7716 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant the preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM OR E5 Gold Beach, OR [Amended] 

Gold Beach Municipal Airport, OR 

(Lat. 42°24′55′′ N, long. 124°25′30′′ W) 

That airspace extending upward from 700 

feet above the surface within an area 

beginning at a point on the 160° bearing, 7.2 

miles from the airport, then clockwise to a 

point on the 010° bearing, 7.2 miles from the 

airport, thence to the point of beginning 

southeast of the airport. 

Issued in Des Moines, Washington, on 

February 4, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–02750 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0029] 

Special Local Regulations; Recurring 

Marine Events, Sector St. Petersburg 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the 

Bradenton Area River Regatta, a highspeed Powerboating event, for February 

12, 2022, to provide for the safety of life 

on navigable waterways during this 

event. During the enforcement periods, 

the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or any designated representative. 

DATES: The regulation will be enforced 

from 10 a.m. until 5 p.m. on February 

12, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST1 Michael D. Shackleford 

telephone 813–228–2191 option 3, 

email D07-SMB-Tampa-WWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.703, Table 1 

to § 100.703, Line No. 2 for the 

Bradenton Area River Regatta on 

February 12, 2022 from 10 a.m. to 5 p.m. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event. Our regulation for 

marine events, Sector St. Petersburg, 

§ 100.703, Table 1 to § 100.703, Line No. 

2, § 100.703, specifies the location of the 

regulated area for the Bradenton Area 

River Regatta which encompasses 

portions of the Manatee River near 

Bradenton, FL. During the enforcement 

periods, if you are the operator of a 

vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and/or 

marine information broadcasts. 

Dated: February 3, 2022. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2022–02894 Filed 2–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Chapter I, Subchapter N 

46 CFR Parts 10, 11, 15, and 107 

[Docket Number USCG–2020–0049] 

Guidance Documents: Determining 

Whether a Floating OCS Facility Is a 

Vessel or Non-Vessel; Oversight and 

Manning Requirements 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of availability of 

policy. 

SUMMARY: The Coast Guard is issuing 

policies that will guide Officers In 

Charge, Marine Inspection (OCMIs) in 

determining if a Floating Outer 

Continental Shelf Facility (FOF) is a 

vessel or a non-vessel. As a result of 

these changes non-vessel FOFs will no 

longer receive a Certificate of Inspection 

(CG Form 841), and personnel serving 

on these FOFs will no longer be 

required to hold Merchant Mariner 

Credentials. In association with these 

changes, the Coast Guard is canceling 

USCG District 8 Policy Letter 08–2001, 

Licensing Requirements for Personnel 

on Non-Self Propelled Floating OCS 

Facilities. 

DATES: CG–OES Policy Letter 01–22, 

Determination of Whether a Floating 

Outer Continental Shelf Facility (FOF) 

is a Vessel, and CG–MMC Policy Letter 

01–22, Merchant Mariner Credential 

Endorsements for Service on Floating 

Outer Continental Shelf (OCS) Facilities 

were issued February 4, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact 

Lieutenant Commander Matthew 

Meacham, the U.S. Coast Guard Office 

of Operating and Environmental 

Standards, Vessel and Facility 

Operating Standards Division (CG– 

OES–2) at 202–372–1410, or Mr. Luke 

Harden, the U.S. Coast Guard Office of 

Merchant Mariner Credentialing (CG– 

MMC–2) at 202–372–1206. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Following recent court rulings related 

to Outer Continental Shelf (OCS) 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7717 

1National Offshore Safety Advisory Committee. 

(2018). Final Report for Production Industry. 

Available at https://homeport.uscg.mil/Lists/ 

Content/DispForm.aspx?ID=35215&Source=/Lists/ 

Content/DispForm.aspx?ID=35215. 

2 33 CFR 140.10 (definition of ‘‘unit’’). 

3 33 CFR 140.10 (definition of ‘‘floating OCS 

facility’’). 

activities the Coast Guard initiated a 

review of the agency’s Floating OCS 

Facility (FOF) policies, procedures, and 

regulations. As part of this review, the 

Coast Guard tasked the National 

Offshore Safety Advisory Committee 

(NOSAC) with conducting a detailed 

review of Coast Guard OCS regulations. 

In March 2018 NOSAC provided the 

USCG with a final report containing 

recommendations on Coast Guard 

regulations applicable to OCS units 

operating on the U.S. OCS.1 An OCS 

unit is any domestic or foreign OCS 

facility, vessel, rig, platform, or other 

vehicle.2 One type of OCS unit is a 

‘‘floating OCS facility,’’ or FOF. FOFs 

are buoyant facilities that are securely 

and substantially moored, such that 

they cannot be moved without special 

effort.3 FOFs come in many different 

structural configurations with varying 

degrees of sea keeping capabilities. They 

can be either vessels or non-vessels. 

Based on NOSAC’s recommendations 

and its own internal review, the Coast 

Guard determined that it needed to 

clarify what Coast Guard regulations are 

applicable to FOFs that are not vessels. 

Specifically the Coast Guard 

determined that it needed to clarify: (1) 

Which FOFs are vessels and which FOF 

are non-vessel FOFs and (2) that nonvessel FOFs are not subject to vesselmanning requirements. 

II. Legal Authority 

The Coast Guard has broad authority 

to regulate FOFs under the Outer 

Continental Shelf Lands Act, 43 U.S.C. 

1331 et seq., and its implementing 

regulations at 33 CFR chapter I, 

subchapter N. FOFs that qualify as 

seagoing motor vessels may also be 

regulated by the Coast Guard under title 

46 of the United States Code and 

associated implementing regulations. 

This document is issued in accordance 

with 5 U.S.C. 552(a)(1)(D) and 5 U.S.C. 

553(b)(A). 

III. Policies 

1. When is an FOF a vessel? 

The Coast Guard is announcing the 

availability of: (1) CG–OES Policy Letter 

01–22, Determination of Whether a 

Floating Outer Continental Shelf 

Facility (FOF) is a Vessel. CG–OES 01– 

22 outlines the procedures for Coast 

Guard OCMIs to follow in order to 

determine if a particular FOF is a vessel 

or a non-vessel. 

The term ‘‘vessel’’ is defined in the 

United States Code at 1 U.S.C. 3. As 

defined, the term captures every form of 

watercraft and artificial contrivance 

used, or capable of being used, as a 

means of transportation on water. In 

Lozman v. City of Riviera Beach, Fla., 

568 U.S. 115 (2013), the Supreme Court 

of the United States held that to be a 

vessel under 1 U.S.C. 3, a structure’s 

physical ‘‘characteristics and activities’’ 

need to be such that a ‘‘reasonable 

observer’’ would conclude that the 

structure was designed to a practical 

degree to carry ‘‘people or things’’ on 

the water. Rather than relying upon any 

single structural characteristic to reach 

its decision, the Court instead focused 

on the phrase ‘‘capable of being used as 

a means of transport[.]’’ Citing Stewart 

v. Dutra Constr. Co., 543 U.S. 481 

(2005), the Court emphasized that for a 

structure to be considered ‘‘capable of 

being used for transport’’ it has to have 

a practical possibility of transporting 

people or goods over the water, not just 

be theoretically capable of doing so. 

This holistic test requires the fact finder 

to determine if the characteristics and 

activities of the structure would 

convince a reasonable observer that the 

watercraft is designed to a practical 

degree to carry people or things on the 

water. 

In accordance with Lozman, to 

determine if an FOF is a vessel or a nonvessel, OCMIs must decide whether a 

particular FOF was designed to a 

practical degree for carrying people or 

things over the water. Due to the many 

existing configurations of FOFs and 

ever-increasing technology 

advancement in the energy exploration 

field, it is not possible to make a blanket 

determination for all FOFs. 

Determinations need to be conducted on 

a case-by-case basis. The policy letter 

directs OCMIs to look at the following 

factors when making determinations. 

1. Whether the FOF has a mode of selfpropulsion, steering mechanisms, navigation 

equipment, dynamic positioning equipment, 

or operating station. 

2. Whether the FOF has a traditional hull. 

3. Whether the FOF was meant to be towed 

into place and ‘‘securely and substantially’’ 

moored to the seabed for a long period of 

time. 

4. Whether it takes substantial monetary 

investment and a long lead-time to move the 

FOF from its anchored position or is capable 

of emergency disconnect allowing the FOF to 

float free or be underway. 

The policy letter makes clear that the 

above list is not exhaustive and the 

existence of any one of these factors 

does not necessarily mean that an FOF 

is a vessel. The OCMI must holistically 

consider all of the facts, including 

taking into account the physical 

characteristics and activities of the FOF, 

to determine if it is designed to a 

practical degree for carrying people or 

things over water. 

In addition to being available along 

with other Coast Guard guidance 

documents at https://www.uscg.mil/ 

guidance, a complete copy of CG–OES 

Policy Letter 01–22, Determination of 

Whether a Floating Outer Continental 

Shelf Facility (FOF) is a Vessel is 

available in the docket at https://

www.regulations.gov and also at https:// 

www.dco.uscg.mil/Our-Organization/ 

Assistant-Commandant-for-PreventionPolicy-CG-5P/Commercial-Regulationsstandards-CG-5PS/office-oes/. 

2. What documentation will the Coast 

Guard provide an owner/operator of a 

non-vessel FOF? 

The Coast Guard will no longer issue 

a Certificate of Inspection (USCG Form 

841) to FOFs that are not vessels. 

Instead, OCMIs will issue non-vessel 

FOFs a Floating OCS Facility 

Determination Letter and a Floating 

OCS Facility Certificate of Inspection 

(FOF COI). The Facility Determination 

Letter will identify whether or not the 

unit is a vessel. The FOF COI letter will 

identify expectations the Coast Guard 

has for the inspection and maintenance 

of the particular non-vessel FOF, based 

on existing Coast Guard regulations. See 

the enclosures to CG–OES Policy Letter 

01–22 for a sample Floating OCS 

Facility Determination Letter and a 

sample Floating OCS Facility Certificate 

of Inspection. 

This change is being made to account 

for the fact that non-vessel FOFs are not 

subject to inspection under 46 U.S.C. 

3301 and thus do not require a 

certificate of inspection under 33 U.S.C. 

3309. The use of FOF Determination 

Letters and FOF COI Letters in place of 

the USCG Form 841 is in accordance 

with existing Coast Guard regulations. 

Section 143.120 of 33 CFR requires an 

OCMI to issue a ‘‘certificate of 

inspection’’ but does not require the use 

of USCG Form 841. FOFs that are U.S. 

documented vessels will be issued a 

USCG Form 841. 

3. What are the manning requirements 

for vessel and non-vessel FOFs? 

The OCMI’s authority to place 

manning requirements on an FOF 

depends on whether the unit is a vessel. 

Vessel FOFs. For FOFs that are U.S. 

documented vessels, consistent with 

current practice, their Coast Guard 

Certificate of Inspection (COI) (USCG 

Form 841) will contain the required 


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7718 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

4 D8 Policy Letter 08–2001 is available at https:// 

www.dco.uscg.mil/Portals/9/OCSNCOE/References/ 

Policy-Letters/D8/D8-PL-08-2001

.pdf?ver=XemXFtSnbUCVYl0M1brmIw%3d%3d. 

5The Coast Guard does not anticipate any 

currently operating FOFs will be determined to be 

a vessel. But, modifications to a currently operating 

unit or a new unit that comes on line in the future 

could be classified as a vessel. 

6 46 CFR 10.107 (definition of ‘‘seagoing 

service’’.) 

manning. An OCMI may require 

manning of vessel FOFs under 46 U.S.C. 

3301 and 3306 and regulations 

promulgated in 46 CFR, chapter I, 

subchapter B, part 15—Manning 

Requirements. 

Non-vessel FOFs. OCSLA does not 

prescribe particular manning 

requirements with the exception of 43 

U.S.C. 1356, which imposes U.S. 

citizenship requirements to units that 

conduct activities under OCSLA 

jurisdiction. For FOFs that are not 

vessels, OCMI manning authority is 

limited to the regulations promulgated 

under 33 CFR chapter I, subchapter N— 

Outer Continental Shelf Activities, 

which is limited to a Person In Charge. 

In association with this clarification 

of requirements, the Coast Guard is 

canceling: USCG District 8 Policy Letter 

08–2001, Licensing Requirements for 

personnel on Non-Self-Propelled 

Floating OCS Facilities. 

4. Credentialing of Personnel Serving on 

FOFs 

The Coast Guard is announcing the 

availability of CG–MMC Policy Letter 

01–22, Merchant Mariner Credential 

Endorsements for Service on Floating 

Outer continental Shelf (OCS) Facilities. 

This letter cancels Eighth District (D8) 

Policy Letter 08–2001, Licensing 

Requirements for Personnel on Non-Self 

Propelled Floating Outer Continental 

Shelf (OCS) Facilities, and outlines the 

new credentialing policies concerning 

personnel serving on FOFs.4

Effective 30 days from the issuance of 

CG–MMC Policy Letter 01–22, the Coast 

Guard will no longer issue original 

MMC officer endorsements that are 

restricted to service on specific types of 

FOFs, referred to as Floating Offshore 

Instillations (FOI) in endorsements. This 

applies to the following endorsements: 

• Offshore Installation Manager 

(Active Ballast FOI); 

• Offshore Installation Manager 

(Passive Ballast FOI); 

• Barge Supervisor (Active Ballast 

FOI); 

• Barge Supervisor (Passive Ballast 

FOI); 

• Ballast Control Operator (Active 

Ballast FOI); and 

• Ballast Control Operator (Passive 

Ballast FOI). 

The Coast Guard will continue to 

issue the following original 

endorsements to mariners meeting 

applicable service and training 

requirements specified in 46 CFR part 

11: 

• Offshore Installation Manager (OIM) 

[46 CFR 11.470]: 

Æ OIM Unrestricted; 

Æ OIM Surface Units on Location; 

Æ OIM Surface Units Underway; 

Æ OIM Bottom Bearing Units on 

Location; and 

Æ OIM Bottom Bearing Units 

Underway; 

• Barge Supervisor (without 

restriction to specific MODU or FOF 

types) [46 CFR 11.472]; and 

• Ballast Control Operator (without 

restriction to specific MODU or FOF 

types) [46 CFR 11.474]. 

There are currently 47 mariners who 

hold one or more of the endorsements 

listed above. Considering that some 

FOFs may be found to be vessels, not 

allowing these endorsements could 

result in taking something of present or 

potential value from the mariners who 

hold them.5 Accordingly, the Coast 

Guard will continue to renew the 

endorsements listed above. 

Mariners who served aboard FOFs 

that have been determined to not be 

vessels will need to renew their MMCs 

under provisions in 46 CFR 10.227(e) 

that are applicable to mariners who do 

not have evidence of at least one year 

of service during the past five years. 

Mariners who served on FOFs found to 

be vessels may use their service to 

renew their endorsements under 46 CFR 

10.227(e)(1). 

The Coast Guard can only credit 

seagoing service for qualifying for MMC 

endorsements if it was obtained on a 

vessel.6 Accordingly, service on FOFs 

that are not vessels will not be accepted 

as service for qualifying for an original 

or raise of grade of an MMC 

endorsement. Service on FOFs that are 

not vessels may only be accepted if it is 

found to be ‘‘closely related service’’ as 

specified in 46 CFR 10.232(g) to renew 

an MMC. 

The Coast Guard will discontinue 

approving stability and ballast control 

courses and courses that substitute for a 

Coast Guard administered examination 

that are valid only for the FOF 

endorsements noted in the second 

paragraph of section four above. These 

approved courses will not be renewed 

upon expiration. If a stability course or 

in lieu of examination course is 

approved for both an endorsement being 

discontinued and one or more of the 

endorsements described in 46 CFR 

11.470, 11.472, or 11.474 the course 

approval will be amended to omit 

meeting requirements for the FOF 

endorsements noted above. 

In addition to being available along 

with other Coast Guard guidance 

documents at https://www.uscg.mil/ 

guidance, a complete copy of CG–MMC 

Policy Letter 01–22, Merchant Mariner 

Credential Endorsements for Service on 

Floating Outer Continental Shelf (OCS) 

Facilities, is available in the docket at 

https://www.regulations.gov and also at 

https://www.dco.uscg.mil/OurOrganization/Assistant-Commandantfor-Prevention-Policy-CG-5P/ 

Commercial-Regulations-standards-CG5PS/Office-of-Merchant-MarinerCredentialing/CG-MMC-2/CG-MMC-2-

New-Policies/. 

Dated: February 4, 2022. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards. 

[FR Doc. 2022–02707 Filed 2–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R08–OAR–2020–0742; FRL–9082–02– 

R8] 

Approval and Promulgation of the 

Northern Cheyenne Tribe’s Tribal 

Implementation Plan; Northern 

Cheyenne Tribe; Open Burning Permit 

Program and Maintenance of the 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a Tribal 

Implementation Plan (TIP) submitted by 

the Northern Cheyenne Tribe (Tribe) on 

September 25, 2017, as described in our 

February 26, 2021 proposal. The TIP 

includes ambient air quality standards 

and provisions for an open burning 

permit program, enforcement and 

appeals, and emergency authority. 

These provisions establish a base TIP 

that is suitable for the Northern 

Cheyenne Indian Reservation and four 

tribal trust parcels at issue 

(Reservation), is within the Tribe’s 

regulatory capacities, and meets all 

applicable minimum requirements of 

the Clean Air Act (CAA or Act) and EPA 

regulations. The effect of this action is 

to make the approved TIP federally 

enforceable under the CAA and to 

further protect air quality on the 

Reservation. 


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