[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Proposed Rules]
[Pages 23871-23873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11848]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 140

[USCG-2001-9045]
RIN 2115-AG14


Inspections Under, and Enforcement of, Coast Guard Regulations 
for Fixed Facilities on the Outer Continental Shelf by the Minerals 
Management Service

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: We propose to authorize the Minerals Management Service (MMS) 
to perform inspections, on behalf of the Coast Guard, on fixed 
facilities engaged in Outer Continental Shelf activities and to enforce 
Coast Guard regulations applicable to those facilities. MMS already 
performs inspections on these facilities to determine whether they 
comply with MMS regulations. By authorizing MMS to also check for 
compliance with Coast Guard regulations, we avoid duplicating 
functions, reduce Federal costs, and increase the frequency of 
inspections.

DATES: Comments and related material must reach the Docket Management 
Facility on or before July 9, 2001.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2001-9045), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 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 proposed 
rule, contact James M. Magill, Vessel and Facility Operating Standards 
Division (GMMSO-2), telephone 202-267-1082 or fax 202-267-4570. If you 
have questions on viewing or submitting material to the docket, call 
Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 
202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2001-
9045), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments or material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The purpose of this rulemaking is to authorize the Minerals 
Management Service (MMS) to perform inspections on fixed Outer 
Continental Shelf (OCS) facilities engaged in OCS activities and to 
enforce Coast Guard regulations applicable to those facilities for 
compliance with Coast Guard regulations in 33 CFR chapter I, subchapter 
N. The Coast Guard and MMS regulate safety on fixed OCS facilities. MMS 
regulates the structural integrity of the facility, in addition to 
enforcing all regulations pertaining to production and well-work 
activities, such as drilling and workover operations. The Coast Guard 
regulates marine systems, such as lifesaving and navigation equipment, 
and workplace safety and health. Annually, MMS visits all of the fixed 
OCS facilities to inspect for violations in the area of its 
responsibility. The Coast Guard, because of the much fewer number of 
inspectors available, visits less than 10 percent. On December 18, 
1998, MMS and the Coast Guard agreed to review the regulations of both 
agencies to ensure consistency and to eliminate duplication. As part of 
this review, MMS and the Coast Guard decided that, because MMS was 
already visiting all of the fixed OCS facilities at least once a year, 
it would be beneficial to both agencies if MMS was authorized, on 
behalf of the Coast Guard, to inspect and enforce the Coast Guard's 
regulations for fixed OCS facilities. Such an authorization is allowed 
under the Outer Continental Shelf Lands Act, which, in 43 U.S.C. 
1348(a), allows the Coast Guard to use the services and personnel of 
other Federal agencies for the enforcement of its OCS regulations.

Regulatory Evaluation

    This proposed 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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040, February 26, 1979). We expect the 
economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.
    The proposed rule would not impose significant additional costs to 
MMS's inspection program or to the owners of facilities being 
inspected. Owners or operators of each facility would be required to 
incur a slight burden associated with keeping a copy of the annual 
self-inspection form CG-5432 on the facility. This burden is explained 
in detail in the ``Collection of Information'' section. We expect the 
annual cost of this burden to be about $8.25 per facility or $28,776 
for the 3,489 facilities engaged in Outer Continental Shelf activities. 
Using 7 percent as the

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discount rate, the 10-year present value of this cost is $202,110.
    Authorizing MMS to check for compliance with Coast Guard 
regulations would avoid duplicating functions and enhance the 
enforcement of regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    We do not expect this proposed rulemaking to create significant 
additional costs to the MMS or the inspected facilities. This proposed 
rulemaking would authorize MMS to inspect and enforce Coast Guard 
regulations on fixed OCS facilities. Coast Guard personnel currently 
perform these inspections, and authorizing MMS to do so does not reduce 
the number of inspections nor significantly increase the burden placed 
on the affected entities. Though it affects all small entities 
involved, we estimate the additional burden to be $8.25 per facility as 
shown in the ``Regulatory Evaluation'' section of this preamble. We 
further explain this burden and the affected entities in the 
``Collection of Information'' section of this preamble.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult James M. Magill, Vessel and 
Facility Operating Standards Division (GMMSO-2), telephone 202-267-1082 
or fax 202-267-4570.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 
1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Inspection Under, and Enforcement of, Coast Guard 
Regulations for Fixed Facilities on the Outer Continental Shelf by the 
Minerals Management Service.
    Summary of the Collection of Information: This proposed rule would 
require that a copy of form CG-5432, the annual self-inspection report, 
be kept on the facility. This form is already required to be completed 
annually and submitted to the Coast Guard, but a copy is not required 
to be kept on the facility. This proposed rule would require that a 
copy be kept on the facility for use by MMS inspectors. The proposed 
requirement would be added to the already approved collection of 
information OMB 2115-0569.
    Need for Information: A copy of the report is needed on the 
facility to show MMS inspectors that the annual self-inspection has 
been conducted.
    Proposed Use of Information: The copy of form CG-5432 would be used 
to confirm that the self-inspection had been conducted.
    Description of the Respondents: Owners or operators of fixed OCS 
facilities.
    Number of Respondents: We estimate there are 3,489 facilities 
engaged in Outer Continental Shelf activities.
    Frequency of Response: Each year's form CG-5432 would be required 
to be kept on the facility for 2 years.
    Burden of Response: The burden associated with meeting the proposed 
requirement would involve duplicating form CG-5432 so that the original 
can be sent to the Coast Guard, as already required, and a copy kept on 
the facility. We expect this burden to be 15 minutes annually per 
facility.
    Estimate of Total Annual Burden: We estimate that the proposed 
requirement would impose a total annual burden on each facility of 15 
minutes or 872 hours for all fixed OCS facilities. This amount would be 
added to the already approved annual burden associated with OMB 
collection 2115-0569.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this proposed rule to the Office 
of Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that it does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires

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Federal agencies to assess the effects of their regulatory actions not 
specifically required by law. 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 proposed rule would not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(b), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. The proposed rule is excluded 
under paragraph (34)(b) because it is administrative in nature and has 
no environmental effect. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 140

    Continental shelf, Incorporation by reference, Investigations, 
Marine safety, Occupational safety and health, Penalties, Reporting and 
recordkeeping requirements.
    For reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 140 as follows:

PART 140--GENERAL

    1. The authority citation for part 140 continues to read as 
follows:

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; 49 CFR 1.46.

    2. In Sec. 140.10, add, in alphabetical order, the definition of 
``Minerals Management Service inspector'' to read as follows:


Sec. 140.10  Definitions.

* * * * *
    Minerals Management Service inspector or MMS inspector means an 
individual employed by the Minerals Management Service who inspects 
fixed OCS facilities on behalf of the Coast Guard to determine whether 
the requirements of this subchapter are met.
* * * * *
    3. In Sec. 140.101--
    a. Revise the section heading to read as set forth below;
    b. Redesignate paragraphs (b) through (e) as paragraphs (c) through 
(f);
    c. Add a new paragraph (b) to read as set forth below;
    d. In redesignated paragraph (c), before the words ``marine 
inspectors'', add the words ``Coast Guard''; following the words ``OCS 
activities'', add the words ``, and MMS inspectors may inspect fixed 
OCS facilities,''; and, at the end of the last sentence, add the words 
``or MMS''; and
    e. In redesignated paragraph (d), remove the words ``a marine 
inspector'' and add, in their place, the words ``a Coast Guard marine 
inspector or an MMS inspector''; and remove the words ``The marine 
inspector'' and add, in their place, the words ``The Coast Guard marine 
inspector or the MMS inspector''.


Sec. 140.101  Inspection by Coast Guard marine inspectors or Minerals 
Management Service inspectors.

* * * * *
    (b) On behalf of the Coast Guard, each fixed OCS facility engaged 
in OCS activities is subject to inspection by the Minerals Management 
Service (MMS).
* * * * *
    4. In Sec. 140.103--
    a. In paragraph (b), remove ``140.101(e)'' and add, in its place, 
``140.101(f)''; and remove the words ``Marine inspectors'' and add, in 
their place, the words ``marine inspectors and Minerals Management 
Service (MMS) inspectors''; and
    b. In paragraph (c), remove ``140.101(e)'' and add, in its place, 
``140.101(f)''; and at the end of the paragraph, add a sentence to read 
as follows:


Sec. 140.103  Annual inspection of fixed OCS facilities.

* * * * *
    (c) * * * A copy of the completed form must be retained on the 
facility for 2 years after the inspection and made available to MMS on 
request.
* * * * *


Sec. 140.105  [Amended]

    5. In Sec. 140.105--
    a. In paragraph (a), after the words ``during an inspection'', add 
the words ``by a Coast Guard marine inspector or a Minerals Management 
Service (MMS) inspector'';
    b. In paragraph (b), before the words ``is reported to'', add the 
words ``or an MMS inspector''; and, after the words ``time specified by 
the'', remove the words ``Coast Guard'';
    c. In paragraph (c), after the words ``fire fighting equipment 
deficiencies'', add the words ``on fixed OCS facilities''; and remove 
the words ``the OCMI'' wherever they appear and add, in their place, 
``MMS''; and
    d. In paragraph (d), after the words ``Marine Inspection,'' add the 
words ``or MMS (for deficiencies or hazards discovered by MMS during an 
inspection of a fixed OCS facility)''.

    Dated: March 16, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-11848 Filed 5-9-01; 8:45 am]
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