied on 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 as required by Sec.  148.115(a);
    (ii) The date of filing and the document number 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 the following copies of the application:
    (a) Two printed copies and three electronic versions to the 
Commandant (G-PSO), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.
    (b) Two printed copies and two electronic versions to the MARAD 
Administrator, 400 7th Street SW., Washington, DC 20590.
    (c) 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/.
    (d) Additional printed and electronic copies for distribution to 
Federal, tribal, and State regulatory agencies involved in reviewing 
the application in accordance with the needs of each agency.


Sec.  148.125  What are the application fees?

    (a) The applicant must submit 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 for the 
additional costs. The Commandant (G-P) will periodically advise the 
applicant of the status of expenses incurred during the application 
process.
    (c) Additional costs attributable to processing a deepwater port 
license application and post-license activities, for example the 
engineering plan review or development of the final operations manual, 
are due when they are assessed, and must be paid by the applicant prior 
to commencing operation of the deepwater port.
    (d) Application fees and additional costs assessed under this 
section must be made payable to the United States Treasury, and 
submitted to the Commandant (G-P).

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:
    (a) Maintaining the docket;
    (b) Designating adjacent coastal states;
    (c) Holding informal and formal public hearings; and
    (d) Approving or denying an application.


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

    (a) The Commandant (G-P) maintains the docket for each application.
    (1) The docket contains a copy of all documents filed or issued as 
part of the application process.
    (2) Recommendations submitted by Federal departments and agencies 
under 33 U.S.C. 1504(e)(2) are docketed when they are received.
    (3) Copies of applicable National Environmental Policy Act 
documents prepared under 33 U.S.C. 1504(f) are docketed when they are 
sent to the Environmental Protection Agency.
    (b) For a document designated as protected from disclosure under 33 
U.S.C. 1513(b), the Commandant (G-P):
    (1) Prevents the information in the document from being disclosed, 
unless the Commandant (G-P) 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 may 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-P) at the 
address under ``Commandant (G-P)'' 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.
    (c) Docketed material for each deepwater port project is also 
available to the public electronically at the Department of 
Transportation Docket Management System Web site at http://www.dot.dms.gov. The projects are also listed by name and the assigned 
docket number at the G-PSO-5 Web site: http://www.uscg.mil/hq/g-m/mso/mso5.htm.

[[Page 57660]]

Sec.  148.209  How is the application processed?

    The Commandant (G-P), in cooperation with the Maritime 
Administrator, processes each application and the Maritime 
Administration 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-P) ensures delivery of copies of the 
application to:
    (a) Each Federal agency with jurisdiction over any aspect of 
ownership, construction, or operation of deepwater ports. A complete 
listing of the Federal agencies involved with deepwater port licensing 
is outlined in the Deepwater Port Interagency MOU available at the 
following hyperlink: http://www.uscg.mil/hq/G-M/mso/docs/dwp_white_house_task_force_energy_streamlining.pdf.
    (b) Each adjacent coastal State, including relevant State and 
tribal agencies in those States.


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

    (a) 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 Sec.  148.115 of this part.
    (b) The Coast Guard may determine that the change or required 
information is of such magnitude that it warrants submission of a 
complete revised application.


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-P) for docketing.


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

    (a) If a State port will be directly connected by pipeline to a 
proposed deepwater port, and 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).
    (b) The request must be sent, in writing, to the Commandant (G-P) 
within 30 days after the date that the notice of application for the 
deepwater port is published in the Federal Register.
    (c) The request must contain:
    (1) A signature of the highest official of the port submitting the 
request;
    (2) A copy of the existing plans for the construction of a deep 
draft channel and harbor;
    (3) 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 an application pending for a permit under 
33 U.S.C. 403 for the construction;
    (4) Any available documentation on:
    (i) Initial costs, by phases if development is staged, for the 
proposed onshore project, including dredging, ship terminal, and 
attendant facilities;
    (ii) Estimated annual operating expenses, by phases if development 
is staged, including labor, for 30 years for all elements of the 
project;
    (iii) Estimated completion time for all elements of the project;
    (iv) Estimated vessel traffic volume, and the volume and variety of 
the tonnage;
    (v) Potential traffic congestion conditions in the port, and the 
port's ability to control vessel traffic as a result of the proposed 
dredging project;
    (vi) Estimated economic benefits of the project, including:
    (A) Economic contribution to the local and regional area;
    (B) Induced industrial development;
    (C) Increased employment; and
    (D) Increases in tax revenues;
    (vii) Environmental and social impacts of the project on the local 
and regional community; and
    (viii) An estimate of the economic impact that the deepwater port 
license will have on the proposed project.
    (d) 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-P) 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) Explain 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-P) will send a 
copy of the State's request to the Administrator of the National 
Oceanic and Atmospheric Administration (NOAA) and ask for the 
Administrator's recommendations within an amount of time that will 
allow the Commandant (G-P) and the MARAD Administrator 45 days from 
receipt of the request to determine the matter.
    (d) If after receiving NOAA's recommendations the Commandant (G-P), 
in concurrence with MARAD Administrator, determines that the State 
should be considered an adjacent coastal State, the Commandant (G-P), 
in concurrence with the MARAD Administrator, will so designate it. If 
the Commandant (G-P), in concurrence with the MARAD Administrator, 
denies the request, he or she will notify the requesting State's 
Governor of the denial.


Sec.  148.221  How do I claim, or object to a claim, that required 
information is privileged?

    (a) Any person may claim that specific information required 
pursuant to this part should be withheld because it is privileged, and 
any person can object to that claim.
    (b) Requests or objections must be submitted to the Commandant (G-
P) in writing, with sufficient specificity to identify the information 
at issue, and to show why it should or should not be considered 
privileged.
    (c) The Commandant (G-P) determines whether to grant or deny a 
claim of privilege.
    (d) Submission of a claim stays any deadline for providing the 
information at issue, unless the claim is made pursuant to the 
protection for confidential information that is provided by 33 U.S.C. 
1513(b), in which case deadlines are not stayed. The Commandant (G-P) 
may also determine that the information at issue is so material that 
processing of the application must be suspended pending the 
determination of the claim.

Public Hearings or Meetings


Sec.  148.222  When must public hearings or meetings be held?

    (a) Before a license is issued, at least one public license hearing 
under 33 U.S.C. 1504(g) must be held in each adjacent coastal State. 
Other Federal statutes and regulations may impose additional 
requirements for public hearings or meetings, and if not otherwise 
prohibited, a hearing under this paragraph may be consolidated

[[Page 57661]]

with any such additional hearing or meeting.
    (b) The Commandant (G-P) or the MARAD Administrator will publish a 
notice of public hearings or meetings in the Federal Register, and will 
mail or deliver a copy of the notice to the applicant, to each adjacent 
coastal State, and to all who request a copy.
    (c) Anyone may attend a public hearing or meeting and provide 
relevant oral or written information. The presiding officer may limit 
the time for providing oral information.


Sec.  148.227  How is a public hearing or meeting reported?

    (a) After completion of a public hearing or meeting, the presiding 
officer forwards a report on the hearing or meeting to the Commandant 
(G-P) for docketing.
    (b) The report must contain at least:
    (1) An overview of the factual issues addressed;
    (2) A transcript or recording of the hearing or meeting; and
    (3) A copy of all material submitted to the presiding officer.
    (c) During the hearing or meeting, 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 Sec.  148.222 of this part are 
concluded, the Commandant (G-PSO), in coordination with the MARAD 
Administrator, will consider 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-PSO), in coordination with the MARAD 
Administrator, 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-PSO) files a request for assignment of an 
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief 
ALJ 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 MARAD 
Administrator in deciding whether to approve or deny a license.


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

    (a) The Commandant (G-P) 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 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-P) determines the rules for each formal 
hearing. Unless otherwise specified in this part, the Commandant (G-P) 
applies the rules of practice, procedure, and evidence in part 20 of 
this chapter.
    (b) The Commandant (G-P) 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 
(ALJ)'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-P) or immediately after the ALJ issues a 
notice of withdrawal from the proceeding.


Sec.  148.236  What authority does an Administrative Law Judge (ALJ) 
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-P);
    (k) Proceed with a scheduled session of the hearing in the absence 
of a party who failed to appear;
    (l) Extend or shorten a non-statutorily imposed deadline under this 
subpart 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 Deepwater 
Ports Act; and
    (n) Take any other action authorized by or consistent with this 
subpart, the Deepwater Ports 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-P); 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 of 
notice that the formal hearing is issued. The petition must:
    (1) Be addressed to the Administrative Law Judge (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.
    (1) A brief may be submitted with the notice of appeal.
    (2) Parties who wish to file a brief in support of or against the 
notice of appeal may do so within 7 days of filing the notice.
    (f) The Commandant (G-P) 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) A person who is not a party to a formal hearing may present 
evidence at the hearing if he or she sends 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

[[Page 57662]]

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 should I 
file it?

    (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-P).


Sec.  148.252  What is the procedure for serving a subpoena?

    (a) A party may submit a request for a subpoena to the 
Administrative Law Judge (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 
and 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 giving testimony, a statement commanding the 
person to whom the subpoena is directed to attend the formal hearing 
and give testimony;
    (5) For a subpoena producing 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 so a witness may receive fees and mileage reimbursement.
    (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-P) reviews this decision.


Sec.  148.254  How is a hearing transcript prepared?

    (a) Under the supervision of the Administrative Law Judge (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.
    (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 Administrative 
Law Judge (ALJ) prepares a recommended finding on the issues that were 
the subject of the hearing. The ALJ submits that finding to the 
Commandant (G-P).

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, in 
concurrence with MARAD, can 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 publishing the notice of receipt of a 
deepwater port license application.
    (c) MARAD issues a record of decision (ROD) approving or denying a 
license application within 90 days after the final public hearing. 
Actual issuance of a license may not take place until certain 
conditions imposed by the ROD have been met. Those conditions may 
include how the applicant must address design, construction, 
installation, testing, operations, and decommissioning of the port, or 
meet the requirements of other agencies.


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-P) 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 National Environmental Policy Act process. 
Both the Commandant (G-P) 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.

[[Page 57663]]

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

    (a) When more than one application is submitted for a deepwater 
port in 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 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-P) 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-P) 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 any conditions of its own or of another agency that 
may be described by MARAD in the license. 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-P) and the MARAD 
Administrator on developing the proposed conditions of a license?

    Federal agencies, the adjacent coastal States, and the owner of the 
deepwater port may consult with the Commandant (G-P) and the MARAD 
Administrator 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 subject to the 
following:
    (a) If it is suspended or revoked by MARAD;
    (b) If it is surrendered by the owner; or
    (c) As otherwise provided by condition of the license.


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-P) or the MARAD Administrator.


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).


Sec.  148.325  How soon after port decommissioning must the licensee 
initiate removal?

    Within 2 years of port decommissioning, the licensee must initiate 
removal procedures. The Commandant (G-P) will advise and coordinate 
with appropriate Federal agencies and the States concerning activities 
covered by this section.

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 OCS; 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 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-
P) 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-P) at least 30 days before 
the beginning of the evaluation or testing. The Commandant (G-P) 
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 historical 
and archeological significance of the area where the proposed 
activities are to take place. The report must include contacts made 
with any appropriate State liaison officers for historic preservation; 
and
    (8) Additional information, if necessary, in individual cases.
    (c) For the following activities, the notice only needs the 
information required in paragraphs (b)(1), (b)(2), and

[[Page 57664]]

(b)(5) of this section, as well as a general indication of the proposed 
location and purpose of the activities, including:
    (1) Gravity and magneto-metric measurements;
    (2) Bottom and sub-bottom acoustic profiling, within specified 
limits, without the use of explosives;
    (3) Sediment sampling of a limited nature using either core or grab 
samplers, and the specified diameter and depth to which the sampling 
would penetrate 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 person may conduct site evaluation and pre-construction 
testing unless it complies with this subpart and other applicable laws.
    (b) Measures must be taken to prevent or minimize the effect of 
activities under Sec.  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-P):
    (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 OCS;
    (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-
P) 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 when 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-P) on 
a case-by-case basis.


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

    (a) The Commandant (G-P) 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 to harm:
    (1) Human life;
    (2) Biota;
    (3) Property;
    (4) Cultural resources;
    (5) Any valuable mineral deposits; or
    (6) The environment.
    (b) The Commandant (G-P) will consult with the applicant on 
measures to remove the cause for suspension.
    (c) The Commandant (G-P) may lift a suspension after the applicant 
assures the Commandant (G-P) 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. The Commandant (G-P) 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-
P) and the MARAD Administrator.
    (c) The Commandant (G-P) 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-P) 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-P) 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
    (e) The alternative, if any, proposed in the petition would:
    (1) Ensure comparable or greater safety, protection of the 
environment, and quality of deepwater port construction, maintenance, 
and operation; 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 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, particularly for natural gas deepwater ports that 
will store or use oil in much smaller amounts than an oil deepwater 
port.
    (b) Requests to adjust the limit of liability for a deepwater port 
must be submitted to the Commandant (G-P). Adjustments are established 
by a rulemaking with public notice and comment 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?

    (a) Nothing in this subpart supersedes any Federal, tribal, or 
State requirements for the protection of the environment.
    (b) The applicant must prepare and submit applications to each 
respective agency that requires a permit or license to operate the 
port.

[[Page 57665]]

    (c) A list of Federal and State agencies that require certification 
includes, but is not limited to:
    (1) The Environmental Protection Agency, for Clean Air Act and 
Clean Water Act permits;
    (2) The Pipeline and Hazardous Materials Safety Administration, 
Office of Pipeline Safety; and
    (3) The Mineral Management Service (MMS); or
    (4) Both the Office of Pipeline Safety and MMS for pipeline 
approvals, and the appropriate State environmental agency or permitting 
agency.


Sec.  148.702  How were the environmental review criteria developed?

    Under 33 U.S.C. 1505, the Commandant (G-P) must establish 
environmental review criteria for use in evaluating a proposed 
deepwater port. In developing these criteria, the Coast Guard considers 
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 in 40 CFR parts 1500-1508;
    (b) Department of Homeland Security Directive 5100.1, Environmental 
Planning Program; and
    (c) The Coast Guard in Commandant 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) Shoreside 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.  148.707.


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

    (a) 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 shoreside support facilities.
    (b) 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:
    (1) The effect on the environment, including but not limited to:
    (i) Impacts on endangered species;
    (ii) Essential fish habitat;
    (iii) Marine sanctuaries;
    (iv) Archaeological, cultural and historic sites;
    (v) Water and air;
    (vi) Coastal zone management;
    (vii) Coastal barrier resources; and
    (viii) Wetlands and flood plains.
    (2) The effect on oceanographic currents and wave patterns;
    (3) 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
    (4) 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-P) periodically reviews and may revise these 
criteria. Reviews and revisions are conducted in accordance with Sec.  
148.700 of this subpart. The criteria established are consistent with 
the National Environmental Policy Act.


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 that will be 
in the national interest and consistent with national security and 
other national policy goals and objectives, including energy 
sufficiency, environmental quality, 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 impacts on the 
marine environment (33 U.S.C. 1503(c)(3), 1504(f) and 1505(a)(1)).
    (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 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 for oil 
clearly best serves the national interest.
    (c) In accordance with 40 CFR 1502.9, the Commandant (G-P) will 
prepare a supplement to a final environmental impact statement if there 
is significant new information or circumstances relevant to 
environmental concerns and bearing on the deepwater port and related 
activities affecting its location site, construction, operation or 
decommissioning.


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 mitigate 
probable adverse environmental impacts through avoiding, minimizing, 
rectifying, reducing, eliminating, or compensating for those impacts; 
and

[[Page 57666]]

    (b) An evaluation of the effort made under the proposal to mitigate 
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, its components, and 
critical habitats including commercial and sport fisheries, threatened 
or endangered species habitats, wetlands, flood plains, coastal 
resources, marine management areas, and essential fish habitats;
    (l) Minimizes the displacement of existing or potential mining, 
oil, or gas exploration and 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 Sec.  148.730.


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

    In accordance with Sec.  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 for any designated adjacent coastal State;
    (b) Adhere to proposed local and State master plans;
    (c) Minimize the need for special exceptions, zoning variances, or 
non-conforming uses;
    (d) Plan flood plain 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 flood plain 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?

    In constructing and operating a deepwater port, the port must 
comply with all applicable Federal, State, and tribal environmental 
statutes. For the purposes of information, a list of Federal 
environmental statutes and Executive Orders (E.O.s) that may apply 
includes but is not limited to: Abandoned 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

[[Page 57667]]

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.; Flood Plain 
Management and Protection, E.O. 11988, 42 FR 26951; Greening the 
Government Through Leadership in Environmental Management, E.O. 13148, 
65 FR 24595; 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. 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; 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.

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?
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?
149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring life buoys?
149.321 How many ring life buoys must be on each deepwater port?
149.322 Where must ring life buoys be located 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 anti-
exposure (deck) suits?
149.328 How must work vests and anti-exposure (deck) suits be 
stowed?
149.329 How must work vests and deck suits be marked?
149.330 When may a work vest or deck suit be substituted 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?

[[Page 57668]]

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 an unmanned 
deepwater port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring life buoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for 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 firefighting and fire protection equipment must be 
approved by the Coast Guard?
149.403 How may I request the use of alternate firefighting and fire 
prevention equipment or procedures?

Firefighting Requirements

149.404 Can I use firefighting equipment that has no Coast Guard 
standards?
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 fire 
extinguishers?
149.409 How many fire extinguishers are needed?
149.410 Where must portable and semi-portable fire extinguishers be 
located?
149.411 What are the requirements for firemen's outfits?
149.412 How many fire axes are needed?
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 system on a manned 
deepwater port?
149.416 What are the requirements for a dry chemical fire 
suppression system?
149.417 What firefighting equipment must a helicopter landing deck 
on a manned deepwater port have?
149.418 What fire-protection system must a helicopter fueling 
facility have?
149.419 Can the water supply for the helicopter deck fire protection 
system be part of a fire water system?
149.420 What are the fire protection requirements for escape routes?
149.421 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 How do I get permission to establish an aid to navigation?

Lights

149.520 What kind of lights are required?

Lights on Platforms

149.535 What are the requirements for rotating beacons on platforms?

Lights on Single Point Moorings

149.540 What are the requirements for obstruction lights on an 
single point mooring?

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 
lights on buoys used to define traffic lanes?

Miscellaneous

149.570 How is a platform, single point mooring, or submerged turret 
loading identified?
149.575 How must objects protruding from the water, other than 
platforms and single point moorings, 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-P) 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 fire protection systems?
149.641 What are the structural fire protection requirements for 
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 a medical treatment room be used for other purposes?

Miscellaneous

149.690 What are the requirements for means of escape, personnel 
landings, guardrails, 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?

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 and may be used for one or more 
facilities.
    Major conversion means a conversion, as determined by the 
Commandant (G-P), that substantially changes the dimensions of a 
facility, substantially

[[Page 57669]]

changes the water depth capability of a fixed facility, substantially 
changes the carrying capacity of a floating facility, substantially 
changes the processing equipment, 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, a pantry containing 
cooking appliances, a storeroom, or a 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-P) and the 
Marine Safety Center. 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 the Commandant 
(G-P) 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 Officer in Charge of Marine Inspection (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 from the Commandant (G-P) for the conditions outlined 
in paragraph (a) and approval by the cognizant OCMI as required in 
paragraph (b) of this section.
    (e) The Commandant (G-P), 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, part 154, of this 
chapter, and be approved by the cognizant Captain of the Port.
    (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 on board 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 a single 
point mooring buoy system must have a manual shutoff valve.


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 Sec.  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 regasification, used. The Commandant (G-P) 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 Sec.  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, must 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 system for continuous two-way voice communication among the 
deepwater port, the tankers, the support vessels, and other vessels 
operating at the port. The system must be usable and effective in all 
phases of a transfer and in all conditions of weather at the port;
    (2) A means to indicate the need to use the communication system 
required by 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

[[Page 57670]]

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 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, 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 Sec.  149.306 of this 
subpart; or
    (2) A liferaft meeting the requirements of Sec.  149.308 of this 
subpart.
    (b) Each rescue boat on a manned deepwater port must be a rescue 
boat meeting the requirements of Sec.  149.314 of this subpart.


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 of 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 on board:
    (i) One or more lifeboats with a total capacity of 100 percent of 
the personnel on board;
    (ii) One or more liferafts with a total capacity of 100 percent of 
the personnel on board; and
    (iii) One rescue boat, except that the rescue boat is not required 
for deepwater ports with eight or fewer persons on board.
    (2) For a deepwater port with 31 or more persons on board:
    (i) At least two lifeboats with a total capacity of 100 percent of 
the personnel on board;
    (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 a total capacity of 100 percent of the personnel 
on board; 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 of this 
subpart for additional survival craft requirements when temporary 
personnel are on board.
    (5) The required lifeboats may be used as rescue boats if the 
lifeboats also meet the requirements for rescue boats in Sec.  149.314 
of 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 the Commandant (G-P). 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 on board a manned deepwater port 
and the complement exceeds the capacity of the survival craft required 
under Sec.  149.304 of this subpart, the port must have additional 
liferafts to ensure that the total capacity of the survival craft is 
not less than 150 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, fire-protected, and approved under approval 
series 160.135; and
    (2) If the hull or canopy is of aluminum, it must be protected in 
its stowage position by a water spray system meeting the requirements 
of 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 Sec.  150.502(a) of this chapter, must be 
in the lifeboat or on the deepwater port.


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

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


Sec.  149.308  What are the requirements for liferafts?

    (a) Each liferaft must be an inflatable liferaft approved under 
approval series 160.151, or a rigid liferaft approved under approval 
series 160.118.
    (b) Except as under Sec.  149.305(b) of this subpart, each 
inflatable or rigid liferaft, boarded from a deck that is more than 4.5 
meters (14.75 feet) above the water, must be davit-launched or served 
by a marine evacuation system complying with Sec.  149.309 to this 
subpart.


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

    All marine evacuation systems must be approved under approval 
series 160.175 and comply with the launching arrangement requirements 
for mobile offshore drilling units 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.

[[Page 57671]]

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 liferaft capable of being launched by a davit must have 
the following launching equipment at each launching station:
    (1) A launching device approved under approval series 160.163; and
    (2) A mechanical disengaging apparatus approved under approval 
series 160.170.
    (c) The launching equipment must be operable, both from within 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 Sec.  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) Are located so that survival craft with an aggregate capacity 
to accommodate 100% of the total number of persons authorized to be 
berthed are readily accessible from 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 160.156. A 
lifeboat is acceptable as a rescue boat if it also meets the 
requirements for a rescue boat under approval series 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, then the rescue boat must comply with the muster and embarkation 
arrangement requirements of Sec.  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 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 its 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 160.002, 
160.005, 160.055, 160.077, or 160.176.
    (b) Each lifejacket must have a light approved under approval 
series 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 by a 
cord.
    (d) Each lifejacket must be fitted with Type I retroreflective 
material, approved under approval series 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 word ``LIFEJACKETS'' in block letters, and 
the quantity, identity, and size of the lifejackets stowed inside the 
container or at the location.


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

    The operator must provide a lifejacket that complies with Sec.  
149.316 of 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 Sec.  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 life buoys?

    (a) Ring life buoys must be approved under approval series 160.050 
or 160.150, for SOLAS-approved equipment.
    (b) Each ring life buoy must have a floating electric water light 
approved under approval series 161.010. The operator must ensure that 
the light to the ring life buoy is attached by a lanyard of 12-thread 
manila, or a 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 life buoy so that, when the ring life buoy is 
cast loose, the light will be pulled free of the bracket.
    (c) To each ring life buoy, 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 life buoy must be marked with Type II retroreflective 
material, approved under approval series 164.018.


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

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


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

    (a) The operator must locate one ring life buoy on each side of the 
port and one near each external stairway leading to the water. One buoy 
per side may be used to satisfy both these requirements.
    (b) Each ring life buoy must be stowed on or in a rack that is 
readily accessible

[[Page 57672]]

in an emergency. The ring life buoy 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, such as the 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 either the Department of Health and Human Services 
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 or other 
suitable litter, capable of safely hoisting 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 
108.580.


Sec.  149.327  What are the approval requirements for work vests and 
anti-exposure (deck) 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 160.053 as a work vest;
    (b) Approval series 160.053 or 160.153 as an anti-exposure suit; or
    (c) Approval series 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 fitted with Type I 
retroreflective material, approved under approval series 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 the requirements of 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 on the deepwater port or 
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 that the use and stowage of all 
commercial hybrid personal flotation devices (PFDs) used as work vests 
comply with the procedures required for them in 46 CFR 160.077-29, and 
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 160.176.
    (b) All inflatable lifejackets on a deepwater port must:
    (1) Be used and stowed according to the procedures contained in the 
manual required for them under 46 CFR 160.176-21;
    (2) Be marked with all limitations, if any; and
    (3) Be of the same or similar design and 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 it is placed, and 
the number of persons permitted on the craft. Each paddle or oar for 
these crafts must also 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, marked to meet 46 CFR 160.151-57(m).
    (c) Each lifejacket and ring life buoy must be conspicuously marked 
with the name, number, or other inscription identifying the deepwater 
port on which it is placed. The letters and numbers must be at least 
1.5 inches (38 mm) high on a contrasting background. Lifejackets and 
ring life buoys 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 that deepwater port.


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

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


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 Sec.  
149.316 of 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 of 
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 life buoys?

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

[[Page 57673]]

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 
mobile offshore drilling units under 46 CFR 108.580, and immersion 
suits must be approved under approval series 160.171. Except as under 
paragraph (b) of this section, the immersion suits need be on the 
deepwater port only when persons are on board.
    (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 previously approved 
lifesaving equipment on a deepwater port?

    Lifesaving equipment such as lifeboats, liferafts, and PFDs on a 
deepwater port on January 1, 2004, need not meet the requirements of 
this subpart until the equipment needs replacing, provided it is 
periodically tested and maintained and 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-P).

Subpart D--Firefighting and Fire Protection Equipment


Sec.  149.400  What does this subpart apply to?

    This subpart applies to all deepwater ports except unmanned ports 
consisting of a submerged turret loading 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 firefighting and fire protection equipment must be 
approved by the Coast Guard?

    Except as permitted under Sec.  149.403, Sec.  149.415(c) or (d), 
Sec.  149.419(a)(1), or Sec.  149.420, all required firefighting and 
fire protection equipment on a deepwater port must be approved by the 
Commandant (G-PSE). Firefighting and fire protection equipment that 
supplements required equipment must also be approved by the Commandant 
(G-PSE), unless approval by the Officer in Charge of Marine Inspection 
(OCMI) is requested and granted pursuant to Sec.  149.403 of this 
subpart.


Sec.  149.403  How may I request the use of alternate or supplemental 
firefighting and fire prevention equipment or procedures?

    (a) The operator may request the use of alternate or supplemental 
equipment or procedures than those required in this subchapter.
    (b) Upon request, the OCMI may allow the use of alternate equipment 
or procedures if the alternatives 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 the 
Commandant (G-PSE) must approve the use of the alternate equipment or 
procedure.

Firefighting Requirements


Sec.  149.404  Can I use firefighting equipment that has no Coast Guard 
standards?

    A deepwater port may use firefighting equipment for which there is 
no Coast Guard standard as supplemental equipment, pursuant to Sec.  
149.403, if the equipment does not endanger the port or the persons 
aboard it in any way. This equipment must be listed and labeled by a 
nationally recognized testing laboratory, as that term is defined in 29 
CFR 1910.7, 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 
a combination letter-and-number symbol in which 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 of ordinary combustible materials where the 
quenching and cooling effects of water, or solutions containing large 
percentages of water, are of primary importance;
    (2) ``B'' for fires of 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 primary 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 that 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
                   Classification type-size                      Foam liters       kilograms        kilograms
                                                                  (gallons)         (pounds)         (pounds)
----------------------------------------------------------------------------------------------------------------
A-II.........................................................        9.5 (2.5)  ...............     \1\ 2.25 (5)
B-II.........................................................        9.5 (2.5)         6.7 (15)         4.5 (10)
C-II.........................................................  ...............         6.7 (15)         4.5 (10)
B-IV.........................................................         7.6 (20)        22.5 (50)        13.5 (30)
B-V..........................................................        15.2 (40)     \2\ 45 (100)   \2\ 22.5 (50)
----------------------------------------------------------------------------------------------------------------
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.


[[Page 57674]]

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) The fire extinguishers required by Sec.  149.409 of this 
subpart must be on all manned deepwater ports at all times.
    (b) The fire extinguishers required by Sec.  149.409 of this part 
need be on unmanned deepwater ports 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 fire 
extinguishers?

    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 and
            Space                Classification           location
------------------------------------------------------------------------
(a) Safety Areas:
    (1) Communicating         A-II................  One in each main
     corridors.                                      corridor or
                                                     stairway not more
                                                     than 150 feet
                                                     apart.
    (2) Radio room..........  C-II................  One outside or near
                                                     each radio room
                                                     exit.
(b) Accommodation Spaces:
    (1) Sleeping quarters...  A-II................  One in each sleeping
                                                     space that fits
                                                     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 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   B-II................  One for each
     or gas turbine engines.                         engine.\2\
    (6) Open electric motors  C-II................  One for each of two
     and generators.                                 motors or
                                                     generators.\3\
(e) Helicopter Areas:
    (1) Helicopter landing    B-V.................  One at each access
     decks.                                          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
  46 CFR 108.489.

Sec.  149.410  Where must portable and semi-portable fire extinguishers 
be located?

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


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

    (a) Each manned deepwater port with nine or more persons must have 
at least two firemen'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 firemen'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. No more than one 
outfit shall be stowed in the same container or locker. The two 
containers or lockers must be located in separate areas to ensure that 
at least one is available at all times in the event of a fire; and
    (3) Firemen'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 as 
required by 46 CFR 108.499.


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 with a carrying capacity of more than 200 cubic 
feet, and similar spaces containing flammable liquids.
    (b) Galley ranges or deep fat fryers.
    (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 on a manned or unmanned deepwater port 
for processing, storing, transferring, or regasifying liquefied natural 
gas, must have an automatic fire detection and alarm system that:
    (1) Either complies with 46 CFR 108.405 or
    (2) Is 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

[[Page 57675]]

alarms and that may or may not be connected to the central alarm panel.
    (c) Each fire detection and fire alarm system must have both 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 and 33 CFR 127.607 
if it is a natural gas deepwater port; 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.
    (c) The hose system must be capable of reaching all parts of these 
spaces without difficulty.
    (d) Under paragraph (a)(2) of this section, the fire main system 
may be part of a fire water 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 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 of this 
chapter.


Sec.  149.417  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 to the 
landing deck. If the landing deck has more than two stairways, only two 
stairways 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.  149.418  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.  149.419  Can the water supply for the helicopter deck fire 
protection system be part of a fire water system?

    (a) The water supply for the helicopter deck fire protection system 
required under Sec.  149.420 or Sec.  149.421 may be part of:
    (1) The fire water system, installed in accordance with Mineral 
Management Service 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.


Sec.  149.420  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. Separation of the escape route from the cargo area by steel 
construction, in accordance with 46 CFR 108.133, or equivalent 
protection is considered adequate protection for personnel escaping 
from fires and explosions. Additional requirements for escape routes 
are in subpart F of this part.


Sec.  149.421  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 navigation aids 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 Sec.  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, navigation aids 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  How do I get permission to establish an aid to 
navigation?

    (a) To establish a navigation aid on a deepwater port, the licensee 
must submit an application under Sec.  66.01-5 of this chapter, except 
that the application must be sent to the Commandant (G-P).
    (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 navigation aids 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 kind of lights are required?

    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 lit rotating 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 of 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 <plus-minus>0.25 [deg] or better; 
and
    (f) Be located:
    (1) At least 60 feet (about 18.3 meters) above mean high water;

[[Page 57676]]

    (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


Sec.  149.540  What are the requirements for obstruction lights on a 
single point mooring?

    (a) The lights for a single point mooring must meet the 
requirements for obstruction lights in part 67 of this chapter, except 
that the lights must be located at least 10 feet (3 meters) 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 (1.5 meters) clearance beneath the net under keel 
clearance at the mean low water condition for all vessels 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 must 
display the following lights at night and during periods of restricted 
visibility:
    (a) One row of yellow lights that must be:
    (1) Flashing 50 to 70 times per minute;
    (2) Visible all around the horizon;
    (3) Visible for at least 2 miles (3.7 km) on a clear, dark night;
    (4) Not less than 1 or more than 3.5 meters (3 to 11.5 feet) above 
the water;
    (5) Approximately equally spaced;
    (6) Not more than 10 meters (32.8 feet) apart where the hose string 
crosses a navigable channel; and
    (7) Where the hose string does not cross a navigable channel, there 
must be a sufficient 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 (3.7 km) on a clear, dark night; 
and
    (3) One meter (3 feet) 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 Sec.  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 buoy's light color that defines the lateral boundaries of a 
traffic lane must comply with the buoy color schemes 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.

Miscellaneous


Sec.  149.570  How is a platform, single point mooring, or submerged 
turret loading identified?

    (a) Each platform, single point mooring, or submerged turret 
loading (STL) that protrudes above the water or is 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) From aircraft on approach to the structure if the structure is 
equipped with a helicopter pad.
    (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 an 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 single point moorings, be marked?

    (a) Each object protruding from the water that is within 100 yards 
of a platform or single point mooring (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 (RACON) must be located on the tallest platform 
of a pumping platform complex or other fixed structure of the deepwater 
port.
    (b) The RACON must be an FCC-accepted RACON or a similar type.
    (c) The RACON must transmit:
    (1) In both 2900-3100 MHz and 9300-9500 MHz frequency bands; or
    (2) If installed before July 8, 1991, in the 9320-9500 MHz 
frequency band; and
    (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-element or more 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:

[[Page 57677]]



------------------------------------------------------------------------
                                          The District Commander must be
                 When--                             notified--
------------------------------------------------------------------------
(a) Construction of a pipeline,          At least 30 days before
 platform, or single point mooring        construction begins.
 (SPM) is planned.
(b) Construction of a pipeline,          Within 24 hours, from the date
 platform, or SPM begins.                 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 change.
 during construction.
(d) Lights or sound signals used during  Within 24 hours of replacement.
 construction of a platform, buoy, or
 SPM 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-P) or accepted Certifying 
Entity (CE) at least 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.
    (c) Each drawing must identify the baseline design standard used as 
the basis for design.


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

    (a) The Commandant (G-P) may concurrently review and evaluate 
construction drawings and specifications with the Marine Safety Center 
and other Federal agencies having technical expertise, such as the 
Pipeline and Hazardous Materials Safety Administration and the Federal 
Energy Regulatory Commission, 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-P).
    (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-P).


Sec.  149.625  What are the design standards?

    (a) Each component, except for those specifically addressed 
elsewhere in this subpart (for example, single point moorings, hoses, 
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 meet a recognized industry standard and 
be appropriate for the protection of human life from death or serious 
injury, both on the port and on vessels calling on or servicing the 
port, and for the protection of the environment.
    (b) The applicant or licensee will be required to submit to the 
Commandant (G-P) a design basis for approval containing all proposed 
standards to be used in the fabrication and construction of port 
components.
    (c) 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 fire protection systems?

    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.


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

    (a) Accommodation 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 46 CFR 108.131 
through 108.147, 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 hydrocarbon source (e.g., LNG flanges, send out 
line, etc.); and
    (2) The ventilation system has both 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 single point mooring and its attached hose must be designed 
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 any recognized classification society as defined in 
46 CFR 8.100.

[[Page 57678]]

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 including power source, associated transforming equipment, 
and switchboard to provide power to simultaneously operate 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) The equipment required by paragraph (a) of this section must:
    (1) All be located in the same space; and
    (2) Contain only machinery and equipment for the supply of 
emergency power (in other words, no oil or natural gas transfer pumping 
equipment) in accordance with 46 CFR 112.05.

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:
    (a) Is capable of being manually activated by using 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 described under Sec.  149.665 for 
signaling the general alarm.

Public Address System


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

    (a) For a manned deepwater port, each pumping platform complex must 
have a public address system operable from two locations on the 
complex.
    (b) For an unmanned deepwater port, the vessel master must provide 
a working public address system on a vessel while it is moored or 
otherwise connected to the port.

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, 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 both primary and secondary means 
of escape. Each of these means must either:
    (1) Comply with 46 CFR 108.151; or
    (2) Be designed and installed in compliance with a national 
consensus standard, as that term is defined in 29 CFR 1910.2, 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 either:
    (1) A fixed stairway or a fixed ladder, constructed of steel; or
    (2) A marine evacuation system, a portable flexible ladder, a 
knotted manrope, or a similar device determined by the Officer in 
Charge of Marine Inspection (OCMI) to provide an equivalent or better 
means of escape.


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) When the floor area of any of the following spaces contains 300 
square feet or more, the space must have at least two exits as widely 
separated from each other 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) On a manned deepwater port, each structural appendage that is 
not occupied continuously, and that does not contain living quarters, 
workshops, offices, or other manned spaces must have at least one 
primary means of escape. The OCMI may also determine that one or more 
secondary means of escape is required.
    (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 in any work space that 
may be temporarily occupied by 10 persons or more.
    (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 1 foot candle of

[[Page 57679]]

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 Sec.  143.110 of this chapter.
    (b) This section does not apply to catwalks, floors, deck areas, or 
openings in areas not normally occupied by personnel or 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), based on the measurement criteria in paragraph (b) of this 
section, 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 exceeds 85 db(A) only in a portion of a 
space, then the sign described in paragraph (c) of this section must be 
posted within that portion where 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

150.100 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 port personnel are qualified?
150.205 What are the language requirements for port personnel?
150.210 What are the restrictions on serving in more than one 
position?
150.225 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?
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 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 Captain of the Port order suspension of cargo 
transfers?
150.445 When is oil in a Single Point Mooring-Oil Transfer System 
displaced with water?

Subpart F--Emergency and Specialty 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 the operator service and examine lifeboat and 
rescue boat launching appliances?
150.505 When must the operator 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 tested emergency equipment be operated?

[[Page 57680]]

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

Frequency of Tests and Inspections

150.512 What occurs during the weekly tests and inspections?
150.513 What occurs during 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 and 
immersion suits?

Emergency Lighting and Power Systems

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

Fire Extinguishing Equipment

150.520 When must fire extinguishing 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 safety and health requirements for the 
workplace 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 
Officer in Charge of Marine Inspection do?

General Workplace Conditions

150.607 What are the general safe working requirements?

Personal Protective Equipment

150.608 Who is responsible for ensuring that the 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?
150.810 Reporting a problem with an aid to navigation.
150.812 What is the purpose of reporting casualties on deepwater 
ports?
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?
150.915 How are safety zones, no anchoring areas, and areas to be 
avoided established and modified?
150.920 How can I find notice of new or proposed safety zones?
150.925 How long may a safety zone, no anchoring area, or area to be 
avoided remain in place?
150.930 What datum is used for the geographic coordinates in this 
subpart?
150.940 Safety zones for specific deepwater ports.

    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).

[[Page 57681]]

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-P), who may consult with the local Officer in Charge of 
Marine Inspection (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 the Commandant (G-P) 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 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 and notices between the deepwater port and 
arriving and departing vessels; and
    (3) Mandatory time intervals or communication schedules for 
maintaining a live radio watch, and monitoring frequencies for 
communication with vessels and aircraft.
    (e) Facility plan. A layout plan for the mooring areas, navigation 
aids, 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 tanker 
navigation, 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, length, and breadth of the tanker that will be 
accommodated at each designated mooring.
    (2) The speed limits proposed for tankers in the safety zone and 
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, 
navigating, and transiting the safety zone and 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 single point 
mooring (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 
how to forecast 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 deep water port 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 watchstanding requirements for vessel transiting, 
mooring, or anchoring.
    (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 and have the appropriate 
experience and training to satisfactorily perform their duties. The 
Commandant (G-P) will review and approve the qualifications for all 
proposed supervisory positions.
    (l) Cargo transfer procedures. The procedures for cargo transfer 
must comply with the applicable requirements of parts 154 and 156 for 
oil, and subpart B (Operations) 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 such as hoses, 
connectors, closure devices, monitoring devices, and containment;
    (iii) Connecting and disconnecting transfer equipment, including a 
floating hose string for a single point mooring (SPM);
    (iv) Preparation of the Declaration of Inspection; and
    (v) Supervision by a person in charge.
    (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 such as 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;

[[Page 57682]]

    (iv) Line purging to test for leaks and to prepare for cool-down or 
heat-up phases as appropriate;
    (v) Preparation of the Declaration of Inspection; and
    (vi) Supervision by a port person in charge.
    (3) The shipping name of, and Material Safety Data Sheet on, any 
product transferred.
    (4) The duties, title, qualifications, and training of personnel of 
the port designated as the person in charge 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 on board the vessel 
during transfer operations, such as personnel necessary for checking 
mooring gear, monitoring communications, and maintaining propulsion and 
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) A description of the method used to water and de-water the 
single point mooring 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; for example, cool-down requirements for transfer 
system components prior to transfer of liquefied natural gas.
    (n) Maintenance procedures. A maintenance program to document 
service and repair of key equipment such as:
    (1) Cargo transfer equipment;
    (2) Firefighting and fire protection equipment;
    (3) Facility support services, such as generators, evaporators, 
etc.;
    (4) Safety equipment; and
    (5) Cranes.
    (o) A waste management plan comparable to Sec.  151.57.
    (p) 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, such as 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;
    (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 to be 
documented for each port employee and for visitors, where appropriate; 
for example, safety orientation training.
    (q) Emergency notification procedures. Emergency internal and 
external notification procedures:
    (1) Names and numbers of key port personnel;
    (2) Names and numbers of law enforcement and response agencies;
    (3) Names and numbers of persons in charge of any OCS facility 
that, due to close proximity, could be affected by an incident at the 
deepwater port.
    (r) Quantity, type, location, and use of safety and fire protection 
equipment, including the fire plan.
    (s) Aerial operations such as helicopter landing pad procedures.
    (t) Port response procedures for:
    (1) Fire;
    (2) Reportable product spill;
    (3) Personnel injury, including confined space rescue; and
    (4) Terrorist activity, as described in the port security plan.
    (u) Emergency evacuation procedures comparable to Sec.  146.140(d) 
of this chapter.
    (v) Designation of and assignment of port personnel to response 
teams for specific contingencies.
    (w) Individual and team training for incident response, in 
accordance with 46 CFR 109.213, to cover:
    (1) Care and use of equipment;
    (2) Emergency drills and response, to include:
    (i) Type;
    (ii) Frequency, which must be at least annually; and
    (iii) Documentation, including records, reports and dissemination 
of ``lessons learned''.
    (3) Documentation of the following 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 basic level as an emergency medical technician; and
    (vi) Identification of at least two employees trained and certified 
as offshore competent persons in prevention of inadvertent entry into 
hazardous confined spaces.
    (x) Security procedures. Deepwater port operators must develop a 
deepwater port security plan comparable to those required by 33 CFR 
part 106. The plan must address at least:
    (1) Access controls for goods and materials and access controls for 
personnel that require positive and verifiable identification;
    (2) Monitoring and alerting of vessels that approach or enter the 
port's security zone;
    (3) Risk identification and procedures for detecting and deterring 
terrorist or subversive activity, such as security lighting and 
remotely-alarmed restricted areas;
    (4) Internal and external notification and response requirements in 
the event of a perceived threat or an attack on the port;
    (5) Designation of the port security officer;
    (6) Required security training and drills for all personnel; and
    (7) The scalability of actions and procedures for the various 
levels of threat.
    (y) Special operations procedures. Include procedures for any 
special operations, such as:
    (1) Evacuation and re-manning;
    (2) Refueling;
    (3) Diving;
    (4) Support vessel operations;
    (5) Providing logistical services; and
    (6) Contingency response for events that could affect nearby 
existing OCS oil and gas facilities, such as explosions, fires, or 
product spills.
    (z) Recordkeeping of maintenance procedures, tests, and emergency 
drills outlined elsewhere in the operations manual.
    (aa) Environmental procedures. A program for maintaining compliance 
with license conditions and applicable environmental laws, by periodic 
monitoring of the environmental effects of the port and its operations, 
including:

[[Page 57683]]

    (1) Air and water monitoring in accordance with applicable Federal 
and State law;
    (2) A routine re-examination, not less than once every five years, 
of the physical, chemical, and biological factors contained in the 
port's environmental impact analysis and baseline study submitted with 
the license application; and
    (3) A risk management plan, addressing the potential for an 
uncontrolled release; or provision for more detailed studies following 
any uncontrolled release or other unusual event that adversely affects 
the environment.


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

    The draft operations manual must be included with the application, 
and the number of copies is governed by Sec.  148.115. At least five 
copies of the final operations manual, and of any subsequent amendment, 
must be submitted to the Commandant (G-P). Additional copies may be 
required to meet the needs of other agencies.


Sec.  150.25  Amending the operations manual.

    (a) Whenever the cognizant Captain of the Port (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-P), 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 to forward to the Commandant (G-P).
    (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 Captain of the Port (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 must respond 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 must include the reasons for disapproval in the notice. If the 
request is for an immediate amendment, the COTP must respond 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 Captain of the Port (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-P) to 
review the decision of the COTP. Petitions must be made in writing and 
presented to the COTP for forwarding to the Commandant (G-P) 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 Captain of the Port (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 Captain of the Port 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 that is approved by the Captain of the Port (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 Officer in Charge of Marine Inspection 
(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 OCMI deems necessary.


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 regularly inspected to determine whether the facility 
is in compliance with the requirements of this subchapter. The 
inspection must be at intervals of no more than 12 months. The 
inspection may be conducted up to 2 months after its due date, but will 
be valid for only the 12 months following that due date.
    (b) The owner or operator must record and submit the results of the 
annual self-inspection to the Captain of the Port (COTP) within 30 days 
of completing the inspection. The report must include a description of 
any failure, and the scope of repairs made to components or equipment, 
in accordance with the requirements in subpart I of this part, other 
than primary lifesaving, firefighting, or transfer equipment,

[[Page 57684]]

which are inspected and repaired in accordance with subpart F.
    (c) Prior to the initiation of a self-inspection plan, and before 
commencement of operations, the owner or operator must submit a 
proposal describing the self-inspection plan to the COTP for 
acceptance. The plan must address all applicable requirements outlined 
in parts 149 and 150 of this subchapter.


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

    The licensee must notify the Captain of the Port, in writing, upon 
receipt of a classification society certification, interim class 
certificate, or single point mooring 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 Regulations for 
Prevention of Collisions at Sea, 1972 (72 COLREGS) described 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 
requirements in subpart C of part 160 of this chapter.
    (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 National Vessel Movement Center (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 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

[[Page 57685]]

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, property, or 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 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 both the areas within a 
safety zone where a vessel may operate and the clearance needed for 
that location.

                      Table 150.380(a).--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
                                                          Areas to be                         Other areas within
                                                        avoided around                          and adjacent to
      Regulated activities           Safety zone        each deepwater      Anchorage areas     the safety zone
                                                        port  component                            (e.g., no
                                                              \1\                               anchoring area)
----------------------------------------------------------------------------------------------------------------
Tankers calling at port........  C                    C                   C                   C
Support vessel movements.......  C                    C                   C                   C
Transit by vessels other than    F                    D                   P                   P
 tankers or support vessels.
Mooring to surface components    N                    N                   N                   N
 (for example an SPM) by
 vessels other than tankers or
 support vessels.
Anchoring by vessels other than  N                    F                   C                   F
 tankers or support vessels.
Fishing, including bottom trawl  N                    D                   P                   N
 (shrimping).
Mobile drilling operations or    N                    R                   N                   N
 erection of structures.\2\
Lightering/transshipment.......  N                    N                   N                   N
----------------------------------------------------------------------------------------------------------------
\1\ Areas to be avoided are in subpart J of this part.
\2\ Not part of Port Installation.
Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the
  person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger
  to the ship or persons on board.
N--Not permitted.
P--Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel
  traffic supervisor.
R--Permitted only if determined that operation does not create unacceptable risk to personnel safety and
  security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area
  to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established
  within 12 nautical miles.

    (b) If the activity is not listed in table 150.380(a) of this 
section, nor otherwise provided for in this subpart, the Captain of the 
Port's permission is required before operating in the safety zone or 
regulated navigation area.


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 person in charge 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 be tested and 
inspected?

    (a) No person may transfer oil or natural gas through a cargo 
transfer system (CTS) at a deepwater port unless it has been inspected 
and tested according to this section.
    (b) The single point mooring (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 an 
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

[[Page 57686]]

years for oil, or 15 months for natural gas; and
    (e) Before resuming cargo transfer operations, each submarine hose 
in an 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 oil or natural gas transfer 
equipment 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's 
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 (PIC) 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, and the 
PIC 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 (PIC) 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 PIC of cargo 
transfer determines that a cargo transfer should be resumed as a safety 
measure;
    (d) When a leak develops so that a sufficient quantity of product 
accumulates in the cargo containment underneath the manifold or piping;
    (e) When there are not enough personnel nor equipment at the port 
dedicated to contain and remove the discharge 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;
    (g) By lighterage, except in bunkering operations, unless otherwise 
authorized by the Captain of the Port;
    (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 Captain of the Port 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 to reconsider 
the order of suspension. The petition must be in writing, unless the 
order of suspension takes effect immediately, in which case the 
petition may be made by any means, but the petition does not delay the 
effective date of the suspension. The decision of the District 
Commander is considered a final agency action.


Sec.  150.445  When is oil in a single point mooring-oil transfer 
system (SPM-OTS) displaced with water?

    (a) The oil in an SPM-OTS must be displaced with water, and the 
valve at the pipeline end manifold must be closed whenever:
    (1) A storm warning forecasts 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 requirement in paragraph (a) of this section is waived if 
port officials can demonstrate to the Officer in Charge of Marine 
Inspection that a satisfactory alternative means of safely securing all 
cargo transfer hoses can be implemented in the event of severe weather 
conditions.

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 on 
board 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 on board, 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 spare parts sources; 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

[[Page 57687]]

procedures recommended by the equipment manufacturer.
    (c) The deepwater port must designate 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 Officer in Charge of Marine Inspection 
(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 according to the 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 of not more than 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 according to the 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 annual self-certification inspection 
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 1-year intervals 
after its initial packing. The operator may delay the servicing for 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 by 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 liferaft according to 
46 CFR subpart 160.151.
    (b) The operator must service each inflatable lifejacket according 
to 46 CFR subpart 160.176.
    (c) The operator must service each hybrid inflatable lifejacket 
according to the owner's manual and the procedures in 46 CFR 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 under this subpart.


Sec.  150.510  How must tested emergency equipment be operated?

    The equipment must be operated under the operating instructions of 
the 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 its release gear is overhauled, or at least once every 5 years.
    (c) The Officer in Charge of Marine Inspection may consider 
alternate operational test procedures to those under paragraph (a) of 
this section.

Frequency of Tests and Inspections


Sec.  150.512  What occurs during 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 occurs during the monthly tests and inspections?

    (a) The operator must inspect each item of lifesaving equipment 
under Sec.  150.502(b) of this subpart monthly, 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.

[[Page 57688]]

    (b) The operator must test, on a monthly basis, 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 
also empty, clean, and refill each fuel tank with fresh fuel;
    (b) Thoroughly inspect and, if needed, repair each davit, winch, 
fall, and other launching device;
    (c) Check all lifesaving equipment and replace any item that is 
marked with an expiration date that has passed;
    (d) Check all lifesaving equipment batteries 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, using 
the procedure outlined in 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, using the procedure outlined in 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 Sec. Sec.  
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 on 
board the deepwater port, or in the operator's principal office in the 
case of an unmanned deepwater port, and make it available to the 
Officer in Charge of Marine Inspection.

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 remain 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 a 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 per 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 every 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 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.

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 deck 
washing, unless it is capable of being isolated and can provide the 
applicable minimum pressures required 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 it is exposed 
to the weather, the fire hose may be removed from the hydrant during 
freezing weather.
    (b) When not in use, a 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 fire 
hose length 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 Captain of the Port'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;

[[Page 57689]]

    (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 
46 CFR part 109, subpart F.

Subpart G--Workplace Safety and Health


Sec.  150.600  What does this subpart do?

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

Safety and Health (General)


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

    (a) Each operator of a deepwater port must ensure that the port 
complies 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(w).
    (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-P) in preparing an SEMP. Five copies of a proposed 
SEMP must be submitted to the Commandant for evaluation. The Commandant 
may consult with the local Officer in Charge of Marine Inspection, 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 Officer in Charge of Marine Inspection 
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 
Officer in Charge of Marine Inspection do?

    After reviewing the information received under Sec.  150.605 of 
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 the personnel use 
or wear protective equipment and are trained in its use?

    (a) Each deepwater port operator must ensure that all personnel 
wear personal protective equipment when within designated work areas.
    (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 burning or cutting acetylene. 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 1910.135.

[[Page 57690]]

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 for 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 
within one year of beginning operations.

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 electrical, 
hydraulic, mechanical, or pneumatic equipment 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 the 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?

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

Slings


Sec.  150.621  What are the requirements for slings?

    The use of slings for handling material 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 specific 
hazards associated with entering the port's confined spaces, 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.

[[Page 57691]]

    (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 
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 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 and 150.617, that should be emphasized when working 
around the material;
    (8) Information and training required for personnel on board the 
deepwater port; and
    (9) A material safety data sheet for the material.
    (c) The information on a material safety data sheet itself may be 
used by the employer as a tool for educating employees about the 
hazards posed by the material, provided the employees acknowledge and 
can demonstrate appropriate precautionary measures to minimize risk to 
health and safety.
    (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, reactive and other special condition 
hazard warnings. The only exception is for portable containers that 
transfer 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 of all navigation aids 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 a 
navigation aid on a deepwater port, must be lit continuously from 
sunset to sunrise.
    (b) During construction, a platform or single point mooring, 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 lit rotating 
beacon must 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 and records that the licensee must 
keep and submit.

Reports


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

    The licensee must submit to the Officer in Charge of Marine 
Inspection a copy of each report submitted to an authorized 
classification society, as defined in 46 CFR 8.100, for maintenance of 
a single point mooring's class under the rules of that society.


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

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


Sec.  150.812  What is the purpose of reporting casualties on deepwater 
ports?

    The Coast Guard, upon receipt of a reported marine casualty on a 
deepwater port, as outlined in

[[Page 57692]]

Sec.  150.815, will conduct an investigation to determine the cause of 
the incident and to take appropriate measures to promote safety of life 
and property. The Coast Guard investigator will follow the procedures 
outlined in 46 CFR subpart 4.07 in conducting the investigation.


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 Sector, Marine Safety Unit, or other Coast 
Guard unit 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 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 of the port's operations or 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, restoring 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.
    (c) The operator will ensure that the report contains the 
information pertinent to OCS operations as outlined in part 140 of this 
chapter when the deepwater port is co-located on a facility regulated 
by the Minerals Management Service.


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 Officer in Charge of Marine 
Inspection (OCMI) within 5 days of the casualty notice. 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. The 
deepwater port operator will ensure compliance with the chemical 
testing procedures outlined in 46 CFR part 16.
    (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.
    (d) The operator will ensure that the written report is provided to 
the nearest regional Minerals Management Service (MMS) office when the 
deepwater port is co-located with an MMS-regulated facility.


Sec.  150.825  Reporting a diving-related casualty.

    Deaths and injuries related to diving 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. Sec.  135.305 and 135.307 of this chapter.


Sec.  150.835  Reporting sabotage or subversive activity.

    The owner, operator, or person in charge of a deepwater port must 
immediately report to the Captain of the Port, 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 (NAAs), 
and areas to be avoided (ATBAs) around deepwater ports.
    (b) Subpart D of this part, concerning vessel navigation and 
activities permitted and prohibited at deepwater ports, applies to 
safety zones, NAAs, ATBAs, 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?

    (a) Safety zones, no anchoring areas (NAAs) and areas to be avoided 
(ATBAs) under this subchapter are established to promote safety of life 
and property, marine environmental protection, and navigational safety 
at deepwater ports and adjacent waters.
    (b) Safety zones are the only federally regulated navigation areas. 
They 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.
    (c) The NAAs and ATBAs are established via the International 
Maritime Organization (IMO). An NAA, specifically established to 
protect vessels in transit and sub-surface deepwater port components, 
will be mandatory. An ATBA will be a recommendatory routing measure.
    (d) The sizes of restricted areas will be the minimum size needed 
to ensure safety, while at the same time considering potential impacts 
on other activities, including recreational boating, fishing, and OCS 
activity.

[[Page 57693]]

Sec.  150.910  What installations, structures, or activities are 
prohibited in a safety zone?

    No installations, structures, or activities that are incompatible 
with or that present an unacceptable risk to safety of the deepwater 
port's operations or activity are allowed in the safety zone 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 are developed and designated during the 
application process for a deepwater port license, and may be 
established or modified through rulemaking. Rulemakings will afford 
prior public notice and comment, except when there is good cause not to 
do so, for example due to an imminent threat to the safety of life and 
property.
    (b) Before a safety zone, no anchoring area (NAA), or area to be 
avoided (ATBA) is established, all factors detrimental to safety are 
considered, including but not limited to:
    (1) The scope and degree of the risk or hazard involved;
    (2) Vessel traffic characteristics and trends, including traffic 
volume, the sizes and types of vessels involved, potential interference 
with the flow of commercial traffic, the presence of any unusual 
cargoes, and other similar factors;
    (3) Port and waterway configurations and variations in local 
conditions of geography, climate and other similar factors;
    (4) The need for granting exemptions for the installation and use 
of equipment or devices for use with vessel traffic services for 
certain classes of small vessels, such as self-propelled fishing 
vessels and recreational vessels;
    (5) The proximity of fishing grounds, oil and gas drilling and 
production operations, or other potential or actual conflicting 
activity;
    (6) Environmental factors;
    (7) Economic impact and effects;
    (8) Existing vessel traffic services; and
    (9) Local practices and customs, including voluntary arrangements 
and agreements within the maritime community.
    (c) The Executive Branch, acting through the Secretary of State and 
Commandant (G-P) proposes NAAs and ATBAs for deepwater ports to the 
International Maritime Organization (IMO) for approval. The ATBAs will 
be implemented after IMO approval is granted and announced in an IMO 
Circular, and after publication of a notice in the Federal Register.


Sec.  150.920  How can I find notice of new or proposed safety zones?

    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 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, or area 
to be avoided remain in place?

    A safety zone, no anchoring area, or area to be avoided may go into 
effect as early as initial delivery of construction equipment and 
materials to the deepwater port site, and may remain in place 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.


Sec.  150.940  Safety zones for specific deepwater ports.

    (a) Louisiana Offshore Oil Port (LOOP):
    (1) The location of the safety zone for LOOP is as described in 
Table 150.940(A):

         Table 150.940(A).--Safety Zone for LOOP, Gulf of Mexico
------------------------------------------------------------------------
                Latitude N                           Longitude W
------------------------------------------------------------------------
(i) Starting at:
    28[deg]55'23''........................  90[deg]00'37''
(ii) A rhumb line to:
    28[deg]53'50''........................  90[deg]04'07''
(iii) Then an arc with a 4,465 meter
 (4,883 yard) radius centered at the
 port's pumping platform complex:
    28[deg]53'06''........................  90[deg]01'30''
(iv) To a point:
    28[deg]51'07''........................  90[deg]03'06''
(v) Then a rhumb line to:
    28[deg]50'09''........................  90[deg]02'24''
(vi) Then a rhumb line to:
    28[deg]49'05''........................  89[deg]55'54''
(vii) Then a rhumb line to:
    28[deg]48'36''........................  89[deg]55'00''
(viii) Then a rhumb line to:
    28[deg]52'04''........................  89[deg]52'42''
(ix) Then a rhumb line to:
    28[deg]53'10''........................  89[deg]53'42''
(x) Then a rhumb line to:
    28[deg]54'52''........................  89[deg]57'00''
(xi) Then a rhumb line to:
    28[deg]54'52''........................  89[deg]59'36''
(xii) Then an arc with a 4,465 meter
 (4,883 yard) radius centered again at the
 port's pumping platform complex;
(xiii) To the point of starting:
    28[deg]55'23''........................  90[deg]00'37''
------------------------------------------------------------------------

    (2) The areas to be avoided within the safety zone are:
    (i) The area encompassed within a circle having a 600 meter radius 
around the port's pumping platform complex and centered at:

[[Page 57694]]



Latitude N                           Longitude W
 
28[deg]53'06''                       90[deg]-1'30''
 

    (ii) The six areas encompassed within a circle having a 500 meter 
radius around each single point mooring (SPM) at the port and centered 
at:

Latitude N                           Longitude W
 
28[deg]54'12''                       90[deg]00'37''
28[deg]53'16''                       89[deg]59'59''
28[deg]52'15''                       90[deg]00'19''
28[deg]51'45''                       90[deg]01'25''
28[deg]52'08''                       90[deg]02'33''
28[deg]53'07''                       90[deg]03'02''
 

    (3) The anchorage area within the safety zone is an area enclosed 
by the rhumb lines joining points at:

Latitude N                           Longitude W
 
28[deg]52'21''                       89[deg]57'47''
28[deg]54'05''                       89[deg]56'38''
28[deg]52'04''                       89[deg]52'42''
28[deg]50'20''                       89[deg]53'51''
28[deg]52'21''                       89[deg]57'47''
 

    (b) The Gulf Gateway Deepwater Port (GGDWP):
    (1) Description. The GGDWP safety zone is centered at the following 
coordinates: 28[deg]05'16'' N, 093[deg]03'07'' W. This safety zone, 
encompassed within a circle having a 500 meter radius around the 
primary component of the Gulf Gateway Deepwater Port, the submerged 
loading turret (buoy) and the pipeline end manifold (STL/PLEM), is 
located approximately 116 miles off the Louisiana coast at West Cameron 
Area, South Addition Block 603 ``A''.
    (i) A mandatory no anchoring area contained within a circle of 
radius 1,500 meters centered on the following geographical position is 
designated as a mandatory no anchoring area:

Latitude N                           Longitude W
 
28[deg]05'27''                       93[deg]03'12''
 

    (ii) An area to be avoided within a circle of radius 2,000 meters 
centered on the following geographical position is designated as an 
area to be avoided:

Latitude N                           Longitude W
 
28[deg]05'27''                       93[deg]03'12''
 

    (2) Regulations. Deepwater port support vessels desiring to enter 
the safety zone must contact and obtain permission from the LNG 
Regasification Vessel (LNGRV) stationed at the deepwater port. The 
LNGRV can be contacted on VHF-FM Channel 13.

    Dated: September 21, 2006.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention.
[FR Doc. 06-8274 Filed 9-25-06; 9:49 am]
BILLING CODE 4910-15-P