57644 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations 

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. 

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. 

§ 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. 

§ 148.5: ‘‘Adjacent coastal State’’: We 

aligned this definition with the statutory 

definition from 33 U.S.C. 1502. 

§ 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.’’

§ 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. 

§ 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. 

§ 148.5: ‘‘Area to be avoided’’ or ‘‘ 

ATBA’’: At a commenter’s suggestion, 

we are revising this definition to 

provide more information. 

§ 148.5: ‘‘Certifying entity’’ or ‘‘CE’’: 

We have added this definition due to 

substantive changes elsewhere in the 

deepwater port regulations. 

§ 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. 

§ 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. 

§ 148.5: ‘‘Maritime Administration’’ or 

‘‘MARAD’’: We have revised this 

definition to refer specifically to the 

associate administrator currently 

responsible for deepwater port matters. 

§ 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. 

§ 148.5: ‘‘Natural gas liquids’’: We are 

adding this definition in response to one 

commenter’s suggestion. 

§ 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. 

§ 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. 

§ 148.5: ‘‘Safety zone’’: At a 

commenter’s suggestion, we are revising 

this definition to provide more 

information. 

§ 148.5: ‘‘Survival craft’’: We have 

revised this definition to align it with 

§ 149.303. 

§ 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 (§§ 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. 

§ 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. 

§ 148.105(d): We revised this section 

for clarity. No substantive change is 

intended. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 148.105(m)(1)(i): We substituted 

‘‘i.e.’’ with ‘‘for example’’, for clarity. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 MMSregulated 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. 

§ 148.110: We made minor revisions 

for clarity. 

§ 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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§ 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. 

§ 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. 

§ 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. 

§ 148.217(c): We revised this 

paragraph to clarify MARAD’s role. 

§ 148.221: We revised this section for 

clarity. 

§§ 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. 

§ 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. 

§ 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, §§ 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. 

§ 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. 

§ 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. 

§ 148.315: One commenter 

recommended imposing an inflationadjustable fixed fee for amending, 

transferring or reinstating a license. 

Regulatory action is not needed because 

MARAD can address fees in setting 

license conditions. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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, § 148.110, 

which provides for any person’s right to 

confer with the Coast Guard about 

application requirements, and 

§ 148.108, which provides for requesting 

the collection of additional information 

from an applicant. 

§ 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. 

§ 148.710(a)(2): We clarified that the 

marine environment is the focus of this 

provision. 

§ 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. 

§ 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. 

§ 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. 

§§ 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. 

§ 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. 

§ 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 

§ 148.710. 

Part 149 (§§ 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. 

§ 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. 

§ 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. 

§ 149.305: We amended this section to 

better align it with § 149.304(a)(2), in 

response to one commenter who noted 

a possible conflict. 

§ 149.403: We amended this section 

for clarification. 

§ 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. 

§§ 149.416, 149.417 and 149.418: We 

removed these sections because they are 

redundant; the material discussed is 

adequately addressed in § 149.419. 

§§ 149.419, 149.420, 149.421, 149.422, 

149.423 and 149.424 have been 

sequentially renumbered to align with 

the revised text. 

§ 149.416 (formerly § 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. 

§ 149.420 (formerly § 149.423): We 

added text to better define material 

construction of escape routes to provide 

adequate protection in the event of a 

fire. 

§ 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. 

§ 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 § 149.625, and we 

believe the action we took in that 

section addresses the concern raised 

with respect to § 149.620. 

§ 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. 

§ 149.641(b): We revised this section 

for clarification. 

§ 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. 

§ 149.660: We revised this section for 

clarification. 

§ 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. 

§ 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. 

§ 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). 

§ 150.10: One commenter said that the 

port operations manual should include 

sections that deal with emergencies on 

ports that are co-located with MMSregulated facilities. Necessary 

contingency measures will be addressed 

in the operations manual, but need not 

be detailed in regulatory text. 

§ 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. 

§ 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. 

§ 150.15(o): We added this 

requirement for a waste management 

plan in response to a commenter’s 

request. 

§ 150.15(q)(formerly (p)): We added a 

requirement for procedures to notify 

nearby OCS facilities, at a commenter’s 

suggestion. 

§ 150.15(u): At a commenter’s request, 

we added this requirement for 

emergency evacuation procedures 

comparable to 33 CFR 146.140(d). 

§ 150.15(x)(formerly (v)): We revised 

this paragraph concerning security 

plans, for clarity. 

§ 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. 

§ 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. 

§ 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. 

§ 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 § 150.15(y)(6) and 


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will be distributed to other agencies 

pursuant to § 150.20. 

§ 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 (§§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 selfinspection required by § 150.105. This 

commenter also suggested that the boatrelease 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. 

§ 150.611: We corrected the reference 

to OSHA head-protection regulations. 

§ 150.613(b): We removed an obsolete 

alternative deadline for completing the 

initial noise survey. 

§ 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. 

§ 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. 

§ 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. 

§ 150.820: We added paragraph (d) in 

response to a commenter’s suggestion. 

§ 150.905: At a commenter’s 

suggestion, we revised this section to 

provide more information. 

§ 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. 

§ 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. 

§ 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 

§ 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 


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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. 


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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. 

■ 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 


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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 PreConstruction 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 preconstruction testing? 

148.410 What are the conditions for 

conducting site evaluation and preconstruction 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 

§ 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). 

§ 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. 

§ 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. 

§ 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 °F 

(approximately 15.56 °C). 

Captain of the Port or COTP means a 

Coast Guard officer who commands a 


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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 nonhydrocarbons 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 sparkproducing 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. 


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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 

§ 154.710 for oil facilities or § 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 § 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 


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craft e.g., wing-in-ground (WIG) craft, 

seaplanes) capable of being used, as a 

means of transportation on or through 

the water. 

§ 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 projectrelated 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 

§ 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. 

§ 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 


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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-ofway 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 rightof-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 


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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 colocated 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 


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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 

§ 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, sitespecific 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. 

§ 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. 


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§ 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. 

§ 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 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 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. 

§ 148.207 How and where may I view 

docketed documents? 

(a) All material in a docket under 

§ 148.205 is available to the public for 

inspection and copying at Commandant 

(G–P) at the address under 

‘‘Commandant (G–P)’’ in § 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. 


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§ 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. 

§ 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 § 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 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 


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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. 

§ 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 

§ 148.228 What if a formal evidentiary 

hearing is necessary? 

(a) After all public meetings under 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 148.244 Who must represent the parties 

at a formal hearing? 

(a) All organizations that are parties to 

the proceeding must be represented by 


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an attorney. Individuals may represent 

themselves. 

(b) Any attorney representing a party 

to the proceeding must file a notice of 

appearance according to § 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. 

§ 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. 

§ 148.248 What happens when a document 

does not contain all necessary information? 

Any document that does not satisfy 

the requirements in §§ 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. 

§ 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). 

§ 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 

§ 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/gcj/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 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 148.277 How may Federal agencies and 

States participate in the application 

process? 

(a) Under § 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 § 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. 

§ 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. 


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§ 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. 

§ 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 § 148.107. 

Subpart D—Licenses 

§ 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. 

§ 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. 

§ 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). 

§ 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. 

§ 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. 

§ 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). 

§ 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 PreConstruction Testing 

§ 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 § 148.105. 

§ 148.405 What are the procedures for 

notifying the Commandant (G–P) of 

proposed site evaluation and preconstruction 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 


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(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. 

§ 148.410 What are the conditions for 

conducting site evaluation and preconstruction 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 § 148.400(a). 

§ 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. 

§ 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 preconstruction 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 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 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. 


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(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. 

§ 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. 

§ 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 

§ 148.707. 

§ 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. 

§ 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. 

§ 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 § 148.700 of this 

subpart. The criteria established are 

consistent with the National 

Environmental Policy Act. 

§ 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 § 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. 

§ 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 


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(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 

§§ 148.720 through 148.740 of this 

subpart. 

§ 148.720 What are the siting criteria? 

In accordance with § 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. 

§ 148.722 Should the construction plan 

incorporate best available technology and 

recommended industry practices? 

Each applicant must submit a 

proposed construction plan. It must 

incorporate best available technology 

and recommended industry practices as 

directed in § 148.730. 

§ 148.725 What are the design, 

construction and operational criteria? 

In accordance with § 148.720(b), the 

deepwater port proposal and reasonable 

alternatives will be evaluated on the 

basis of how well they: 

(a) Reflect the use of best available 

technology in design, construction 

procedures, operations, and 

decommissioning; 

(b) Include safeguards, backup 

systems, procedures, and response plans 

to minimize the possibility and 

consequences of pollution incidents 

such as spills and discharges, while 

permitting safe operation with 

appropriate safety margins under 

maximum operating loads and the most 

adverse operating conditions; 

(c) Provide for safe, legal, and 

environmentally sound waste disposal, 

resource recovery, affected area 

reclamation, and enhanced use of spoil 

and waste; 

(d) Avoid permanent interference 

with natural processes or features that 

are important to natural currents and 

wave patterns; 

(e) Avoid groundwater drawdown or 

saltwater intrusion, and minimizes 

mixing salt, fresh, and brackish waters; 

(f) Avoid disrupting natural sheet 

flow, water flow, and drainage patterns 

or systems; 

(g) Avoid interference with biotic 

populations, especially breeding 

habitats or migration routes; 

(h) Maximize use of existing facilities; 

(i) Provide personnel trained in oil 

spill prevention at critical locations 

identified in the accident analysis; 

(j) Provide personnel trained in oil 

spill mitigation; and 

(k) Plan for safe and effective removal 

of the deepwater port in the event of its 

decommissioning. 

§ 148.730 What are the land use and 

coastal zone management criteria? 

In accordance with § 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 nonconforming 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. 

§ 148.735 What are other critical criteria 

that must be evaluated? 

In accordance with § 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. 

§ 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 


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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 freefall 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 antiexposure (deck) suits? 

149.328 How must work vests and antiexposure (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? 


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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 semiportable 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 

§ 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. 

§ 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 


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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. 

§ 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. 

§ 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 

§ 149.100 What does this subpart do? 

This subpart provides requirements 

for pollution equipment on deepwater 

ports. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 149.125 What are the requirements for 

the malfunction detection system? 

(a) Each oil and natural gas system, 

between a pumping platform complex 

and the shore, must have a system that 

can detect and locate leaks and other 

malfunctions, particularly in high-risk 

areas. 

(b) The marine transfer area on an oil 

deepwater port must be equipped with 

a monitoring system in accordance with 

§ 154.525 of this chapter. 

(c) A natural gas deepwater port must 

be equipped with gas detection 

equipment adequate for the type of 

transfer system, including storage and 

regasification, used. The Commandant 

(G–P) will evaluate proposed leakdetection systems for natural gas on an 

individual basis. 

§ 149.130 What are the requirements for 

the cargo transfer system alarm? 

(a) Each cargo transfer system must 

have an alarm to signal a malfunction or 

failure in the system. 

(b) The alarm must sound 

automatically in the control room and: 

(1) Be capable of being activated at the 

pumping platform complex; 

(2) Have a signal audible in all areas 

of the pumping platform complex, 

except in areas under paragraph (b)(3) of 

this section; 

(3) Have a high intensity flashing light 

in areas of high ambient noise levels 

where hearing protection is required 

under § 150.615 of this chapter; and 

(4) Be distinguishable from the 

general alarm. 

(c) Tankers calling on unmanned 

deepwater ports must be equipped with 

a transfer system alarm described in this 

section. 

§ 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. 

§ 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 


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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. 

§ 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 

§ 149.300 What does this subpart do? 

This subpart provides requirements 

for lifesaving equipment on deepwater 

ports. 

Manned Deepwater Port Requirements 

§ 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. 

§ 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. 

§ 149.303 What survival craft and rescue 

boats may be used on a manned deepwater 

port? 

(a) Each survival craft on a manned 

deepwater port must be one of the 

following: 

(1) A lifeboat meeting the 

requirements of § 149.306 of this 

subpart; or 

(2) A liferaft meeting the requirements 

of § 149.308 of this subpart. 

(b) Each rescue boat on a manned 

deepwater port must be a rescue boat 

meeting the requirements of § 149.314 of 

this subpart. 

§ 149.304 What type and how many 

survival craft and rescue boats must a 

manned deepwater port have? 

(a) Except as specified under 

§ 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 § 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 

§ 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. 

§ 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 § 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 § 149.308 of this subpart, but must 

comply with the stowage requirements 

of 46 CFR 108.530(c). 

§ 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 § 150.502(a) of 

this chapter, must be in the lifeboat or 

on the deepwater port. 

§ 149.307 What are the requirements for 

free-fall lifeboats? 

All free-fall lifeboats must be 

approved under approval series 

160.135. 

§ 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 § 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 § 149.309 to this 

subpart. 

§ 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. 

§ 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. 


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§ 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. 

§ 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. 

§ 149.313 How must survival craft be 

arranged? 

The operator must arrange survival 

craft so that they meet the requirements 

of 46 CFR 108.525 (a) and § 108.530 

and: 

(a) Are readily accessible in an 

emergency; 

(b) Are accessible for inspection, 

maintenance, and testing; 

(c) Are in locations clear of overboard 

discharge piping or openings, and 

obstructions below; and 

(d) 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. 

§ 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. 

§ 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 § 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. 

§ 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. 

§ 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. 

§ 149.318 Must every person on the port 

have a lifejacket? 

The operator must provide a lifejacket 

that complies with § 149.316 of this 

subpart for each person on a manned 

deepwater port. 

§ 149.319 What additional lifejackets must 

I have? 

For each person on duty in a location 

where the lifejacket required by 

§ 149.317 of this subpart is not readily 

accessible, an additional lifejacket must 

be stowed so as to be readily accessible 

to that location. 

§ 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. 

§ 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. 

§ 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 


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in an emergency. The ring life buoy 

must not be permanently secured in any 

way to the rack or the deepwater port. 

§ 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. 

§ 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. 

§ 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 

§ 149.140 fails. This communication 

equipment must have an emergency 

power source. 

§ 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. 

§ 149.327 What are the approval 

requirements for work vests and antiexposure (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. 

§ 149.328 How must work vests and antiexposure (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. 

§ 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. 

§ 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 § 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. 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 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. 

§ 149.336 What are the requirements for 

lifejackets? 

(a) Except as under paragraph (b) of 

this section, each unmanned deepwater 

port must have at least one lifejacket 

complying with § 149.316 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. 

§ 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 § 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. 


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§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 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. 

§ 149.402 What firefighting and fire 

protection equipment must be approved by 

the Coast Guard? 

Except as permitted under § 149.403, 

§ 149.415(c) or (d), § 149.419(a)(1), or 

§ 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 

§ 149.403 of this subpart. 

§ 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 

§ 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 § 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. 

§ 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 nonconducting 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

Classification type-size Foam liters 

(gallons) 

Carbon dioxide 

kilograms 

(pounds) 

Dry chemical 

kilograms 

(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. 

2For outside use, double the quantity of agent that must be carried. 


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§ 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. 

§ 149.407 Must fire extinguishers be on the 

deepwater port at all times? 

(a) The fire extinguishers required by 

§ 149.409 of this subpart must be on all 

manned deepwater ports at all times. 

(b) The fire extinguishers required by 

§ 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. 

§ 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. 

§ 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

Space Classification Minimum quantity and location 

(a) Safety Areas: 

(1) Communicating corridors ............. A–II ................... One in each main corridor or stairway not more than 150 feet apart. 

(2) Radio room .................................. C–II ................... One outside 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 or gas turbine engines.B–II ................... One for each engine.2

(6) Open electric motors and generators.C–II ................... One for each of two motors or generators.3

(e) Helicopter Areas: 

(1) Helicopter landing decks ............. B–V ................... One at each access route. 

(2) Helicopter fueling facility .............. B–V ................... One at each fuel 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. 3Small electrical appliances, such as fans, are exempt. 

4 Not required if a fixed foam system is installed in accordance with 46 CFR 108.489. 

§ 149.410 Where must portable and semiportable 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 


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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. 

§ 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. 

§ 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 § 127.609 

of this chapter. 

§ 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. 

§ 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. 

§ 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 § 149.420 or § 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 

§ 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. 

§ 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. 

§ 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 

§ 149.500 What does this subpart do? 

This subpart provides requirements 

for aids to navigation on deepwater 

ports. 

§ 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 

§ 149.510; 

(b) Section 66.01–25(a) and (c) of this 

chapter, on discontinuing or removing 

an aid. For the purposes of § 66.01–25(a) 

and (c) of this chapter, navigation aids 

at a deepwater port are considered Class 

I aids under § 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. 

§ 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 § 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 

§ 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 

§ 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 ±0.25 ° 

or better; and 

(f) Be located: 

(1) At least 60 feet (about 18.3 meters) 

above mean high water; 


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(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 

§ 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 

§ 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 

§ 149.560 How must buoys used to define 

traffic lanes be marked and lighted? 

(a) Each buoy that is used to define 

the lateral boundaries of a traffic lane at 

a deepwater port must meet § 62.25 of 

this chapter. 

(b) The buoy must have an omnidirectional 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. 

§ 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 § 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 

§ 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 § 149.540. 

§ 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. 

§ 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 FCCaccepted 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 omnidirectional 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. 

§ 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 

§ 149.600 What does this subpart do? 

This subpart provides general 

requirements for equipment and design 

on deepwater ports. 

§ 149.610 What must the District 

Commander be notified of and when? 

The District Commander must be 

notified of the following: 


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When— The District Commander must be notified—

(a) Construction of a pipeline, platform, or single point mooring (SPM) 

is planned.

At least 30 days before construction begins. 

(b) Construction of a pipeline, platform, or SPM begins .......................... Within 24 hours, from the date construction begins, that the lights and 

sound signals are in use at the construction site. 

(c) A light or sound signal is changed during construction ...................... Within 24 hours of the change. 

(d) Lights or sound signals used during construction of a platform, 

buoy, or SPM are replaced by permanent fixtures to meet the requirements of this part.

Within 24 hours of replacement. 

(e) The first cargo transfer operation begins ........................................... At least 60 days before the operation. 

§ 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. 

§ 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). 

§ 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 

§ 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. 

§ 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 

§ 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. 


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Helicopter Fueling Facilities 

§ 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 

§ 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 

§ 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 

§ 150.613 of this chapter; and 

(c) Has a high intensity flashing light 

in areas where hearing protection is 

used. 

§ 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 § 149.665 for signaling 

the general alarm. 

Public Address System 

§ 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 

§ 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. 

§ 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 

§ 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 §§ 149.691 through 149.699. 

Means of Escape 

§ 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. 

§ 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 

§ 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 


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artificial illumination as measured at 

the landing floor and guards and rails. 

Guardrails and Similar Devices 

§ 149.694 What are the requirements for 

catwalks, floors, and openings? 

(a) The configuration and installation 

of catwalks, floors, and openings must 

comply with § 143.110 of this chapter. 

(b) This section does not apply to 

catwalks, floors, deck areas, or openings 

in areas not normally occupied by 

personnel or on helicopter landing 

decks. 

§ 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. 

§ 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 

§ 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 

§ 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? 


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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). 


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Subpart A—General 

§ 150.1 What does this part do? 

This part provides requirements for 

the operation of deepwater ports. 

§ 150.5 Definitions. 

See § 148.5 of this chapter for the 

definition of certain terms used in this 

part. 

§ 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 § 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. 

§ 150.15 What must the operations manual 

include? 

The operations manual required by 

§ 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 § 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; 


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(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 § 151.57. 

(p) Occupational health and safety 

training procedures. Policy and 

procedures to address occupational 

health and safety requirements outlined 

in §§ 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-toknow); 

(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 § 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: 


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(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. 

§ 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 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 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, 


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which are inspected and repaired in 

accordance with subpart F. 

(c) Prior to the initiation of a selfinspection 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. 

§ 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 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 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 § 150.325. 

Once the tanker is connected to the 

unmanned deepwater port, the master 

must maintain radar surveillance in 

compliance with the requirements of 

§ 150.310. 

§ 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 § 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. 

§ 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. 

§ 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 

§ 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 

§ 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 § 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. 

§ 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. 

§ 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 

§ 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. 

§ 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 


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be cleared in advance by the port’s 

person in charge of vessel operations. 

§ 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. 

§ 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. 

§ 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

Regulated activities Safety zone 

Areas to be 

avoided 

around each 

deepwater 

port 

component 1

Anchorage 

areas 

Other areas 

within and 

adjacent to 

the safety zone 

(e.g., no anchoring area) 

Tankers calling at port ............................................................................................... C C C C 

Support vessel movements ....................................................................................... C C C C 

Transit by vessels other than tankers or support vessels ........................................ F D P P 

Mooring to surface components (for example an SPM) by vessels other than 

tankers or support vessels.

N N N N 

Anchoring by vessels other than tankers or support vessels ................................... N F C F 

Fishing, including bottom trawl (shrimping) ............................................................... N D P N 

Mobile drilling operations or erection of structures.2 N R N N 

Lightering/transshipment ........................................................................................... N N N N 

1Areas 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. 

§ 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 

§ 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. 

§ 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 § 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 


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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. 

§ 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 

§ 127.405 of this chapter. 

§ 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 § 156.120 of this chapter; and 

(b) Natural gas transfer procedures 

that accord with §§ 127.315, 127.317 

and 127.319 of this chapter. 

§ 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 § 156.150(c) for oil, or 

§ 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 § 156.150 

for oil, or § 127.317 for natural gas, of 

this chapter. 

§ 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. 

§ 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. 

§ 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 

§ 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 

§ 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) 

§ 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 § 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 


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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 

§ 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 endfor-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. 

§ 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 

§ 150.502(a), or according to the 

deepwater port’s planned maintenance 

program under § 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. 

§ 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 § 150.502(a), or 

according to the deepwater port’s 

planned maintenance program under 

§ 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 

§ 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. 

§ 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. 

§ 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) 

§ 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. 

§ 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. 

§ 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 

§ 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. 

§ 150.513 What occurs during the monthly 

tests and inspections? 

(a) The operator must inspect each 

item of lifesaving equipment under 

§ 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. 


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(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. 

§ 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 

§ 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. 

§ 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, davitlaunched liferaft, and rescue boat every 

time a fall is replaced or turned end-forend. 

§ 150.517 How are weight tests 

supervised? 

(a) The installation and periodic tests 

required by §§ 150.515 and 150.516 of 

this subpart must be supervised by a 

person familiar with lifeboats, davitlaunched 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 

§ 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 § 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 

§ 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 

§ 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. 

§ 150.521 What records are required? 

(a) The operator must maintain a 

record of each test and inspection under 

§ 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 

§ 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 § 149.416 of this 

chapter. 

§ 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. 

§ 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. 

§ 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. 

§ 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; 


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(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. 

§ 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 

§ 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) 

§ 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. 

§ 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 

§ 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, portspecific 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. 

§ 150.603 What emergency response 

training is required? 

The requirements for emergency 

response training must be outlined in 

the port operations manual. 

§ 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. 

§ 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. 

§ 150.606 After learning of a possible 

violation, what does the Officer in Charge 

of Marine Inspection do? 

After reviewing the information 

received under § 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 

§ 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 

§ 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 

§ 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. 

§ 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 

§ 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. 


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Feet 

§ 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 

§ 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 

§ 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 

§ 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 §§ 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 

§ 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 § 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. 

§ 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 

§ 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 

§ 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 

§ 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 § 150.626 of this 

part. 

Slings 

§ 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 

§ 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 

§ 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 permitrequired 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. 


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(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 

§ 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 

§ 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 §§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 150.700 What does this subpart do? 

This subpart provides requirements 

for the operation of aids to navigation at 

a deepwater port. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 150.800 What does this subpart do? 

This subpart concerns reports and 

records that the licensee must keep and 

submit. 

Reports 

§ 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. 

§ 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. 

§ 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 


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§ 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. 

§ 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 firefighting 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. 

§ 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 § 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 § 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. 

§ 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 

§§ 150.815 and 150.820. 

§ 150.830 Reporting a pollution incident. 

Oil pollution incidents involving a 

deepwater port are reported according 

to §§ 135.305 and 135.307 of this 

chapter. 

§ 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 

§ 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 

§ 150.845, the copies must be kept for 3 

years. 

§ 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. 

§ 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 § 150.430 for one month 

from the date of signature. 

Subpart J—Safety Zones, No 

Anchoring Areas, and Areas To Be 

Avoided 

§ 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. 

§ 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. 


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§ 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. 

§ 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. 

§ 150.920 How can I find notice of new or 

proposed safety zones? 

In addition to documents published 

in the Federal Register under § 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. 

§ 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. 

§ 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. 

§ 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°55′23′′ ....................................................................................................................................................................................... 90°00′37′′ 

(ii) A rhumb line to: 

28°53′50′′ ....................................................................................................................................................................................... 90°04′07′′ 

(iii) Then an arc with a 4,465 meter (4,883 yard) radius centered at the port’s pumping platform complex: 

28°53′06′′ ....................................................................................................................................................................................... 90°01′30′′ 

(iv) To a point: 

28°51′07′′ ....................................................................................................................................................................................... 90°03′06′′ 

(v) Then a rhumb line to: 

28°50′09′′ ....................................................................................................................................................................................... 90°02′24′′ 

(vi) Then a rhumb line to: 

28°49′05′′ ....................................................................................................................................................................................... 89°55′54′′ 

(vii) Then a rhumb line to: 

28°48′36′′ ....................................................................................................................................................................................... 89°55′00′′ 

(viii) Then a rhumb line to: 

28°52′04′′ ....................................................................................................................................................................................... 89°52′42′′ 

(ix) Then a rhumb line to: 

28°53′10′′ ....................................................................................................................................................................................... 89°53′42′′ 

(x) Then a rhumb line to: 

28°54′52′′ ....................................................................................................................................................................................... 89°57′00′′ 

(xi) Then a rhumb line to: 

28°54′52′′ ....................................................................................................................................................................................... 89°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°55′23′′ ....................................................................................................................................................................................... 90°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: 


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57694 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations 

Latitude N Longitude W 

28°53′06′′ 90°¥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°54′12′′ 90°00′37′′ 

28°53′16′′ 89°59′59′′ 

28°52′15′′ 90°00′19′′ 

28°51′45′′ 90°01′25′′ 

28°52′08′′ 90°02′33′′ 

28°53′07′′ 90°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°52′21′′ 89°57′47′′ 

28°54′05′′ 89°56′38′′ 

28°52′04′′ 89°52′42′′ 

28°50′20′′ 89°53′51′′ 

28°52′21′′ 89°57′47′′ 

(b) The Gulf Gateway Deepwater Port 

(GGDWP): 

(1) Description. The GGDWP safety 

zone is centered at the following 

coordinates: 28°05′16′′ N, 093°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°05′27′′ 93°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°05′27′′ 93°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 


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