Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 29439 

46°44′29.4′′ N, longitude 92°03′57.5′′ W; 

thence to the point of beginning (NAD 

1983). This area is also the Special 

Anchorage Area for Duluth-Superior 

Harbor as designated in 33 CFR 

§ 110.77a. 

(b) Special Local Regulations. The 

regulations of § 100.901 apply. No 

vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(c) Effective Date. This event occurs 

the second weekend in July. The exact 

dates and times for this event will be 

determined annually and published 

through Local Notice to Mariners and 

Broadcast Notice to Mariners. 

6. Add § 100.925 to read as follows: 

§ 100.925 Grand Marais Splash In, Grand 

Marais, MI. 

(a) Regulated Area. A regulated area is 

established to include all waters of Lake 

Superior within a 1500-foot radius of 

position 46°40.37′ N, 085°58.74′ W 

(NAD 1983). 

(b) Special Local Regulations. The 

regulations of § 100.901 apply. No 

vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(c) Effective Date. This event occurs 

the third week in June. The exact dates 

and times for this event will be 

determined annually and published 

through Local Notice to Mariners and 

Broadcast Notice to Mariners. 

Dated: June 8, 2009. 

M.J. Huebschman, 

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

Port Sault Sainte Marie. 

[FR Doc. E9–14552 Filed 6–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 146 

[Docket Number USCG–2008–1088] 

RIN 1625–AB28 

Notice of Arrival on the Outer 

Continental Shelf 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

enhance maritime domain safety and 

security awareness on units and 

personnel engaging in activities on the 

Outer Continental Shelf by proposing 

regulations which will require notice of 

arrival for units planning to engage in 

Outer Continental Shelf activities. The 

proposed rules would implement 

provisions of the Security and 

Accountability for Every Port Act of 

2006 and increase overall maritime 

domain awareness by requiring owners 

or operators of United States and foreign 

flag floating facilities, mobile offshore 

drilling units, and vessels to submit 

notice of arrival information to the 

National Vessel Movement Center prior 

to engaging in Outer Continental Shelf 

activities. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before September 21, 2009 or 

reach the Docket Management Facility 

by that date. 

Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before September 21, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–1088 using any 

one of the following methods: 

(1) Federal eRulemaking Portal 

http://www.regulations.gov; 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Collection of Information Comments: 

If you have comments on the collection 

of information discussed in section V.D. 

of this notice of proposed rulemaking 

(NPRM), you must also send comments 

to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget. To ensure that 

your comments to OIRA are received on 

time, the preferred methods are by email to oira_submission@omb.eop.gov 

(include the docket number and 

‘‘Attention: Desk Officer for Coast 

Guard, DHS’’ in the subject line of the 

e-mail) or fax at 202–395–6566. An 

alternate, though slower, method is by 

U.S. mail to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

ATTN: Desk Officer, U.S. Coast Guard. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. James M. Magill, 

Vessel and Facility Operating Standards 

Division (CG–5222), Coast Guard; 

telephone 202–372–1414, e-mail 

James.M.Magill@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

IV. Discussion of Proposed Rule 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–1088), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comments online, go 

to http://www.regulations.gov, select the 


sroberts on PROD1PC70 with PROPOSALS
29440 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 

1 33 U.S.C. 1223 note (West 2009). 

2As defined in 1 U.S.C. 3 (and reiterated in part 

140 of this subchapter) a vessel is ‘‘every 

description of watercraft or other artificial 

contrivance used, or capable of being used, as a 

means of transportation on water.’’ This definition 

includes those units we propose to regulate with 

this rulemaking (i.e., floating facilities, MODUs, and 

vessels engaging in OCS activities). 3H.R. 4954, 152nd Cong. (2006). 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–1088’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that 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 and may change this proposed 

rule based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–1088 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. If you do not have 

access to the internet, you may view the 

docket online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting 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. 

II. Abbreviations 

DHS Department of Homeland 

Security 

FR Federal Register 

ISM International Safety Management 

ISSC International Ship Security 

Certificate 

MMS Minerals Management Service 

MODU Mobile Offshore Drilling Unit 

NAICS North American Industry 

Classification System 

NOA Notice of Arrival 

NOA OCS Notice of Arrival on the 

Outer Continental Shelf 

NPRM Notice of Proposed Rulemaking 

NTTAA National Technology Transfer 

and Advancement Act, 15 U.S.C. 272 

note 

NVMC National Vessel Movement 

Center 

OCS Outer Continental Shelf 

OIRA Office of Information and 

Regulatory Affairs 

OMB Office of Management and 

Budget 

RFA Regulatory Flexibility Act, 5 

U.S.C. 601–612 

SAFE Port Act Security and 

Accountability For Every Port Act of 

2006, Pub. L. No. 109–347, 120 Stat. 

1884 (2006) 

U.S.C. United States Code 

U.S.C.A. United States Code 

Annotated 

III. Background 

Congress and the President enacted 

the Security and Accountability for 

Every Port Act of 2006 (SAFE Port Act), 

Public Law No. 109–347, 120 Stat. 1884 

on October 13, 2006. Section 109 of the 

SAFE Port Act 1 requires publication, 

within 180 days of enactment, of 

regulations that ‘‘update and finalize’’ 

notice of arrival (NOA) procedures for 

foreign vessels 2 on the Outer 

Continental Shelf (OCS). Additionally, 

the SAFE Port Act requires that the 

regulations ‘‘be consistent with 

information required under the Notice 

of Arrival section 160.206 of title 33, 

Code of Federal Regulations as in effect 

of the date of enactment of the Act.’’ 

SAFE Port Act Section 109 

The legislative history for the SAFE 

Port Act relating to the ‘‘update and 

finalize’’ language found in section 109 

provides no specific direction for 

implementing that section. The Senate 

version of the bill contains the section 

109 provisions and the House of 

Representatives bill does not. The 

Congressional record does not otherwise 

elucidate the requirement. The House of 

Representatives Conference Report 

reveals only that both houses of 

Congress adopted section 109 without 

additional discussion.3

Other Coast Guard NOA OCS 

Regulations, 33 CFR 146.202 

The Coast Guard does, however, have 

existing OCS regulations to inform this 

proposed rule. On March 4, 1982, in 

response to enactment of the Outer 

Continental Shelf Lands Act 

Amendments of 1978, the Coast Guard 

published a final rule entitled Outer 

Continental Shelf Activities (47 FR 

9366). The rule impacted requirements 

for design, equipment, operations, 

manning, inspections and investigations 

for facilities, vessels, and other units 

(domestic and foreign) engaged in OCS 

activities. The rule is intended to ensure 

that foreign mobile offshore drilling 

units operating on the OCS meet the 

manning and safety standards 

comparable to those met by U.S. units. 

One provision, 33 CFR 146.202, made 

effective by the 1982 final rule, 

specifically addresses NOA or 

relocation of any MODU on the OCS. 

That section provides that an owner of 

any MODU engaged in OCS activities 

shall, 14 days before arrival of the 

MODU on the OCS or as soon thereafter 

as practicable, notify the District 

Commander for the area in which the 

MODU will operate of: (1) The MODU’s 

name, nationality, and designation 

assigned for identification under 30 CFR 

250.37; (2) the location and year that the 

MODU was built; (3) the name and 

address of the owner, and the owner’s 

local representative, if any; (4) 

classification or inspection certificates 

currently held by the MODU; (5) the 

location and date that operations are 

expected to commence, and their 

anticipated duration; and (6) the 

location and date that the MODU will be 

available and ready for inspection by 

the Coast Guard. In addition, once a 

MODU is located on the OCS, the owner 

of the unit shall notify the District 

Commander before relocating the unit. 

Section 146.202 is the only Coast Guard 

NOA requirement for foreign vessels 

(specifically MODUs) on the OCS 

effective at this time, and its purpose is 

to assist District Commanders in 

gathering information on MODUs prior 

to inspection of those units. 

Consistency With 33 CFR 160.206 

The Coast Guard also has recently 

updated NOA rules. In response to the 

terrorist attacks of September 11, 2001, 

the Coast Guard published, on February 

28, 2003, the final rule entitled 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 29441 

Notification of Arrival in U.S. Ports (68 

FR 9537). The rule enhanced 

notification of arrival and departure 

requirements for U.S. and foreign 

vessels bound for, or departing from, 

ports or places in the United States. The 

rule also increased, from 24 hours to 96 

hours, the advance notice a vessel must 

submit to the National Vessel Movement 

Center (NVMC); described the 

timeframes for updating an NOA; and 

added more information to the list of 

items that must be submitted, as part of 

the NOA, to the NVMC. Pursuant to that 

rule, specifically 33 CFR 160.206, the 

information items submitted to the 

NVMC include: Vessel information; 

voyage information; cargo information; 

information for each crewmember 

onboard; information for each person 

onboard in addition to the crew; 

operational condition of equipment; 

International Safety Management (ISM) 

code notice; Cargo Declaration; and 

International Ship and Port Facility 

code (ISPS) notice. The Coast Guard 

collects this information to ensure, to 

the extent practicable, public safety, 

security and the uninterrupted flow of 

commerce. 

Coast Guard Action 

After considering the legislative 

history related to SAFE Port Act section 

109 and current NOA rules, the Coast 

Guard has determined that pursuant to 

section 109 of the SAFE Port Act, 

‘‘updating and finalizing’’ our current 

NOA OCS rules requires proposing and 

finalizing NOA OCS rules, which will 

be: (1) In addition to those found at 

§ 146.202 for MODUs, and (2) consistent 

with the NOA requirements of § 160.206 

for vessels bound for, or departing from, 

ports or places in the United States. 

This rulemaking begins the process of 

meeting those section 109 requirements. 

It also proposes extending those NOA 

OCS requirements to U.S. floating 

facilities, MODUs, and vessels (arriving 

on, and engaging in, OCS activities from 

foreign ports or places) under the 

authority of the Outer Continental Shelf 

Lands Act, 43 U.S.C. 1356 (2007) and 

the Ports and Waterways Safety Act, 33 

U.S.C. 1226 (2007). Extending the NOA 

OCS requirements to U.S. vessels is 

essential for overall maritime domain 

safety and security awareness. 

Moreover, obtaining knowledge of all 

individuals and vessels engaging in OCS 

activities will better equip the Coast 

Guard to prevent and respond to a safety 

or security incident on the OCS. 

IV. Discussion of Proposed Rule 

The Coast Guard is the lead Federal 

agency for maritime safety and security 

on the OCS, and is concerned with the 

safe operation and manning of vessels 

engaged in OCS activities. As such, the 

Coast Guard remains focused on 

monitoring the safe operation of vessels 

entering the United States OCS, and on 

protecting the United States from 

vessels that could be used as weapons, 

or as a point of entry in attacks against 

the United States. Consistent with these 

concerns and the mandates of the SAFE 

Port Act, this rulemaking proposes new 

NOA requirements for certain floating 

facilities, MODUs, and vessels engaging 

in OCS activities as a method of 

increasing U.S. maritime domain safety 

and security awareness. These 

amendments will assist the Coast Guard 

in responding to an OCS incident and 

enhance public safety, security, and the 

uninterrupted flow of commerce. 

Consistent with 33 CFR part 160, 

subpart C, this rulemaking specifically 

proposes that owners or operators of 

U.S. and foreign flag floating facilities, 

MODUs, and vessels engaging in OCS 

activities, with the exception of those 

U.S. units traveling directly from U.S. 

ports or places, notify the NMVC at least 

96 hours before their intended arrival on 

the OCS. If voyage time to the OCS is 

less than 96 hours, then this rulemaking 

proposes shorter notice requirements. 

U.S. flag units arriving on the OCS 

directly from a U.S. port or place will 

not be required to submit the safety and 

security information proposed in this 

rule because the Coast Guard has greater 

maritime domain awareness over these 

vessels coming from a U.S. port (as they 

will have previously submitted similar 

safety and security information items 

under 33 CFR 160.202(a) and 160.206, 

unless exempted under § 160.203), and 

as such they represent a comparatively 

lower safety and security risk. 

Proposed §§ 146.103, 146.104, 146.215, 

and 146.405 

In accordance with section 109 of the 

SAFE Port Act, the Coast Guard 

proposes that the information items 

submitted for purposes of NOA OCS by 

owners or operators of floating facilities, 

MODUs, and vessels engaging in OCS 

activities be consistent, to the extent 

practicable, with information currently 

submitted under 33 CFR 160.206 for 

U.S. and foreign vessels bound for, or 

departing from, ports or places in the 

United States. 

NOA for U.S. and Foreign Facilities and 

MODUs 

Specifically, in §§ 146.103, 146.104, 

and 146.215 for U.S. and foreign floating 

facilities and MODUs, we propose: 

When and How To Submit the NOA 

If the voyage time to the OCS is 96 

hours or greater, we propose that the 

owner or operator planning to conduct 

OCS activities submit an initial NOA to 

the NVMC not less than 96 hours in 

advance of their arrival on the OCS. If 

the voyage time is less than 96 hours, 

we propose that the owner or operator 

planning to conduct OCS activities 

submit an initial NOA to the NVMC not 

less than 24 hours in advance of their 

arrival on the OCS. 

We propose that the owner or 

operator electronically submit the NOA 

to the NVMC at http:// 

www.nvmc.uscg.gov/ by clicking on the 

link labeled ‘‘Submit NOA online’’ and 

following the instructions for 

submission. 

Information Items Submitted to NVMC 

The Coast Guard proposes that the 

NOA submission include the following 

information: The location of the floating 

facility or MODU at the time the NOA 

is reported; the area designation and 

block number where the unit will 

operate, if applicable; the floating 

facility’s name, if any; the date when 

OCS activities are expected to begin and 

end; the names of the last two ports or 

places visited and the associated dates 

of arrival and departure; select 

information for each individual onboard 

the floating facility or MODU; the date 

of issuance of the International Safety 

Management Certificate; and the date of 

issuance of the International Ship 

Security Certificate. 

Updating an NOA 

There may be instances where the 

owner or operator becomes aware that 

the floating facility or MODU will not 

arrive on the OCS within the timeframe 

originally reported to the NVMC. In 

those instances, we propose that the 

owner or operator update the NOA by 

revising and re-submitting the NOA. If 

the new estimated time of arrival on the 

OCS differs by more than 24 hours from 

the initial or most recently submitted 

NOA, then we propose that the owner 

or operator submit a revised NOA not 

less than 24 hours before the floating 

facility or MODU arrives at their 

destination on the OCS. If the new 

estimated time of arrival on the OCS 

differs by less than 24 hours from the 

initial or most recently submitted NOA, 

then we propose that the owner or 

operator of the floating facility or 

MODU submit an updated NOA not less 

than 12 hours before arrival on the OCS. 

We propose that owners and operators 

refrain from submitting updated NOAs 

for changes in arrival times that are less 


sroberts on PROD1PC70 with PROPOSALS
29442 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 

4Estimated sources: (1) Collection of Information, 

OMB Control Number 1625–0100, ‘‘Advance Notice 

of Arrival and Electronic Transmission of Vessel 

Transit Data’’; and (2) Notice of Proposed 

Rulemaking, ‘‘Vessel Requirements for Notices of 

Arrival and Departure, and Automatic Identification 

System’’ [USCG–2005–21869]. 

5We estimate present value 10-year costs are 

$12,500 to $21,500 at a three percent discount rate 

(rounded). 

6Source: http://www.rigzone.com/data/dayrates/ 

(2008). 

than 6 hours; changes in the location of 

the vessel or floating facility at the time 

of reporting; and changes in personnel 

positions. 

NOA for U.S. and Foreign Vessels 

For consistency, in proposed 

§ 146.405, NOA for U.S. and foreign 

vessels engaging in OCS activities, we 

have directly referenced 33 CFR Table 

160.206 as the proposed information to 

be submitted by the vessel owner or 

operator. We propose that each item 

listed in the table be submitted with the 

exception of item (2)(iii), voyage 

information for each port or place in the 

United States to be visited, and item (6), 

the state and operational condition of 

equipment as required by § 164.35. Each 

vessel should have access to the 

remaining information items found in 

the table, because those items are the 

same as that which is currently required 

from U.S. and foreign vessels bound for, 

or departing from, ports or places in the 

United States. 

We propose that the method and 

timeframes for submission of the NOA 

to the NVMC be consistent with those 

proposed for floating facilities and 

MODUs. 

Towing Vessels on the OCS 

In each of the preceding sections, we 

propose that owners and operators of 

towing vessels controlling a unit (i.e., 

floating facility, MODU, or other vessel), 

or units, required to submit a NOA 

under this subpart submit only one 

combined NOA containing the 

information required for the towing 

vessel and each unit under its control. 

Specifically, the combined NOA 

would include the information items 

required for vessels under proposed 

§ 146.405 (for vessels) as well as those 

information items required for floating 

facilities under §§ 146.103 or 146.104, 

or those required for MODUs under 

§ 146.215, as appropriate. Towing 

vessels with a vessel in tow will submit 

the NOA information items found in 

§ 146.405 for both vessels. 

V. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we provide analyses based on 13 

of these statutes or executive orders. 

A. Regulatory Planning and Review 

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. 

The Coast Guard proposes this 

rulemaking as a method of enhancing 

maritime safety and security and 

meeting the Congressional mandates of 

the SAFE Port Act. This rulemaking 

would require certain U.S. and foreign 

owners or operators of floating facilities, 

MODUs, and vessels to submit NOA 

information to the NVMC prior to 

engaging in OCS activities. Details on 

the purpose, background, and proposed 

requirements of this rulemaking are 

summarized elsewhere in this NPRM. 

Based on industry information from 

the National Offshore Advisory 

Committee (NOSAC), we estimate that 

there are 7 to 12 arrivals on the OCS 

each month for a total of 84 to 144 

annual arrivals on the OCS each year. 

We also estimate that approximately 95 

percent of the OCS units affected under 

this rulemaking would be foreign flag. 

The additional costs of this 

rulemaking to industry are the proposed 

NOA reporting requirements. We 

estimate that one NOA requires 30 

minutes to complete plus a transmittal 

fee of $2 per submission.4 Similar to 

other NOA reporting analyses, we use 

an average loaded wage rate of 

approximately $31 per hour to estimate 

the labor costs for NOA reporting 

activities. 

Based on the arrival data and the 

reporting time and cost information, we 

estimate the annual cost of this 

rulemaking to be $1,470 to $2,520 (nondiscounted). We estimate the present 

value 10-year cost of this rulemaking to 

be $10,300 to $17,700 at a 7 percent 

discount rate (rounded).5

We expect the primary benefit of this 

rulemaking would be enhanced 

maritime domain awareness. This rule 

would provide assurance that OCS units 

communicate the necessary information 

to the Coast Guard. We also expect the 

proposed NOA requirements would 

provide the Coast Guard additional 

information and detail on the volume 

and type of traffic on the OCS. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601–612), we have 

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-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard expects that the 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

We estimate most affected owners and 

operators would be classified under one 

of the following North American 

Industry Classification System (NAICS) 

6-digit codes: 211111—Crude Petroleum 

and Natural Gas Extraction, 336611— 

Ship Building and Repairing, or 

333132—Oil and Gas Field Machinery 

and Equipment Manufacturing. 

According to the Small Business 

Administration (SBA) size standards, a 

company with NAICS code 211111 or 

333132 employing less than 500 

employees or NAICS code 336611 

employing less than 1,000 employees is 

considered a small entity. 

As discussed elsewhere in this NPRM, 

we estimate that approximately 95 

percent of the affected OCS units under 

this rulemaking are foreign owned. The 

RFA clarifies that a small business is an 

entity organized for profit, with a place 

of business located in the United States, 

and that operates primarily within the 

United States or that makes a significant 

contribution to the U.S. economy 

through payment of taxes or use of 

American products, materials or labor. 

We anticipate the majority of affected 

entities are not located within the 

United States nor do they make a 

significant contribution through 

payment of U.S. taxes. 

We expect the proposed rule would 

not have a significant economic impact 

on any entities since the costs of this 

rulemaking are small and the cost 

burden per NOA submission is only 

about $18. 

We also investigated other types of 

data sources and information that would 

be useful to estimate the impacts of this 

rulemaking on small entities. For 

example, MODU units that operate on 

the OCS are capital intensive and have 

high day rates. The average day rate of 

floating rigs operating on the OCS may 

exceed $250,000.6 For expository 

purposes, we analyzed the annual costrevenue impacts of this rulemaking on 

owners and operators of MODUs that 

have a Coast Guard Certificate of 

Compliance. Based on this information, 

we estimated that the small annual 

reporting cost of this rulemaking would 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 29443 

have no significant economic impact on 

the annual revenues of these owners 

and operators. 

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 rulemaking 

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 rulemaking would economically 

affect it. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 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 proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

Mr. James M. Magill, Vessel and Facility 

Operating Standards Division (CG– 

5222), telephone 202–372–1414. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

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). 

D. 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). It would require a 

revision to an existing collection. The 

following is a summary of the burden 

associated with the revision. 

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 collection, 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. 

This proposed rule would amend the 

collection of information requirements 

for vessel owners and operators. The 

rule would require modifying the 

burden in the previously approved 

collection under OMB Control Number 

1625–0100. 

Title: Advance Notice of Arrival and 

Electronic Transmission of Vessel 

Transit Data. 

OMB Control Number: 1625–0100. 

Summary of the Collection of 

Information: The proposed rule would 

require vessel owners and operators to 

submit an advance notice of arrival 

electronically to the NVMC. This 

requirement would require a change in 

the previously approved OMB 

Collection 1625–0100 because it 

expands the NOA requirement to 

include units engaging in OCS 

activities. 

Proposed Use of Information: The 

Coast Guard would use the information 

to enhance maritime domain awareness. 

Description of the Respondents: The 

respondents are vessel owners and 

operators who arrive on the OCS from 

foreign ports and engage in OCS 

activities. 

Number of Respondents: The 

proposed rule would increase the 

number of respondents in this OMBapproved collection by no more than 

144 respondents. See the ‘‘Regulatory 

Planning and Review’’ section for more 

details on the respondents affected by 

this proposed rule. 

Frequency of Response: The proposed 

rule would increase the annual number 

of responses in this OMB-approved 

collection by no more than 144 

responses. OCS units such as MODUs 

and floating production facilities may 

stay on the OCS for long periods, such 

as a year or more, so we do not expect 

these units to have more than one NOA 

submittal per year. 

Burden of Response: We estimate the 

burden of this proposed rule to be the 

preparation and submission of the NOA. 

Based on discussion in the ‘‘Regulatory 

Analysis’’ section of this NPRM, we 

estimate that it would take 30 minutes 

to prepare and submit an NOA to the 

NVMC. 

Estimate of Total Annual Burden: The 

annual total burden of this proposed 

rule would be no more than 72 hours. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we will submit a copy of this 

proposed rule to the Office of 

Management and Budget (OMB) for 

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 Coast Guard could 

enforce the collection of information 

requirements in this proposed rule, 

OMB would need to approve the Coast 

Guard’s request to collect this 

information. 

E. 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 proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

F. 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

G. 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. 


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H. 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. 

I. 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 would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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. 

K. Energy Effects 

We have analyzed this proposed 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. 

L. 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

If you disagree with our analysis of 

the voluntary consensus standards 

listed above or are aware of voluntary 

consensus standards that might apply 

but are not listed, send a comment to 

the docket using one of the methods 

under ADDRESSES. In your comment, 

please explain why you disagree with 

our analysis and/or identify voluntary 

consensus standards we have not listed 

that might apply. 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraphs 

34(a) and (d), of the Instruction and 

neither an environmental assessment 

nor an environmental impact statement 

is required. This proposed rule requires 

neither an environmental assessment 

nor an environmental impact statement 

because it merely outlines the 

procedures that owners or operators of 

floating facilities, mobile offshore 

drilling units, and vessels will follow in 

submitting notice of arrival information 

to the Coast Guard’s National Vessel 

Movement Center. A preliminary 

‘‘Environmental Analysis Check List’’ 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule. 

List of Subjects for 33 CFR Part 146 

Continental shelf, Marine safety, 

Occupational health and safety, 

Reporting and recordkeeping 

requirements, Vessels. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 146, as follows: 

PART 146—OPERATIONS 

1. The authority citation for part 146 

is revised to read as follows: 

Authority: 33 U.S.C. 1223,1226; 43 U.S.C. 

1333, 1348, 1350, 1356; Sec. 109, Pub. L. No. 

109–347, 120 Stat. 1884; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 146.103 to read as follows: 

§ 146.103 Safety and Security notice of 

arrival for U.S. floating facilities. 

(a) General. At least 96 hours before 

a U.S. floating facility arrives on the 

OCS, excluding those U.S. floating 

facilities arriving directly from a U.S. 

port or place to engage in OCS activities, 

the owner or operator of the floating 

facility, except as provided in paragraph 

(f) of this section, must submit the 

following information to the National 

Vessel Movement Center (NVMC): 

(1) The location, latitude and 

longitude, of the floating facility at the 

time the notice of arrival (NOA) is 

reported; 

(2) The area designation and block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the floating facility plans to perform 

OCS activities; 

(3) The floating facility’s name, if any; 

(4) The date when OCS operations of 

the floating facility are expected to 

begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the floating 

facility; and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(7) The date of issuance of the floating 

facility’s International Safety 

Management Certificate (ISM), if any, 

and Document of Compliance certificate 

and the name of the flag administration, 

or its recognized representative, that 

issued those certificates; and 

(8) The date of issuance of the floating 

facility’s International Ship Security 

Certificate (ISSC), if any, and the name 

of the flag administration, or the 

recognized security organization 

representing the flag administration, 

that issued the ISSC. 

(b) Methods of submission. The notice 

must be submitted to the NVMC by 

electronic Notice of Arrival and 

Departure format using methods 

specified in the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of a 

U.S. floating facility must revise and resubmit the NOA within the times 

required in paragraph (e) of this section. 

An owner or operator does not need to 


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revise or re-submit an NOA for the 

following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the floating facility at 

the time the NOA is reported; or 

(3) Changes to personnel positions or 

duties on the floating facility. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

U.S. floating facility subject to this 

section must submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners or operators of a floating 

facility must submit an initial NOA at 

least 96 hours before the U.S. floating 

facility arrives at the OCS location 

where it plans to perform OCS 

activities; or 

(2) If the voyage time is less than 96 

hours, owners and operators of a 

floating facility must submit an initial 

NOA at least 24 hours before the U.S. 

floating facility arrives at the OCS 

location where it plans to perform OCS 

activities. 

(e) Required reporting time of an 

update to an NOA. Each floating facility 

subject to this section must submit an 

NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the floating facility must 

provide an updated NOA as soon as 

practicable but at least 24 hours before 

the U.S. floating facility arrives at the 

OCS location where it plans to perform 

OCS activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the floating facility must 

provide an update as soon as practicable 

but at least 12 hours before the U.S. 

floating facility arrives at the OCS 

location where it plans to perform OCS 

activities. 

(f) Towing vessels. When a towing 

vessel controls a U.S. floating facility 

required to submit an NOA under this 

subpart, the owner or operator of the 

towing vessel is responsible for 

submitting only one NOA containing 

the NOA information items required for 

the towing vessel, under § 146.405, and 

the U.S. floating facility under 

paragraph (a) of this section. 

(g) This section does not apply to U.S. 

floating facilities merely transiting the 

waters superjacent to the OCS and not 

engaged in OCS activities. 

3. Add § 146.104 to read as follows: 

§ 146.104 Safety and Security notice of 

arrival for foreign floating facilities. 

(a) General. At least 96 hours before 

a foreign floating facility arrives on the 

OCS to engage in OCS activities, the 

owner or operator of the floating facility, 

except as provided in paragraph (f) of 

this section, must submit the following 

information to the National Vessel 

Movement Center (NVMC): 

(1) The location, latitude and 

longitude, of the foreign floating facility 

at the time the NOA is reported; 

(2) The area designation and block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the foreign floating facility plans to 

perform OCS activities; 

(3) The foreign floating facility’s 

name, if any; 

(4) The date when OCS operations of 

the foreign floating facility are expected 

to begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the foreign 

floating facility; and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(7) The date of issuance of the foreign 

floating facility’s International Safety 

Management Certificate (ISM), if any, 

and Document of Compliance certificate 

and the name of the flag administration, 

or its recognized representative, that 

issued those certificates; and 

(8) The date of issuance of the foreign 

floating facility’s International Ship 

Security Certificate (ISSC), if any, and 

the name of the flag administration, or 

the recognized security organization 

representing the flag administration, 

that issued the ISSC. 

(b) Methods of submission. The notice 

must be submitted to the National 

Vessel Movement Center (NVMC) by 

electronic Notice of Arrival and 

Departure format using methods 

specified at the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of the 

foreign floating facility must revise and 

re-submit the NOA within the times 

required in paragraph (e) of this section. 

An owner or operator does not need to 

revise or re-submit an NOA for the 

following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude 

and longitude, of the foreign floating 

facility at the time the NOA is reported; 

or 

(3) Changes to personnel positions or 

duties on the foreign floating facility. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

foreign floating facility subject to this 

section must submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners or operators of a foreign 

floating facility must submit an initial 

NOA at least 96 hours before the foreign 

floating facility arrives at the OCS 

location where it plans to perform OCS 

activities; or 

(2) If the voyage time is less than 96 

hours, owners or operators of a foreign 

floating facility must submit an initial 

NOA at least 24 hours before the foreign 

floating facility arrives at the OCS 

location where it plans to perform OCS 

activities. 

(e) Required reporting time of an 

update to an NOA. The owner or 

operator of a foreign floating facility 

subject to this section must submit an 

NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the foreign floating facility 

must provide an updated NOA as soon 

as practicable but at least 24 hours 

before the floating facility arrives at the 

OCS location where it plans to perform 

OCS activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the foreign floating facility 

must provide an updated NOA as soon 

as practicable but at least 12 hours 

before the floating facility arrives at the 

OCS location where it plans to perform 

OCS activities. 

(f) Towing vessels. When a towing 

vessel controls a foreign floating facility 

required to submit an NOA under this 

subpart, the owner or operator of the 

towing vessel is responsible for 

submitting only one NOA containing 

the NOA information items required for 

the towing vessel, under § 146.405, and 

the foreign floating facility under 

paragraph (a) of this section. 

(g) This section does not apply to a 

foreign floating facility merely transiting 

the waters superjacent to the OCS and 

not engaged in OCS activities. 

4. Add § 146.215 to read as follows: 


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§ 146.215 Safety and Security notice of 

arrival for U.S. or Foreign MODUs. 

(a) General. At least 96 hours before 

a MODU arrives on the OCS to engage 

in OCS activities, excluding those U.S. 

MODUs arriving directly from a U.S. 

port or place, to engage in OCS 

activities, the owner or operator of the 

MODU, except as provided in paragraph 

(f) of this section, must submit the 

following information to the National 

Vessel Movement Center (NVMC): 

(1) The location, latitude and 

longitude, of the MODU at the time the 

notice of arrival (NOA) is reported; 

(2) The area designation and block 

number or lease number, assigned under 

30 CFR 250.154 for identification, where 

the MODU plans to perform OCS 

activities; 

(3) The MODU’s name, if any; 

(4) The date when operations of the 

MODU are expected to begin and end; 

(5) Names of the last two ports or 

places visited and the associated dates 

of arrival and departure; 

(6) The following information for each 

individual onboard: 

(i) Full name; 

(ii) Date of birth; 

(iii) Nationality; 

(iv) Passport number or marine 

documentation number (type of 

identification and number); 

(v) Position or duties on the MODU; 

and 

(vi) Name of the port, or place, and 

country where the individual embarked. 

(7) The date of issuance of the 

MODU’s International Safety 

Management Certificate (ISM), if any, 

and Document of Compliance certificate 

and the name of the flag administration, 

or its recognized representative, that 

issued those certificates; and 

(8) The date of issuance of the 

MODU’s International Ship Security 

Certificate (ISSC), if any, and the name 

of the flag administration, or the 

recognized security organization 

representing the flag administration, 

that issued the ISSC. 

(b) Methods of submission. The notice 

must be submitted to the National 

Vessel Movement Center (NVMC) by 

electronic Notice of Arrival and 

Departure format using methods 

specified in the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of the 

MODU must revise and re-submit the 

NOA within the times required in 

paragraph (e) of this section. An owner 

or operator does not need to revise or resubmit an NOA for the following: 

(1) A change in submitted arrival time 

that is less than 6 hours; 

(2) Changes in the location, latitude or 

longitude, of the MODU at the time the 

NOA is reported; or 

(3) Changes to personnel positions or 

duties on the MODU. 

(d) Required reporting time of an 

initial NOA. The owner or operator of a 

MODU subject to this section must 

submit an initial NOA: 

(1) If the voyage time is more than 96 

hours, owners and operators of a MODU 

must submit an initial NOA at least 96 

hours before the MODU arrives at the 

OCS location where it plans to perform 

OCS activities; or 

(2) If the voyage time is less than 96 

hours, owners and operators of a MODU 

must submit an initial NOA at least 24 

hours before the MODU arrives at the 

OCS location where it plans to perform 

OCS activities. 

(e) Required reporting time of an 

update to an NOA. The owner or 

operator of a MODU subject to this 

section must submit an NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the MODU must provide an 

updated NOA as soon as practicable but 

at least 24 hours before the MODU 

arrives at the OCS location where it 

plans to perform OCS activities; or 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the MODU must provide an 

updated NOA as soon as practicable but 

at least 12 hours before the MODU 

arrives at the OCS location where it 

plans to perform OCS activities. 

(f) When a towing vessel controls a 

MODU required to submit an NOA 

under this subpart, the owner or 

operator of the towing vessel is 

responsible for submitting only one 

NOA containing the information 

required for the towing vessel, under 

§ 146.405, and the MODU under 

paragraph (a) of this section. 

(g) This section does not apply to 

MODU’s merely transiting the waters 

superjacent to the OCS and not engaged 

in OCS activities. 

5. Revise the heading in Subpart D to 

read as follows: 

Subpart D—Vessels—Notice of 

Casualty 

6. Add Subpart E to read as follows: 

Subpart E—Vessels—Safety and 

Security Notice of Arrival 

§ 146.401 Applicability. 

This subpart applies to all U.S. and 

foreign vessels, except those U.S. 

vessels traveling directly from a U.S. 

port or place, bound for a place on the 

OCS and planning to engage in OCS 

activities. Vessels under this subpart 

include, but are not limited to, standby 

vessels, attending vessels, offshore 

vessels, pipelay vessels, derrick ships, 

diving support vessels, oceanographic 

research vessels, towing vessels, and 

accommodation vessels. This subpart 

does not apply to MODUs, which are 

covered under § 146.215. 

§ 146.405 Safety and Security notice of 

arrival for vessels arriving at a place on the 

OCS. 

(a) General. The owner or operator of 

each vessel subject to this section must 

submit an initial NOA to the National 

Vessel Movement Center (NVMC): 

(1) If the voyage time is more than 96 

hours, at least 96 hours before the vessel 

arrives at a place on the OCS to engage 

in OCS activities; 

(2) If the voyage time is less than 96 

hours and more than 24 hours, before 

departure; or 

(3) If the voyage time is less than 24 

hours, at least 24 hours before the vessel 

arrives at a place on the OCS. 

(b) Information required in an NOA. 

The following information is required 

for vessels submitting an NOA: 

(1) All the information specified in 33 

CFR Table 160.206 with the exception 

of information required in item (2)(iii) 

and item (6). Vessel owners and 

operators should protect any personal 

information they gather in preparing 

notices for transmittal to the NVMC so 

as to prevent unauthorized disclosure of 

that information; 

(2) The Minerals Management Service 

(MMS) area and either the name of the 

place, the MMS block number, or the 

latitude and longitude of the place on 

the OCS to be visited; and 

(3) If any person onboard, including a 

crewmember, is not required to carry a 

passport for travel, then passport 

information required in Table 160.206, 

items (4)(iv) through (vi), and (5)(iv) 

through (vi), need not be provided for 

that person. 

(c) Updates to a submitted NOA. 

Unless otherwise specified in this 

section, whenever the most recently 

submitted NOA information becomes 

inaccurate, the owner or operator of that 

vessel must revise and re-submit the 

NOA within the times required in 

paragraph (e) of this section. An owner 

or operator does not need to revise and 

re-submit an NOA for the following: 


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(1) A change in submitted arrival time 

that is less than six hours; 

(2) Changes in the location, latitude 

and longitude, of the vessel at the time 

the NOA is reported; or 

(3) Changes to personnel positions or 

duties on the vessel. 

(d) Methods of submission. The notice 

must be submitted to the NVMC by 

electronic Notice of Arrival and 

Departure format using methods 

specified at the NVMC’s Web site at 

http://www.nvmc.uscg.gov/. 

(e) Required reporting time of an NOA 

update. Each vessel subject to this 

section must submit an NOA update: 

(1) If the most recently submitted 

NOA, or NOA update, differs by 24 

hours or more from the current 

estimated time of arrival, the owner or 

operator of the vessel must provide an 

update as soon as practicable but at least 

24 hours before the vessel arrives at the 

OCS location where it plans to perform 

OCS activities; 

(2) If the most recently submitted 

NOA, or NOA update, differs by less 

than 24 hours from the current 

estimated time of arrival, the owner or 

operator of the vessel must provide an 

update as soon as practicable but at least 

12 hours before the vessel arrives at the 

OCS location where it plans to perform 

OCS activities; or 

(3) If the remaining voyage time is less 

than 24 hours, the owner or operator of 

the vessel must provide an update as 

soon as practicable, but at least 12 hours 

before the vessel arrives at a place on 

the OCS. 

(f) When a towing vessel controls a 

vessel required to submit an NOA under 

this subpart, the owner or operator of 

the towing vessel is responsible for 

submitting only one NOA containing 

the information required for the towing 

vessel and the vessel under its control. 

(g) This section does not apply to 

vessels merely transiting the waters 

superjacent to the OCS and not engaged 

in OCS activities. 

Dated: June 9, 2009. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. E9–14584 Filed 6–19–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0194] 

RIN 1625–AA00 

Safety Zone; IJSBA World Finals, 

Lower Colorado River, Lake Havasu, 

AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary safety zone on the navigable 

waters of Lake Havasu on the lower 

Colorado River in Arizona in support of 

the International Jet Sports Boating 

Association (IJSBA) World Finals. This 

temporary safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels would be prohibited from 

entering into, transiting through, or 

anchoring within this temporary safety 

zone unless authorized by the Captain 

of the Port San Diego or his designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 22, 2009. Requests for 

public meetings must be received by the 

Coast Guard on or before July 13, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0194 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Petty Officer Kristen 

Beer, USCG, Waterways Management, 

U.S. Coast Guard Sector San Diego, 

Coast Guard; telephone 619–278–7262, 

e-mail Kristen.A.Beer@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0194), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0194’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that 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 and may change 

the rule based on your comments. 


sroberts on PROD1PC70 with PROPOSALS