43100 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 

6:00 p.m., National Institute of Health, 

6701 Rockledge Drive, Bethesda, MD, 

20892 which was published in the 

Federal Register on July 3, 2012, 77 FR 

39500. 

The meeting will be held July 24, 

2012, 8:00 a.m.–7:30 p.m. The meeting 

location remains the same. The meeting 

is closed to the public. 

Dated: July 17, 2012. 

Jennifer S. Spaeth, 

Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2012–17814 Filed 7–20–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0097] 

Privacy Act of 1974; Department of 

Homeland Security, Federal 

Emergency Management Agency—009 

Hazard Mitigation Assistance Grant 

Programs System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security, Federal Emergency 

Management Agency proposes to update 

and reissue a current system of records 

titled, ‘‘Department of Homeland 

Security/Federal Emergency 

Management Agency—2006—0002 

National Emergency Management 

Information System (NEMIS)— 

Mitigation (MT) Electronic Grants 

Management System of Records,’’ and 

retitle it ‘‘Department of Homeland 

Security/Federal Emergency 

Management Agency—009 Hazard 

Mitigation Assistance Grant Programs 

System of Records.’’ As a result of the 

biennial review of this system, the 

Department of Homeland Security, 

Federal Emergency Management Agency 

is proposing changes to the following: 

(1) System name: (2) categories of 

individuals; (3) categories of records; (4) 

purposes; (5) routine uses; and (6) 

sources of records. This revised system 

will be included in the Department of 

Homeland Security, Federal Emergency 

Management Agency’s inventory of 

record systems. 

DATES: Submit comments on or before 

August 22, 2012. This revised system 

will be effective August 22, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0097, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

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

instructions on the Web site. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: Eric 

M. Leckey (202) 212–5100, Privacy 

Officer, Federal Emergency Management 

Agency, Department of Homeland 

Security, Washington, DC 20478. For 

privacy issues, please contact: Mary 

Ellen Callahan (703) 235–0780, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS), Federal 

Emergency Management Agency 

(FEMA) proposes to update and reissue 

a current system of records titled, 

‘‘DHS/FEMA—2006—0002 National 

Emergency Management Information 

System (NEMIS)—Mitigation (MT) 

Electronic Grants Management System 

of Records (69 FR 75079, December 15, 

2004),’’ and retitle it, ‘‘DHS/FEMA—009 

Hazard Mitigation Assistance Grant 

Programs System of Records.’’ As part of 

the process for reviewing information 

technology under the National 

Emergency Management Information 

System (NEMIS)—Mitigation (MT) 

Electronic Grants Management System 

(NEMIS—MT eGrants), DHS is updating 

both the Privacy Impact Assessment 

(PIA) published at www.dhs.gov/privacy 

and this system of records notice to 

reflect changes in the program and 

technology. 

FEMA collects personally identifiable 

information (PII) through paper and 

electronic applications for Hazard 

Mitigation Assistance (HMA) grant 

programs. This SORN includes 

renaming the system of records to 

eliminate the specific reference to 

‘‘electronic grants management’’ and 

therefore broaden the coverage of the 

system of records to include paperbased applications for Hazardous 

Mitigation Assistance (HMA) grant 

programs. 

The categories of individuals has been 

broadened to cover grant applicants 

from additional HMA grants programs 

not previously included in the MT 

Electronic Grants Management System 

of Records. The HMA grant programs 

include, but may not be limited to, the 

Pre-Disaster Mitigation (PDM) grant 

program (42 U.S.C. 5133), the Hazard 

Mitigation Grant Program (HMGP) (42 

U.S.C. 5170c), the Flood Mitigation 

Assistance (FMA) grant program (42 

U.S.C. 4104c), the Severe Repetitive 

Loss (SRL) grant program (42 U.S.C. 

4102a), and the Repetitive Flood Claims 

(RFC) grant program (42 U.S.C. 4030). 

HMA grant programs provide funds to 

eligible applicants to implement 

mitigation activities to reduce or 

eliminate the risk of future damage to 

life and property from hazards. 

Eligible applicants for FEMA HMA 

grants include all fifty states, the District 

of Columbia, the U.S. Virgin Islands, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the Commonwealth of 

the Northern Mariana Islands, and 

federally recognized tribal governments. 

Eligible sub-applicants of HMA grants 

include state agencies, local 

governments, tribal governments, and, 

for HMGP only, certain private, nonprofit entities, to which a sub-grant is 

awarded by an applicant. 

Some applications for HMA grant 

programs propose mitigation activities 

that impact property privately owned by 

individuals, such as: retrofitting 

structures, elevating structures, 

acquiring and demolishing or relocating 

structures, minor structural flood 

control projects, or constructing safe 

rooms. These applications include the 

minimum amount of the property 

owner’s PII necessary to ascertain the 

eligibility of the property and/or 

structure under mitigation grant 

program regulations. 

This SORN has been revised to update 

categories of records to provide 

additional transparency. Categories of 

records now include: information about 

points of contact (POC) who submit 

grant applications, including the name 

of the organizations submitting the 

grant; the name of the organization’s 

POC for the grant and the grant POC’s 

office phone number, office mailing 

address, and email address; and 

information about the Governor’s 

representatives who may sign grant 

applications, such as the 

representative’s name and signature. 

Categories of records also now include 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 43101 

information related to payments or 

financial assistance property owners 

may receive from non-FEMA sources. 

The purpose of this system of records 

has been expanded to include the 

Hazard Mitigation Grant Program, the 

Severe Repetitive Loss Program, the 

Repetitive Flood Claims Program, and 

any other authorized Hazard Mitigation 

Assistance grant programs where the 

same type of information is collected 

and used for the same purpose of review 

and approving hazard mitigation grants. 

The routine uses have been updated 

to be consistent with the existing order 

and content of all DHS SORNs. In 

addition, two new routine uses have 

been added. Routine use I has been 

added to clarify that information will be 

shared for routine management and 

oversight between FEMA and other 

federal agencies, state and local 

governments, or other public or private 

entities (to include voluntary/nongovernmental organizations, insurance 

companies, insurance agents/brokers, 

individual’s employer, and/or financial 

institutions) when an individual 

property owner’s eligibility for grant 

assistance to the property, in whole or 

in part, depends upon financial benefits 

already received or available from 

another source for similar purposes. 

Routine use J has been added in order 

to allow the Department to disclose 

information to the public when the 

public’s need to know the information 

outweighs the risk to privacy. 

DHS/FEMA is clarifying the language 

under the sources of records. FEMA 

collects information in its HMA grant 

applications from state, local, tribal, and 

territorial partners seeking grant 

funding. However, private and nonprofit organizations may be additional 

sources of information. 

This updated system will be included 

in DHS/FEMA’s inventory of record 

systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

an individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses of the records contained in each 

system in order to make agency record 

keeping practices transparent; to notify 

individuals regarding the uses to which 

personally identifiable information is 

put; and to assist individuals to more 

easily find such files within the agency. 

Below is the description of the DHS/ 

FEMA—009 Hazard Mitigation 

Assistance Grant Programs System of 

Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system change to the Office of 

Management and Budget and to 

Congress. 

SYSTEM OF RECORDS: 

Department of Homeland Security 

(DHS)/Federal Emergency Management 

Agency (FEMA)—009. 

SYSTEM NAME: 

DHS/FEMA—009 Hazard Mitigation 

Assistance Grant Programs System of 

Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Mitigation eGrants, the Hazard 

Mitigation Grant Program (HMGP) 

system, and hard copy records are 

maintained at Federal Emergency 

Management Agency Headquarters, in 

Washington, DC and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

• The points of contact for the grant 

applications, including applications that 

are denied, and awarded grants 

(grantees), such as state, local, tribal, 

and territorial governments, and private 

and non-profit organizations applying 

for HMA grant funds; and 

• Individual private property owners 

whose properties are identified in 

applications for Hazard Mitigation 

Assistance (HMA) grant funds. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The following information may be 

collected: 

• Individual property owner’s name; 

• Individual property owner’s 

damaged property address; 

• Individual property owner’s home 

phone number; 

• Individual property owner’s office 

phone number; 

• Individual property owner’s cell 

phone number; 

• Individual property owner’s 

mailing address; 

• Individual property owner’s status 

regarding flood insurance; 

• Individual property owner’s 

National Flood Insurance Program 

(NFIP) policy number; 

• Individual property owner’s 

insurance policy provider for the 

property proposed to be mitigated with 

FEMA funds; 

• Individual property owner’s 

signature; 

• Grant applicant organization name; 

• Grant applicant organization POC; 

• Grant applicant organization POC 

office phone number; 

• Grant applicant organization POC 

office mailing address; 

• Grant applicant organization POC 

email address; 

• Grant applicant’s Dun and 

Bradstreet Data Universal Numbering 

System (DUNS); 

• Governor’s authorized 

representative name; 

• Governor’s authorized 

representative signature; 

• Notations and reports of decisions 

from insurance, disaster, or similar 

financial aid and/or income from other 

federal and state agencies, insurance 

companies, employers, banks, financial 

or credit data services, and public or 

private entities as they relate to 

payments and/or financial assistance 

received by individual property owners 

for the subject property; and 

• Mitigation activity type, hazard 

type, award date, and/or Congressional 

district. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Sections 203 and 404 of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act, as amended, 42 U.S.C. 

5133 and 5170c; Sections 1366, 1323, 

and 1361A of the National Flood 

Insurance Act, as amended, 42 U.S.C. 

4030, 4102a, and 4104c. 

PURPOSE(S): 

The purpose of this system is to 

determine the eligibility of a property or 

structure for FEMA’s hazard mitigation 

grant programs, verify the eligibility of 

activities for mitigation grants, identify 

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43102 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 

repetitive loss properties, and 

implement measures to reduce future 

property damage from hazards. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) or other federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is relevant 

or necessary to the litigation and one of 

the following is a party to the litigation 

or has an interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to a 

written inquiry from that congressional 

office made pursuant to a Privacy Act 

waiver from the individual to whom the 

record pertains. 

C. To the National Archives and 

Records Administration (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906. 

D. To an agency or organization for 

the purpose of performing audit or 

oversight operations as authorized by 

law, but only such information as is 

necessary or relevant to such audit or 

oversight function. 

E. To agencies, entities, and persons 

when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. DHS has determined that as a result 

of the suspected or confirmed 

compromise, there is a risk of identity 

theft or fraud, harm to economic or 

property interests, harm to an 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) that 

rely upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, students, 

and others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To another federal, state, or local 

government agency charged with 

administering federal mitigation or 

disaster relief programs in order to 

prevent a duplication of efforts by 

FEMA and the other agency, or a 

duplication of benefits to an individual 

eligible to apply for mitigation grant 

programs administered by FEMA. 

I. To a federal, state, or local 

government agency, or other public or 

private entity (to include voluntary/nongovernmental organizations, insurance 

companies, insurance agents/brokers, 

individual’s employer, and/or financial 

institutions), when an individual 

property owner’s eligibility for grant 

assistance to the property, in whole or 

in part, depends upon financial benefits 

already received or available from that 

source for similar purposes. 

J. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM. 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by applicant 

or sub-applicant organization 

submitting the grant application, 

mitigation activity type, hazard type, 

award date, congressional district, and/ 

or individual’s flood insurance policy 

information. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RETENTION AND DISPOSAL: 

In accordance with Government 

Records Schedule (GRS) 3, Item 14, 

grant administrative records and hard 

copies of unsuccessful grant 

applications files are destroyed when 

two years old. In accordance with GRS 

3, Item 13, electronically received and 

processed copies of unsuccessful grant 

application files will be stored for 3 

years from the date of denial, and then 

deleted. In accordance with FEMA 

Records Schedule N1–311–95–1, Item 1, 

grant project records are maintained for 

three years after the end of the fiscal 

year that the grant or agreement is 

finalized or when no longer needed, 

whichever is sooner. In accordance with 

FEMA Records Schedule N1–311–95–1, 

Item 3, grant final reports are retired to 

the Federal Records Center (FRC) three 

years after cutoff, and then transferred 

to National Archives and Records 

Administration (NARA) 20 years after 

cutoff. In accordance with FEMA 

Records Schedule N1–311–95–1, Item 2; 

N1–311–01–8, Item 1; and N1–311–04– 

1, Item 1, all other grant (both disaster 

and non disaster) records will be stored 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 43103 

for 6 years and 3 months from the date 

of closeout (where closeout is the date 

FEMA closes the grant in its financial 

system) and final audit and appeals are 

resolved and then deleted. Records of 

real properties (property acquisition 

agreement and lists of acquired 

properties) acquired with FEMA funds 

for maintenance in accordance with 

agreement terms of the grant cannot be 

destroyed until agreement with locality 

is no longer viable. 

SYSTEM MANAGER AND ADDRESS: 

Director, Risk Reduction Division, 

FEMA, 1800 South Bell Street, 

Arlington, VA 20598–3030. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the FEMA FOIA 

Officer, whose contact information can 

be found at http://www.dhs.gov/foia 

under ‘‘contacts.’’ If an individual 

believes more than one component 

maintains Privacy Act records 

concerning him or her the individual 

may submit the request to the Chief 

Privacy Officer and Chief Freedom of 

Information Act Officer, Department of 

Homeland Security, 245 Murray Drive 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you must: 

• Explain why you believe the 

Department would have information on 

you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without the above information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is obtained by FEMA from state, local, 

tribal, territorial governments, and 

private and non-profit organizations via 

hard copy and electronic applications 

for assistance. Individual property 

owners cannot apply directly to FEMA 

for assistance. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: July 12, 2012. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–17783 Filed 7–20–12; 8:45 am] 

BILLING CODE 9110–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2012–0546] 

Policy on the 2009 Revision of the 

International Maritime Organization 

Code for the Construction and 

Equipment of Mobile Offshore Drilling 

Units 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of availability. 

SUMMARY: The Coast Guard announces 

the availability of CG–ENG Policy Letter 

02–12, ‘‘Acceptance of the 2009 MODU 

Code.’’ On December 2, 2009, the 

International Maritime Organization 

(IMO) adopted IMO Assembly 

Resolution A.1023(26), Code for the 

Construction and Equipment of Mobile 

Offshore Drilling Units, 2009 (2009 

MODU Code). CG–ENG Policy Letter 

02–12 establishes that the Coast Guard 

considers the design and equipment 

standards of the 2009 MODU Code to be 

at least as effective as the design and 

equipment standards of the 1979 and 

1989 versions of the MODU Code. 

Therefore, an Officer in Charge, Marine 

Inspection (OCMI) may consider a 

foreign documented MODU with a valid 

2009 MODU Code Certificate issued by 

the flag state or its authorized agent to 

comply with 33 CFR 143.207(c) after 

confirming substantial compliance with 

the provisions of the 2009 MODU Code. 

DATES: CG–ENG Policy Letter 02–12 is 

effective as of May 7, 2012. 

ADDRESSES: This notice and the 

documents referenced within are 

available in the docket and can be 

viewed by going to 

www.regulations.gov, inserting USCG– 

2012–0546 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ CG–ENG Policy 

Letter 02–12 is also available at 

www.uscg.mil and can be viewed by 

clicking the link to the Office of Design 

and Engineering Standards (CG–ENG) 

under the ‘‘Units,’’ ‘‘USCG Headquarters 

Organization,’’ and ‘‘CG–5P’’ tabs, and 

scrolling down to ‘‘Policy Documents.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice or 

CG–ENG Policy Letter 02–12, call or 

email Lieutenant Commander Heather 

Mattern, Human Element and Ship 

Design Division (CG–ENG–1), telephone 

(202) 372–1361, or email 

Heather.R.Mattern@uscg.mil. If you 

have questions on viewing material in 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

Foreign documented MODUs engaged 

in any offshore activity associated with 

the exploration for, or development or 

production of, the minerals of the U.S. 

Outer Continental Shelf (OCS) must 

comply with one of three options 

outlined in 33 CFR 143.207, which deal 

with design and equipment standards. 

The majority of foreign MODU operators 

on the OCS choose to comply with 

33 CFR 143.207(c), often referred to as 

‘‘Option C.’’ When choosing this option, 

MODU operators present the OCMI with 

a valid MODU Code Certificate issued 

by the flag state or an agent authorized 

to act on its behalf. Existing regulation 

and policy permits MODUs to comply 

with the design and equipment 

standards in the 1979 MODU Code or 

1989 MODU Code. 

The Coast Guard has evaluated the 

2009 MODU Code, which applies to 

MODUs, the keels of which are laid or 

at a similar stage of construction on or 

after January 1, 2012. The Coast Guard 

considers the design and equipment 

standards of the 2009 MODU Code to be 

at least as effective as the design and 

equipment standards of the 1979 and 

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