Deepwater Ports

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57643-57694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-22]
[[Page 57644]]

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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 148, 149, and 150
[USCG 1998-3884]
1625-AA20 (Formerly RIN 2115-AF63)

Deepwater Ports

AGENCY: Coast Guard, DHS.
ACTION: Final rule.

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SUMMARY: This final rule supersedes the temporary interim rule that was
published on January 6, 2004. The temporary interim rule revised 1975
regulations that implemented the Deepwater Port Act of 1974. It updated
and streamlined those regulations in accordance with the 1996 Deepwater
Port Modernization Act, and extended them to include the natural gas
deepwater ports authorized by Congress in the Maritime Transportation
Security Act of 2002. This final rule revises and finalizes the
regulations issued in the temporary interim rule.

DATES: This rule is effective September 29, 2006.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-1998-3884 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Kevin Tone, Deepwater Port Standards Division (G-PSO-5), U.S.
Coast Guard, telephone 202-372-1441. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents

Abbreviations and Acronyms
Regulatory History
Background and Purpose
Discussion of Comments and Changes
Regulatory Evaluation
Small Entities
Collection of Information
Federalism
Unfunded Mandates Reform Act
Taking of Private Property
Civil Justice Reform
Protection of Children
Indian Tribal Governments
Energy Effects
Technical Standards
Environment
List of Subjects

Abbreviations and Acronyms

ALJ Law Judge
ATBA Area to be Avoided
COTP Captain of the Port
CTS Cargo Transfer System
CE Certifying Entity
DPA Deepwater Port Act
DPMA Deepwater Port Modernization Act
EPIRB Emergency Position Indicating Radio Beacon
EPA Environmental Protection Agency
GGDWP Gulf Gateway Deepwater Port
IMO International Maritime Organization
LNG Liquefied Natural Gas
LNGRV Liquefied Natural Gas Regasification Vessel
LOOP Louisiana Offshore Oil Port
MARAD Maritime Administration
MTSA Maritime Transportation Security Act
MSDS Material Safety Data Sheet
MOA Memorandum of Agreement
MMS Minerals Management Service
NEPA National Environmental Policy Act
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NGTS Natural Gas Transfer System
NVIC Navigation and Vessel Inspection Circular
NAA No Anchoring Area
NAD 83 North American Datum of 1983
OCMI Officer in Charge of Marine Inspection
OTS Oil Transfer System
OCS Outer Continental Shelf
PIC Person in Charge (of Transfer)
PFD Personal Flotation Device
ROD Record of Decision
SEMP Safety and Environmental Management Program
SART Search and Rescue Transponder
SPM Single Point Mooring
STL Submerged Turret Loading (Buoy)
TIR Temporary Interim Rule

Regulatory History

This rulemaking began with publication of an advance notice of
proposed rulemaking (ANPRM, 62 FR 45774, Aug. 29, 1997). The ANPRM was
followed by a notice of proposed rulemaking (NPRM, 67 FR 37920, May 30,
2002). Both the ANPRM and NPRM confined their discussions to
regulations for deepwater oil ports. In 2002, Congress authorized the
issuance of a temporary interim rule (TIR) without prior public notice
and comment, in order to extend deepwater port regulations to natural
gas facilities. Our TIR (69 FR 724, Jan. 6, 2004) expires October 1,
2006, or upon replacement by a final rule, whichever comes first. We
provided a 90-day public comment period following issuance of the TIR.
Eight comments were received. No public meeting was requested and none
was held. Two corrections were published to the TIR; the first on January
27, 2004 (69 FR 3836) and the second on August 30, 2004 (69 FR 52830).

Background and Purpose

Under existing statutes and interdepartmental agreements, the Coast
Guard maintains regulations for the licensing, construction, and
operation of deepwater ports. As defined in the Deepwater Port Act of
1974 (DPA), a deepwater port is a fixed or floating manmade structure
other than a vessel, or a group of structures, located beyond State
seaward boundaries and used or intended for use as a port or terminal
for the transportation, storage, and further handling of oil or natural
gas for transportation to any State. The Maritime Administration
(MARAD) is responsible for issuing, revoking, and reinstating deepwater
port licenses, but much of the processing required for each license
application is conducted by the Coast Guard, with the cooperation of
MARAD and several other Federal agencies.
The Coast Guard issued its first deepwater port regulations in
1975. Under the 1974 Deepwater Ports Act (DPA) scheme, deepwater ports
could handle oil, but not natural gas. Only one deepwater oil port was
built in the next three decades. To encourage greater use of deepwater
ports, Congress passed a Deepwater Port Modernization Act (DPMA) in
1996. The DPMA sought to ensure fair treatment for deepwater ports by
eliminating unnecessary regulation and promoting innovation,
flexibility, and efficiency. We began this rulemaking in 1997 in order
to implement the DPMA. We issued an NPRM in 2002. Among other
proposals, the NPRM incorporated references to a 1999 NPRM for a
related rulemaking (USCG-1998-3868, RIN 1625-AA18, formerly RIN 2115-
AA18), dealing with Outer Continental Shelf (OCS) facilities.
Several months after we issued our NPRM, the Maritime
Transportation Security Act (MTSA) of 2002 amended the DPA. After that,
deepwater ports were authorized to transport natural gas as well as
oil. The MTSA mandated the rapid promulgation of implementing
regulations. Accordingly, we issued a temporary interim rule (TIR) in
January 2004. The TIR updated the 1975 regulations in light of the 1999
OCS and 2002 deepwater port NPRMs, and public comments received on both
those proposals, and also adapted the 1975 regulations to accommodate
both natural gas and oil deepwater ports. To facilitate development of
natural gas

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facilities, which employ a variety of designs, the TIR eliminated
references to many specific industry standards in favor of imposing
performance-based requirements. In issuing the TIR, we opened a new
round of public comment.
On May 16, 2005, the Coast Guard issued Navigation and Vessel
Inspection Circular No. 03-05 (NVIC 03-05; see notice of availability,
70 FR 33351, June 8, 2005). NVIC 03-05 provides nonbinding guidance to
deepwater port license applicants and operators, to the Coast Guard,
and to ``certifying entities'' that perform certification work on
behalf of the Coast Guard. This guidance relates to the design, plan
review, fabrication, installation, maintenance, and oversight of
deepwater ports. NVIC 03-05 can be found in docket USCG-1998-3884 (see
ADDRESSES).
Under the 2004 regulations, the Coast Guard has processed roughly a
dozen applications for liquefied natural gas (LNG) deepwater ports, an
impressive increase in interest compared to the three oil deepwater
port applications processed, and two licensed, in the previous 30
years. Three applicants have been issued licenses by MARAD, and one LNG
deepwater port is now operational. Each application involves several
volumes of data and requires Federal agency processing, including the
holding of public hearings and the preparation of an environmental
impact statement. Under the strict timeline mandated by the DPA, all of
that processing must be completed in about 11 months. Following the
issuance of a license, additional Federal agency review is needed to
make sure that the facility is developed, operated, and eventually
decommissioned in accordance with its license and with applicable law,
and that any necessary modifications receive proper approval. As a
result, the Coast Guard and its Federal agency partners have acquired
extensive practical experience with the workability of the 2004
regulations. Many of the changes in this final rule reflect that
practical experience.
This final rule takes effect on publication, which is less than the
thirty days ordinarily required by the Administrative Procedure Act. It
has not been possible to complete the final rule earlier. Since the
temporary interim rule expires on October 1, 2006, adhering to the
thirty day rule would cause a temporary lapse in a regulatory scheme
that will remain substantially unchanged since the temporary interim
rule was adopted. This would jeopardize the Coast Guard's ability to
process deepwater port license applications, which would be contrary to
the public interest expressed through the DPA, DPMA, and MTSA.
Therefore, the Coast Guard finds it impracticable, unnecessary, and
contrary to the public interest to delay the effective date of this
final rule, and finds good cause under the Administrative Procedure Act
for the final rule to take effect upon publication.

Discussion of Comments and Changes

In the following pages, we discuss the public comments received on
our 2004 TIR as well as other significant changes we are making to the
regulatory text in this final rule. This discussion begins with a
review of general comments and then moves sequentially through the
three parts of Title 33, Code of Federal Regulations (parts 148, 149,
and 150) that comprise the deepwater port regulations.
Some of the changes are made to align the requirements for plan
submissions and specifications in 33 CFR part 149 with NVIC 03-05, to
ensure consistency in the plan approval process.
Some changes are made in response to comments from the Minerals
Management Service (MMS), which is not a public commenter but one of
the Coast Guard's Federal agency partners in processing deepwater port
applications. Because MMS comments appear in the public docket, we
include them in this discussion as appropriate. Generally we have not
explicitly incorporated MMS requirements, or those of any other Federal
agency, in the final rule because we lack the authority to speak for
them. However, we wish to emphasize that deepwater ports must comply
with all applicable statutes and regulations, regardless of the agency
responsible for their enforcement.
We thank all our commenters for their interest in this rulemaking.
Two commenters made recommendations on vessel routing measures in
and around the Mississippi River, and on watchstanding conditions.
While the suggestions may have merit, we did not incorporate them as
they are outside the scope of this rulemaking.
Sec. 148.3: One commenter asked us to describe the duties and
responsibilities of every Federal agency involved with deepwater ports.
We have retained the very general overview that this section provides,
and added a link to the interagency memorandum that outlines the roles
and responsibilities of agencies cooperating with MARAD and the Coast
Guard.
Sec. 148.5: ``Adjacent coastal State'': We aligned this definition
with the statutory definition from 33 U.S.C. 1502.
Sec. 148.5: ``Affiliate'': One commenter requested that we remove
``indirect'' affiliates from the definition, on the grounds that it
results in the inclusion of every affiliate regardless of the statutory
3% threshold. We are retaining the reference to ``direct or indirect''
ownership interests because it is similar to language that has appeared
in our regulations since 1975, and mirrors the language of 33 U.S.C.
1504, which incorporates ``any ownership interest in the applicant of
greater than 3 per centum'' into 33 U.S.C. 1502's statutory definition
of an ``affiliate.''
Sec. 148.5: ``Applicant'': One commenter requested clarification
of the word ``person'' in this definition. The word is defined later in
this section and means an individual, a public or private corporation,
a partnership or other association, or a government entity.
Sec. 148.5: ``Approved'': One commenter requested that we add ``or
the Administrator of MARAD'' to our definition. Our regulations refer
to MARAD when it is necessary to do so. In this case, we refer only to
Coast Guard approvals.
Sec. 148.5: ``Area to be avoided'' or `` ATBA'': At a commenter's
suggestion, we are revising this definition to provide more information.
Sec. 148.5: ``Certifying entity'' or ``CE'': We have added this
definition due to substantive changes elsewhere in the deepwater port
regulations.
Sec. 148.5: ``Deepwater port'': We have declined one commenter's
request to exclude structures or operations that, under certain
circumstances, are also regulated by another Federal agency, because
our definition closely follows statutory language in 33 U.S.C. 1502.
Sec. 148.5: ``Marine site'': We are revising this definition by
deleting ``ships' routes and anchorages,'' in order to avoid an undue
burden to OCS lease holders and non-deepwater port marine traffic.
Sec. 148.5: ``Maritime Administration'' or ``MARAD'': We have
revised this definition to refer specifically to the associate
administrator currently responsible for deepwater port matters.
Sec. 148.5: ``Metering platform'': At a commenter's suggestion, we
revised this definition to clarify that these platforms measure, but do
not necessarily control, the rate of transfer.
Sec. 148.5: ``Natural gas liquids'': We are adding this definition
in response to one commenter's suggestion.
Sec. 148.5: ``Person in Charge (PIC)'': Due to common usage, we
added a definition for a person in charge (of transfer), abbreviated as
PIC, to distinguish it from other persons in charge (for example, of
vessel operations, of maintenance, etc.), that are not abbreviated by PIC.
Sec. 148.5: ``Routing systems'': At a commenter's suggestion, we
are revising

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this definition to provide more information and to align terminology
with international standards.
Sec. 148.5: ``Safety zone'': At a commenter's suggestion, we are
revising this definition to provide more information.
Sec. 148.5: ``Survival craft'': We have revised this definition to
align it with Sec. 149.303.
Sec. 148.8: We added this section to describe how a certifying
entity is designated and used to perform functions for which the Coast
Guard is responsible.
Part 148, subpart B (Sec. Sec. 148.100-148.125): One commenter
asked us to cross-reference another agency's requirements in this
subpart. An amendment is not needed, because the other agency will
consider its own requirements in evaluating an application, and any
necessary conditions can be included in the license itself.
Sec. 148.105(a): At a commenter's suggestion, we have revised
paragraph (a)(5) to clarify the materiality standard. We also revised
(a)(6) for clarity.
Sec. 148.105(d): We revised this section for clarity. No
substantive change is intended.
Sec. 148.105(f): One commenter asked us to require applicants to
state if the proposed deepwater port would have open or closed access.
We have revised the section accordingly.
Sec. 148.105(g)(1): One commenter asked us to clarify that this
provision applies only to those affiliates that have a direct ownership
interest of greater than 3 percent or that have a direct contractual
relationship with the deepwater port. We have amended the section
accordingly.
Sec. 148.105(g)(2)(iii): One commenter requested that we add
conditions or requirements for removing pipelines at decommissioning.
We have revised the section to indicate that MARAD sets these
conditions or requirements in the deepwater port license, and that only
preliminary estimates need be included in the application.
Sec. 148.105(g)(5): One commenter recommended that applicants be
required to report throughput of natural gas liquids as well as of oil
and gas. We have added this requirement.
Sec. 148.105(k): At the suggestion of one commenter, we have
revised this paragraph to require maps and diagrams to be certified by
a professional surveyor.
Sec. 148.105(t), (v), and (w) (formerly (s), (u), and (v),
respectively): One commenter pointed out that, as worded, these
paragraphs may not provide adequate technical detail to guide
applicants who must meet MMS requirements. For reasons already noted,
we are retaining the current language, but emphasize that all
applicants must meet any applicable statutory or regulatory
requirements regardless of which agency enforces them.
Sec. 148.105(m) and (n): One commenter expressed concern that the
2-year limit for the use of existing data is unreasonable because older
data has already been provided for some sites subject to leases granted
by the MMS, and because nowhere else in the DPA is a 2-year limit
requirement specified. We think raising the 2-year limit to 5 years
reasonably addresses the commenter's concerns while ensuring that
applications do not rely on obsolete data.
Sec. 148.105(m)(1)(i): We substituted ``i.e.'' with ``for
example'', for clarity.
Sec. 148.105(m)(1)(ii): One commenter recommended that we require
applicants to specify distances from the deepwater port to OCS
structures, and specify provisions for addressing casualties and
emergency situations. Information regarding distances is required in
the application, and the provisions for responses to emergencies are
more appropriately addressed in the operations manual.
Sec. 148.105(p): We redesignated the existing paragraph as
paragraph (p)(2), with minor revisions, and added new paragraph (p)(1),
relating to information about the nationality of natural gas vessels
servicing deepwater ports, to conform to section 304 of the 2006 Coast
Guard authorization act.
Sec. 148.105(r): One commenter recommended that we add the word
``dedicated'' to fixed offshore components, to distinguish them from
shared components. An example of this is a converted OCS platform with
continuing OCS operations, co-located with a deepwater port. We have
revised this section accordingly.
Sec. 148.105(s): We added this new paragraph at a commenter's
suggestion, to deal with refurbished OCS facilities and co-located
fixed offshore components.
Sec. 148.105(t) (formerly (s)): We added (t)(7), concerning
information on a pipeline that will connect to the port, at the
suggestion of one commenter. This commenter also asked us to add
requirements for information on metering and sampling equipment, but
that information is too detailed for the application phase and is more
appropriately addressed after a license is issued.
Sec. 148.105(y): In reviewing past hazard analyses, we added this
new paragraph to require an independent risk assessment. The risk
assessment evaluates the probability and consequences of various
potential accidental and intentional cargo release incidents. The site-
specific requirements of the risk assessment will be dependent on many
factors, including the proximity of the port to the general public, its
potential for impact on the public, waterway traffic density,
environmental conditions, and the current availability of LNG release
data and modeling methods. To date, there has been no large-scale
testing of LNG releases over water to validate the existing models.
Therefore, all assessments and models should be appropriately
conservative in their assumptions and conclusions.
Sec. 148.105(z) (formerly (x)): The MMS asked us to require more
detailed technical information on environmental impacts and commingling
issues. For the reasons already noted, we are retaining the current
language, but emphasize that all applicants must meet any applicable
statutory or regulatory requirements regardless of which agency
enforces them.
Sec. 148.105(dd) (formerly (bb)): One commenter recommended that
we require applicants to list all MMS permits and reviews. This section
already requires the applicant to list all Federal permits and
authorizations not otherwise specified in part 148.
Sec. 148.108: We revised this section for clarity, and in
paragraph (c), at a commenter's suggestion, we lengthened what was
formerly a 30-day time frame for requesting additional information. One
commenter asked whether paragraph (d)(1) is limited to information that
the Coast Guard needs. It is not. It is broad enough to cover any
information that another agency involved in processing the application
might need to fulfill that agency's obligations. For example, if a MMS-
regulated facility could be affected by either the reuse of existing
components or co-location with a deepwater port, the MMS could advise
the Coast Guard and the applicant what data is required and whether the
applicant must submit a revised Development Production Plan, or a
Development Operations Coordinating Document, for a facility in the
Gulf of Mexico.
Sec. 148.110: We made minor revisions for clarity.
Sec. 148.115(c): At the suggestion of one commenter, we revised
this paragraph to make it clear that additional copies of the
application may be requested in order to satisfy the requirements of
other agencies involved in processing the application.

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Sec. 148.125: We made minor revisions for clarity, and revised
paragraph (c) to emphasize that, while payment of additional costs is
due when those costs are assessed, payment must be made before a
deepwater port begins operation.
Sec. 148.209: We made minor revisions for clarity. One commenter
asked for a more comprehensive list of agencies involved in processing
applications. This will vary depending on the location and specifics
proposed for each port, but we have replaced a partial list of Federal
agencies with a cross reference to our Interagency Memorandum of
Understanding (MOU) for Processing Deepwater Port Applications.
Sec. 148.211(b): One commenter said that applicants should have to
submit fully revised applications if changes become too voluminous. We
agree, and added this paragraph accordingly.
Sec. 148.217(c): We revised this paragraph to clarify MARAD's role.
Sec. 148.221: We revised this section for clarity.
Sec. Sec. 148.222, 148.227: We revised these sections to make it
clear that they apply not only to the public hearing required by 33
U.S.C. 1504(g), but to any other public hearing or meeting that other
applicable Federal statutes (for example, the National Environmental
Policy Act) or regulations may require. Insofar as possible, we intend
to employ similar procedures for hearings or meetings that applicable
State or tribal law might require.
Sec. 148.276: At the suggestion of one commenter, we have revised
this section to clarify that the statutory timeline governs MARAD's
issuance of a record of decision, but not the actual issuance of a license.
Sec. 148.283: One commenter asked if this section addresses
natural gas as well as oil deepwater ports. This section addresses any
deepwater port.
Part 148, subpart D, Sec. Sec. 148.300-148.320: One commenter
recommended amending these sections that relate to licenses, and to
permit levying additional license fees based on license conditions,
amendments, transfers, and reinstatements. This is unnecessary because
additional fees for such costs can be levied under section 148.125.
Sec. 148.305: At the suggestion of one commenter, we amended this
section to clarify that the license conditions set by MARAD reflect the
recommendations or requirements of all Federal agencies involved in
processing an application.
Sec. 148.310: One commenter recommended terminating a license if
port construction does not begin within 5 years, or if port operations
are suspended for more than 2 years, arguing that this would prevent an
ineffective licensee from indefinitely barring other activities in the
vicinity. We have revised the section to make it clear that MARAD has
the authority to set conditions of termination in the license.
Sec. 148.315: One commenter recommended imposing an inflation-
adjustable fixed fee for amending, transferring or reinstating a
license. Regulatory action is not needed because MARAD can address fees
in setting license conditions.
Sec. 148.325: In response to a commenter's suggestion, we are
adding this section concerning the decommissioning of a deepwater port.
The same commenter also recommended adding a requirement for applicants
to demonstrate the financial capacity to restore a deepwater port site
after decommissioning. Regulatory action for the second request is not
necessary because applicants are already required to estimate
decommissioning costs under section 148.105(g)(2)(iii), and MARAD can
address the applicant's financial capability to decommission the port
as a condition of the license.
Sec. 148.400: One commenter recommended that we require the
applicant to conduct a thorough OCS operations impact analysis, and
include information on consultation with other Federal agencies.
Regulatory action is not needed because the first concern is already
addressed as part of any environmental assessment, while the second can
be provided to applicants through interagency coordination.
Sec. 148.405(c)(3): At the suggestion of one commenter, we are
requiring the applicant to specify the depth limit for sediment
testing, in order to prevent incidents associated with potential
shallow geological hazards.
Sec. 148.505: At MARAD's request we revised this section to
require exemption applications to be sent to MARAD as well as the Coast
Guard.
Sec. 148.605: One commenter noted the temporary interim rule's
deletion of a specific reference to the lower liability cap approved in
1995 for the Louisiana Offshore Oil Port (LOOP; see 60 FR 39849, Aug.
4, 1995), and sought verification that this deletion was not intended
to alter LOOP's liability cap. That is correct. The 1995 liability cap
for LOOP remains in place. We have merely determined that specific caps
for individual ports need not be included in the Code of Federal
Regulations in order for them to be valid.
Sec. 148.700: One commenter implied that this section should
provide more detail about an applicant's interaction with specific
agencies. Regulatory action is not needed because this section provides
only general information. Specific detail is communicated to each
applicant in the normal course of the application process. See, for
example, Sec. 148.110, which provides for any person's right to confer
with the Coast Guard about application requirements, and Sec. 148.108,
which provides for requesting the collection of additional information
from an applicant.
Sec. 148.707: One commenter suggested making this section more
explicit about the actual criteria the Coast Guard applies in its
environmental analyses, and about the broad scope that an environmental
analysis may cover. Regulatory action is not needed because this
section provides only general information. Specific detail is
communicated to each applicant and to the public in the course of an
environmental analysis that meets all applicable statutory and
regulatory requirements.
Sec. 148.710(a)(2): We clarified that the marine environment is
the focus of this provision.
Sec. 148.710(b): We revised this paragraph in response to a
commenter who pointed out that 33 U.S.C. 1504(i)(3) does not apply to
natural gas deepwater ports.
Sec. 148.710(c): We are adding this paragraph in order to qualify
the reference to ``a single, detailed environmental impact statement or
environmental assessment'' in paragraph (b). Applicable regulations at
40 CFR 1502.9 permit the filing of supplemental environmental analyses
in appropriate circumstances.
Sec. 148.715: At a commenter's suggestion, we revised this section
by replacing ``prevent or minimize'' with language based on the
discussion of mitigation in 40 CFR 1508.20.
Sec. Sec. 148.720, 148.725: One commenter asked us to provide more
information about other agencies' siting, design, construction, or
operational criteria. Regulatory action is not needed because this
section provides general information about Coast Guard implementation
of applicable statutes. We partner with other agencies in processing
each application, and they provide input based on the criteria under
which they operate.
Sec. 148.730(a): One commenter said it was not clear that this
paragraph applies to State agencies only in designated adjacent States.
It does, and we have revised the paragraph accordingly.
Sec. 148.737: We made minor revisions at the suggestion of one
commenter, and

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emphasized that the list is informational and not all-inclusive. Also,
we deleted paragraph designations and former paragraph (b), which is
redundant of Sec. 148.710.
Part 149 (Sec. Sec. 149.1-149.700): One commenter suggested an
overall methodology for deepwater port design. Regulatory action is not
needed because the current provisions of part 149 provide suitable
flexibility and regulatory oversight.
Sec. 149.15: One commenter asked us to provide more detail with
respect to alterations and modifications that could require another
agency's approval. Regulatory action is not needed because license
conditions and interagency agreements can provide adequately for the
circumstances outlined by the commenter.
Sec. 149.110: One commenter asked us to specify emergency shut
down and redundant protection measures under certain conditions. These
measures can be addressed as part of the detailed, post-licensing
design and engineering review and, once approved, described in the
operations manual.
Sec. 149.305: We amended this section to better align it with
Sec. 149.304(a)(2), in response to one commenter who noted a possible
conflict.
Sec. 149.403: We amended this section for clarification.
Sec. 149.415: We amended this section to clarify that the fire
main systems must be constructed in accordance with 33 CFR 127.067 or
comply with a national consensus standard.
Sec. Sec. 149.416, 149.417 and 149.418: We removed these sections
because they are redundant; the material discussed is adequately
addressed in Sec. 149.419. Sec. Sec. 149.419, 149.420, 149.421,
149.422, 149.423 and 149.424 have been sequentially renumbered to align
with the revised text.
Sec. 149.416 (formerly Sec. 149.419): One commenter suggested
that this section's requirement for compliance with 33 CFR 127.609 is
incompatible with 33 CFR 149.418(a) and 46 CFR 108.425. Regulatory
action is not needed because there is no conflict. 33 CFR 149.418(a)
has been removed, and the industry standard referenced by the commenter
applies to hoses for water systems, not dry chemical hoses.
Sec. 149.420 (formerly Sec. 149.423): We added text to better
define material construction of escape routes to provide adequate
protection in the event of a fire.
Sec. 149.615: We updated this section to indicate that if the
licensee uses a Coast Guard accepted Certifying Entity (CE), that the
CE as well as the Coast Guard must be provided with all plans.
Sec. 149.620: One commenter asked us to require applicants to
submit drawings to other agencies in appropriate circumstances.
Regulatory action is not needed because the Coast Guard already makes
drawings available to other agencies, when appropriate. A second
commenter suggested that we should review and permit classification
society guidelines. A similar suggestion was made with respect to Sec.
149.625, and we believe the action we took in that section addresses
the concern raised with respect to Sec. 149.620.
Sec. 149.625: One commenter said this section should require
deepwater port structures to conform to MMS regulations for OCS
platforms. An amendment is not needed because the current regulations
appropriately provide for design innovation while retaining the need
for compliance with all applicable law. In response to another
commenter's observation, we redesignated paragraph (b) to paragraph (c)
and added a new paragraph (b) to indicate that the licensee must submit
to Commandant (G-P) a design basis for approval of the proposed
standards that will be used in the fabrication and construction of all
systems and components. This process is covered in greater detail in
NVIC 03-05.
Sec. 149.641(b): We revised this section for clarification.
Sec. 149.650: In response to a commenter's suggestion, we revised
this section to remove the reference to the American Bureau of
Shipping. The substance of the section is not affected.
Sec. 149.660: We revised this section for clarification.
Sec. 149.675: At a commenter's request, we revised this section to
apply only to deepwater ports whose design warrants the use of such a
system. This revision takes into account the innovative design of some
deepwater ports, for which public address systems are unnecessary.
Sec. 149.691: At a commenter's suggestion, we revised this section
to clarify that ports must either comply with 46 CFR 108.151, or follow
an equivalent national consensus standard.
Sec. 149.697(c): One commenter asked if the decibel level
determination referenced in this paragraph can be made instantaneously.
It cannot. We revised the paragraph to make it clear that the
determination must be made using the method described in paragraph (b).
Sec. 150.10: One commenter said that the port operations manual
should include sections that deal with emergencies on ports that are
co-located with MMS-regulated facilities. Necessary contingency
measures will be addressed in the operations manual, but need not be
detailed in regulatory text.
Sec. 150.15(l): One commenter recommended that we add requirements
for normal pressure settings during transfer, as well as all relief
valve settings and sensors. An amendment is not necessary because these
specifics would be better addressed in the operations manual.
Sec. 150.15(n): We revised this paragraph by adding facility
support services, and by clarifying that the listed equipment is only
illustrative. The operations manual must include any key equipment that
will need regular service or maintenance.
Sec. 150.15(o): We added this requirement for a waste management
plan in response to a commenter's request.
Sec. 150.15(q)(formerly (p)): We added a requirement for
procedures to notify nearby OCS facilities, at a commenter's suggestion.
Sec. 150.15(u): At a commenter's request, we added this
requirement for emergency evacuation procedures comparable to 33 CFR
146.140(d).
Sec. 150.15(x)(formerly (v)): We revised this paragraph concerning
security plans, for clarity.
Sec. 150.15(y): At a commenter's suggestion, we added language
concerning special operations plans for contingency response in the
event of an incident that might affect nearby OCS facilities. However,
we emphasize that, like many lists in this subchapter, the list of
special operations in this paragraph is merely illustrative. Depending
on a proposed port's specific circumstances, other special operations
plans could be required by this paragraph.
Sec. 150.15(aa)(formerly (y)): We revised this paragraph for
clarity, and added a risk management plan option. Also, we responded to
a commenter's statement that ``periodic re-examination'' should take
place every five years in environmentally sensitive areas. National
Oceanic and Atmospheric Administration (NOAA) Fisheries has previously
applied the five-year standard in approving a deepwater port license
application, and we are including it in this paragraph for all
deepwater ports.
Sec. 150.20: We revised this section for clarity, and to address a
commenter's request that additional copies be provided to other
agencies as needed.
Sec. 150.50: One commenter asked us to require applicants to
provide an oil spill response plan to the MMS in appropriate
circumstances. Such plans must be included in the operations manual
pursuant to Sec. 150.15(y)(6) and

[[Page 57649]]

will be distributed to other agencies pursuant to Sec. 150.20.
Sec. 150.100: We revised the last sentence of this section for
clarity. One commenter said that this section should describe another
agency's authority to inspect a deepwater port under certain
circumstances. An amendment is not needed because each operations
manual must account for the circumstances under which specific agencies
can inspect the deepwater port.
Part 150.105: We revised this part for clarification to indicate
that, prior to implementing a self-inspection plan for a deepwater
port, the operator must obtain Coast Guard acceptance to ensure quality
assurance of the process.
Part 150, subpart D (Sec. Sec. 150.300-150.385): One commenter
asked us to provide more detail about safety zones, anchorage areas,
and areas to be avoided. An amendment is not needed, because these
sections merely require compliance with zones and areas that are
established and described pursuant to other laws and regulations.
Sec. 150.380: We revised the table to further clarify vessel and
OCS (OCS) facility operating conditions and restrictions, and to remove
a reference to an obsolete section.
Sec. 150.435: One commenter asked us to add that under certain
circumstances, deepwater port operations can be halted in order to
ensure safety. An amendment is not needed because those circumstances
would be evaluated as part of the deepwater port's risk assessment, and
spelled out in its operations manual.
Sec. 150.440(d): An applicant inquired if the implementation of a
suspension would be delayed while under appeal. It would not be, and we
revised this paragraph to make that clear.
Sec. 150.445: We revised this section to clarify that a suspension
order is in effect while an operator is preparing and submitting a
petition to have the suspension lifted. The withdrawal of a suspension
will not take effect until the District Commander has rendered a final
decision.
Sec. 150.505(b): At the suggestion of one commenter, we revised
this paragraph to eliminate a reference to an inspection certification,
which is not required, and replace it with a reference to the self-
inspection required by Sec. 150.105. This commenter also suggested
that the boat-release gear be examined every 30 months, but we think it
is appropriate to retain the more flexible current regulatory language,
which provides for inspections in accordance with manufacturer's
recommendations.
Sec. 150.611: We corrected the reference to OSHA head-protection
regulations.
Sec. 150.613(b): We removed an obsolete alternative deadline for
completing the initial noise survey.
Sec. 150.625(c): We added the proviso that a material safety data
sheet (MSDS) may be used for training personnel in the use of hazardous
materials provided the employee acknowledges and demonstrates
appropriate safety measures.
Sec. 150.812: We added this section at one commenter's suggestion
that we provide more information on how the Coast Guard will follow up
on a casualty report.
Sec. 150.815: One commenter pointed out that, in appropriate
circumstances, casualty reports must also be submitted to other
agencies. We revised this section accordingly. We also added a
clarification that the testing required under paragraph (b) will be
conducted in accordance with 33 CFR part 140.
Sec. 150.820: We added paragraph (d) in response to a commenter's
suggestion.
Sec. 150.905: At a commenter's suggestion, we revised this section
to provide more information.
Sec. 150.910: We revised this section for clarity and to indicate
that mandatory prohibitions apply only in safety zones, not in areas to
be avoided (ATBAs), which are recommendatory. One commenter noted that
this section does not describe the circumstances under which existing
legal agreements might call for installations, structures, or
activities in the vicinity of the deepwater port, other than those
directly associated with the deepwater port. An amendment is not needed
because these circumstances would be evaluated as part of the deepwater
port's risk assessment, and mitigating measures would be spelled out in
the port's operations manual.
Sec. 150.915: We revised this informational section for clarity,
and in response to a commenter's suggestions. The commenter asked us
not to establish a safety zone without prior public notice and comment.
We decline to make such a commitment because, under certain
circumstances, the public health or safety needs may require emergency
regulatory action. However, we deem it appropriate to elaborate here on
the process for establishing safety zones, no anchoring areas (NAAs)
and (ATBAs). The Coast Guard works with the Departments of Commerce,
Defense, the Interior, and State to make sure their interests are taken
into account in the creation of these zones. Further, before the U.S.
Government proposes a NAA or ATBA to the International Maritime
Organization (IMO) for approval, the Shipping Coordinating Committee of
the Department of State is used to develop the U.S. Government position
on the nature and scope of such measures. Because the Shipping
Coordinating Committee is a Federal Advisory Committee Act (FACA)
committee, its meetings are open to the public; a notice is put in the
Federal Register, so all interested members of the public, all
stakeholders, including environmental organizations, and any existing
or prospective OCS leaseholders in the area have notice and an
opportunity to present their views.
Sec. 150.940: We added this section in 2005, in response to a
comment on the TIR, and will update it as new deepwater ports become
operational. General definitions for various vessel routing measures
have been added in Sec. 148.5. More specific provisions will be
included in each deepwater port's license and operations manual.

Regulatory Evaluation

This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary.
The Coast Guard received no comments on the regulatory evaluation,
which included the impact on small entities and the collection of
information statement, and was published in the interim rule.
In this final rule, the Coast Guard is permanently adopting, with
revisions, the regulations contained in the temporary interim rule we
published at the beginning of 2004. The temporary interim rule updated
the original 1975 regulations that applied only to deepwater ports that
handle petroleum. It modernized and streamlined the regulations in
accordance with the Deepwater Port Modernization Act of 1996, and also
extended those regulations to apply to deepwater ports that handle
natural gas, in accordance with the Maritime Transportation Security
Act of 2002. The temporary interim rule expires on October 1, 2006, and
must be replaced by a final rule on or before that date in order to
continue the regulatory program introduced in 2004. The final rule also
incorporates lessons learned from processing several deepwater port
applications, and addresses public comments received in response to the
temporary interim rule.
For the final rule, we updated the regulatory evaluation to include

[[Page 57650]]

information on the additional deepwater port that has begun to operate.
We expect the costs of this final rule to have a nominal effect on
the owners and operators of deepwater ports. Currently, there are two
licensed and operating deepwater ports, the Louisiana Offshore Oil Port
(LOOP) and the Excelerate Energy's Gulf Gateway deepwater port that
receives LNG. LOOP represents industry standards for manned deepwater
ports. Gulf Gateway is a small, unmanned submerged turret loading (STL)
buoy that is in full compliance with this final rule.
In a report to the Secretary of Energy, the National Petroleum
Council estimated that fewer than ten new LNG import terminals (onshore
and deepwater) will be licensed and operating in 2025. We expect that
the new deepwater ports will follow existing industry standards and,
therefore, will incur, at most, the same costs as the existing
compliant deepwater ports. We assume that no manned deepwater ports
will be larger or more extensive than LOOP. We assume that unmanned
deepwater ports will be roughly similar to Gulf Gateway. We also assume
that the design and construction of new deepwater ports (manned or
unmanned) will follow the industry standards.
The final rule is consistent with the industry's request to have
its regulations aligned with the current industry standards and future
OCS regulations. The benefits are the result of updating and removing
unnecessary and obsolete regulations. The final rule incorporates
current industry practices. As such, the industry will benefit, as this
certainty eliminates the risk that industry will be liable for
unexpected investments made necessary to comply with federal
regulations. To the extent that revised regulations facilitate the
development of new deepwater ports, the final rule also benefits the
nation's overall economy, by making development of an adequate energy
infrastructure more likely.
We do not expect that new collection of information burdens will be
placed on the affected entities, because the industry is already
compliant with safety, environmental, and training report activities.
The reporting requirements established by current industry practice
will aid its ability to enforce regulations, thereby promoting safety
and security of life and property. Furthermore, by recording training,
personnel and safety information, deepwater ports will increase their
own safety and security level by improving accident readiness, noise
level awareness, lifesaving equipment preparation and situational
awareness.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule will have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and government jurisdictions with populations of less than 50,000.
There are two entities that operate an existing deepwater port.
LOOP is owned by a consortium of three multinational energy
corporations and, therefore, LOOP does not qualify as a small entity.
Gulf Gateway is wholly owned by Excelerate Energy, a private company.
Excelerate Energy also does not qualify as a small entity. Given that
investment in deepwater ports requires several hundred million dollars,
we do not expect any licensee or operator of future deepwater ports to
qualify as a small entity. No not-for-profit organizations are expected
to be involved with deepwater ports. Finally, deepwater ports are by
definition beyond the range of small government jurisdictions.
Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this
final rule will not have a significant economic impact on a substantial
number of small entities.

Collection of Information

This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
We have analyzed this rule under that Order and have determined
that it does not have implications for federalism. This rule applies to
deepwater ports only in waters beyond the territorial limits of the
United States (33 U.S.C. 1501(a)(1)). As regulation of these deepwater
ports is beyond State seaward boundaries, this rule will not preempt
State law.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this final rule will not result in such an expenditure,
we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

This final rule will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

[[Page 57651]]

Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule requires compliance with numerous technical
standards that have been set in regulations adopted by the Coast Guard
and other Federal agencies. In all cases, those regulations either (1)
specify the use of a voluntary consensus standard; (2) specify
performance levels that may be met through the use of a voluntary
consensus standard; (3) permit the use of equivalents, which may be
derived from voluntary consensus standards; or (4) are subject to the
exemption or adjustment provisions of Part 148, Subpart F, ``Exemption
from or Adjustments to Requirements in this Subchapter.''

Environment

We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(a), (c), and (i) of the Instruction, and under section
6(b) of the ``Appendix to National Environmental Policy Act: Coast
Guard Procedures for Categorical Exclusions, Notice of Final Agency
Policy,'' (67 FR 48244, July 23, 2002) from further environmental
documentation. The environmental impact associated with requiring
additional equipment, training, safety inspections and recordkeeping
under this rule will have an insignificant impact on the environment
and will benefit the environment by requiring safe operations of
deepwater ports. The environmental impact of each deepwater port
applicant is assessed under the licensing process. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 148

Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.

33 CFR Part 149

Fire prevention, Harbors, Marine safety, Navigation (water),
Occupational safety and health, Oil pollution.

33 CFR Part 150

Harbors, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, Reporting and recordkeeping requirements.

For the reasons discussed in the preamble, the Coast Guard revises 33
CFR Chapter I, Subchapter NN, as follows:

SUBCHAPTER NN--DEEPWATER PORTS

PART 148--DEEPWATER PORTS: GENERAL

Subpart A--General
Sec.
148.1 What is the purpose of this subchapter?
148.2 Who is responsible for implementing this subchapter?
148.3 What Federal agencies are responsible for implementing the
Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
148.8 How are certifying entities designated and used for purposes
of this subchapter?
Subpart B--Application for a License
148.100 What is the purpose of this subpart?
148.105 What must I include in my application?
148.107 What additional information may be required?
148.108 What if a Federal or State agency or other interested party
requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send and where
must I send them?
148.125 What are the application fees?
Subpart C--Processing Applications

General

148.200 What is the purpose of this subpart?
148.205 How are documents related to the application maintained?
148.207 How and where may I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?
148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep draft channel and harbor?
148.217 How can a State be designated as an adjacent coastal State?
148.221 How do I claim, or object to a claim, that required
information is privileged?

Public Hearings or Meetings

148.222 When must public hearings or meetings be held?
148.227 How is a public hearing or meeting reported?

Formal Hearings

148.228 What if a formal evidentiary hearing is necessary?
148.230 How is notice of a formal hearing given?
148.232 What are the rules for a formal hearing?
148.234 What are the limits of an Administrative Law Judge's jurisdiction?
148.236 What authority does an Administrative Law Judge have?
148.238 Who are the parties to a formal hearing?
148.240 How does a State or a person intervene in a formal hearing?
148.242 How does a person who is not a party to a formal hearing
present evidence at the hearing?
148.244 Who must represent the parties at a formal hearing?
148.246 When is a document considered filed and where should I file it?
148.248 What happens when a document does not contain all necessary
information?
148.250 Who must be served before a document is filed?
148.252 What is the procedure for serving a subpoena?
148.254 How is a hearing transcript prepared?
148.256 What happens at the conclusion of a formal hearing?

Approval or Denial of the Application

148.276 When must the application be approved or denied?
148.277 How may Federal agencies and States participate in the
application process?
148.279 What are the criteria for approval or denial of an application?
148.281 What happens when more than one application is submitted for
a deepwater port in the same application area?
148.283 When is the application process stopped, before the
application is approved or denied?
Subpart D--Licenses
148.300 What does this subpart concern?
148.305 What is included in a deepwater port license?
148.307 Who may consult with the Commandant (G-P) and the Maritime

[[Page 57652]]

Administrator on developing the proposed conditions of a license?
148.310 How long does a license last?
148.315 How is a license amended, transferred, or reinstated?
148.320 How is a license enforced, suspended, or revoked?
148.325 How soon after port decommissioning must the licensee
initiate removal?
Subpart E--Site Evaluation and Pre-Construction Testing
148.400 What does this subpart do?
148.405 What are the procedures for notifying the Commandant (G-P)
of proposed site evaluation and pre-construction testing?
148.410 What are the conditions for conducting site evaluation and
pre-construction testing?
148.415 When conducting site evaluation and pre-construction
testing, what must be reported?
148.420 When may the Commandant (G-P) suspend or prohibit site
evaluation or pre-construction testing?
Subpart F--Exemption From or Adjustments to Requirements in This Subchapter
148.500 What does this subpart do?
148.505 How do I apply for an exemption?
148.510 What happens when a petition for exemption involves the
interests of an adjacent coastal State?
148.515 When is an exemption allowed?
148.600 What is the limit of financial liability?
148.605 How is the limit of liability determined?
Subpart G--Environmental Review Criteria for Deepwater Ports
148.700 How does the Deepwater Port Act interact with other Federal
and State laws?
148.702 How were the environmental review criteria developed?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in an environmental
review, and how will they be applied?
148.708 Must the applicant's proposal reflect potential regulations?
148.709 How are these criteria reviewed and revised?
148.710 What environmental conditions must be satisfied?
148.715 How is an environmental review conducted?
148.720 What are the siting criteria?
148.722 Should the construction plan incorporate best available
technology and recommended industry practices?
148.725 What are the design, construction and operational criteria?
148.730 What are the land use and coastal zone management criteria?
148.735 What are other critical criteria that must be evaluated?
148.737 What environmental statutes must an applicant follow?

Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).

Subpart A--General

Sec. 148.1 What is the purpose of this subchapter?

This subchapter prescribes regulations for the licensing,
construction, design, equipment, and operation of deepwater ports under
the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-1524) (the Act).

Sec. 148.2 Who is responsible for implementing this subchapter?

Unless otherwise specified, the owner of a deepwater port must
ensure that the requirements of this subchapter are carried out at that
port.

Sec. 148.3 What Federal agencies are responsible for implementing the
Deepwater Port Act?

(a) Under delegations from the Secretary of Homeland Security and
the Secretary of Transportation, the Coast Guard and the Maritime
Administration (MARAD) coordinate with each other in processing
applications for the issuance, transfer, or amendment of a license for
the construction and operation of a deepwater port.
(b) MARAD is responsible for issuing the Record of Decision to
announce whether a license application is approved, approved with
conditions, or denied, and for issuing, revoking, and reinstating
deepwater port licenses. MARAD also has authority over the approval of
fees charged by adjacent coastal States, and certain matters relating
to international policy, civil actions, and suspension or termination
of licenses.
(c) The Secretary of Transportation has delegated authority over
pipeline matters to the Pipeline Hazardous Materials and Safety
Administration.
(d) The Environmental Protection Agency (EPA), U.S. Army Corps of
Engineers, Minerals Management Service (MMS) in the Department of
Interior, and other Federal agencies are designated as cooperating
agencies and support the Coast Guard and MARAD in the review and
evaluation of deepwater port license applications. You can view the
interagency memorandum of understanding (MOU) outlining the relative
roles and responsibilities of these and other Federal agencies at:
http://www.uscg.mil/hq/G-P/mso/docs/
dwp_white_house_task_force_energy_streamlining.pdf.

Sec. 148.5 How are terms used in this subchapter defined?

As used in this subchapter:
Act means the Deepwater Port Act of 1974, 33 U.S.C. 1501 et seq.,
as amended.
Adjacent coastal State means any coastal State which:
(1) Would be directly connected by pipeline to a deepwater port, as
proposed in an application;
(2) Would be located within 15 miles of any such proposed deepwater
port; or
(3) Is designated as an adjacent coastal State by the Administrator
of the Maritime Administration under 33 U.S.C. 1508(a)(2).
Affiliate means a person:
(1) That has a direct or indirect ownership interest of more than 3
percent in an applicant;
(2) That offers to finance, manage, construct, or operate the
applicant's deepwater port to any significant degree;
(3) That owns or controls an applicant or an entity under
paragraphs (1) or (2) of this definition; or
(4) That is owned or controlled by, or under common ownership with,
an applicant or an entity under paragraphs (1), (2), or (3) of this
definition.
Applicant means a person that is the owner of a proposed deepwater
port and is applying for a license under this part for that port.
Application means an application submitted under this part for a
license to own, construct, and operate a deepwater port.
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of 46 CFR chapter I, subchapter Q, the approval series
corresponds to the number of the subpart. A list of approved equipment,
including all of the approval series, is available at:
http://cgmix.uscg.mil/Equipment.
Approved means approved by the Commandant (G-P).
Area to be avoided or ATBA means a routing measure comprising an
area within defined limits in which either navigation is particularly
hazardous or it is exceptionally important to avoid casualties and
should be avoided by all ships or certain classes of vessels. An ATBA
may be either recommended (``recommendatory'') or mandatory. An ATBA is
recommendatory when ships are advised to navigate with caution in light
of specially hazardous conditions. An ATBA is mandatory when navigation
is prohibited or subject to a competent authority's conditions. ATBAs
for deepwater ports are recommendatory.
Barrel means 42 U.S. gallons (approximately 159 liters) at
atmospheric pressure and 60 [deg]F (approximately 15.56 [deg]C).
Captain of the Port or COTP means a Coast Guard officer who commands a

[[Page 57653]]

Captain of the Port zone described in part 3 of this chapter and who is
immediately responsible for enforcing port safety and security and
marine environmental protection regulations within that area.
Certified industrial hygienist means an industrial hygienist who is
certified by the American Board of Industrial Hygiene.
Certified marine chemist means a marine chemist who is certified by
the National Fire Protection Association.
Certifying entity or CE means any individual or organization, other
than the operator, permitted by the Commandant (G-PSO) to act on behalf
of the Coast Guard pursuant to section 148.8 of this subpart. The
activities may include reviewing plans and calculations for
construction of deepwater ports, conducting inspections, witnessing
tests, and certifying systems and/or components associated with
deepwater ports as safe and suitable for their intended purpose.
Citizen of the United States means:
(1) Any person who is a United States citizen by law, birth, or
naturalization;
(2) Any State, State agency, or group of States; or
(3) Any corporation, partnership, or other association:
(i) That is organized under the laws of any State;
(ii) Whose president, chairman of the board of directors, and
general partners or their equivalents, are persons described in
paragraph (1) of this definition; and
(iii) That has no more of its directors who are not persons
described in paragraph (1) of this definition than constitute a
minority of the number required for a quorum to conduct the business of
the board of directors.
Coastal environment means the coastal waters including the lands in
and under those waters, internal waters, and the adjacent shorelines
including waters in and under those shorelines. The term includes, but
is not limited to:
(1) Transitional and intertidal areas, bays, lagoons, salt marshes,
estuaries, and beaches;
(2) Fish, wildlife, and other living resources of those waters and
lands; and
(3) The recreational and scenic values of those lands, waters, and
resources.
Coastal State means a State of the United States in or bordering
the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
Commandant (G-P) means the Assistant Commandant for Prevention, or
that individual's authorized representative, at Commandant (G-P), U.S.
Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001.
Confined space means a space that may contain a dangerous
atmosphere, including a space that:
(1) Has poor natural ventilation, such as a space with limited
openings, for example a cofferdam or double bottom tank; or
(2) Is not designed for continuous occupancy by personnel.
Construction means supervising, inspecting, actual building, and
all other activities incidental to the building, repairing, or
expanding of a deepwater port or any of its components. The term
includes, but is not limited to, fabrication, laying of pipe, pile
driving, bulk heading, alterations, modifications, and additions to the
deepwater port.
Control means the direct or indirect power to determine the policy,
business practices, or decisionmaking process of another person,
whether by stock or other ownership interest, by representation on a
board of directors or similar body, by contract or other agreement with
stockholders or others, or otherwise.
Crude oil means a mixture of hydrocarbons that exists in the liquid
phase in natural underground reservoirs, and remains liquid at
atmospheric pressure after passing through surface separating
facilities, and includes:
(1) Liquids technically defined as crude oil;
(2) Small amounts of hydrocarbons that exist in the gaseous phase
in natural underground reservoirs but are liquid at atmospheric
pressure after being recovered from oil well (casing head) gas in lease
separators; and
(3) Small amounts of non-hydrocarbons produced with the oil.
Dangerous atmosphere means an atmosphere that:
(1) May expose personnel to the risk of death, incapacitation,
injury, or acute illness; or
(2) May impair ability to escape from the atmosphere unaided.
Deepwater port:
(1) Means any fixed or floating manmade structures other than a
vessel, or any group of structures, located beyond State seaward
boundaries that are used or are intended for use as a port or terminal
for the transportation, storage, or further handling of oil or natural
gas for transportation to any State, except as otherwise provided in
the Deepwater Port Act of 1974, as amended, and for other uses not
inconsistent with the purposes of the Deepwater Ports Act, including
transportation of oil or natural gas from the United States' OCS;
(2) Includes all components and equipment, including pipelines,
pumping stations, service platforms, buoys, mooring lines, and similar
facilities, to the extent that they are located seaward of the high
water mark;
(3) Includes, in the case of natural gas, all components and
equipment, including pipelines, pumping or compressor stations, service
platforms, buoys, mooring lines, and similar facilities which are
proposed and/or approved for construction and operation as part of the
deepwater port, to the extent that they are located seaward of the high
water mark and do not include interconnecting facilities; and
(4) Shall be considered a ``new source'' for purposes of the Clean
Air Act, 42 U.S.C. 7401 et seq., as amended, and the Federal Water
Pollution Control Act, 33 U.S.C. 1251 et seq., as amended.
District commander means an officer who commands a Coast Guard
district described in part 3 of this chapter, or that individual's
authorized representative.
Emergency medical technician means a person trained and certified
to appraise and initiate the administration of emergency care for
victims of trauma or acute illness before or during transportation of
the victims to a health care facility via ambulance, aircraft or vessel.
Engineering hydrographic survey means a detailed geological
analysis of seabed soil samples performed to determine the physical
composition, for example the mineral content, and structural integrity
for the installation of offshore components and structures.
Governor means the governor of a State or the person designated by
State law to exercise the powers granted to the governor under the Act.
Gross under keel clearance means the distance between the keel of a
tanker and the ocean bottom when the tanker is moored or anchored in
calm water free of wind, current, or tide conditions that would cause
the tanker to move.
Hose string means the part of a single point mooring connection for
oil or natural gas transfer made out of flexible hose of the floating
or float/sink type that connects the tanker's manifold to the single
point mooring.
Hot work means work that produces heat or fire, such as riveting,
welding, burning, or other fire-or spark-producing operations.
Lease block means an area established either by the Secretary of
the Interior under section 5 of the OCS Lands Act, 43 U.S.C. 1334, or
by a State under section 3 of the Submerged Lands Act, 43 U.S.C. 1311.
License means a license issued under this part to own, construct,
and operate a deepwater port.

[[Page 57654]]

Licensee means a citizen of the United States holding a valid
license for the ownership, construction, and operation of a deepwater
port that was issued, transferred, or renewed under this subchapter.
Marine environment includes:
(1) The coastal environment, waters of the contiguous zone, the
Exclusive Economic Zone, and the high seas;
(2) Fish, wildlife, and other living resources of those waters; and
(3) The recreational and scenic values of those waters and resources.
Marine site means the area in which the deepwater port is located,
including the safety zone and all areas seaward of the high water mark
in which associated components and equipment of the deepwater port are
located.
Maritime Administration or MARAD means the Administrator of the
Maritime Administration or that person's designees, and includes the
Associate Administrator, Port, Intermodal and Environmental Activities,
Maritime Administration, or that individual's authorized
representative, at 400 Seventh Street, SW., Washington, DC 20590,
telephone 202-366-4721.
Metering platform means a manned or unmanned platform consisting of
either a fixed or floating structure that serves as an interchange site
for measuring the rate of transfer of natural gas from vessel to pipeline.
Natural gas means either natural gas, unmixed, or any mixture of
natural or artificial gas, including compressed or liquefied natural gas.
Natural gas liquids means liquid hydrocarbons associated with or
extracted from natural gas, for example ethane, propane and butane
extracted from natural gas.
Net under keel clearance means the distance between the keel of a
tanker and the ocean bottom when the tanker is underway, anchored, or
moored, and subject to actual wind, waves, current, and tide motion.
No anchoring area or NAA means a routing measure comprising an area
within defined limits where anchoring is hazardous or could result in
unacceptable damage to the marine environment. Anchoring in a no
anchoring area should be avoided by all vessels or certain classes of
vessels, except in case of immediate danger to the vessel or the person
on board.
Officer in Charge of Marine Inspection or OCMI means an individual
who commands a marine inspection zone described in part 3 of this
chapter, and who is immediately responsible for the performance of
duties with respect to inspections, enforcement, and administration of
regulations governing a deepwater port.
Offshore competent person means an individual trained and
designated by his or her employer in matters relating to confined space
pre-entry testing and certification at a deepwater port, prior to
entry. An offshore competent person should demonstrate proficiency in
the following criteria:
(1) Hazard description and recognition;
(2) Hazard evaluation and measurement;
(3) Hazard prevention;
(4) Control and elimination; and
(5) Practical application simulation.
Oil means petroleum, crude oil, and any substance refined from
petroleum or crude oil.
Operator means the person who is licensed under 33 U.S.C. 1503 to
own, construct, and operate a deepwater port, or that person's designee.
Person means an individual, a public or private corporation, a
partnership or other association, or a government entity.
Person in Charge (PIC) means an individual designated as a person
in charge of transfer operations under Sec. 154.710 for oil facilities
or Sec. 127.301 for liquefied natural gas (LNG) facilities. Within
this subchapter, other references to person in charge, without the use
of the acronym PIC, will mean a person in charge of an operation other
than transfer operations.
Personnel means individuals who are employed by licensees,
operators, contractors, or subcontractors, and who are on a deepwater
port because of their employment.
Pipeline end manifold means the pipeline end manifold at a single
point mooring.
Platform means a fixed for floating structure that rests on or is
embedded in the seabed or moored in place and that has floors or decks
where an activity or specific function may be carried out.
Pumping platform complex means a platform or a series of
interconnected platforms, exclusive of a deepwater port, consisting of
one or more single point moorings or submerged turret loading buoys
that can pump oil or natural gas and that has one or more of the
following features or capabilities:
(1) Can handle the mooring and loading of small vessels;
(2) Has berthing and messing facilities; and
(3) Has a landing area for helicopters.
Reconnaissance hydrographic survey means a scientific study of
fresh and saltwater bodies, currents and water content, cultural
resources, seabed soils and subsea conditions, for example existing
pipelines or subsea wells. A visual representation of the survey
findings is normally depicted on a chart of the examined area.
Routing systems means any system of one or more vessel routes or
routing measures aimed at reducing the risk of casualties. It includes
traffic separation schemes, two-way routes, recommended tracks, areas
to be avoided, no anchoring areas, inshore traffic zones, roundabouts,
precautionary areas and deepwater routes.
Safety zone means a safety zone established around a deepwater port
under part 150, subpart J, of this chapter. The safety zone may extend
to a maximum distance of 500 meters (approximately 1,640 feet) around
the facility, measured from each point on its outer edge or from its
construction site, except as authorized by generally accepted
international standards or as recommended by the International Maritime
Organization. However, the zone may not interfere with the use of
recognized sea lanes.
Single point mooring or SPM means an offshore berth that links an
undersea pipeline to a moored tanker and allows for the transfer of oil
or natural gas between the tanker and the pipeline.
Single point mooring oil transfer system or SPM-OTS means the part
of the oil transfer system from the pipeline end manifold to the end of
the hose string that connects to the tanker's manifold.
Single (or multiple) point mooring natural gas transfer system or
SPM-NGTS (or MPM-NGTS) means the part of the natural gas transfer
system from the pipeline end manifold to the end of the hose string
that connects to the tanker's manifold.
State includes each State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States.
Support vessel means a vessel working for a licensee at a deepwater
port or cleared by a licensee to service a tanker calling at a
deepwater port, and includes a:
(1) Tug;
(2) Line-handling boat;
(3) Crew boat;
(4) Supply vessel;
(5) Bunkering vessel;
(6) Barge; or
(7) Other similar vessel.
Survival craft means a craft described in Sec. 149.303 of this
subchapter.
Tanker means a vessel that calls at a deepwater port to unload oil
or natural gas.
Vessel means every description of watercraft, including non-displacement

[[Page 57655]]

craft e.g., wing-in-ground (WIG) craft, seaplanes) capable of being
used, as a means of transportation on or through the water.

Sec. 148.8 How are certifying entities designated and used for
purposes of this subchapter?

(a) Applicants and licensees may nominate a certifying entity (CE)
for the performance of tasks for which the Coast Guard is responsible
under this subchapter.
(b) Nominations may be made at any time after the Maritime
Administration issues a record of decision approving the application,
and must include the following information for each nominee:
(1) The specific functions or tasks to be performed by the nominee;
(2) Name and address;
(3) Size and type of organization or corporation;
(4) Previous experience as a CE, certified verification agent, or
similar third-party representative;
(5) Experience in design, fabrication, or installation of fixed
offshore oil and gas platforms, similar fixed, floating, or gravity-
based structures and project-related structures, systems, and equipment;
(6) Technical capabilities, including professional certifications
and organizational memberships of the nominee or the primary staff to
be associated with its duties for the specific project;
(7) In-house availability of, or access to, appropriate technology
such as computer modeling programs and hardware or testing materials
and equipment;
(8) Ability to perform and effectively manage the duties for which
it is nominated considering current resource availability;
(9) Previous experience with regulatory requirements and procedures;
(10) A statement signed by the nominee's chief officer or that
person's designee that the nominee:
(i) Is not owned or controlled by the designer, manufacturer, or
supplier of any equipment, material, system, or subsystem that would be
the subject of the nominee's duties, or by any manufacturer of similar
equipment or material; and that
(ii) The nominee will allow access to an official representative of
the Coast Guard, upon request, to facilities or records that relate to
its duties; and
(11) A list of documents and certifications to be furnished to the
Coast Guard by the nominee.
(c) The Commandant (G-P) may accept or reject the nomination of a
CE and will provide guidance and oversight to each CE. The Commandant
(G-P) may terminate the acceptance of a CE at any time.

Subpart B--Application for a License

Sec. 148.100 What is the purpose of this subpart?

This subpart describes how to apply for a license to own,
construct, and operate a deepwater port.

Sec. 148.105 What must I include in my application?

Your application must include the information required by this section.
(a) General. For each applicant, affiliate, and consultant:
(1) The name, address, telephone number, citizenship, and principal
business activity of the applicant and its affiliates;
(2) The name, address, and principal business activity of each
subsidiary, division of the applicant, or its affiliates that participated
in the decision to apply for a license to build a deepwater port;
(3) A description of how each affiliate is associated with the
applicant, and of the ownership interest each affiliate has in the
applicant;
(4) A list of the applicant's corporate officers and directors, and
each affiliate that participated in the decision to apply for a license;
(5) A statement for each applicant or affiliate, providing complete
and detailed information on any civil or criminal legal proceeding
during the preceding 5 years that relates to, or that could materially
affect, information in the license application; and,
(6) A declaration by the applicant that neither the applicant nor
its affiliate has engaged in any lobbying activities that are
prohibited by 31 U.S.C. 1352 or any other applicable Federal anti-
lobbying statute.
(b) Experience in matters relating to deepwater ports.
(1) A description of the applicant's, affiliate's, and consultant's
experience in offshore operations, particularly operations involving
the transfer and storage of liquid cargo, and the loading and unloading
of vessels.
(2) For each affiliate that has a significant contract with the
applicant for construction of the deepwater port, a description of that
affiliate's experience in construction of marine terminal facilities,
offshore structures, underwater pipelines, and seabed foundations; in
addition to a description of other experiences that would bear on the
affiliate's qualification to participate in the construction of a
deepwater port.
(c) Engineering firms. For each engineering firm, if known, that
will design the deepwater port or a portion of the port, the
application must include the firm's:
(1) Name;
(2) Address;
(3) Citizenship;
(4) Telephone number; and
(5) Qualifications.
(d) Citizenship and operating authority. For each applicant or
group of applicants, provide:
(1) An affidavit that the applicant is a citizen of the United States;
(2) For State agency applicants, the law authorizing the applicant
to undertake the operations detailed in the application;
(3) For private corporation applicants, the current charter or
certificate of incorporation and current by-laws; and affidavits of
U.S. or foreign citizenship from the president, chairman of the board,
and each director or their equivalents; for limited liability
companies, the equivalent organizational documents, and affidavits from
the members of the Board of Managers, and members; and
(4) For partnerships, including limited liability partnerships, or
associations not formed or owned solely by individual citizens of the
United States, the certificate of formation; the partnership agreement
or articles of association; the current by-laws; the minutes of the
first board meeting; and affidavits of U.S. or foreign citizenship from
the president and each director, or their equivalents.
(e) Address for service of documents. The name and address of one
individual who may be served with documents if a formal hearing is held
concerning the application, and the name and address of one individual
who may receive other documents.
(f) Location and use. The proposed location and capacity of the
deepwater port, a general description of the anticipated use of the
port, and whether access will be open or closed.
(g) Financial information.
(1) For the applicant, each affiliate with an ownership interest in
the applicant of greater than 3 percent, and affiliates which have a
direct contractual relationship with the deepwater port:
(i) Annual financial statements, audited by an independent
certified public accountant, for the previous 3 years, including, but
not limited to, an income statement, balance sheet, and cash flow
statement with footnote disclosures prepared according to U.S.
Generally Accepted Accounting Principles; provided, however, that the
Commandant (G-P), in concurrence

[[Page 57656]]

with MARAD, may waive this requirement upon finding:
(A) That the affiliate does not, in the normal course of business,
produce audited statements; and
(B) That the affiliate is part of a larger corporate group whose
audited statement provides sufficient information to support an
adequate assessment of the affiliate's relationship with and impact on
the applicant; and
(ii) Interim income statements and balance sheets for each quarter
that ends at least 30 days before submission of the application, unless
it is included in the most recent annual financial statement.
(2) An estimate of construction costs, including:
(i) A phase-by-phase breakdown of costs;
(ii) The estimated completion dates for each phase; and
(iii) A preliminary estimate of the cost of removing all of the
deepwater port marine components, including pipelines that lie beneath
the seabed. The operator of a deepwater port is responsible for the
costs associated with removal of all port components. Should a license
be granted, MARAD will require a bond, guarantee, or other financial
instrument to cover the complete cost of decommissioning as a condition
of the license.
(3) Annualized projections or estimates, along with the underlying
assumptions, for the next 5 years and at reasonable intervals
throughout the life of the deepwater port, of each of the following:
(i) Total oil or natural gas throughput, and subtotals showing
throughput owned by the applicant and its affiliates and throughput
owned by others;
(ii) Projected financial statements, including a balance sheet and
income statement; and
(iii) Annual operating expenses, showing separately any payment
made to an affiliate for any management duties carried out in
connection with the operation of the deepwater port.
(4) A copy of all proposals or agreements concerning the management
and financing of the deepwater port, including agreements relating to
throughputs, capital contributions, loans, guarantees, commitments,
charters, and leases.
(5) The throughput reports for the calendar year preceding the date
of the application, for the applicant and each of the applicant's
affiliates engaged in producing, refining, or marketing oil or natural
gas and natural gas liquids, along with a copy of each existing or
proposed throughput agreement. Each throughput report must list the
throughput of the following products:
(i) Crude oil; and if crude oil is the only product the port is
designed to transport, the throughput report may be limited to
reporting crude oil;
(ii) Gasoline;
(iii) Jet aviation fuel;
(iv) Distillate fuel oils;
(v) Other refinery products;
(vi) Natural gas; and
(vii) Natural gas liquids.
(h) Construction contracts and construction-related studies.
(1) A copy of each contract that the applicant made for the
construction of any component of the deepwater port or for the
operation of the port.
(2) A listing and abstract of:
(i) All completed or ongoing studies on deepwater ports conducted
by or for the applicant; and
(ii) All other construction-related studies used by the applicant.
(3) The identity of each contractor, if known, that will construct
or install the deepwater port or a portion of the port, including each
firm's:
(i) Name;
(ii) Address;
(iii) Citizenship;
(iv) Telephone number; and
(v) Qualifications.
(i) Compliance with Federal water pollution requirements.
(1) Evidence, to the extent available, that the requirements of
section 401(a)(1) of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. If complete
information is not available by the time MARAD must either approve or
deny the application under 33 U.S.C. 1504(i)(1), the license for the
deepwater port is conditioned upon the applicant demonstrating that the
requirements of section 401(a)(1) of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1341(a)(1), will be satisfied.
(2) In cases where certification under 33 U.S.C. 1341(a)(1) must be
obtained from the Environmental Protection Agency Administrator, the
request for certification, and pertinent information, such as plume
modeling, related to the certification.
(j) Coastal zone management. A request for each certification
required by section 307 of the Coastal Zone Management Act of 1972, 16
U.S.C. 1456, as amended.
(k) Identification of lease block.
(1) Identification of each lease block where any part of the
proposed deepwater port or its approaches is located. This
identification must be made on official OCS leasing maps or protraction
diagrams, where available. Each map and diagram must be certified by a
professional surveyor. For each lease block, provide the following:
(i) A description of each pipeline, or other right-of-way crossing,
in enough detail to allow plotting of the rights-of-way to the nearest
one-tenth of a second in latitude and longitude; and
(ii) The identity of the lessee or grantee of each pipeline or
other right-of-way.
(2) Detailed information concerning any interest that anyone,
including the applicant, has in each block.
(3) Detailed information concerning the present and planned use of
each block.
(l) Overall site plan. Single-line drawings showing the location
and type of each component of the proposed deepwater port and its
necessary facilities, including:
(1) Floating structures;
(2) Fixed structures;
(3) Aids to navigation;
(4) Manifold systems; and
(5) Onshore storage areas, pipelines, and refineries.
(m) Site plan for marine components. A site plan consisting of the
following:
(1) The proposed size and location of all:
(i) Fixed and floating structures and associated components seaward
of the high water mark, only if the proposal does not involve a
connected action, for example, installation of new pipeline extending
inshore of the state boundary line;
(ii) Recommended ships' routing measures and proposed vessel
traffic patterns in the port area, including aids to navigation;
(iii) Recommended anchorage areas and, for support vessels, mooring
areas; and
(2) A reconnaissance hydrographic survey of the proposed marine
site. This survey should provide data on the water depth, prevailing
currents, cultural resources, and a general characterization of the sea
bottom. A requirement to submit an engineering hydrographic survey of
the final marine site will be imposed as a condition in the license.
The latter survey will require more extensive analysis of the soil, and
detailed study to determine its physical composition, such as minerals,
and if the sea bottom can support fixed components comprising a
deepwater port. The applicant may submit existing data, gathered within
the previous 5 years, but it must be supplemented by field data for the
specific locations in which a high degree of variability exists.
(n) Soil data. An analysis of the general character and condition
of the ocean bottom, sub-bottom, and upland soils throughout the marine
site. The applicant may use existing data, so long as it was collected
within the last 5

[[Page 57657]]

years and continues to provide accurate information about conditions
throughout the site. If not, a new survey must be completed to provide
supplemental data. The analysis must include an opinion by a registered
professional engineer specializing in soil mechanics concerning:
(1) The suitability of the soil to accommodate the anticipated
design load of each marine component that will be fixed to or supported
on the ocean floor; and
(2) The stability of the seabed when exposed to environmental
forces resulting from severe storms or lesser forces that occur over
time, including any history of accretion or erosion of the coastline
near the marine site.
(o) Archeological information. An analysis of the information from
the reconnaissance hydrographic survey by a qualified underwater
archeologist to determine the historical or other significance of the
area where the site evaluation and pre-construction testing activities
were conducted. The analysis must meet standards established by the
Minerals Management Service for activities on the OCS, or an
alternative standard that has been submitted to and approved by the
Coast Guard. The survey must include the areas potentially affected by
the deepwater port, or any other associated platforms, and its pipeline
route(s).
(p) Vessel information.
(1) The nation of registry for, and the nationality or citizenship
of, officers and crew serving on board vessels transporting natural gas
that are reasonably anticipated to be servicing the deepwater port; and
(2) Description of the information that will be provided in the
operations manual pertaining to vessel operations, vessel
characteristics, and weather forecasting.
(q) Information on floating components.
(1) A description and preliminary design drawing of each floating
component, including the hoses, anchoring or securing structure, and
navigation lights if the component is a mooring buoy.
(2) The criteria, developed under part 149 of this chapter, to
which each floating component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice that will be
applied.
(5) A description of safety, firefighting, and pollution prevention
equipment to be used on each floating component.
(6) A description of the lighting that will be used on floating
hoses, for night detection.
(r) Information on dedicated fixed offshore components.
(1) A description and preliminary design drawing for each dedicated
fixed offshore component.
(2) The design criteria, developed under part 149 of this chapter,
to which each fixed offshore component will be designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be followed.
(5) A description of the following equipment that will be installed:
(i) Navigational lighting;
(ii) Safety equipment;
(iii) Lifesaving equipment;
(iv) Firefighting equipment;
(v) Pollution prevention equipment, excluding response equipment
which must be outlined in the facility response plan; and
(vi) Waste treatment equipment.
(6) A description and preliminary design drawing of the following:
(i) The cargo pumping equipment;
(ii) The cargo piping system;
(iii) The control and instrumentation system; and
(iv) Any associated equipment, including equipment for oil or
natural gas throughput measuring, leak detection, emergency shutdown,
and the alarm system.
(7) The personnel capacity of each deepwater port pumping platform
complex.
(s) Refurbished OCS facilities and co-located fixed offshore components.
(1) A description and preliminary design drawing for each such
facility or component.
(2) The design criteria, developed under part 149 of this chapter,
to which each facility or component will be designed and built or modified;
(3) The design standards and codes to be used;
(4) The title of each recommended engineering practice to be followed;
(5) A description of the following equipment to be installed or
refurbished:
(i) Navigational lighting;
(ii) Safety equipment;
(iii) Lifesaving equipment;
(iv) Firefighting equipment;
(v) Pollution prevention equipment, excluding response equipment
which must be outlined in the facility response plan;
(vi) Waste treatment equipment; and
(vii) Cathodic protection.
(6) A description and preliminary design drawing of the following:
(i) The cargo pumping equipment;
(ii) The cargo piping system;
(iii) The control and instrumentation system; and
(iv) Any associated equipment, including equipment for oil or
natural gas throughput measuring, leak detection, emergency shutdown,
and the alarm system.
(7) The personnel capacity of each deepwater port pumping platform
complex.
(t) Information on offshore pipelines.
(1) A description and preliminary design drawing of the marine
pipeline, including:
(i) Size;
(ii) Throughput capacity;
(iii) Length;
(iv) Depth of cover; and
(v) Protective devices.
(2) The design criteria to which the marine pipeline will be
designed and built.
(3) The design standards and codes to be used.
(4) The title of each recommended engineering practice to be followed.
(5) A description of the metering system that will measure flow rate.
(6) Information concerning all submerged or buried pipelines that
will be crossed by the offshore pipeline, and how each crossing will be
made.
(7) Information on the pipeline that will connect to the port,
including a detailed analysis that shows throughput and capacity rates
of all pipelines involved in the transport of product to shore.
(u) Information about onshore components. To the extent known by
the applicant:
(1) A description of the location, capacity, and ownership of all
planned and existing onshore pipelines, storage facilities, refineries,
petrochemical facilities, and transshipment facilities that will be
served by the deepwater port. Crude oil or natural gas gathering lines
and lines wholly within a deepwater port must be included in data about
onshore components only if specifically required. Entry points and
major connections between lines and with bulk purchasers must be included.
(2) A chart showing the location of all planned and existing
facilities that will be served by the port, including:
(i) Onshore pipelines;
(ii) Storage facilities;
(iii) Refineries;
(iv) Petrochemical facilities; and
(v) Transshipment facilities.
(3) A copy of all proposals or agreements with existing and
proposed refineries that will receive oil transported through the
deepwater port, the location and capacity of each such

[[Page 57658]]

refinery, and the anticipated volume of such oil to be refined by each
such refinery.
(v) Information on miscellaneous components.
(1) A description of each radio station or other communications
facility to be used during construction and operation of the deepwater
port and its proposed concept of operation.
(2) A description of the radar navigation system to be used in
operation of the deepwater port outlined in the operations manual.
(3) A description of the method that will be used for bunkering
vessels using the deepwater port.
(4) A brief description of the type, size, and number of vessels
that will be used in bunkering, mooring, and servicing the vessels
using the deepwater port.
(5) A description and location of the shore-based support
facilities, if any, that will be provided for vessels that will be used
in bunkering, mooring, and servicing the vessels using the deepwater
port; or that serve as offices or facilities in support of the
deepwater port operations.
(6) A copy of the actual radio station license, or, if not
available, a copy of the application sent to the Federal Communications
Commission, if available.
(w) Construction procedures. A description of the method and
procedures to be used in constructing each component of the deepwater
port, for example shoreside fabrication, assembly and support,
including anticipated dates of completion for each specific component
during each phase of construction.
(x) Operations manual. A draft of the operations manual for the
proposed port, containing the information under Sec. 150.15 of this
chapter, must demonstrate the applicant's ability to operate the port
safely and effectively. To the extent that circumstances are similar,
this demonstration can be in the form of evidence appended to the draft
operations manual of the applicant's participation in the safe and
effective management or operation of other offshore facilities, for
example, evidence of compliance with Mineral Management Service
requirements for those facilities. If the information required for the
manual is not available, state why it is not and when it will be available.
(y) Risk and consequence assessment. Data to support an
independent, site-specific analysis to assess the risks and
consequences of accidental and intentional events that compromise cargo
containment. At minimum, potential events that result in liquefied
natural gas or oil spill, vapor dispersion and/or fire will be
analyzed. The Coast Guard will utilize validated models, for example
computational fluid dynamics or an equivalent model. The applicant may
consult with Commandant (G-P) to ensure that appropriate assessment
procedures are used.
(z) Environmental evaluation. An analysis, sufficient to meet the
requirements of the National Environmental Policy Act, and as outlined
in subpart G of this part, of the potential impacts on the natural and
human environments, including sufficient information that complies with
all applicable Federal, tribal, and State requirements for the
protection of the environment.
(aa) Aids to navigation.
(1) For each proposed aid to navigation, the proposed position of
the aid, described by latitude and longitude coordinates to the nearest
second or tenth of a second, as determined from the largest scale chart
of the area in which the aid is to be located. Specify latitude and
longitude to a level obtained by visual interpolation between the
finest graduation of the latitude and longitude scales on the chart.
(2) For each proposed obstruction light and rotating lit beacon:
(i) Color;
(ii) Characteristic;
(iii) Effective intensity;
(iv) Height above water; and
(v) General description of the illumination apparatus.
(3) For each proposed sound signal on a structure, a general
description of the apparatus.
(4) For each proposed buoy:
(i) Shape;
(ii) Color;
(iii) Number or letter;
(iv) Depth of water in which located; and
(v) General description of any light and/or sound signal apparatus
on the buoy.
(5) For the proposed radar beacon, or RACON, height above water and
a general description of the apparatus.
(bb) National Pollutant Discharge Elimination System (NPDES). A
copy of the NPDES Application for Permit to Discharge Short Form D, for
applying for a discharge permit from the Environmental Protection
Agency (EPA) and any accompanying studies and analyses. If complete
information is not available by the time MARAD must either approve or
deny the application for a designated application area under 33 U.S.C.
1504(i)(1), the license for the deepwater port is conditioned upon the
applicant receiving the required discharge permit from the EPA before
the start of any discharge requiring such a permit. The issuance of the
permit demonstrates that all potential water discharges have been
satisfactorily analyzed and water quality control measures implemented
to mitigate discharges to meet NPDES.
(cc) Structures' placement and the discharge of dredged or fill
material. The information required to obtain a Department of the Army
permit for placement of structures and the discharge of dredged or fill
material.
(dd) Additional Federal authorizations. All other applications for
Federal authorizations not listed elsewhere in this subpart that are
required for ownership, construction, and operation of a deepwater port.
(ee) Sworn statement. A statement that the information in the
application is true must be placed at the end of the application, sworn
to before a notary public, and signed by a responsible applicant official.

Sec. 148.107 What additional information may be required?

(a) The Commandant (G-P), in coordination with MARAD, may require
the applicant or the applicant's affiliates to file, as a supplement to
the application, any analysis, explanation, or other information he or
she deems necessary.
(b) The Commandant (G-P) may require the applicant or the
applicant's affiliates to make available for Coast Guard examination,
under oath or for interview, persons having, or believed to have,
necessary information.
(c) The Commandant (G-P) may set a deadline for receiving the
information.
(1) If the applicant states that the required information is not
yet available but will be at a later date, the Commandant (G-P) may
specify a later deadline.
(2) If a requirement is not met by a deadline fixed under this
paragraph, the Commandant (G-P), in coordination with MARAD, may
determine whether compliance with the requirement is important to
processing the application within the time prescribed by the Act.
(3) If the requirement is important to processing the application
within the time limit set by the Act, the Commandant (G-P) may
recommend to the Maritime Administrator that he or she either not
approve the application or suspend it indefinitely. The deadline for
the Administrator's review under the Act is extended for a period of
time equal to the time of the suspension.

[[Page 57659]]

Sec. 148.108 What if a Federal or State agency or other interested
party requests additional information?

(a) Any Federal or State agency or other interested person may
recommend that the applicant provide information that is not specified
by this subchapter.
(b) Recommendations must state briefly why the information is needed.
(c) The Commandant (G-P) must receive the request prior to the
closing dates for the comment periods for scoping, and the draft or
final environmental impact statement or environmental assessment. MARAD
will consider the request before making a final decision on whether or
not to approve the license application.
(d) The Commandant (G-P) will consider whether:
(1) The information requested is essential for processing the
license application; and
(2) The time and effort required by the applicant in gathering the
information will result in an undue delay in the application process.
(e) The Commandant (G-P) may discuss the recommendation with the
recommending person and the applicant prior to issuing a determination.

Sec. 148.110 How do I prepare my application?

(a) Any person may confer with the Commandant (G-P) concerning
requirements contained in this rule for the preparation of an
application or the requirements of this subchapter.
(b) The applicant may incorporate, by clear and specific reference
in the application:
(1) Standard reference material that the applicant relied on that
is readily available to Federal and State agencies;
(2) Current information contained in previous applications or
reports that the applicant has submitted to the application staff; or
(3) Current information contained in a tariff, report, or other
document previously filed for public record with the Surface
Transportation Board or the Securities and Exchange Commission, if:
(i) A certified true and complete copy of the document is attached
to each copy of the application as required by Sec. 148.115(a);
(ii) The date of filing and the document number are on the cover of
the document; and
(iii) Any verification or certification required for the original
filing, other than from auditors or other independent persons, is dated
no earlier than 30 days before the date of the application.

Sec. 148.115 How many copies of the application must I send and where
must I send them?

Send the following copies of the application:
(a) Two printed copies and three electronic versions to the
Commandant (G-PSO), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593-0001.
(b) Two printed copies and two electronic versions to the MARAD
Administrator, 400 7th Street SW., Washington, DC 20590.
(c) One copy to the U.S. Army Corps of Engineers District Office
having jurisdiction over the proposed port. For the address, see
http://www.usace.army.mil/.
(d) Additional printed and electronic copies for distribution to
Federal, tribal, and State regulatory agencies involved in reviewing
the application in accordance with the needs of each agency.

Sec. 148.125 What are the application fees?

(a) The applicant must submit a nonrefundable application fee of
$350,000 with each application for a license. If additional information
is necessary to make an application complete, no additional application
fee is required.
(b) The costs incurred by the Federal Government in processing an
application will be charged to the application fee until it is
exhausted. If the fee is exhausted and the Federal Government incurs
further processing costs, the applicant will be charged for the
additional costs. The Commandant (G-P) will periodically advise the
applicant of the status of expenses incurred during the application
process.
(c) Additional costs attributable to processing a deepwater port
license application and post-license activities, for example the
engineering plan review or development of the final operations manual,
are due when they are assessed, and must be paid by the applicant prior
to commencing operation of the deepwater port.
(d) Application fees and additional costs assessed under this
section must be made payable to the United States Treasury, and
submitted to the Commandant (G-P).

Subpart C--Processing Applications

General

Sec. 148.200 What is the purpose of this subpart?

This subpart prescribes the requirements for processing an
application for a deepwater port license.
It includes the procedures for:
(a) Maintaining the docket;
(b) Designating adjacent coastal states;
(c) Holding informal and formal public hearings; and
(d) Approving or denying an application.

Sec. 148.205 How are documents related to the application maintained?

(a) The Commandant (G-P) maintains the docket for each application.
(1) The docket contains a copy of all documents filed or issued as
part of the application process.
(2) Recommendations submitted by Federal departments and agencies
under 33 U.S.C. 1504(e)(2) are docketed when they are received.
(3) Copies of applicable National Environmental Policy Act
documents prepared under 33 U.S.C. 1504(f) are docketed when they are
sent to the Environmental Protection Agency.
(b) For a document designated as protected from disclosure under 33
U.S.C. 1513(b), the Commandant (G-P):
(1) Prevents the information in the document from being disclosed,
unless the Commandant (G-P) states that the disclosure is not
inconsistent with 33 U.S.C. 1513(b); and
(2) Keeps a record of all individuals who have a copy of the document.

Sec. 148.207 How and where may I view docketed documents?

(a) All material in a docket under Sec. 148.205 is available to
the public for inspection and copying at Commandant (G-P) at the
address under ``Commandant (G-P)'' in Sec. 148.5, except for:
(1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or
operation of a deepwater port; and
(2) Material designated under paragraph (b) of this section as a
trade secret, or commercial or financial information that is claimed to
be privileged or confidential.
(b) A person submitting material that contains either a trade
secret or commercial or financial information under paragraph (a)(2) of
this section must designate those portions of the material that are
privileged or confidential. Section 148.221 contains procedures for
objecting to these claims.
(c) Docketed material for each deepwater port project is also
available to the public electronically at the Department of Transportation
Docket Management System Web site at http://www.dot.dms.gov.
The projects are also listed by name and the assigned docket number at
the G-PSO-5 Web site: http://www.uscg.mil/hq/g-m/mso/mso5.htm.

[[Page 57660]]

Sec. 148.209 How is the application processed?

The Commandant (G-P), in cooperation with the Maritime
Administrator, processes each application and the Maritime
Administration publishes the notice of application under 33 U.S.C.
1504(c) in the Federal Register. Upon publication of a notice of
application, the Commandant (G-P) ensures delivery of copies of the
application to:
(a) Each Federal agency with jurisdiction over any aspect of
ownership, construction, or operation of deepwater ports. A complete
listing of the Federal agencies involved with deepwater port licensing
is outlined in the Deepwater Port Interagency MOU available at the
following hyperlink: http://www.uscg.mil/hq/G-M/mso/docs/
dwp_white_house_task_force_energy_streamlining.pdf.
(b) Each adjacent coastal State, including relevant State and
tribal agencies in those States.

Sec. 148.211 What must I do if I need to change my application?

(a) If at any time before the Secretary approves or denies an
application, the information in it changes or becomes incomplete, the
applicant must promptly submit the changes or additional information in
the manner set forth in Sec. 148.115 of this part.
(b) The Coast Guard may determine that the change or required
information is of such magnitude that it warrants submission of a
complete revised application.

Sec. 148.213 How do I withdraw my application?

The applicant may withdraw an application at any time before the
proceeding is terminated by delivering or mailing notice of withdrawal
to the Commandant (G-P) for docketing.

Sec. 148.215 What if a port has plans for a deep draft channel and
harbor?

(a) If a State port will be directly connected by pipeline to a
proposed deepwater port, and has existing plans for a deep draft
channel and harbor, a representative of the port may request a
determination under 33 U.S.C. 1503(d).
(b) The request must be sent, in writing, to the Commandant (G-P)
within 30 days after the date that the notice of application for the
deepwater port is published in the Federal Register.
(c) The request must contain:
(1) A signature of the highest official of the port submitting the
request;
(2) A copy of the existing plans for the construction of a deep
draft channel and harbor;
(3) Certification that the port has an active study by the
Secretary of the Army for the construction of a deep draft channel and
harbor, or that the port has an application pending for a permit under
33 U.S.C. 403 for the construction;
(4) Any available documentation on:
(i) Initial costs, by phases if development is staged, for the
proposed onshore project, including dredging, ship terminal, and
attendant facilities;
(ii) Estimated annual operating expenses, by phases if development
is staged, including labor, for 30 years for all elements of the project;
(iii) Estimated completion time for all elements of the project;
(iv) Estimated vessel traffic volume, and the volume and variety of
the tonnage;
(v) Potential traffic congestion conditions in the port, and the
port's ability to control vessel traffic as a result of the proposed
dredging project;
(vi) Estimated economic benefits of the project, including:
(A) Economic contribution to the local and regional area;
(B) Induced industrial development;
(C) Increased employment; and
(D) Increases in tax revenues;
(vii) Environmental and social impacts of the project on the local
and regional community; and
(viii) An estimate of the economic impact that the deepwater port
license will have on the proposed project.
(d) A statement whether the port seeks a determination that the
port best serves the national interest.

Sec. 148.217 How can a State be designated as an adjacent coastal State?

(a) Adjacent coastal States are named in the notice of application
published in the Federal Register. However, a State not named as an
adjacent coastal State in the notice may request to be designated as
one if the environmental risks to it are equal to or greater than the
risks posed to a State directly connected by pipeline to the proposed
deepwater port.
(b) The request must:
(1) Be submitted in writing to the Commandant (G-P) within 14 days
after the date of publication of the notice of application in the
Federal Register;
(2) Be signed by the Governor of the State;
(3) List the facts and any available documentation or analyses
concerning the risk of damage to the coastal environment of the State;
and
(4) Explain why the State believes the risk of damage to its
coastal environment is equal to or greater than the risk to a State
connected by a pipeline to the proposed deepwater port.
(c) Upon receipt of a request, the Commandant (G-P) will send a
copy of the State's request to the Administrator of the National
Oceanic and Atmospheric Administration (NOAA) and ask for the
Administrator's recommendations within an amount of time that will
allow the Commandant (G-P) and the MARAD Administrator 45 days from
receipt of the request to determine the matter.
(d) If after receiving NOAA's recommendations the Commandant (G-P),
in concurrence with MARAD Administrator, determines that the State
should be considered an adjacent coastal State, the Commandant (G-P),
in concurrence with the MARAD Administrator, will so designate it. If
the Commandant (G-P), in concurrence with the MARAD Administrator,
denies the request, he or she will notify the requesting State's
Governor of the denial.

Sec. 148.221 How do I claim, or object to a claim, that required
information is privileged?

(a) Any person may claim that specific information required
pursuant to this part should be withheld because it is privileged, and
any person can object to that claim.
(b) Requests or objections must be submitted to the Commandant (G-
P) in writing, with sufficient specificity to identify the information
at issue, and to show why it should or should not be considered privileged.
(c) The Commandant (G-P) determines whether to grant or deny a
claim of privilege.
(d) Submission of a claim stays any deadline for providing the
information at issue, unless the claim is made pursuant to the
protection for confidential information that is provided by 33 U.S.C.
1513(b), in which case deadlines are not stayed. The Commandant (G-P)
may also determine that the information at issue is so material that
processing of the application must be suspended pending the
determination of the claim.

Public Hearings or Meetings

Sec. 148.222 When must public hearings or meetings be held?

(a) Before a license is issued, at least one public license hearing
under 33 U.S.C. 1504(g) must be held in each adjacent coastal State.
Other Federal statutes and regulations may impose additional
requirements for public hearings or meetings, and if not otherwise
prohibited, a hearing under this paragraph may be consolidated

[[Page 57661]]

with any such additional hearing or meeting.
(b) The Commandant (G-P) or the MARAD Administrator will publish a
notice of public hearings or meetings in the Federal Register, and will
mail or deliver a copy of the notice to the applicant, to each adjacent
coastal State, and to all who request a copy.
(c) Anyone may attend a public hearing or meeting and provide
relevant oral or written information. The presiding officer may limit
the time for providing oral information.

Sec. 148.227 How is a public hearing or meeting reported?

(a) After completion of a public hearing or meeting, the presiding
officer forwards a report on the hearing or meeting to the Commandant
(G-P) for docketing.
(b) The report must contain at least:
(1) An overview of the factual issues addressed;
(2) A transcript or recording of the hearing or meeting; and
(3) A copy of all material submitted to the presiding officer.
(c) During the hearing or meeting, the presiding officer announces
the information that the report must contain.

Formal Hearings

Sec. 148.228 What if a formal evidentiary hearing is necessary?

(a) After all public meetings under Sec. 148.222 of this part are
concluded, the Commandant (G-PSO), in coordination with the MARAD
Administrator, will consider whether there are one or more specific and
material factual issues that may be resolved by a formal evidentiary
hearing.
(b) If the Commandant (G-PSO), in coordination with the MARAD
Administrator, determines that one or more issues under paragraph (a)
of this section exist, the Coast Guard will hold at least one formal
evidentiary hearing under 5 U.S.C. 554 in the District of Columbia.
(c) The Commandant (G-PSO) files a request for assignment of an
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief
ALJ designates an ALJ or other person to conduct the hearing.
(d) The recommended findings and the record developed in a hearing
under paragraph (b) of this section are considered by the MARAD
Administrator in deciding whether to approve or deny a license.

Sec. 148.230 How is notice of a formal hearing given?

(a) The Commandant (G-P) publishes a notice of the hearing in the
Federal Register and sends a notice of the hearing to the applicant, to
each adjacent coastal State, and to each person who requests such a notice.
(b) The notice of the hearing includes the applicant's name, the
name of the ALJ assigned to conduct the hearing, a list of the factual
issues to be resolved, the address where documents are to be filed, and
the address where a copy of the rules of practice, procedure, and
evidence to be used at the hearing is available.

Sec. 148.232 What are the rules for a formal hearing?

(a) The Commandant (G-P) determines the rules for each formal
hearing. Unless otherwise specified in this part, the Commandant (G-P)
applies the rules of practice, procedure, and evidence in part 20 of
this chapter.
(b) The Commandant (G-P) sends a written copy of the procedure to
the applicant, each person intervening in the proceedings, and each
person who requests a copy.

Sec. 148.234 What are the limits of an Administrative Law Judge
(ALJ)'s jurisdiction?

(a) An ALJ's jurisdiction begins upon assignment to a proceeding.
(b) An ALJ's jurisdiction ends after the recommended findings are
filed with the Commandant (G-P) or immediately after the ALJ issues a
notice of withdrawal from the proceeding.

Sec. 148.236 What authority does an Administrative Law Judge (ALJ) have?

When assigned to a formal hearing, an ALJ may:
(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Issue rules of procedure for written evidence;
(d) Rule on offers of proof and receive evidence;
(e) Examine witnesses;
(f) Rule on motions of the parties;
(g) Suspend or bar an attorney from representing a person in the
proceeding for unsuitable conduct;
(h) Exclude any person for disruptive behavior during the hearing;
(i) Set the hearing schedule;
(j) Certify questions to the Commandant (G-P);
(k) Proceed with a scheduled session of the hearing in the absence
of a party who failed to appear;
(l) Extend or shorten a non-statutorily imposed deadline under this
subpart within the 240-day time limit for the completion of public
hearings in 33 U.S.C. 1504(g);
(m) Set deadlines not specified in this subpart or the Deepwater
Ports Act; and
(n) Take any other action authorized by or consistent with this
subpart, the Deepwater Ports Act, or 5 U.S.C. 551-559.

Sec. 148.238 Who are the parties to a formal hearing?

The parties to a formal hearing are:
(a) The applicant;
(b) The Commandant (G-P); and
(c) Any person intervening in the proceedings.

Sec. 148.240 How does a State or a person intervene in a formal hearing?

(a) Any person or adjacent coastal State may intervene in a formal
hearing.
(b) A person must file a petition of intervention within 10 days of
notice that the formal hearing is issued. The petition must:
(1) Be addressed to the Administrative Law Judge (ALJ) Docketing Center;
(2) Identify the issues and the petitioner's interest in those
issues; and
(3) Designate the name and address of a person who can be served if
the petition is granted.
(c) An adjacent coastal State need only file a notice of
intervention with the ALJ Docketing Center.
(d) The ALJ has the authority to limit the scope and period of
intervention during the proceeding.
(e) If the ALJ denies a petition of intervention, the petitioner
may file a notice of appeal with the ALJ Docketing Center within 7 days
of the denial.
(1) A brief may be submitted with the notice of appeal.
(2) Parties who wish to file a brief in support of or against the
notice of appeal may do so within 7 days of filing the notice.
(f) The Commandant (G-P) will rule on the appeal. The ALJ does not
have to delay the proceedings for intervention appeals.

Sec. 148.242 How does a person who is not a party to a formal hearing
present evidence at the hearing?

(a) A person who is not a party to a formal hearing may present
evidence at the hearing if he or she sends a petition to present
evidence to the ALJ Docketing Center before the beginning of the formal
hearing. The petition must describe the evidence that the person will
present and show its relevance to the issues listed in the notice of
formal hearing.
(b) If a petition is granted, the ruling will specify which
evidence is approved to be presented at the hearing.

Sec. 148.244 Who must represent the parties at a formal hearing?

(a) All organizations that are parties to the proceeding must be
represented by

[[Page 57662]]

an attorney. Individuals may represent themselves.
(b) Any attorney representing a party to the proceeding must file a
notice of appearance according to Sec. 20.301(b) of this chapter.
(c) Each attorney must be in good standing and licensed to practice
before a court of the United States or the highest court of any State,
territory, or possession of the United States.

Sec. 148.246 When is a document considered filed and where should I
file it?

(a) If a document to be filed is submitted by mail, it is
considered filed on the date it is postmarked. If a document is
submitted by hand delivery or electronically, it is considered filed on
the date received by the clerk.
(b) File all documents and other materials related to an
administrative proceeding at the U.S. Coast Guard Administrative Law
Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street,
Baltimore, MD, 21201-4022.

Sec. 148.248 What happens when a document does not contain all
necessary information?

Any document that does not satisfy the requirements in Sec. Sec.
20.303 and 20.304 of this chapter will be returned to the person who
submitted it with a statement of the reasons for denial.

Sec. 148.250 Who must be served before a document is filed?

Before a document may be filed by any party, it first must be
served upon:
(a) All other parties; and
(b) The Commandant (G-P).

Sec. 148.252 What is the procedure for serving a subpoena?

(a) A party may submit a request for a subpoena to the
Administrative Law Judge (ALJ). The request must show the relevance and
scope of the evidence sought.
(b) Requests should be submitted sufficiently in advance of the
hearing so that exhibits and witnesses can be included in the lists
required by Sec. 20.601 of this chapter, but may be submitted later
and before the end of the hearing, if good cause is shown for the late
submission.
(c) A request for a subpoena must be submitted to the ALJ.
(d) A proposed subpoena, such as the form in
http://cgweb.comdt.uscg.mil/g-cj/subpoena.doc, must be submitted with the
request. If you do not use this form, the proposed subpoena must contain:
(1) The docket number of the proceedings;
(2) The captions ``Department of Homeland Security,'' ``Coast
Guard,'' and ``Licensing of deepwater port for coastal waters off
(insert name of the coastal State closest to the proposed deepwater
port and the docket number of the proceeding)'';
(3) The name and the address of the office of the ALJ;
(4) For a subpoena giving testimony, a statement commanding the
person to whom the subpoena is directed to attend the formal hearing
and give testimony;
(5) For a subpoena producing documentary evidence, a statement
commanding the person to produce designated documents, books, papers,
or other tangible things at a designated time or place; and
(6) An explanation of the procedure in Sec. 20.309(d) of this
chapter and paragraph (h) of this section for quashing a subpoena.
(e) The procedure for serving a subpoena must follow Rule 45 of the
Federal Rules of Civil Procedure, unless the ALJ authorizes another
procedure.
(f) The witness fees for a subpoenaed witness are the same as the
fees for witnesses subpoenaed in U.S. District Courts. The person
requesting the subpoena must pay these fees.
(g) When serving a subpoena, a party must include witness fees in
the form of a check to the individual or organization for one day plus
mileage, or, in the case of a government-issued subpoena, a form SF-
1157 so a witness may receive fees and mileage reimbursement.
(h) Any person served with a subpoena has 10 days from the time of
service to move to quash the subpoena.
(i) If a person does not comply with a subpoena, the ALJ decides
whether judicial enforcement of the subpoena is necessary. If the ALJ
decides it is, the Commandant (G-P) reviews this decision.

Sec. 148.254 How is a hearing transcript prepared?

(a) Under the supervision of the Administrative Law Judge (ALJ),
the reporter prepares a verbatim transcript of the hearing. Nothing may
be deleted from the transcript, unless ordered by the ALJ and noted in
the transcript.
(b) After a formal hearing is completed, the ALJ certifies and
forwards the record, including the transcript, to the clerk to be
placed into the docket.
(c) At any time within the 20 days after the record is docketed,
the ALJ may make corrections to the certified transcript. When
corrections are filed, they are attached as appendices.
(d) Any motion to correct the record must be submitted within 10
days after the record is docketed.

Sec. 148.256 What happens at the conclusion of a formal hearing?

After closing the record of a formal hearing, the Administrative
Law Judge (ALJ) prepares a recommended finding on the issues that were
the subject of the hearing. The ALJ submits that finding to the
Commandant (G-P).

Approval or Denial of the Application

Sec. 148.276 When must the application be approved or denied?

(a) In 33 U.S.C. 1504, the Deepwater Port Act provides strict
timelines for action on a license application, which, if closely
observed, can lead to action in just under 1 year. The Coast Guard, in
concurrence with MARAD, can suspend the process if an applicant fails
to provide timely information or requests additional time to comply
with a request.
(b) The Coast Guard must conduct public hearings in each adjacent
Coastal State within 240 days of publishing the notice of receipt of a
deepwater port license application.
(c) MARAD issues a record of decision (ROD) approving or denying a
license application within 90 days after the final public hearing.
Actual issuance of a license may not take place until certain
conditions imposed by the ROD have been met. Those conditions may
include how the applicant must address design, construction,
installation, testing, operations, and decommissioning of the port, or
meet the requirements of other agencies.

Sec. 148.277 How may Federal agencies and States participate in the
application process?

(a) Under Sec. 148.209, Federal agencies and adjacent coastal
States are sent copies of the application. The agencies and States are
encouraged to begin submitting their comments at that time.
(b) To be considered, comments from Federal agencies and adjacent
coastal States must be received by the Commandant (G-P) within 45 days
after the close of the public hearing period specified in Sec.
148.276(b). Separate comment periods will apply to the review of
documents created during the National Environmental Policy Act process.
Both the Commandant (G-P) and MARAD review the comments received.
(c) Comments should identify problems, if any, and suggest possible
solutions.

Sec. 148.279 What are the criteria for approval or denial of an
application?

The criteria for approving or denying a license application appear
in 33 U.S.C. 1503.

[[Page 57663]]

Sec. 148.281 What happens when more than one application is submitted
for a deepwater port in the same application area?

(a) When more than one application is submitted for a deepwater
port in the same application area under 33 U.S.C. 1504(d), only one
application is approved. Except as provided in paragraph (b) of this
section, applicants receive priority in the following order:
(1) An adjacent coastal State or combination of States, political
subdivision of the State, or an agency or instrumentality, including a
wholly owned corporation of the State;
(2) A person that is:
(i) Not engaged in producing, refining, or marketing oil;
(ii) Not an affiliate of a person engaged in producing, refining,
or marketing oil; or
(iii) Not an affiliate of a person engaged in producing, refining,
or marketing oil; and then
(3) Any other applicant.
(b) MARAD may also approve one of the proposed deepwater ports if
it determines that that port will best serve the national interest. In
making this determination, MARAD considers:
(1) The degree to which each deepwater port will affect the
environment, as determined under the review criteria in subpart G to
this part;
(2) The differences between the anticipated completion dates of the
deepwater ports; and
(3) The differences in costs for construction and operation of the
ports that would be passed on to consumers of oil.
(c) This section does not apply to applications for natural gas
deepwater ports.

Sec. 148.283 When is the application process stopped before the
application is approved or denied?

The Commandant (G-P) recommends to MARAD that the application
process be suspended before the application is approved or denied if:
(a) All applications are withdrawn before MARAD approves one of
them; or
(b) There is only one application; it is incomplete, and the
applicant does not respond to a request by the Commandant (G-P) for
further information, as per Sec. 148.107.

Subpart D--Licenses

Sec. 148.300 What does this subpart concern?

This subpart concerns the license for a deepwater port and the
procedures for transferring, amending, suspending, reinstating,
revoking, and enforcing a license.

Sec. 148.305 What is included in a deepwater port license?

A deepwater port license contains information about the licensee
and the port, and any conditions of its own or of another agency that
may be described by MARAD in the license. Licenses are issued in
conformance with the Deepwater Ports Act of 1974, as amended, and with
rules and policies of MARAD that implement that Act.

Sec. 148.307 Who may consult with the Commandant (G-P) and the MARAD
Administrator on developing the proposed conditions of a license?

Federal agencies, the adjacent coastal States, and the owner of the
deepwater port may consult with the Commandant (G-P) and the MARAD
Administrator on the conditions of the license being developed under 33
U.S.C. 1503(e).

Sec. 148.310 How long does a license last?

Each license remains in effect indefinitely subject to the
following:
(a) If it is suspended or revoked by MARAD;
(b) If it is surrendered by the owner; or
(c) As otherwise provided by condition of the license.

Sec. 148.315 How is a license amended, transferred, or reinstated?

(a) MARAD may amend, transfer, or reinstate a license if it finds
that the amendment, transfer, or reinstatement is consistent with the
requirements of the Act and this subchapter.
(b) The owner must submit a request for an amendment, transfer, or
reinstatement to the Commandant (G-P) or the MARAD Administrator.

Sec. 148.320 How is a license enforced, suspended, or revoked?

MARAD may enforce, suspend, or revoke a license under 33 U.S.C.
1507(c).

Sec. 148.325 How soon after port decommissioning must the licensee
initiate removal?

Within 2 years of port decommissioning, the licensee must initiate
removal procedures. The Commandant (G-P) will advise and coordinate
with appropriate Federal agencies and the States concerning activities
covered by this section.

Subpart E--Site Evaluation and Pre-Construction Testing

Sec. 148.400 What does this subpart do?

(a) This subpart prescribes requirements under 33 U.S.C. 1504(b)
for the activities that are involved in site evaluation and pre-
construction testing at potential locations for deepwater ports and
that may:
(1) Adversely affect the environment;
(2) Interfere with authorized uses of the OCS; or
(3) Pose a threat to human health and welfare.
(b) For the purpose of this subpart, ``site evaluation and pre-
construction testing'' means studies performed at potential deepwater
port locations, including:
(1) Preliminary studies to determine the feasibility of a site;
(2) Detailed studies of the topographic and geologic structure of
the ocean bottom to determine its ability to support offshore
structures and other equipment; and
(3) Studies done for the preparation of the environmental analysis
required under Sec. 148.105.

Sec. 148.405 What are the procedures for notifying the Commandant (G-
P) of proposed site evaluation and pre-construction testing?

(a) Any person who wants to conduct site evaluation and pre-
construction testing at a potential site for a deepwater port must
submit a written notice to the Commandant (G-P) at least 30 days before
the beginning of the evaluation or testing. The Commandant (G-P)
advises and coordinates with appropriate Federal agencies and the
States concerning activities covered by this subpart.
(b) The written notice must include the following:
(1) The names of all parties participating in the site evaluation
and pre-construction testing;
(2) The type of activities and the way they will be conducted;
(3) Charts showing where the activities will be conducted and the
locations of all offshore structures, including pipelines and cables,
in or near the proposed area;
(4) The specific purpose for the activities;
(5) The dates when the activities will begin and end;
(6) The available data on the environmental consequences of the
activities;
(7) A preliminary report, based on existing data, of the historical
and archeological significance of the area where the proposed
activities are to take place. The report must include contacts made
with any appropriate State liaison officers for historic preservation;
and
(8) Additional information, if necessary, in individual cases.
(c) For the following activities, the notice only needs the
information required in paragraphs (b)(1), (b)(2), and

[[Page 57664]]

(b)(5) of this section, as well as a general indication of the proposed
location and purpose of the activities, including:
(1) Gravity and magneto-metric measurements;
(2) Bottom and sub-bottom acoustic profiling, within specified
limits, without the use of explosives;
(3) Sediment sampling of a limited nature using either core or grab
samplers, and the specified diameter and depth to which the sampling
would penetrate if geological profiles indicate no discontinuities that
may have archeological significance;
(4) Water and biotic sampling if the sampling does not adversely
affect shellfish beds, marine mammals, or an endangered species, or if
the sampling is permitted by another Federal agency;
(5) Meteorological measurements, including the setting of instruments;
(6) Hydrographic and oceanographic measurements, including the
setting of instruments; and
(7) Small diameter core sampling to determine foundation conditions.
(d) A separate written notice is required for each site.

Sec. 148.410 What are the conditions for conducting site evaluation
and pre-construction testing?

(a) No person may conduct site evaluation and pre-construction
testing unless it complies with this subpart and other applicable laws.
(b) Measures must be taken to prevent or minimize the effect of
activities under Sec. 148.400(a).

Sec. 148.415 When conducting site evaluation and pre-construction
testing, what must be reported?

(a) When conducting site evaluation or pre-construction testing,
the following must be immediately reported by any means to the
Commandant (G-P):
(1) Any evidence of objects of cultural, historical, or
archeological significance;
(2) Any adverse effect on the environment;
(3) Any interference with authorized uses of the OCS;
(4) Any threat to human health and welfare; and
(5) Any adverse effect on an object of cultural, historical, or
archeological significance.
(b) Within 120 days after the site evaluation or pre-construction
testing, a final written report must be submitted to the Commandant (G-
P) that contains:
(1) A narrative description of the activities performed;
(2) A chart, map, or plat of the area where the activities
occurred;
(3) The dates when the activities were performed;
(4) Information on the adverse effects of items reported under
paragraph (a) of this section;
(5) Data on the historical or archeological significance of the
area where the activities were conducted, including a report by an
underwater archeologist; and
(6) Any additional information required by the Commandant (G-P) on
a case-by-case basis.

Sec. 148.420 When may the Commandant (G-P) suspend or prohibit site
evaluation or pre-construction testing?

(a) The Commandant (G-P) may order, either in writing or orally,
with written confirmation, the prohibition or immediate suspension of
any activity related to site evaluation or pre-construction testing
when the activity threatens to harm:
(1) Human life;
(2) Biota;
(3) Property;
(4) Cultural resources;
(5) Any valuable mineral deposits; or
(6) The environment.
(b) The Commandant (G-P) will consult with the applicant on
measures to remove the cause for suspension.
(c) The Commandant (G-P) may lift a suspension after the applicant
assures the Commandant (G-P) that the activity will no longer cause the
threat on which the suspension was based.

Subpart F--Exemption From or Adjustments to Requirements in This Subchapter

Sec. 148.500 What does this subpart do?

This subpart provides procedures for requesting an exemption from a
requirement in this subchapter. The Commandant (G-P) and MARAD
coordinate in evaluating requests for exemption from the requirements
in this subchapter.

Sec. 148.505 How do I apply for an exemption?

(a) Any person required to comply with a requirement in this
subchapter may submit a petition for exemption from that requirement.
(b) The petition must be submitted in writing to the Commandant (G-
P) and the MARAD Administrator.
(c) The Commandant (G-P) may require the petition to provide an
alternative to the requirement.

Sec. 148.510 What happens when a petition for exemption involves the
interests of an adjacent coastal State?

If the petition for exemption concerns an adjacent coastal State,
the Commandant (G-P) forwards the petition to the Governor of the State
for the Governor's recommendation.

Sec. 148.515 When is an exemption allowed?

The Commandant (G-P) may recommend that MARAD allow an exemption if
he or she determines that:
(a) Compliance with the requirement would be contrary to public
interest;
(b) Compliance with the requirement would not enhance safety or the
health of the environment;
(c) Compliance with the requirement is not practical because of
local conditions or because the materials or personnel needed for
compliance are unavailable;
(d) National security or national economy justifies a departure
from the rules; or
(e) The alternative, if any, proposed in the petition would:
(1) Ensure comparable or greater safety, protection of the
environment, and quality of deepwater port construction, maintenance,
and operation; and
(2) Be consistent with recognized principles of international law.

Sec. 148.600 What is the limit of financial liability?

The financial limit for liability for deepwater ports is set in
accordance with 33 U.S.C. 2704.

Sec. 148.605 How is the limit of liability determined?

(a) The Coast Guard may lower the $350,000,000 limit of liability
for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph
(d) of that section, particularly for natural gas deepwater ports that
will store or use oil in much smaller amounts than an oil deepwater port.
(b) Requests to adjust the limit of liability for a deepwater port
must be submitted to the Commandant (G-P). Adjustments are established
by a rulemaking with public notice and comment that may take place
concurrently with the processing of the deepwater port license application.

Subpart G--Environmental Review Criteria for Deepwater Ports

Sec. 148.700 How does the Deepwater Port Act interact with other
Federal and State laws?

(a) Nothing in this subpart supersedes any Federal, tribal, or
State requirements for the protection of the environment.
(b) The applicant must prepare and submit applications to each
respective agency that requires a permit or license to operate the port.

[[Page 57665]]

(c) A list of Federal and State agencies that require certification
includes, but is not limited to:
(1) The Environmental Protection Agency, for Clean Air Act and
Clean Water Act permits;
(2) The Pipeline and Hazardous Materials Safety Administration,
Office of Pipeline Safety; and
(3) The Mineral Management Service (MMS); or
(4) Both the Office of Pipeline Safety and MMS for pipeline approvals,
and the appropriate State environmental agency or permitting agency.

Sec. 148.702 How were the environmental review criteria developed?

Under 33 U.S.C. 1505, the Commandant (G-P) must establish
environmental review criteria for use in evaluating a proposed
deepwater port. In developing these criteria, the Coast Guard considers
the requirements for compliance with Federal and State mandates for the
protection of the environment contained in, but not limited to, such
guidance as published by:
(a) The Council on Environmental Quality in 40 CFR parts 1500-1508;
(b) Department of Homeland Security Directive 5100.1, Environmental
Planning Program; and
(c) The Coast Guard in Commandant Instruction M16475.1D, National
Environmental Policy Act Implementing Procedures and Policy for
Considering Environmental Impacts.

Sec. 148.705 What is determined by the environmental evaluation?

(a) The environmental criteria to be used in evaluating a license
application are established by general consensus of expertise,
scientific opinion, public interest, and institutional requirements,
such as laws and regulations established for the protection of the
environment. Criteria that may be established in future environmental
regulations or other requirements to protect the environment will also
be used.
(b) The environmental criteria to be used in evaluating a license
application are applied to all relevant aspects of:
(1) The fabrication, construction, operation, and decommissioning
phases of a deepwater port;
(2) The operations of the vessels that serve the port;
(3) The port's servicing and support activities;
(4) Shore-based construction and fabrication sites;
(5) Shoreside supporting facilities, if appropriate, for the
proposed location; and
(6) The No Action alternative and other reasonable alternatives.
(c) The criteria are also applied in a manner that takes into
account the cumulative effects of other reasonably foreseeable actions
as outlined in Sec. 148.707.

Sec. 148.707 What type of criteria will be used in an environmental
review and how will they be applied?

(a) The license application will be reviewed for the deepwater
port's effects on the environment and for the environment's effects on
the port and any of its shoreside support facilities.
(b) The environmental evaluation will be applied to the phases of
construction, operation, and decommissioning of the proposed location,
and at least one alternative site. The evaluation will determine:
(1) The effect on the environment, including but not limited to:
(i) Impacts on endangered species;
(ii) Essential fish habitat;
(iii) Marine sanctuaries;
(iv) Archaeological, cultural and historic sites;
(v) Water and air;
(vi) Coastal zone management;
(vii) Coastal barrier resources; and
(viii) Wetlands and flood plains.
(2) The effect on oceanographic currents and wave patterns;
(3) The potential risks to a deepwater port from waves, winds,
weather, and geological conditions, and the steps that can be taken to
protect against or minimize these dangers; and
(4) The effect on human health and welfare, including socioeconomic
impacts, environmental justice and protection of children from
environmental health and safety risks.

Sec. 148.708 Must the applicant's proposal reflect potential regulations?

Although a regulation is of no effect until it has been officially
promulgated, to minimize the subsequent impact that potential
regulations may have on a licensee, an applicant can and should reflect
reasonably foreseeable environmental regulations in planning,
operating, and decommissioning a deepwater port.

Sec. 148.709 How are these criteria reviewed and revised?

The Commandant (G-P) periodically reviews and may revise these
criteria. Reviews and revisions are conducted in accordance with Sec.
148.700 of this subpart. The criteria established are consistent with
the National Environmental Policy Act.

Sec. 148.710 What environmental conditions must be satisfied?

(a) MARAD may issue a license to construct a deepwater port under
the Act, with or without conditions, if certain specified conditions
are met. The relevant environmental considerations include, but are not
limited to, the following:
(1) Construction and operation of the deepwater port that will be
in the national interest and consistent with national security and
other national policy goals and objectives, including energy
sufficiency, environmental quality, protection from the threat of
terrorist attack and other subversive activity against persons and
property on the port and the vessels and crews calling at the port; and
(2) Under the environmental review criteria in Sec. 148.707 of
this subpart, the applicant has demonstrated that the deepwater port
will be fabricated, constructed, operated, and decommissioned using the
best available technology to prevent or minimize adverse impacts on the
marine environment (33 U.S.C. 1503(c)(3), 1504(f) and 1505(a)(1)).
(b) Under 33 U.S.C. 1504(f), these criteria must be considered in
the preparation of a single detailed environmental impact statement or
environmental assessment for all timely applications covering a single
application area. Additionally, 33 U.S.C. 1504(i)(3) specifies that if
more than one application is submitted for an ``application area,'' as
defined in 33 U.S.C. 1504(d)(2), the criteria must be used, among other
factors, in determining whether any one proposed deepwater port for oil
clearly best serves the national interest.
(c) In accordance with 40 CFR 1502.9, the Commandant (G-P) will
prepare a supplement to a final environmental impact statement if there
is significant new information or circumstances relevant to
environmental concerns and bearing on the deepwater port and related
activities affecting its location site, construction, operation or
decommissioning.

Sec. 148.715 How is an environmental review conducted?

The environmental review of a proposed deepwater port and
reasonable alternatives consists of Federal, tribal, State, and public
review of the following two parts:
(a) An evaluation of the proposal's completeness of environmental
information and quality of assessment, probable environmental impacts,
and identification of procedures or technology that might mitigate
probable adverse environmental impacts through avoiding, minimizing,
rectifying, reducing, eliminating, or compensating for those impacts;
and

[[Page 57666]]

(b) An evaluation of the effort made under the proposal to mitigate
its probable environmental impacts. This evaluation will assess the
applicant's consideration of the criteria in Sec. Sec. 148.720 through
148.740 of this subpart.

Sec. 148.720 What are the siting criteria?

In accordance with Sec. 148.715(b), the proposed and alternative
sites for the deepwater port will be evaluated on the basis of how well
each:
(a) Optimizes location to prevent or minimize detrimental
environmental effects;
(b) Minimizes the space needed for safe and efficient operation;
(c) Locates offshore components in areas with stable sea bottom
characteristics;
(d) Locates onshore components where stable foundations can be
developed;
(e) Minimizes the potential for interference with its safe
operation from existing offshore structures and activities;
(f) Minimizes the danger posed to safe navigation by surrounding
water depths and currents;
(g) Avoids extensive dredging or removal of natural obstacles such
as reefs;
(h) Minimizes the danger to the port, its components, and tankers
calling at the port from storms, earthquakes, or other natural hazards;
(i) Maximizes the permitted use of existing work areas, facilities,
and access routes;
(j) Minimizes the environmental impact of temporary work areas,
facilities, and access routes;
(k) Maximizes the distance between the port, its components, and
critical habitats including commercial and sport fisheries, threatened
or endangered species habitats, wetlands, flood plains, coastal
resources, marine management areas, and essential fish habitats;
(l) Minimizes the displacement of existing or potential mining,
oil, or gas exploration and production or transportation uses;
(m) Takes advantage of areas already allocated for similar use,
without overusing such areas;
(n) Avoids permanent interference with natural processes or
features that are important to natural currents and wave patterns; and
(o) Avoids dredging in areas where sediments contain high levels of
heavy metals, biocides, oil or other pollutants or hazardous materials,
and in areas designated wetlands or other protected coastal resources.

Sec. 148.722 Should the construction plan incorporate best available
technology and recommended industry practices?

Each applicant must submit a proposed construction plan. It must
incorporate best available technology and recommended industry
practices as directed in Sec. 148.730.

Sec. 148.725 What are the design, construction and operational criteria?

In accordance with Sec. 148.720(b), the deepwater port proposal
and reasonable alternatives will be evaluated on the basis of how well
they:
(a) Reflect the use of best available technology in design,
construction procedures, operations, and decommissioning;
(b) Include safeguards, backup systems, procedures, and response
plans to minimize the possibility and consequences of pollution
incidents such as spills and discharges, while permitting safe
operation with appropriate safety margins under maximum operating loads
and the most adverse operating conditions;
(c) Provide for safe, legal, and environmentally sound waste
disposal, resource recovery, affected area reclamation, and enhanced
use of spoil and waste;
(d) Avoid permanent interference with natural processes or features
that are important to natural currents and wave patterns;
(e) Avoid groundwater drawdown or saltwater intrusion, and
minimizes mixing salt, fresh, and brackish waters;
(f) Avoid disrupting natural sheet flow, water flow, and drainage
patterns or systems;
(g) Avoid interference with biotic populations, especially breeding
habitats or migration routes;
(h) Maximize use of existing facilities;
(i) Provide personnel trained in oil spill prevention at critical
locations identified in the accident analysis;
(j) Provide personnel trained in oil spill mitigation; and
(k) Plan for safe and effective removal of the deepwater port in
the event of its decommissioning.

Sec. 148.730 What are the land use and coastal zone management criteria?

In accordance with Sec. 148.715(b), the deepwater port proposal
and reasonable alternatives will be evaluated on the basis of how well they:
(a) Accord with existing and planned land use, including management
of the coastal region, for which purpose the proposal must be
accompanied by a consistency determination from appropriate State
agencies for any designated adjacent coastal State;
(b) Adhere to proposed local and State master plans;
(c) Minimize the need for special exceptions, zoning variances, or
non-conforming uses;
(d) Plan flood plain uses in ways that will minimize wetlands loss,
flood damage, the need for federally-funded flood protection or flood
relief, or any decrease in the public value of the flood plain as an
environmental resource; and
(e) Avoid permanent alteration or harm to wetlands, and take
positive steps to minimize adverse effects on wetlands.

Sec. 148.735 What are other critical criteria that must be evaluated?

In accordance with Sec. 148.715(b), the deepwater port proposal
and reasonable alternatives will be evaluated on the basis of how well they:
(a) Avoid detrimental effects on human health and safety;
(b) Pose no compromise to national security;
(c) Account for the historic, archeological, and cultural
significance of the area, including any potential requirements for
historical preservation;
(d) Minimize harmful impacts to minorities and children; and
(e) Plan for serious consideration of the proposal that offers the
least potential for environmental harm to the region, or potential
mitigation actions, when conflict exists between two or more proposed
uses for a site.

Sec. 148.737 What environmental statutes must an applicant follow?

In constructing and operating a deepwater port, the port must
comply with all applicable Federal, State, and tribal environmental
statutes. For the purposes of information, a list of Federal
environmental statutes and Executive Orders (E.O.s) that may apply
includes but is not limited to: Abandoned Shipwreck Act (ASA), 43
U.S.C. 2102, et. seq.; American Indian Religious Freedom Act (AIRFA),
42 U.S.C. 1996, et. seq.; Antiquities Act, 16 U.S.C. 433, et. seq.;
Archeological and Historic Preservation Act (AHPA), 16 U.S.C. 469;
Archeological Resources Protection Act (AHPA), 16 U.S.C. 470 aa-ll, et.
seq.; Architectural Barriers Act, 42 U.S.C. 4151, et. seq.; Clean Air
Act (CAA), Pub. L. 95-95, 42 U.S.C. 7401, et. seq.; Clean Water Act of
1977 (CWA), Pub. L. 95-217, 33 U.S.C. 1251, et. seq.; Coastal Barrier
Resources Act (CBRA), Pub. L. 97-348, 16 U.S.C. 3510, et. seq.; Coastal
Zone Management Act (CZMA), Pub. L. 92-583, 16 U.S.C. 1451, et. seq.;
Community Environmental Response Facilitation Act (CERFA), 42 U.S.C.
9620, et. seq.; Comprehensive

[[Page 57667]]

Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), also commonly referred to as Superfund, Pub. L. 96-510, 26
U.S.C. 4611, et. seq.; Consultation and Coordination With Indian Tribal
Governments, E.O. 13175, 59 FR 22951; Coral Reef Protection, E.O.
13089, 63 FR 32701; Department of Transportation Act, Section 4(f),
Pub. L. 89-670, 49 U.S.C. 303, Section 4(f), et. seq.; Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001-11050, et.
seq.; Endangered Species Act of 1973 (ESA), Pub. L. 93-205, 16 U.S.C.
1531, et. seq.; Energy Efficiency and Water Conservation at Federal
Facilities, E.O. 12902, 59 FR 11463; Environmental Effects Abroad of
Major Federal Agencies, E.O. 12114, 44 FR 1957; Environmental Quality
Improvement Act, Pub. L. 98-581, 42 U.S.C. 4371, et. seq.; Farmlands
Protection Policy Act, Pub. L. 97-98, 7 U.S.C. 4201, et. seq.; Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, E.O. 12898, 59 FR 7629; Federal Compliance with
Pollution Control Standards, E.O. 12088, 43 FR 47707; Federal
Insecticide, Fungicide, and Rodenticide Act, Pub. L. 86-139, 7 U.S.C.
135, et. seq.; Federal Records Act (FRA), 44 U.S.C. 2101-3324, et.
seq.; Federalism, E.O. 13083, Fish and Wildlife Act of 1956, Pub. L.
85-888, 16 U.S.C. 742, et. seq.; Fish and Wildlife Coordination Act,
(Pub. L. 85-624, 16 U.S.C. 661, et. seq.; Fisheries Conservation and
Recovery Act of 1976, Pub. L. 94-265, 16 U.S.C. 1801, et. seq.; Flood
Disaster Protection Act, 42 U.S.C. 4001, et. seq.; Flood Plain
Management and Protection, E.O. 11988, 42 FR 26951; Greening the
Government Through Leadership in Environmental Management, E.O. 13148,
65 FR 24595; 63 FR 49643; Historic Sites Act, 16 U.S.C. 46, et. seq.;
Indian Sacred Sites, E.O. 13007, 61 FR 26771; Intergovernmental Review
of Federal Programs E.O. 12372, 47 FR 30959; Invasive Species, E.O.
13112, 64 FR 6183; Locating Federal Facilities on Historic Properties
in our Nation's Central Cities, E.O. 13006, 61 FR 26071; Magnuson-
Stevens Fishery Conservation and Management Act as amended through
October 11, 1996, 16 U.S.C. 1801, et. seq.; Marine Mammal Protection
Act of 1972 (MMPA), Pub. L. 92-522, 16 U.S.C. 1361; Marine Protected
Areas, E.O. 13158, 65 FR 24909; Marine Protection, Research, and
Sanctuaries Act of 1972, Pub. L. 92-532, 16 U.S.C. 1431, et. seq. and
33 U.S.C. U.S.C. 1401, et. seq.; Migratory Bird Treaty Act, 16 U.S.C.
703-712, et. seq.; National Environmental Policy Act of 1969 (NEPA),
Pub. L. 91-190, 42 U.S.C. 4321, et. seq.; National Historic
Preservation Act of 1996 (NHPA), Pub. L. 89-665, 16 U.S.C. 470, et.
seq.; Native American Graves Protection and Repatriation Act (NAGPRA),
25 U.S.C. 3001, et. seq.; Noise Control Act of 1972, Pub. L. 92-574, 42
U.S.C. 4901, et. seq.; Pollution Prevention Act of 1990 (PPA), 42
U.S.C. 13101-13109, et. seq.; Protection and Enhancement of Cultural
Environmental Quality, E.O. 11593, 36 FR 8921; Protection and
Enhancement of Environmental Quality, E.O. 11514, 35 FR 4247;
Protection of Children from Environmental Health and Safety Risks, E.O.
13045, 62 FR 19885; Protection of Wetlands, E.O. 11990, 42 FR 26961;
Recreational Fisheries, E.O. 12962, 60 FR 307695; Resource Conservation
and Recovery Act of 1976 (RCRA), Pub. L. 94-580, 42 U.S.C. 6901, et.
seq.; Responsibilities of Federal Agencies to Protect Migratory Birds,
E.O. 13186, 66 FR 3853; Safe Drinking Water Act (SDWA), Pub. L. 93-523,
42, U.S.C. 201, et. seq.; Toxic Substances Control Act (TSCA), 7 U.S.C.
136, et. seq.; and Wild and Scenic Rivers Act, Pub. L. 90-542, 16
U.S.C. 1271, et. seq.

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

Subpart A--General
Sec.
149.1 What does this part do?
149.5 What definitions apply to this part?
149.10 Where can I obtain a list of Coast Guard-approved equipment?
149.15 What is the process for submitting alterations and
modifications affecting the design and construction of a deepwater port?
Subpart B--Pollution Prevention Equipment
149.100 What does this subpart do?
149.103 What are the requirements for discharge containment and
removal material and equipment?
149.105 What are the requirements for the overflow and relief valves?
149.110 What are the requirements for pipeline end manifold shutoff valves?
149.115 What are the requirements for blank flange and shutoff valves?
149.120 What are the requirements for manually operated shutoff valves?
149.125 What are the requirements for the malfunction detection system?
149.130 What are the requirements for the cargo transfer system alarm?
149.135 What should be marked on the cargo transfer system alarm switch?
149.140 What communications equipment must be on a deepwater port?
149.145 What are the requirements for curbs, gutters, drains, and
reservoirs?
Subpart C--Lifesaving Equipment
149.300 What does this subpart do?

Manned Deepwater Port Requirements

149.301 What are the requirements for lifesaving equipment?
149.302 What are the requirements when lifesaving equipment is
repaired or replaced?
149.303 What survival craft and rescue boats may be used on a manned
deepwater port?
149.304 What type and how many survival craft and rescue boats must
a manned deepwater port have?
149.305 What are the survival craft requirements for temporary personnel?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats?
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuation systems?
149.310 What are muster and embarkation requirements for survival crafts?
149.311 What are the launching and recovery requirements for lifeboats?
149.312 What are the launching equipment requirements for inflatable
liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements for rescue boats?
149.315 What embarkation, launching, and recovery arrangements must
rescue boats meet?
149.316 What are the requirements for lifejackets?
149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?
149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring life buoys?
149.321 How many ring life buoys must be on each deepwater port?
149.322 Where must ring life buoys be located and how must they be stowed?
149.323 What are the requirements for first aid kits?
149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be on a manned
deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vests and anti-
exposure (deck) suits?
149.328 How must work vests and anti-exposure (deck) suits be stowed?
149.329 How must work vests and deck suits be marked?
149.330 When may a work vest or deck suit be substituted for a lifejacket?
149.331 What are the requirements for hybrid personal flotation devices?
149.332 What are the requirements for inflatable lifejackets?
149.333 What are the marking requirements for lifesaving equipment?

[[Page 57668]]

Unmanned Deepwater Port Requirements

149.334 Who must ensure compliance with the requirements for
unmanned deepwater ports?
149.335 When are people prohibited from being on an unmanned
deepwater port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring life buoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for previously approved lifesaving
equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipment that is
not required by this subchapter?
Subpart D--Firefighting and Fire-Protection Equipment
149.400 What does this subpart apply to?
149.401 What are the general requirements for firefighting and fire
protection equipment?
149.402 What firefighting and fire protection equipment must be
approved by the Coast Guard?
149.403 How may I request the use of alternate firefighting and fire
prevention equipment or procedures?

Firefighting Requirements

149.404 Can I use firefighting equipment that has no Coast Guard standards?
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fire extinguisher?
149.407 Must fire extinguishers be on the deepwater port at all times?
149.408 What are the maintenance requirements for fire extinguishers?
149.409 How many fire extinguishers are needed?
149.410 Where must portable and semi-portable fire extinguishers be located?
149.411 What are the requirements for firemen's outfits?
149.412 How many fire axes are needed?
149.413 On a manned deepwater port, what spaces require a fixed fire
extinguishing system?
149.414 What are the requirements for a fire detection and alarm system?
149.415 What are the requirements for a fire main system on a manned
deepwater port?
149.416 What are the requirements for a dry chemical fire
suppression system?
149.417 What firefighting equipment must a helicopter landing deck
on a manned deepwater port have?
149.418 What fire-protection system must a helicopter fueling
facility have?
149.419 Can the water supply for the helicopter deck fire protection
system be part of a fire water system?
149.420 What are the fire protection requirements for escape routes?
149.421 What is the requirement for a previously approved fire
detection and alarm system on a deepwater port?
Subpart E--Aids to Navigation

General

149.500 What does this subpart do?
149.505 What are the general requirements for aids to navigation?
149.510 How do I get permission to establish an aid to navigation?

Lights

149.520 What kind of lights are required?

Lights on Platforms

149.535 What are the requirements for rotating beacons on platforms?

Lights on Single Point Moorings

149.540 What are the requirements for obstruction lights on an
single point mooring?

Lights on Floating Hose Strings

149.550 What are the requirements for lights on a floating hose string?

Lights on Buoys Used to Define Traffic Lanes

149.560 How must buoys used to define traffic lanes be marked and lighted?
149.565 What are the required characteristics and intensity of
lights on buoys used to define traffic lanes?

Miscellaneous

149.570 How is a platform, single point mooring, or submerged turret
loading identified?
149.575 How must objects protruding from the water, other than
platforms and single point moorings, be marked?
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?
Subpart F--Design and Equipment

General

149.600 What does this subpart do?
149.610 What must the District Commander be notified of and when?
149.615 What construction drawings and specifications are required?
149.620 What happens when the Commandant (G-P) reviews and evaluates
the construction drawings and specifications?
149.625 What are the design standards?

Structural Fire Protection

149.640 What are the requirements for fire protection systems?
149.641 What are the structural fire protection requirements for
accommodation spaces and modules?

Single Point Moorings

149.650 What are the requirements for single point moorings and
their attached hoses?

Helicopter Fueling Facilities

149.655 What are the requirements for helicopter fueling facilities?

Emergency Power

149.660 What are the requirements for emergency power?

General Alarm System

149.665 What are the requirements for a general alarm system?
149.670 What are the requirements for marking a general alarm system?

Public Address System

149.675 What are the requirements for the public address system?

Medical Treatment Rooms

149.680 What are the requirements for medical treatment rooms?
149.685 May a medical treatment room be used for other purposes?

Miscellaneous

149.690 What are the requirements for means of escape, personnel
landings, guardrails, similar devices, and for noise limits?

Means of Escape

149.691 What means of escape are required?
149.692 Where must they be located?

Personnel Landings

149.693 What are the requirements for personnel landings on manned
deepwater ports?

Guardrails and Similar Devices

149.694 What are the requirements for catwalks, floors, and openings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landing deck safety net?

Noise Limits

149.697 What are the requirements for a noise level survey?

Portable Lights

149.700 What kind of portable lights may be used on a deepwater port?

Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).

Subpart A--General

Sec. 149.1 What does this part do?

This part provides requirements for the design and construction of
deepwater ports. It also provides the requirements for equipment for
deepwater ports.

Sec. 149.5 What definitions apply to this part?

Definitions applicable to this part appear in 33 CFR 148.5. In
addition, the following terms are used in this part and have the
indicated meanings:
Accommodation module means a module with one or more accommodation
spaces that is individually contracted and may be used for one or more
facilities.
Major conversion means a conversion, as determined by the
Commandant (G-P), that substantially changes the dimensions of a
facility, substantially

[[Page 57669]]

changes the water depth capability of a fixed facility, substantially
changes the carrying capacity of a floating facility, substantially
changes the processing equipment, changes the type of a facility,
substantially prolongs the life of a facility, or otherwise so changes
the facility that it is essentially a new facility.
Service space means a space used for a galley, a pantry containing
cooking appliances, a storeroom, or a workshop other than those in
industrial areas, and trunks to those spaces.
Sleeping space means a space provided with bunks for sleeping.

Sec. 149.10 Where can I obtain a list of Coast Guard-approved equipment?

Where equipment in this subchapter must be of an approved type, the
equipment must be specifically approved by the Commandant (G-P) and the
Marine Safety Center. A list of approved equipment, including all of
the approval series, is available at: http://cgmix.uscg.mil/Equipment.

Sec. 149.15 What is the process for submitting alterations and
modifications affecting the design and construction of a deepwater port?

(a) Alterations and modifications affecting the design and
construction of a deepwater port must be submitted to the Commandant
(G-P) for review and approval if:
(1) A license has not yet been issued; or,
(2) A license has been issued but the port has not commenced
operations; or,
(3) The alteration and modification are deemed a major conversion;
or,
(4) The alteration or modification substantially changes the manner
in which the port operates or is not in accordance with a condition of
the license.
(b) All other alterations and modifications to the deepwater port
must be submitted to the Officer in Charge of Marine Inspection (OCMI)
for review and approval.
(c) Approval for alterations and modifications proposed after a
license has been issued will be contingent upon whether the proposed
changes will affect the way the port operates, or any conditions
imposed in the license.
(d) The licensee is not authorized to proceed with alterations
prior to approval from the Commandant (G-P) for the conditions outlined
in paragraph (a) and approval by the cognizant OCMI as required in
paragraph (b) of this section.
(e) The Commandant (G-P), during the review and approval process of
a proposed alteration or modification, may consult with the Marine
Safety Center and cooperating Federal agencies possessing relevant
technical expertise.

Subpart B--Pollution Prevention Equipment

Sec. 149.100 What does this subpart do?

This subpart provides requirements for pollution equipment on
deepwater ports.

Sec. 149.103 What are the requirements for discharge containment and
removal material and equipment?

(a) Each deepwater port must have a facility response plan that
meets the requirements outlined in subpart F, part 154, of this
chapter, and be approved by the cognizant Captain of the Port.
(b) The facility response plan must identify adequate spill
containment and removal equipment for port-specific spill scenarios.
(c) Response equipment and material must be pre-positioned for
ready access and use on board the deepwater port.

Sec. 149.105 What are the requirements for the overflow and relief valves?

(a) Each oil and natural gas transfer system (OTS/NGTS) must
include a relief valve that, when activated, prevents pressure on any
component of the OTS/NGTS from exceeding its maximum rated pressure.
(b) The transfer system overflow or relief valve must not allow a
discharge into the sea.

Sec. 149.110 What are the requirements for pipeline end manifold
shutoff valves?

Each pipeline end manifold must have a shutoff valve capable of
operating both manually and from the pumping platform complex.

Sec. 149.115 What are the requirements for blank flange and shutoff
valves?

Each floating hose string must have a blank flange and a shutoff
valve at the vessel's manifold end.

Sec. 149.120 What are the requirements for manually operated shutoff
valves?

Each oil and natural gas transfer line passing through a single
point mooring buoy system must have a manual shutoff valve.

Sec. 149.125 What are the requirements for the malfunction detection
system?

(a) Each oil and natural gas system, between a pumping platform
complex and the shore, must have a system that can detect and locate
leaks and other malfunctions, particularly in high-risk areas.
(b) The marine transfer area on an oil deepwater port must be
equipped with a monitoring system in accordance with Sec. 154.525 of
this chapter.
(c) A natural gas deepwater port must be equipped with gas
detection equipment adequate for the type of transfer system, including
storage and regasification, used. The Commandant (G-P) will evaluate
proposed leak-detection systems for natural gas on an individual basis.

Sec. 149.130 What are the requirements for the cargo transfer system
alarm?

(a) Each cargo transfer system must have an alarm to signal a
malfunction or failure in the system.
(b) The alarm must sound automatically in the control room and:
(1) Be capable of being activated at the pumping platform complex;
(2) Have a signal audible in all areas of the pumping platform
complex, except in areas under paragraph (b)(3) of this section;
(3) Have a high intensity flashing light in areas of high ambient
noise levels where hearing protection is required under Sec. 150.615
of this chapter; and
(4) Be distinguishable from the general alarm.
(c) Tankers calling on unmanned deepwater ports must be equipped
with a transfer system alarm described in this section.

Sec. 149.135 What should be marked on the cargo transfer system alarm
switch?

Each switch for activating an alarm, and each audio or visual
device for signaling an alarm, must be identified by the words ``Oil
Transfer Alarm'' or ``Natural Gas Transfer Alarm'' in red letters at
least 1 inch high on a yellow background.

Sec. 149.140 What communications equipment must be on a deepwater port?

(a) Each deepwater port must have the following communications
equipment:
(1) A system for continuous two-way voice communication among the
deepwater port, the tankers, the support vessels, and other vessels
operating at the port. The system must be usable and effective in all
phases of a transfer and in all conditions of weather at the port;
(2) A means to indicate the need to use the communication system
required by this section, even if the means is the communication system
itself; and
(3) Equipment that, for each portable means of communication used
to meet the requirements of this section, is:
(i) Certified under 46 CFR 111.105-11 to be operated in Group D,
Class 1, Division 1 Atmosphere; and,
(ii) Permanently marked with the certification required in
paragraph (a)(3)(i) of this section. As an alternative to this marking
requirement, a

[[Page 57670]]

document certifying that the portable radio devices in use are in
compliance with this section may be kept at the deepwater port.
(b) The communication system of the tank ship mooring at an
unmanned port will be deemed the primary means of communicating with
support vessels, shore side, etc.

Sec. 149.145 What are the requirements for curbs, gutters, drains,
and reservoirs?

Each pumping platform complex must have enough curbs, gutters,
drains, and reservoirs to collect, in the reservoirs, all oil and
contaminants not authorized for discharge into the ocean according to
the port's National Pollution Discharge Elimination System permit.

Subpart C--Lifesaving Equipment

Sec. 149.300 What does this subpart do?

This subpart provides requirements for lifesaving equipment on
deepwater ports.

Manned Deepwater Port Requirements

Sec. 149.301 What are the requirements for lifesaving equipment?

(a) Each deepwater port on which at least one person occupies an
accommodation space for more than 30 consecutive days in any successive
12-month period must comply with the requirements for lifesaving
equipment in this subpart.
(b) Each deepwater port, not under paragraph (a) of this section,
must comply with the requirements for lifesaving equipment for unmanned
deepwater ports in this subpart.

Sec. 149.302 What are the requirements when lifesaving equipment is
repaired or replaced?

When lifesaving equipment is replaced, or when the deepwater port
undergoes a repair, alteration, or modification that involves replacing
or adding to the lifesaving equipment, the new lifesaving equipment
must meet the requirements of this subpart.

Sec. 149.303 What survival craft and rescue boats may be used on a
manned deepwater port?

(a) Each survival craft on a manned deepwater port must be one of
the following:
(1) A lifeboat meeting the requirements of Sec. 149.306 of this
subpart; or
(2) A liferaft meeting the requirements of Sec. 149.308 of this
subpart.
(b) Each rescue boat on a manned deepwater port must be a rescue
boat meeting the requirements of Sec. 149.314 of this subpart.

Sec. 149.304 What type and how many survival craft and rescue boats
must a manned deepwater port have?

(a) Except as specified under Sec. 149.305 of this subpart, each
manned deepwater port must have at least the type and number of
survival craft and the number of rescue boats indicated for the
deepwater port in paragraphs (a)(1) through (a)(5) of this section.
(1) For a deepwater port with 30 or fewer persons on board:
(i) One or more lifeboats with a total capacity of 100 percent of
the personnel on board;
(ii) One or more liferafts with a total capacity of 100 percent of
the personnel on board; and
(iii) One rescue boat, except that the rescue boat is not required
for deepwater ports with eight or fewer persons on board.
(2) For a deepwater port with 31 or more persons on board:
(i) At least two lifeboats with a total capacity of 100 percent of
the personnel on board;
(ii) One or more liferafts with a total capacity so that, if the
survival craft at any one location are rendered unusable, there will be
craft remaining with a total capacity of 100 percent of the personnel
on board; and
(iii) One rescue boat.
(3) Lifeboats may be substituted for liferafts.
(4) Capacity refers to the total number of persons on the deepwater
port at any one time, not including temporary personnel. Temporary
personnel include: contract workers, official visitors, and any other
persons who are not permanent employees. See Sec. 149.305 of this
subpart for additional survival craft requirements when temporary
personnel are on board.
(5) The required lifeboats may be used as rescue boats if the
lifeboats also meet the requirements for rescue boats in Sec. 149.314
of this subpart.
(b) Deepwater ports consisting of novel structures or a combination
of fixed and/or floating structures may require additional survival
craft as deemed necessary by the Commandant (G-P). In these cases, the
type and number of survival craft must be specified in the operations
manual.

Sec. 149.305 What are the survival craft requirements for temporary
personnel?

(a) When temporary personnel are on board a manned deepwater port
and the complement exceeds the capacity of the survival craft required
under Sec. 149.304 of this subpart, the port must have additional
liferafts to ensure that the total capacity of the survival craft is
not less than 150 percent of the personnel on board at any time.
(b) The liferafts required in paragraph (a) of this section need
not meet the launching requirements of paragraph (b) to Sec. 149.308
of this subpart, but must comply with the stowage requirements of 46
CFR 108.530(c).

Sec. 149.306 What are the requirements for lifeboats?

(a) Lifeboats must be:
(1) Totally enclosed, fire-protected, and approved under approval
series 160.135; and
(2) If the hull or canopy is of aluminum, it must be protected in
its stowage position by a water spray system meeting the requirements
of 46 CFR 34.25.
(b) Each lifeboat must have at least the provisions and survival
equipment required by 46 CFR 108.575(b).
(c) Except for boathooks, the equipment under paragraph (b) of this
section must be securely stowed in the lifeboat.
(d) Each lifeboat must have a list of the equipment it is required
to carry under paragraph (c) of this section. The list must be posted
in the lifeboat.
(e) The manufacturer's instructions for maintenance and repair of
the lifeboat, required under Sec. 150.502(a) of this chapter, must be
in the lifeboat or on the deepwater port.

Sec. 149.307 What are the requirements for free-fall lifeboats?

All free-fall lifeboats must be approved under approval series 160.135.

Sec. 149.308 What are the requirements for liferafts?

(a) Each liferaft must be an inflatable liferaft approved under
approval series 160.151, or a rigid liferaft approved under approval
series 160.118.
(b) Except as under Sec. 149.305(b) of this subpart, each
inflatable or rigid liferaft, boarded from a deck that is more than 4.5
meters (14.75 feet) above the water, must be davit-launched or served
by a marine evacuation system complying with Sec. 149.309 to this subpart.

Sec. 149.309 What are the requirements for marine evacuation systems?

All marine evacuation systems must be approved under approval
series 160.175 and comply with the launching arrangement requirements
for mobile offshore drilling units in 46 CFR 108.545.

Sec. 149.310 What are the muster and embarkation requirements for
survival craft?

Muster and embarkation arrangements for survival craft must comply
with 46 CFR 108.540.

[[Page 57671]]

Sec. 149.311 What are the launching and recovery requirements for
lifeboats?

(a) Each lifeboat launched by falls must have a launching and
recovery system that complies with 46 CFR 108.555.
(b) Each free-fall lifeboat must have a launching and recovery
system that complies with 46 CFR 108.557.

Sec. 149.312 What are the launching equipment requirements for
inflatable liferafts?

(a) Each inflatable liferaft not intended for davit launching must
be capable of rapid deployment.
(b) Each liferaft capable of being launched by a davit must have
the following launching equipment at each launching station:
(1) A launching device approved under approval series 160.163; and
(2) A mechanical disengaging apparatus approved under approval
series 160.170.
(c) The launching equipment must be operable, both from within the
liferaft and from the deepwater port.
(d) Winch controls must be located so that the operator can observe
the liferaft launching.
(e) The launching equipment must be arranged so that a loaded
liferaft does not have to be lifted before it is lowered.
(f) Not more than two liferafts may be launched from the same set
of launching equipment.

Sec. 149.313 How must survival craft be arranged?

The operator must arrange survival craft so that they meet the
requirements of 46 CFR 108.525 (a) and Sec. 108.530 and:
(a) Are readily accessible in an emergency;
(b) Are accessible for inspection, maintenance, and testing;
(c) Are in locations clear of overboard discharge piping or
openings, and obstructions below; and
(d) Are located so that survival craft with an aggregate capacity
to accommodate 100% of the total number of persons authorized to be
berthed are readily accessible from the personnel berthing area.

Sec. 149.314 What are the approval and stowage requirements for
rescue boats?

(a) Rescue boats must be approved under approval series 160.156. A
lifeboat is acceptable as a rescue boat if it also meets the
requirements for a rescue boat under approval series 160.156.
(b) The stowage of rescue boats must comply with 46 CFR 108.565.

Sec. 149.315 What embarkation, launching, and recovery arrangements
must rescue boats meet?

(a) Each rescue boat must be capable of being launched in a current
of up to 5 knots. A painter may be used to meet this requirement.
(b) Each rescue boat embarkation and launching arrangement must
permit the rescue boat to be boarded and launched in the shortest
possible time.
(c) If the rescue boat is one of the deepwater port's survival
craft, then the rescue boat must comply with the muster and embarkation
arrangement requirements of Sec. 149.310.
(d) The rescue boat must comply with the embarkation arrangement
requirements of 46 CFR 108.555.
(e) If the launching arrangement uses a single fall, the rescue
boat may have an automatic disengaging apparatus, approved under
approval series 160.170, instead of a lifeboat release mechanism.
(f) The rescue boat must be capable of being recovered rapidly when
loaded with its full complement of persons and equipment. If a lifeboat
is being used as a rescue boat, rapid recovery must be possible when
loaded with its lifeboat equipment and a rescue boat's complement of at
least six persons.
(g) Each rescue boat launching appliance must be fitted with a
powered winch motor.
(h) Each rescue boat launching appliance must be capable of
hoisting the rescue boat, when loaded with its full complement of
persons and equipment, at a rate of not less than 59 feet per minute.
(i) The operator may use an onboard crane to launch a rescue boat
if the crane's launching system meets the requirements of this section.

Sec. 149.316 What are the requirements for lifejackets?

(a) Each lifejacket must be approved under approval series 160.002,
160.005, 160.055, 160.077, or 160.176.
(b) Each lifejacket must have a light approved under approval
series 161.012. Each light must be securely attached to the front
shoulder area of the lifejacket.
(c) Each lifejacket must have a whistle permanently attached by a cord.
(d) Each lifejacket must be fitted with Type I retroreflective
material, approved under approval series 164.018.

Sec. 149.317 How and where must lifejackets be stowed?

(a) The operator must ensure that lifejackets are stowed in readily
accessible places in or adjacent to accommodation spaces.
(b) Lifejacket stowage containers and the spaces housing the
containers must not be capable of being locked.
(c) The operator must mark each lifejacket container or lifejacket
stowage location with the word ``LIFEJACKETS'' in block letters, and
the quantity, identity, and size of the lifejackets stowed inside the
container or at the location.

Sec. 149.318 Must every person on the port have a lifejacket?

The operator must provide a lifejacket that complies with Sec.
149.316 of this subpart for each person on a manned deepwater port.

Sec. 149.319 What additional lifejackets must I have?

For each person on duty in a location where the lifejacket required
by Sec. 149.317 of this subpart is not readily accessible, an
additional lifejacket must be stowed so as to be readily accessible to
that location.

Sec. 149.320 What are the requirements for ring life buoys?

(a) Ring life buoys must be approved under approval series 160.050
or 160.150, for SOLAS-approved equipment.
(b) Each ring life buoy must have a floating electric water light
approved under approval series 161.010. The operator must ensure that
the light to the ring life buoy is attached by a lanyard of 12-thread
manila, or a synthetic rope of equivalent strength, not less than 3
feet nor more than 6 feet in length. The light must be mounted on a
bracket near the ring life buoy so that, when the ring life buoy is
cast loose, the light will be pulled free of the bracket.
(c) To each ring life buoy, there must be attached a buoyant line
of 100 feet in length, with a breaking strength of at least 5
kilonewtons force. The end of the line must not be secured to the
deepwater port.
(d) Each ring life buoy must be marked with Type II retroreflective
material, approved under approval series 164.018.

Sec. 149.321 How many ring life buoys must be on each deepwater port?

There must be at least four approved ring life buoys on each manned
deepwater port.

Sec. 149.322 Where must ring life buoys be located and how must they
be stowed?

(a) The operator must locate one ring life buoy on each side of the
port and one near each external stairway leading to the water. One buoy
per side may be used to satisfy both these requirements.
(b) Each ring life buoy must be stowed on or in a rack that is
readily accessible

[[Page 57672]]

in an emergency. The ring life buoy must not be permanently secured in
any way to the rack or the deepwater port.

Sec. 149.323 What are the requirements for first aid kits?

(a) Each manned deepwater port must have an industrial first aid
kit, approved by an appropriate organization, such as the American Red
Cross, for the maximum number of persons on the deepwater port.
(b) The first aid kit must be maintained in a space designated as a
medical treatment room or, if there is no medical treatment room, under
the custody of the person in charge.
(c) The operator must ensure that each first aid kit is accompanied
by a copy of either the Department of Health and Human Services
Publication No. (PHS) 84-2024, ``The Ship's Medicine Chest and Medical
Aid at Sea,'' available from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402, or the ``American Red
Cross First Aid and Safety Handbook,'' available from Little Brown and
Company, 3 Center Plaza, Boston, MA 02018.

Sec. 149.324 What are the requirements for litters?

Each manned deepwater port must have at least one Stokes or other
suitable litter, capable of safely hoisting an injured person. The
litter must be readily accessible in an emergency.

Sec. 149.325 What emergency communications equipment must be on a
manned deepwater port?

Each manned deepwater port must have a radio, telephone, or other
means of emergency communication with the shore, vessels, and
facilities in the vicinity in the event the primary communications
system outlined in Sec. 149.140 fails. This communication equipment
must have an emergency power source.

Sec. 149.326 What are the immersion suit requirements?

Each manned deepwater port located north of 32 degrees North
latitude must comply with the immersion suit requirements in 46 CFR 108.580.

Sec. 149.327 What are the approval requirements for work vests and
anti-exposure (deck) suits?

All work vests and anti-exposure (deck) suits on a manned deepwater
port must be of a buoyant type approved under:
(a) Approval series 160.053 as a work vest;
(b) Approval series 160.053 or 160.153 as an anti-exposure suit; or
(c) Approval series 160.077 as a commercial hybrid personal
flotation device.

Sec. 149.328 How must work vests and anti-exposure (deck) suits be stowed?

All work vests and deck suits must be stowed separately from
lifejackets and in a location that is not easily confused with a
storage area for lifejackets.

Sec. 149.329 How must work vests and deck suits be marked?

All work vests and deck suits must be fitted with Type I
retroreflective material, approved under approval series 164.018.

Sec. 149.330 When may a work vest or deck suit be substituted for a
lifejacket?

(a) A work vest or deck suit meeting the requirements of Sec.
149.326 of this subpart may be used instead of a lifejacket when
personnel are working near or over water.
(b) Work vests or deck suits may not be substituted for any portion
of the number of approved lifejackets required on the deepwater port or
attending vessel for use during drills and emergencies.

Sec. 149.331 What are the requirements for hybrid personal flotation
devices?

(a) The operator must ensure that the use and stowage of all
commercial hybrid personal flotation devices (PFDs) used as work vests
comply with the procedures required for them in 46 CFR 160.077-29, and
all limitations, if any, marked on them.
(b) All commercial hybrid PFDs on the deepwater port must be of the
same or similar design and must have the same method of operation.

Sec. 149.332 What are the requirements for inflatable lifejackets?

(a) Each inflatable lifejacket must be approved under approval
series 160.176.
(b) All inflatable lifejackets on a deepwater port must:
(1) Be used and stowed according to the procedures contained in the
manual required for them under 46 CFR 160.176-21;
(2) Be marked with all limitations, if any; and
(3) Be of the same or similar design and have the same method of
operation.

Sec. 149.333 What are the marking requirements for lifesaving equipment?

(a) Each lifeboat, rigid liferaft, and survival capsule must be
marked on two opposite outboard sides with the name, number, or other
inscription identifying the deepwater port on which it is placed, and
the number of persons permitted on the craft. Each paddle or oar for
these crafts must also be marked with an inscription identifying the
deepwater port. The letters and numbers must be at least 100
millimeters (3.94 inches) high on a contrasting background.
(b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-
33, and, after each servicing, marked to meet 46 CFR 160.151-57(m).
(c) Each lifejacket and ring life buoy must be conspicuously marked
with the name, number, or other inscription identifying the deepwater
port on which it is placed. The letters and numbers must be at least
1.5 inches (38 mm) high on a contrasting background. Lifejackets and
ring life buoys that accompany mobile crews to unmanned deepwater ports
may be marked with the operator's name and field designation.

Unmanned Deepwater Port Requirements

Sec. 149.334 Who must ensure compliance with the requirements for
unmanned deepwater ports?

The owner or operator of an unmanned deepwater port must ensure
that applicable requirements are complied with on that deepwater port.

Sec. 149.335 When are people prohibited from being on an unmanned
deepwater port?

No person may be on an unmanned deepwater port unless all
requirements of this part are met.

Sec. 149.336 What are the requirements for lifejackets?

(a) Except as under paragraph (b) of this section, each unmanned
deepwater port must have at least one lifejacket complying with Sec.
149.316 of this subpart for each person on the deepwater port. The
lifejackets need to be available for use on the port only when persons
are onboard.
(b) During helicopter visits, personnel who have aircraft type of
lifejackets may use them as an alternative to the requirements of
paragraph (a) of this section.

Sec. 149.337 What are the requirements for ring life buoys?

(a) Each unmanned deepwater port must have at least one ring life
buoy complying with Sec. 149.320 to this subpart.
(b) If there is no space on the deepwater port for the ring life
buoys, they must be on a manned vessel located alongside of the
deepwater port while the persons are on the port.

[[Page 57673]]

Sec. 149.338 What are the requirements for immersion suits?

(a) Each unmanned deepwater port located north of 32 degrees North
latitude must comply with the immersion suit requirements applicable to
mobile offshore drilling units under 46 CFR 108.580, and immersion
suits must be approved under approval series 160.171. Except as under
paragraph (b) of this section, the immersion suits need be on the
deepwater port only when persons are on board.
(b) If an attending vessel is moored to the unmanned deepwater
port, the suits may be stowed on the vessel, instead of on the
deepwater port.

Sec. 149.339 What is the requirement for previously approved
lifesaving equipment on a deepwater port?

Lifesaving equipment such as lifeboats, liferafts, and PFDs on a
deepwater port on January 1, 2004, need not meet the requirements of
this subpart until the equipment needs replacing, provided it is
periodically tested and maintained and in good operational condition.

Sec. 149.340 What are the requirements for lifesaving equipment that
is not required by this subchapter?

Each item of lifesaving equipment on a deepwater port that is not
required by this subchapter must be approved by the Commandant (G-P).

Subpart D--Firefighting and Fire Protection Equipment

Sec. 149.400 What does this subpart apply to?

This subpart applies to all deepwater ports except unmanned ports
consisting of a submerged turret loading or comparable configuration in
which cargo transfer operations are conducted solely aboard the tank
vessel by the vessel crew.

Sec. 149.401 What are the general requirements for firefighting and
fire protection equipment?

Each deepwater port must comply with the requirements for
firefighting and fire protection equipment in this subpart.

Sec. 149.402 What firefighting and fire protection equipment must be
approved by the Coast Guard?

Except as permitted under Sec. 149.403, Sec. 149.415(c) or (d),
Sec. 149.419(a)(1), or Sec. 149.420, all required firefighting and
fire protection equipment on a deepwater port must be approved by the
Commandant (G-PSE). Firefighting and fire protection equipment that
supplements required equipment must also be approved by the Commandant
(G-PSE), unless approval by the Officer in Charge of Marine Inspection
(OCMI) is requested and granted pursuant to Sec. 149.403 of this subpart.

Sec. 149.403 How may I request the use of alternate or supplemental
firefighting and fire prevention equipment or procedures?

(a) The operator may request the use of alternate or supplemental
equipment or procedures than those required in this subchapter.
(b) Upon request, the OCMI may allow the use of alternate equipment
or procedures if the alternatives will:
(1) Accomplish the purposes for the requirement; and
(2) Provide a degree of safety equivalent to or greater than that
provided by the requirement.
(c) The OCMI may require that the requesting party:
(1) Explain why applying the requirement would be unreasonable or
impracticable; or
(2) Submit engineering calculations, tests, or other data to
demonstrate how the requested alternative would comply with paragraph
(b) of this section.
(d) The OCMI may determine, on a case-by-case basis, that the
Commandant (G-PSE) must approve the use of the alternate equipment or
procedure.

Firefighting Requirements

Sec. 149.404 Can I use firefighting equipment that has no Coast Guard
standards?

A deepwater port may use firefighting equipment for which there is
no Coast Guard standard as supplemental equipment, pursuant to Sec.
149.403, if the equipment does not endanger the port or the persons
aboard it in any way. This equipment must be listed and labeled by a
nationally recognized testing laboratory, as that term is defined in 29
CFR 1910.7, and it must be maintained in good working condition.

Sec. 149.405 How are fire extinguishers classified?

(a) Portable and semi-portable extinguishers on a manned deepwater
port must be classified using the Coast Guard's marine rating system of
a combination letter-and-number symbol in which the letter indicates
the type of fire that the extinguisher is designed to extinguish, and
the number indicates the relative size of the extinguisher.
(b) The letter designations are as follows:
(1) ``A'' for fires of ordinary combustible materials where the
quenching and cooling effects of water, or solutions containing large
percentages of water, are of primary importance;
(2) ``B'' for fires of flammable liquids, greases, or other thick
flammable substances where a blanketing effect is essential; and
(3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of primary importance.
(c) The number designations for size range from ``I'' for the
smallest extinguisher to ``V'' for the largest. Sizes I and II are
portable extinguishers. Sizes III, IV, and V are semi-portable
extinguishers that must be fitted with suitable hose and nozzle, or
other practicable means, so that all portions of the space concerned
may be covered. Examples of size graduations for some of the typical
portable and semi-portable extinguishers are set forth in table 149.405.

Table 149.405.--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Carbon dioxide Dry chemical
Classification type-size Foam liters kilograms kilograms
(gallons) (pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
A-II......................................................... 9.5 (2.5) ............... \1\ 2.25 (5)
B-II......................................................... 9.5 (2.5) 6.7 (15) 4.5 (10)
C-II......................................................... ............... 6.7 (15) 4.5 (10)
B-IV......................................................... 7.6 (20) 22.5 (50) 13.5 (30)
B-V.......................................................... 15.2 (40) \2\ 45 (100) \2\ 22.5 (50)
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Must be specifically approved as a type ``A,'' ``B,'' or ``C'' extinguisher.
\2\ For outside use, double the quantity of agent that must be carried.

[[Page 57674]]

Sec. 149.406 What are the approval requirements for a fire
extinguisher?

All portable and semi-portable fire extinguishers must be of an
approved type under 46 CFR part 162, subparts 162.028 and 162.039,
respectively.

Sec. 149.407 Must fire extinguishers be on the deepwater port at all
times?

(a) The fire extinguishers required by Sec. 149.409 of this
subpart must be on all manned deepwater ports at all times.
(b) The fire extinguishers required by Sec. 149.409 of this part
need be on unmanned deepwater ports only when personnel are working on
the deepwater port during cargo transfer operations, or performing
maintenance duties.

Sec. 149.408 What are the maintenance requirements for fire
extinguishers?

All fire extinguishers must be maintained in good working order and
serviced annually in accordance with 46 CFR 107.235.

Sec. 149.409 How many fire extinguishers are needed?

Each particular location must have the number of fire extinguishers
required by table 149.409.

Table 149.409.--Portable and Semi-Portable Extinguishers, Minimum
Quantity and Location
------------------------------------------------------------------------
Minimum quantity and
Space Classification location
------------------------------------------------------------------------
(a) Safety Areas:
(1) Communicating A-II................ One in each main
corridors. corridor or
stairway not more
than 150 feet
apart.
(2) Radio room.......... C-II................ One outside or near
each radio room
exit.
(b) Accommodation Spaces:
(1) Sleeping quarters... A-II................ One in each sleeping
space that fits
more than four
persons.
(c) Service Spaces:
(1) Galleys............. B-II or CII......... One for each 2,500
square feet or
fraction thereof,
for hazards
involved.
(2) Storerooms.......... A-II................ One for each 2,500
square feet or
fraction thereof,
located near each
exit, either inside
or outside the
space.
(3) Paint room.......... B-II................ One outside each
paint room exit.
(d) Machinery Spaces:
(1) Gas-fired boilers... B-II OR C-II........ Two.
(2) Gas-fired boilers... B-V................. One.\1\
(3) Oil-fired boilers... B-II................ Two.
(4) Oil-fired boilers... B-V................. Two.\1\
(5) Internal combustion B-II................ One for each
or gas turbine engines. engine.\2\
(6) Open electric motors C-II................ One for each of two
and generators. motors or
generators.\3\
(e) Helicopter Areas:
(1) Helicopter landing B-V................. One at each access
decks. route.
(2) Helicopter fueling B-V................. One at each fuel
facility. transfer
facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
atmosphere at all times, one B-II may be used for every three engines.

\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
46 CFR 108.489.

Sec. 149.410 Where must portable and semi-portable fire extinguishers
be located?

All portable and semi-portable fire extinguishers described in
table 149.409 must be located in the open so as to be readily seen.

Sec. 149.411 What are the requirements for firemen's outfits?

(a) Each manned deepwater port with nine or more persons must have
at least two firemen's outfits complying with 46 CFR 108.497.
(b) The person in charge of safety must ensure that:
(1) At least two people trained in the use of firemen's outfits are
on the deepwater port at all times;
(2) Each fireman's outfit and its spare equipment are stowed
together in a readily accessible container or locker. No more than one
outfit shall be stowed in the same container or locker. The two
containers or lockers must be located in separate areas to ensure that
at least one is available at all times in the event of a fire; and
(3) Firemen's outfits are not used for any purpose other than
firefighting.

Sec. 149.412 How many fire axes are needed?

Each manned deepwater port must have at least two fire axes as
required by 46 CFR 108.499.

Sec. 149.413 On a manned deepwater port, what spaces require a fixed
fire extinguishing system?

The manned deepwater port spaces or systems listed in paragraphs
(a) through (c) of this section must be protected by an approved fixed
gaseous or other approved fixed-type extinguishing system.
(a) Paint lockers with a carrying capacity of more than 200 cubic
feet, and similar spaces containing flammable liquids.
(b) Galley ranges or deep fat fryers.
(c) Each enclosed space containing internal combustion or gas
turbine machinery with an aggregate power of more than 1,000 B.H.P.,
and any associated fuel oil units, purifiers, valves, or manifolds.

Sec. 149.414 What are the requirements for a fire detection and alarm
system?

(a) All accommodation and service spaces on a manned deepwater
port, and all spaces or systems on a manned or unmanned deepwater port
for processing, storing, transferring, or regasifying liquefied natural
gas, must have an automatic fire detection and alarm system that:
(1) Either complies with 46 CFR 108.405 or
(2) Is designed and installed in compliance with a national
consensus standard, as that term is defined in 29 CFR 1910.2, for fire
detection and fire alarm systems, and that complies with standards set
by a nationally recognized testing laboratory, as that term is defined
in 29 CFR 1910.7, for such systems or hardware.
(b) Sleeping quarters must be fitted with smoke detectors that have
local

[[Page 57675]]

alarms and that may or may not be connected to the central alarm panel.
(c) Each fire detection and fire alarm system must have both a
visual alarm and an audible alarm at a normally manned area.
(d) Each fire detection and fire alarm system must be divided into
zones to limit the area covered by a particular alarm signal.

Sec. 149.415 What are the requirements for a fire main system on a
manned deepwater port?

(a) Each pumping platform complex must have a fixed fire main
system. The system must either:
(1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR 127.607
if it is a natural gas deepwater port; or
(2) Comply with a national consensus standard, as that term is
defined in 29 CFR 1910.2, for such systems and hardware, and comply
with the standards set by a nationally recognized testing laboratory,
as that term is defined in 29 CFR 1910.7, for such systems and
hardware.
(b) If the fire main system meets the requirements outlined in
paragraph (a)(2) of this section, it must provide, at a minimum,
protection to:
(1) Accommodation spaces;
(2) Accommodation modules;
(3) Control spaces; and
(4) Other areas frequented by port personnel.
(c) The hose system must be capable of reaching all parts of these
spaces without difficulty.
(d) Under paragraph (a)(2) of this section, the fire main system
may be part of a fire water system in accordance with 30 CFR 250.803.
(e) A fire main system for a natural gas deepwater port must also
comply with 33 CFR 127.607.

Sec. 149.416 What are the requirements for a dry chemical fire
suppression system?

Each natural gas deepwater port must be equipped with a dry
chemical system that meets the requirements of Sec. 127.609 of this chapter.

Sec. 149.417 What firefighting equipment must a helicopter landing
deck on a manned deepwater port have?

Each helicopter landing deck on a manned deepwater port must have
the following:
(a) A fire hydrant and hose located near each stairway to the
landing deck. If the landing deck has more than two stairways, only two
stairways need to have a fire hydrant and hose. The fire hydrants must
be part of the fire main system; and
(b) Portable fire extinguishers in the quantity and location as
required in table 149.409.

Sec. 149.418 What fire protection system must a helicopter fueling
facility have?

In addition to the portable fire extinguishers required under table
149.409, each helicopter fueling facility must have a fire protection
system complying with 46 CFR 108.489.

Sec. 149.419 Can the water supply for the helicopter deck fire
protection system be part of a fire water system?

(a) The water supply for the helicopter deck fire protection system
required under Sec. 149.420 or Sec. 149.421 may be part of:
(1) The fire water system, installed in accordance with Mineral
Management Service regulations under 30 CFR 250.803; or
(2) The fire main system under Sec. 149.415.
(b) If the water supply for the helicopter deck fire protection
system is part of an independent accommodation fire main system, the
piping design and hardware must be compatible with the system and must
comply with the requirements for fire mains in 46 CFR 108.415 through
108.429.

Sec. 149.420 What are the fire protection requirements for escape routes?

At least one escape route from an accommodation space or module to
a survival craft or other means of evacuation must provide adequate
protection. Separation of the escape route from the cargo area by steel
construction, in accordance with 46 CFR 108.133, or equivalent
protection is considered adequate protection for personnel escaping
from fires and explosions. Additional requirements for escape routes
are in subpart F of this part.

Sec. 149.421 What is the requirement for a previously approved fire
detection and alarm system on a deepwater port?

An existing fire detection and alarm system on a deepwater port
need not meet the requirements in this subpart until the system needs
replacing, provided it is periodically tested and maintained in good
operational condition.

Subpart E--Aids to Navigation

General

Sec. 149.500 What does this subpart do?

This subpart provides requirements for aids to navigation on
deepwater ports.

Sec. 149.505 What are the general requirements for aids to navigation?

The following requirements apply to navigation aids under this
subpart:
(a) Section 66.01-5 of this chapter, on application to establish,
maintain, discontinue, change, or transfer ownership of an aid, except
as under Sec. 149.510;
(b) Section 66.01-25(a) and (c) of this chapter, on discontinuing
or removing an aid. For the purposes of Sec. 66.01-25(a) and (c) of
this chapter, navigation aids at a deepwater port are considered Class
I aids under Sec. 66.01-15 of this chapter;
(c) Section 66.01-50 of this chapter, on protection of an aid from
interference and obstruction; and
(d) Section 66.01-55 of this chapter, on transfer of ownership of
an aid.

Sec. 149.510 How do I get permission to establish an aid to navigation?

(a) To establish a navigation aid on a deepwater port, the licensee
must submit an application under Sec. 66.01-5 of this chapter, except
that the application must be sent to the Commandant (G-P).
(b) At least 180 days before the installation of any structure at
the site of a deepwater port, the licensee must submit an application
for obstruction lights and other private navigation aids for the
particular construction site.
(c) At least 180 days before beginning cargo transfer operations or
changing the mooring facilities at the deepwater port, the licensee
must submit an application for private aids to navigation.

Lights

Sec. 149.520 What kind of lights are required?

All deepwater ports must meet the general requirements for
obstruction lights in part 67 of this chapter.

Lights on Platforms

Sec. 149.535 What are the requirements for rotating beacons on platforms?

In addition to obstruction lights, the tallest platform of a
deepwater port must have a lit rotating beacon that distinguishes the
deepwater port from other surrounding offshore structures. The beacon
must:
(a) Have an effective intensity of at least 15,000 candela;
(b) Flash at least once every 20 seconds;
(c) Provide a white light signal;
(d) Operate in wind speeds of up to 100 knots at a rotation rate
that is within 6 percent of the operating speed displayed on the beacon;
(e) Have one or more leveling indicators permanently attached to
the light, each with an accuracy of ±0.25 [deg]
or better;
and
(f) Be located:
(1) At least 60 feet (about 18.3 meters) above mean high water;

[[Page 57676]]

(2) Where the structure of the platform, or equipment mounted on
the platform, does not obstruct the light in any direction; and
(3) So that it is visible all around the horizon.

Lights on Single Point Moorings

Sec. 149.540 What are the requirements for obstruction lights on a
single point mooring?

(a) The lights for a single point mooring must meet the
requirements for obstruction lights in part 67 of this chapter, except
that the lights must be located at least 10 feet (3 meters) above mean
high water.
(b) A submerged turret loading (STL) deepwater port is not required
to meet the requirements for obstruction lights, provided it maintains
at least a five-foot (1.5 meters) clearance beneath the net under keel
clearance at the mean low water condition for all vessels transiting
the area.
(c) An STL deepwater port that utilizes a marker buoy must be
lighted in accordance with paragraph (a) of this section.

Lights on Floating Hose Strings

Sec. 149.550 What are the requirements for lights on a floating hose
string?

Hose strings that are floating or supported on trestles must
display the following lights at night and during periods of restricted
visibility:
(a) One row of yellow lights that must be:
(1) Flashing 50 to 70 times per minute;
(2) Visible all around the horizon;
(3) Visible for at least 2 miles (3.7 km) on a clear, dark night;
(4) Not less than 1 or more than 3.5 meters (3 to 11.5 feet) above
the water;
(5) Approximately equally spaced;
(6) Not more than 10 meters (32.8 feet) apart where the hose string
crosses a navigable channel; and
(7) Where the hose string does not cross a navigable channel, there
must be a sufficient number to clearly show the hose string's length
and course.
(b) Two red lights at each end of the hose string, including the
ends in a channel where the hose string is separated to allow vessels
to pass, whether open or closed. The lights must be:
(1) Visible all around the horizon;
(2) Visible for at least 2 miles (3.7 km) on a clear, dark night;
and
(3) One meter (3 feet) apart in a vertical line with the lower
light at the same height above the water as the flashing yellow light.

Lights on Buoys Used To Define Traffic Lanes

Sec. 149.560 How must buoys used to define traffic lanes be marked
and lighted?

(a) Each buoy that is used to define the lateral boundaries of a
traffic lane at a deepwater port must meet Sec. 62.25 of this chapter.
(b) The buoy must have an omni-directional light located at least 8
feet above the water.
(c) The buoy light must be located so that the structure of the
buoy, or any other device mounted on the buoy, does not obstruct the
light in any direction.

Sec. 149.565 What are the required characteristics and intensity of
lights on buoys used to define traffic lanes?

(a) The buoy's light color that defines the lateral boundaries of a
traffic lane must comply with the buoy color schemes in Sec. 62.25 of
this chapter.
(b) The buoy light may be fixed or flashing. If it is flashing, it
must flash at intervals of not more than 6 seconds.
(c) Buoy lights must have an effective intensity of at least 25 candela.

Miscellaneous

Sec. 149.570 How is a platform, single point mooring, or submerged
turret loading identified?

(a) Each platform, single point mooring, or submerged turret
loading (STL) that protrudes above the water or is marked by a buoy
must display the name of the deepwater port and the name or number
identifying the structure, so that the information is visible:
(1) From the water at all angles of approach to the structure; and
(2) From aircraft on approach to the structure if the structure is
equipped with a helicopter pad.
(b) The information required in paragraph (a) of this section must
be displayed in numbers and letters that are:
(1) At least 12 inches high;
(2) In vertical block style; and
(3) Displayed against a contrasting background.
(c) If an STL protrudes from the water, it must be properly
illuminated in accordance with Sec. 149.540.

Sec. 149.575 How must objects protruding from the water, other than
platforms and single point moorings, be marked?

(a) Each object protruding from the water that is within 100 yards
of a platform or single point mooring (SPM) must be marked with white
reflective tape.
(b) Each object protruding from the water that is more than 100
yards from a platform or SPM must meet the obstruction lighting
requirements in this subpart for a platform.

Sec. 149.580 What are the requirements for a radar beacon?

(a) A radar beacon (RACON) must be located on the tallest platform
of a pumping platform complex or other fixed structure of the deepwater
port.
(b) The RACON must be an FCC-accepted RACON or a similar type.
(c) The RACON must transmit:
(1) In both 2900-3100 MHz and 9300-9500 MHz frequency bands; or
(2) If installed before July 8, 1991, in the 9320-9500 MHz
frequency band; and
(3) Transmit a signal of at least 250 milliwatts radiated power
that is omni-directional and polarized in the horizontal plane;
(4) Transmit a two-element or more Morse code character, the length
of which does not exceed 25 percent of the radar range expected to be
used by vessels operating in the area;
(5) If of the frequency agile type, be programmed so that it will
respond at least 40 percent of the time, but not more than 90 percent
of the time, with a response-time duration of at least 24 seconds; and
(6) Be located at a minimum height of 15 feet above the highest
deck of the platform and where the structure of the platform, or
equipment mounted on the platform, does not obstruct the signal
propagation in any direction.

Sec. 149.585 What are the requirements for sound signals?

(a) Each pumping platform complex must have a sound signal,
approved under subpart 67.10 of this chapter, that has a 2-mile (3-
kilometer) range. A list of Coast Guard-approved sound signals is
available from any District Commander.
(b) Each sound signal must be:
(1) Located at least 10 feet, but not more than 150 feet, above
mean high water; and
(2) Located where the structure of the platform, or equipment
mounted on it, does not obstruct the sound of the signal in any direction.

Subpart F--Design and Equipment

General

Sec. 149.600 What does this subpart do?

This subpart provides general requirements for equipment and design
on deepwater ports.

Sec. 149.610 What must the District Commander be notified of and when?

The District Commander must be notified of the following:

[[Page 57677]]

------------------------------------------------------------------------
The District Commander must be
When-- notified--
------------------------------------------------------------------------
(a) Construction of a pipeline, At least 30 days before
platform, or single point mooring construction begins.
(SPM) is planned.
(b) Construction of a pipeline, Within 24 hours, from the date
platform, or SPM begins. construction begins, that the
lights and sound signals are
in use at the construction
site.
(c) A light or sound signal is changed Within 24 hours of the change.
during construction.
(d) Lights or sound signals used during Within 24 hours of replacement.
construction of a platform, buoy, or
SPM are replaced by permanent fixtures
to meet the requirements of this part.
(e) The first cargo transfer operation At least 60 days before the
begins. operation.
------------------------------------------------------------------------

Sec. 149.615 What construction drawings and specifications are required?

(a) To show compliance with the Act and this subchapter, the
licensee must submit to the Commandant (G-P) or accepted Certifying
Entity (CE) at least three copies of:
(1) Each construction drawing and specification; and
(2) Each revision to a drawing and specification.
(b) Each drawing, specification, and revision under paragraph (a)
of this section must bear the seal, or a facsimile imprint of the seal,
of the registered professional engineer responsible for the accuracy
and adequacy of the material.
(c) Each drawing must identify the baseline design standard used as
the basis for design.

Sec. 149.620 What happens when the Commandant (G-P) reviews and
evaluates the construction drawings and specifications?

(a) The Commandant (G-P) may concurrently review and evaluate
construction drawings and specifications with the Marine Safety Center
and other Federal agencies having technical expertise, such as the
Pipeline and Hazardous Materials Safety Administration and the Federal
Energy Regulatory Commission, in order to ensure compliance with the
Act and this subchapter.
(b) Construction may not begin until the drawings and
specifications are approved by the Commandant (G-P).
(c) Once construction begins, the Coast Guard periodically inspects
the construction site to ensure that the construction complies with the
drawings and specifications approved under paragraph (b) of this section.
(d) When construction is complete, the licensee must submit two
complete sets of as-built drawings and specifications to the Commandant
(G-P).

Sec. 149.625 What are the design standards?

(a) Each component, except for those specifically addressed
elsewhere in this subpart (for example, single point moorings, hoses,
and aids to navigation buoys), must be designed to withstand at least
the combined wind, wave, and current forces of the most severe storm
that can be expected to occur at the deepwater port in any 100-year
period. Component design must meet a recognized industry standard and
be appropriate for the protection of human life from death or serious
injury, both on the port and on vessels calling on or servicing the
port, and for the protection of the environment.
(b) The applicant or licensee will be required to submit to the
Commandant (G-P) a design basis for approval containing all proposed
standards to be used in the fabrication and construction of port components.
(c) Heliports on floating deepwater ports must be designed in
compliance with the regulations at 46 CFR part 108.

Structural Fire Protection

Sec. 149.640 What are the requirements for fire protection systems?

Manned deepwater ports built after January 1, 2004, and manned
deepwater ports that undergo major conversions must comply with the
requirements for structural fire protection outlined in this subpart.

Sec. 149.641 What are the structural fire protection requirements for
accommodation spaces and modules?

(a) Accommodation spaces and modules must be designed, located, and
constructed so as to minimize the effects of flame, excess heat, or
blast effects caused by fires and explosions; and to provide safe
refuge from fires and explosions for personnel for the minimum time
needed to evacuate the space.
(b) This requirement may be met by complying with 46 CFR 108.131
through 108.147, provided that:
(1) The exterior boundaries of superstructures and deckhouses
enclosing these spaces and modules, including any overhanging deck that
supports these spaces and modules, are constructed to the A-60 standard
defined in 46 CFR 108.131(b)(2) for any portion that faces and is
within 100 feet of the hydrocarbon source (e.g., LNG flanges, send out
line, etc.); and
(2) The ventilation system has both a means of shutting down the
system and an alarm at a manned location that sounds when any hazardous
or toxic substance enters the system.
(c) As an alternative to paragraph (b) of this section, the
requirement imposed by this section may be met by complying with a
national consensus standard, as that term is defined in 29 CFR 1910.2,
for the structural fire protection of accommodation spaces and modules,
and that complies with the standards set by a nationally recognized
testing laboratory, as that term is defined by 29 CFR 1910.7, for such
protection, provided that:
(1) All such spaces and modules on manned ports are provided with
automatic fire detection and alarm systems. The alarm system must
signal a normally manned area both visually and audibly, and be divided
into zones to limit the area covered by a particular alarm signal;
(2) Sleeping quarters are fitted with smoke detectors that have
local alarms that may or may not be connected with the central alarm
panel; and
(3) Independent fire walls are constructed and installed so as to
be of size and orientation sufficient to protect the exterior surfaces
of the spaces or modules from extreme radiant heat flux levels, and
provide the A-60 standard defined in 46 CFR 108.131(b)(2).

Single Point Moorings

Sec. 149.650 What are the requirements for single point moorings and
their attached hoses?

Each single point mooring and its attached hose must be designed
for the protection of the environment and for durability under combined
wind, wave, and current forces of the most severe storm that can be
expected to occur at the port in any 100-year period. The
appropriateness of a design may be shown by its compliance with
standards generally used within the offshore industry that are at least
equivalent, in protecting the environment, to the standards in use on
January 1, 2003, by any recognized classification society as defined in
46 CFR 8.100.

[[Page 57678]]

Helicopter Fueling Facilities

Sec. 149.655 What are the requirements for helicopter fueling facilities?

Helicopter fueling facilities must comply with 46 CFR 108.489 or an
equivalent standard.

Emergency Power

Sec. 149.660 What are the requirements for emergency power?

(a) Each pumping platform complex must have emergency power
equipment including power source, associated transforming equipment,
and switchboard to provide power to simultaneously operate all of the
following for a continuous period of 18 hours:
(1) Emergency lighting circuits;
(2) Aids to navigation equipment;
(3) Communications equipment;
(4) Radar equipment;
(5) Alarm systems;
(6) Electrically operated fire pumps; and
(7) Other electrical equipment identified as emergency equipment in
the operations manual for the deepwater port.
(b) The equipment required by paragraph (a) of this section must:
(1) All be located in the same space; and
(2) Contain only machinery and equipment for the supply of
emergency power (in other words, no oil or natural gas transfer pumping
equipment) in accordance with 46 CFR 112.05.

General Alarm System

Sec. 149.665 What are the requirements for a general alarm system?

Each pumping platform complex must have a general alarm system that:
(a) Is capable of being manually activated by using alarm boxes;
(b) Is audible in all parts of the pumping platform complex, except
in areas of high ambient noise levels where hearing protection is
required under Sec. 150.613 of this chapter; and
(c) Has a high intensity flashing light in areas where hearing
protection is used.

Sec. 149.670 What are the requirements for marking a general alarm
system?

Each of the following must be marked with the words ``General
Alarm'' in yellow letters at least 1 inch high on a red background:
(a) Each general alarm box; and
(b) Each audio or visual device described under Sec. 149.665 for
signaling the general alarm.

Public Address System

Sec. 149.675 What are the requirements for the public address system?

(a) For a manned deepwater port, each pumping platform complex must
have a public address system operable from two locations on the complex.
(b) For an unmanned deepwater port, the vessel master must provide
a working public address system on a vessel while it is moored or
otherwise connected to the port.

Medical Treatment Rooms

Sec. 149.680 What are the requirements for medical treatment rooms?

Each deepwater port with sleeping spaces for 12 or more persons,
including persons in accommodation modules, must have a medical
treatment room that has:
(a) A sign at the entrance designating it as a medical treatment room;
(b) An entrance that is wide enough and arranged to readily admit a
person on a stretcher;
(c) A single berth or examination table that is accessible from
both sides; and
(d) A washbasin located in the room.

Sec. 149.685 May a medical treatment room be used for other purposes?

A medical treatment room may be used as a sleeping space if the
room meets the requirements of this subpart for both medical treatment
rooms and sleeping spaces. It may also be used as an office. However,
when used for medical purposes, the room may not be used as a sleeping
space or office.

Miscellaneous

Sec. 149.690 What are the requirements for means of escape, personnel
landings, guardrails, similar devices, and for noise limits?

Each deepwater port must comply with the requirements for means of
escape, personnel landings, guardrails and similar devices, and noise
limits as outlined in Sec. Sec. 149.691 through 149.699.

Means of Escape

Sec. 149.691 What means of escape are required?

(a) Each deepwater port must have both primary and secondary means
of escape. Each of these means must either:
(1) Comply with 46 CFR 108.151; or
(2) Be designed and installed in compliance with a national
consensus standard, as that term is defined in 29 CFR 1910.2, for use
in evacuating the port.
(b) A primary means of escape consists of a fixed stairway or a
fixed ladder, constructed of steel.
(c) A secondary means of escape consists of either:
(1) A fixed stairway or a fixed ladder, constructed of steel; or
(2) A marine evacuation system, a portable flexible ladder, a
knotted manrope, or a similar device determined by the Officer in
Charge of Marine Inspection (OCMI) to provide an equivalent or better
means of escape.

Sec. 149.692 Where must they be located?

(a) Each means of escape must be easily accessible to personnel for
rapidly evacuating the deepwater port.
(b) When two or more means of escape are installed, at least two
must be located as nearly diagonally opposite each other as
practicable.
(c) When the floor area of any of the following spaces contains 300
square feet or more, the space must have at least two exits as widely
separated from each other as possible:
(1) Each accommodation space; and
(2) Each space that is used on a regular basis, such as a control
room, machinery room, storeroom, or other space where personnel could
be trapped in an emergency.
(d) On a manned deepwater port, each structural appendage that is
not occupied continuously, and that does not contain living quarters,
workshops, offices, or other manned spaces must have at least one
primary means of escape. The OCMI may also determine that one or more
secondary means of escape is required.
(e) When personnel are on an unmanned deepwater port, the port must
have, in addition to the one primary means of escape, either:
(1) Another primary means of escape; or
(2) One or more secondary means of escape in any work space that
may be temporarily occupied by 10 persons or more.
(f) Structural appendages to an unmanned deepwater port do not
require a primary or a secondary means of escape, unless the OCMI
determines that one or more are necessary.
(g) Each means of escape must extend from the deepwater port's
uppermost working level to each successively lower working level, and
so on to the water surface.

Personnel Landings

Sec. 149.693 What are the requirements for personnel landings on
manned deepwater ports?

(a) On manned deepwater ports, sufficient personnel landings must
be provided to assure safe access and egress.
(b) The personnel landings must be provided with satisfactory
illumination. The minimum is 1 foot candle of

[[Page 57679]]

artificial illumination as measured at the landing floor and guards and
rails.

Guardrails and Similar Devices

Sec. 149.694 What are the requirements for catwalks, floors, and openings?

(a) The configuration and installation of catwalks, floors, and
openings must comply with Sec. 143.110 of this chapter.
(b) This section does not apply to catwalks, floors, deck areas, or
openings in areas not normally occupied by personnel or on helicopter
landing decks.

Sec. 149.695 What are the requirements for stairways?

Stairways must have at least two courses of rails. The top course
must serve as a handrail and be at least 34 inches above the tread.

Sec. 149.696 What are the requirements for a helicopter landing deck
safety net?

A helicopter landing deck safety net must comply with 46 CFR 108.235.

Noise Limits

Sec. 149.697 What are the requirements for a noise level survey?

(a) A survey to determine the maximum noise level during normal
operations must be conducted in each accommodation space, working
space, or other space routinely used by personnel. The recognized
methodology used to conduct the survey must be specified in the survey
results. Survey results must be kept on the deepwater port or, for an
unmanned deepwater port, in the owner's principal office.
(b) The noise level must be measured over 12 hours to derive a time
weighted average (TWA) using a sound level meter and an A-weighted
filter or equivalent device.
(c) If the noise level throughout a space is determined to exceed
85 db(A), based on the measurement criteria in paragraph (b) of this
section, then signs must be posted with the legend: ``Noise Hazard--
Hearing Protectors Required.'' Signs must be posted at eye level at
each entrance to the space.
(d) If the noise level exceeds 85 db(A) only in a portion of a
space, then the sign described in paragraph (c) of this section must be
posted within that portion where visible from each direction of access.
(e) Working spaces and other areas routinely used by personnel,
other than accommodation spaces, must be designed to limit the noise
level in those areas so that personnel wearing hearing protectors may
hear warning and emergency alarms. If this is not practicable and
warning and emergency alarms cannot be heard, visual alarms in addition
to the audible alarms must be installed.

Portable Lights

Sec. 149.700 What kind of portable lights may be used on a deepwater port?

Each portable light and its supply cord on a deepwater port must be
designed for the environment where it is used.

PART 150--DEEPWATER PORTS: OPERATIONS

Subpart A--General

Sec.
150.1 What does this part do?
150.5 Definitions.
150.10 What are the general requirements for operations manuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be given to the
Coast Guard?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual.
150.35 How may an adjacent coastal State request an amendment to the
operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or the operations manual.
150.50 What are the requirements for a facility spill response plan?

Subpart B--Inspections

150.100 What are the requirements for inspecting deepwater ports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receipt of
classification society certifications?

Subpart C--Personnel

150.200 Who must ensure that port personnel are qualified?
150.205 What are the language requirements for port personnel?
150.210 What are the restrictions on serving in more than one position?
150.225 What training and instruction are required?

Subpart D--Vessel Navigation

150.300 What does this subpart do?
150.305 How does this subpart apply to unmanned deepwater ports?
150.310 When is radar surveillance required?
150.320 What advisories are given to tankers?
150.325 What is the first notice required before a tanker enters the
safety zone or area to be avoided?
150.330 What is the second notice required before a tanker enters
the safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in the safety
zone or area to be avoided?
150.345 How are support vessels cleared to move within the safety
zone or area to be avoided?
150.350 What are the rules of navigation for support vessels in the
safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety zone?
150.380 Under what circumstances may vessels operate within the
safety zone or area to be avoided?
150.385 What is required in an emergency?

Subpart E--Cargo Transfer Operations

150.400 What does this subpart do?
150.405 How must a Cargo Transfer System be tested and inspected?
150.420 What actions must be taken when cargo transfer equipment is
defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration of inspection?
150.435 When are cargo transfers not allowed?
150.440 How may the Captain of the Port order suspension of cargo
transfers?
150.445 When is oil in a Single Point Mooring-Oil Transfer System
displaced with water?

Subpart F--Emergency and Specialty Equipment

150.500 What does this subpart do?

Maintenance and Repair

150.501 How must emergency equipment be maintained and repaired?

Lifesaving Equipment (General)

150.502 What are the maintenance and repair requirements for
lifesaving equipment?

Launching Appliances

150.503 What are the time interval requirements for maintenance on
survival craft falls?
150.504 When must the operator service and examine lifeboat and
rescue boat launching appliances?
150.505 When must the operator service and examine lifeboat and
rescue boat release gear?

Inflatable Lifesaving Appliances

150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems?
150.507 How must the operator service inflatable lifesaving appliances?
150.508 What are the maintenance and repair requirements for
inflatable rescue boats?

Operational Tests and Inspections (General)

150.509 How must emergency equipment be tested and inspected?
150.510 How must tested emergency equipment be operated?

[[Page 57680]]

150.511 What are the operational testing requirements for lifeboat
and rescue boat release gear?

Frequency of Tests and Inspections

150.512 What occurs during the weekly tests and inspections?
150.513 What occurs during the monthly tests and inspections?
150.514 What are the annual tests and inspections?

Weight Testing

150.515 What are the requirements for weight testing of newly
installed or relocated craft?
150.516 What are the periodic requirements for weight testing?
150.517 How are weight tests supervised?

Personal Safety Gear

150.518 What are the inspection requirements for work vests and
immersion suits?

Emergency Lighting and Power Systems

150.519 What are the requirements for emergency lighting and power systems?

Fire Extinguishing Equipment

150.520 When must fire extinguishing equipment be tested and inspected?
150.521 What records are required?

Miscellaneous Operations

150.530 What may the fire main system be used for?
150.531 How many fire pumps must be kept ready for use at all times?
150.532 What are the requirements for connection and stowage of fire hoses?
150.540 What are the restrictions on fueling aircraft?
150.550 What are the requirements for the muster list?
150.555 How must cranes be maintained?

Subpart G--Workplace Safety and Health

150.600 What does this subpart do?

Safety and Health (General)

150.601 What are the safety and health requirements for the
workplace on a deepwater port?
150.602 What occupational awareness training is required?
150.603 What emergency response training is required?
150.604 Who controls access to medical monitoring and exposure records?
150.605 What are the procedures for reporting a possible workplace
safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the
Officer in Charge of Marine Inspection do?

General Workplace Conditions

150.607 What are the general safe working requirements?

Personal Protective Equipment

150.608 Who is responsible for ensuring that the personnel use or
wear protective equipment and are trained in its use?

Eyes and Face

150.609 When is eye and face protection required?
150.610 Where must eyewash equipment be located?

Head

150.611 What head protection is required?

Feet

150.612 What footwear is required?

Noise and Hearing Protection

150.613 What are the requirements for a noise monitoring and hearing
protection survey?

Clothing

150.614 When is protective clothing required?

Electrical

150.615 What safe practices are required?

Lockout/Tagout

150.616 What are the requirements for lockout?
150.617 What are the requirements for tagout?

Respiratory Protection

150.618 What are the requirements for respiratory protection?

Fall Arrest

150.619 What are the fall arrest system requirements?

Machine Guards

150.620 What are the requirements for protecting personnel from machinery?

Slings

150.621 What are the requirements for slings?

Warning Signs

150.622 What are the warning sign requirements?

Confined Space Safety

150.623 What are the requirements for protecting personnel from
hazards associated with confined spaces?

Blood-Borne Pathogens

150.624 What are the requirements for protecting personnel from
blood-borne pathogens?

Hazard Communication Program

150.625 What must the hazard communication program contain?
150.626 What is the hazard communication program used for?
150.627 Must material safety data sheets be available to all
personnel?
150.628 How must the operator label, tag, and mark a container of
hazardous material?

Subpart H--Aids to Navigation

150.700 What does this subpart do?
150.705 What are the requirements for maintaining and inspecting
aids to navigation?
150.710 What are the requirements for supplying power to aids to
navigation?
150.715 What are the requirements for lights used as aids to navigation?
150.720 What are the requirements for sound signals?

Subpart I--Reports and Records

150.800 What does this subpart do?

Reports

150.805 What reports must be sent both to a classification society
and to the Coast Guard?
150.810 Reporting a problem with an aid to navigation.
150.812 What is the purpose of reporting casualties on deepwater ports?
150.815 How must casualties be reported?
150.820 When must a written report of casualty be submitted, and
what must it contain?
150.825 Reporting a diving-related casualty.
150.830 Reporting a pollution incident.
150.835 Reporting sabotage or subversive activity.

Records

150.840 What records must be kept?
150.845 Personnel records.
150.850 How long must a declaration of inspection form be kept?

Subpart J--Safety Zones, No Anchoring Areas, and Areas to Be Avoided

150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas to be
avoided established?
150.910 What installations, structures, or activities are prohibited
in a safety zone?
150.915 How are safety zones, no anchoring areas, and areas to be
avoided established and modified?
150.920 How can I find notice of new or proposed safety zones?
150.925 How long may a safety zone, no anchoring area, or area to be
avoided remain in place?
150.930 What datum is used for the geographic coordinates in this subpart?
150.940 Safety zones for specific deepwater ports.

Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No.
0170.1(70), (73), (75), (80).

[[Page 57681]]

Subpart A--General

Sec. 150.1 What does this part do?

This part provides requirements for the operation of deepwater ports.

Sec. 150.5 Definitions.

See Sec. 148.5 of this chapter for the definition of certain terms
used in this part.

Sec. 150.10 What are the general requirements for operations manuals?

(a) Each deepwater port must have an operations manual that
addresses policies and procedures for normal and emergency operations
conducted at the port. The operations manual must, at a minimum,
include the requirements outlined in Sec. 150.15.
(b) The operations manual is reviewed and approved by the
Commandant (G-P), who may consult with the local Officer in Charge of
Marine Inspection (OCMI), as meeting the requirements of the Act and
this subchapter. The original manual is approved as part of the
application process in part 148 of this chapter.
(c) The OCMI may approve subsequent changes to the operations
manual, provided the Commandant (G-P) is notified and consulted
regarding any significant modifications.
(d) The manual must be readily available on the deepwater port for
use by personnel.
(e) The licensee must ensure that all personnel are trained and
follow the procedures in the manual while at the deepwater port.

Sec. 150.15 What must the operations manual include?

The operations manual required by Sec. 150.10 must identify the
deepwater port and include the information required in this section.
(a) General information. A description of the geographic location
of the deepwater port.
(b) A physical description of the port.
(c) Engineering and construction information, including all defined
codes and standards used for the port structure and systems. The
operator must include schematics of all applicable systems. Schematics
must show the location of valves, gauges, system working pressure,
relief settings, monitoring systems, and other pertinent information.
(d) Communications system. A description of a comprehensive
communications plan, including:
(1) Dedicated frequencies;
(2) Communication alerts and notices between the deepwater port and
arriving and departing vessels; and
(3) Mandatory time intervals or communication schedules for
maintaining a live radio watch, and monitoring frequencies for
communication with vessels and aircraft.
(e) Facility plan. A layout plan for the mooring areas, navigation
aids, cargo transfer locations, and control stations.
(f) The hours of operation.
(g) The size, type, number, and simultaneous operations of tankers
that the port can handle.
(h) Calculations, with supporting data or other documentation, to
show that the charted water depth at each proposed mooring location is
sufficient to provide at least a net under keel clearance of 5 feet, at
the mean low water condition.
(i) Tanker navigation procedures. The procedures for tanker
navigation, including the information required in paragraphs (i)(1)
through (i)(9) of this section.
(1) The operating limits, maneuvering capability, draft, net under
keel clearance, tonnage, length, and breadth of the tanker that will be
accommodated at each designated mooring.
(2) The speed limits proposed for tankers in the safety zone and
area to be avoided around the port.
(3) Any special navigation or communication equipment that may be
required for operating in the safety zone and area to be avoided.
(4) The measures for routing vessels, including a description of
the radar navigation system to be used in operation of the deepwater port:
(i) Type of radar;
(ii) Characteristics of the radar;
(iii) Antenna location;
(iv) Procedures for surveillance of vessels approaching, departing,
navigating, and transiting the safety zone and area to be avoided;
(v) Advisories to each tanker underway in the safety zone regarding
the vessel's position, port conditions, and status of adjacent vessel
traffic;
(vi) Notices that must be made, as outlined in Sec. 150.325, by
the tanker master regarding the vessel's characteristics and status;
and
(vii) Rules for navigating, mooring, and anchoring in a safety
zone, area to be avoided, and anchorage area.
(5) Any mooring equipment needed to make up to the single point
mooring (SPM).
(6) The procedures for clearing tankers, support vessels, and other
vessels and aircraft during emergency and routine conditions.
(7) Weather limits for tankers, including a detailed description of
how to forecast the wind, wave, and current conditions for:
(i) Shutdown of cargo transfer operations;
(ii) Departure of the tanker from the mooring;
(iii) Prohibition on mooring at the deep water port or SPM; and
(iv) Shutdown of all port operations and evacuation of the port.
(8) Any special illumination requirements for vessel arrival,
discharge, and departure operations.
(9) Any special watchstanding requirements for vessel transiting,
mooring, or anchoring.
(j) Personnel. The duties, title, qualifications, and training of
all port personnel responsible for managing and carrying out the
following port activities and functions:
(1) Vessel traffic management;
(2) Cargo transfer operations;
(3) Safety and fire protection;
(4) Maintenance and repair operations;
(5) Emergency procedures; and
(6) Port security.
(k) The personnel assigned to supervisory positions must be
designated, in writing, by the licensee and have the appropriate
experience and training to satisfactorily perform their duties. The
Commandant (G-P) will review and approve the qualifications for all
proposed supervisory positions.
(l) Cargo transfer procedures. The procedures for cargo transfer
must comply with the applicable requirements of parts 154 and 156 for
oil, and subpart B (Operations) to part 127 for natural gas,
respectively, of this chapter, including the requirements specified in
paragraphs (l)(1) through (l)(10) of this section.
(1) The requirements for oil transfers in accordance with subpart A
to part 156 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment such as hoses,
connectors, closure devices, monitoring devices, and containment;
(iii) Connecting and disconnecting transfer equipment, including a
floating hose string for a single point mooring (SPM);
(iv) Preparation of the Declaration of Inspection; and
(v) Supervision by a person in charge.
(2) The requirements for natural gas transfers in accordance with
subpart B to part 127 of this chapter regarding:
(i) Pre-transfer conference;
(ii) Inspection of transfer site and equipment such as hoses,
connectors, closure devices, leak monitoring devices, and containment;
(iii) Connecting and disconnecting of transfer equipment, including
to a floating hose string for a SPM;

[[Page 57682]]

(iv) Line purging to test for leaks and to prepare for cool-down or
heat-up phases as appropriate;
(v) Preparation of the Declaration of Inspection; and
(vi) Supervision by a port person in charge.
(3) The shipping name of, and Material Safety Data Sheet on, any
product transferred.
(4) The duties, title, qualifications, and training of personnel of
the port designated as the person in charge and responsible for
managing cargo transfers, including ballasting operations if applicable
to the port, in accordance with subpart D of part 154 for oil, and
subpart B (Operations) of part 127 for natural gas, respectively, of
this chapter.
(5) Minimum requirements for watch personnel on board the vessel
during transfer operations, such as personnel necessary for checking
mooring gear, monitoring communications, and maintaining propulsion and
steering on standby.
(6) The start up and completion of pumping.
(7) Emergency shutdown.
(8) The maximum relief valve settings, the maximum available
working pressure, and hydraulic shock to the system without relief
valves, or both.
(9) Equipment necessary to discharge cargo to the port complex
without harm to the environment or to persons involved in the cargo
transfer, including piping, adapters, bolted flanges, and quick-
disconnect coupling.
(10) A description of the method used to water and de-water the
single point mooring hoses when required.
(m) Unusual arrangements that may be applicable, including:
(1) A list and description of any extraordinary equipment or
assistance available to vessels with inadequate pumping capacity, small
cargoes, small diameter piping, or inadequate crane capacity; and
(2) A description of special storage or delivery arrangements for
unusual cargoes; for example, cool-down requirements for transfer
system components prior to transfer of liquefied natural gas.
(n) Maintenance procedures. A maintenance program to document
service and repair of key equipment such as:
(1) Cargo transfer equipment;
(2) Firefighting and fire protection equipment;
(3) Facility support services, such as generators, evaporators, etc.;
(4) Safety equipment; and
(5) Cranes.
(o) A waste management plan comparable to Sec. 151.57.
(p) Occupational health and safety training procedures. Policy and
procedures to address occupational health and safety requirements
outlined in Sec. Sec. 150.600 to 150.632 of this subpart, including:
(1) Employee training in safety and hazard awareness, and proper
use of personnel protective equipment;
(2) Physical safety measures in the workplace, such as housekeeping
and illumination of walking and working areas;
(3) Fall arrest;
(4) Personnel transfer nets;
(5) Hazard communication (right-to-know);
(6) Permissible exposure limits;
(7) Machine guarding;
(8) Electrical safety;
(9) Lockout/tagout;
(10) Crane safety;
(11) Sling usage;
(12) Hearing conservation;
(13) Hot work;
(14) Warning signs;
(15) Confined space safety; and
(16) Initial and periodic training and certification to be
documented for each port employee and for visitors, where appropriate;
for example, safety orientation training.
(q) Emergency notification procedures. Emergency internal and
external notification procedures:
(1) Names and numbers of key port personnel;
(2) Names and numbers of law enforcement and response agencies;
(3) Names and numbers of persons in charge of any OCS facility
that, due to close proximity, could be affected by an incident at the
deepwater port.
(r) Quantity, type, location, and use of safety and fire protection
equipment, including the fire plan.
(s) Aerial operations such as helicopter landing pad procedures.
(t) Port response procedures for:
(1) Fire;
(2) Reportable product spill;
(3) Personnel injury, including confined space rescue; and
(4) Terrorist activity, as described in the port security plan.
(u) Emergency evacuation procedures comparable to Sec. 146.140(d)
of this chapter.
(v) Designation of and assignment of port personnel to response
teams for specific contingencies.
(w) Individual and team training for incident response, in
accordance with 46 CFR 109.213, to cover:
(1) Care and use of equipment;
(2) Emergency drills and response, to include:
(i) Type;
(ii) Frequency, which must be at least annually; and
(iii) Documentation, including records, reports and dissemination
of ``lessons learned''.
(3) Documentation of the following minimum training requirements
for response team members:
(i) Marine firefighting training;
(ii) First aid/CPR;
(iii) Water survival;
(iv) Spill response and clean up;
(v) Identification of at least one employee trained and certified
at the basic level as an emergency medical technician; and
(vi) Identification of at least two employees trained and certified
as offshore competent persons in prevention of inadvertent entry into
hazardous confined spaces.
(x) Security procedures. Deepwater port operators must develop a
deepwater port security plan comparable to those required by 33 CFR
part 106. The plan must address at least:
(1) Access controls for goods and materials and access controls for
personnel that require positive and verifiable identification;
(2) Monitoring and alerting of vessels that approach or enter the
port's security zone;
(3) Risk identification and procedures for detecting and deterring
terrorist or subversive activity, such as security lighting and
remotely-alarmed restricted areas;
(4) Internal and external notification and response requirements in
the event of a perceived threat or an attack on the port;
(5) Designation of the port security officer;
(6) Required security training and drills for all personnel; and
(7) The scalability of actions and procedures for the various
levels of threat.
(y) Special operations procedures. Include procedures for any
special operations, such as:
(1) Evacuation and re-manning;
(2) Refueling;
(3) Diving;
(4) Support vessel operations;
(5) Providing logistical services; and
(6) Contingency response for events that could affect nearby
existing OCS oil and gas facilities, such as explosions, fires, or
product spills.
(z) Recordkeeping of maintenance procedures, tests, and emergency
drills outlined elsewhere in the operations manual.
(aa) Environmental procedures. A program for maintaining compliance
with license conditions and applicable environmental laws, by periodic
monitoring of the environmental effects of the port and its operations,
including:

[[Page 57683]]

(1) Air and water monitoring in accordance with applicable Federal
and State law;
(2) A routine re-examination, not less than once every five years,
of the physical, chemical, and biological factors contained in the
port's environmental impact analysis and baseline study submitted with
the license application; and
(3) A risk management plan, addressing the potential for an
uncontrolled release; or provision for more detailed studies following
any uncontrolled release or other unusual event that adversely affects
the environment.

Sec. 150.20 How many copies of the operations manual must be given to
the Coast Guard?

The draft operations manual must be included with the application,
and the number of copies is governed by Sec. 148.115. At least five
copies of the final operations manual, and of any subsequent amendment,
must be submitted to the Commandant (G-P). Additional copies may be
required to meet the needs of other agencies.

Sec. 150.25 Amending the operations manual.

(a) Whenever the cognizant Captain of the Port (COTP) finds that
the operations manual does not meet the requirements of this part, the
COTP notifies the licensee, in writing, of the inadequacies in the manual.
(b) Within 45 days after the notice under paragraph (a) of this
section is sent, the licensee must submit written proposed amendments
to eliminate the inadequacies.
(c) The cognizant COTP reviews the amendments and makes a
determination as to the adequacy of the amendments and notifies the
licensee of the determination.
(d) If the COTP decides that an amendment is necessary, the
amendment goes into effect 60 days after the COTP notifies the licensee
of the amendment.
(e) The licensee may petition the Commandant (G-P), via the
appropriate district office, to review the decision of the COTP. In
this case, the effective date of the amendment is delayed pending the
Commandant's decision. Petitions must be made in writing and presented
to the COTP to forward to the Commandant (G-P).
(f) If the COTP finds that a particular situation requires
immediate action to prevent a spill or discharge, or to protect the
safety of life and property, the COTP may issue an amendment effective
on the date that the licensee receives it. The COTP must include a
brief statement of the reasons for the immediate amendment. The
licensee may petition the District Commander for review, but the
petition does not delay the effective date of the amendment.

Sec. 150.30 Proposing an amendment to the operations manual.

(a) The licensee may propose an amendment to the operations manual:
(1) By submitting, in writing, the amendment and reasons for the
amendments to the Captain of the Port (COTP) not less than 30 days
before the requested effective date of the amendment; or
(2) If the amendment is needed immediately, by submitting the
amendment, and reasons why the amendment is needed immediately, to the
COTP in writing.
(b) The COTP must respond to a proposed amendment by notifying the
licensee, in writing, before the requested date of the amendment
whether the request is approved. If the request is disapproved, the
COTP must include the reasons for disapproval in the notice. If the
request is for an immediate amendment, the COTP must respond as soon as
possible.

Sec. 150.35 How may an adjacent coastal State request an amendment to
the operations manual?

(a) An adjacent coastal State connected by pipeline to the
deepwater port may petition the cognizant Captain of the Port (COTP) to
amend the operations manual. The petition must include sufficient
information to allow the COTP to reach a decision concerning the
proposed amendment.
(b) After the COTP receives a petition, the COTP requests comments
from the licensee.
(c) After reviewing the petition and comments, and considering the
costs and benefits involved, the COTP may approve the petition if the
proposed amendment will provide equivalent or improved protection and
safety. The adjacent coastal State may petition the Commandant (G-P) to
review the decision of the COTP. Petitions must be made in writing and
presented to the COTP for forwarding to the Commandant (G-P) via the
District Commander.

Sec. 150.40 Deviating from the operations manual.

If, because of a particular situation, the licensee needs to
deviate from the operations manual, the licensee must submit a written
request to the Captain of the Port (COTP) explaining why the deviation
is necessary and what alternative is proposed. If the COTP determines
that the deviation would ensure equivalent or greater protection and
safety, the COTP authorizes the deviation and notifies the licensee in
writing.

Sec. 150.45 Emergency deviation from this subchapter or the
operations manual.

In an emergency, any person may deviate from any requirement in
this subchapter, or any procedure in the operations manual, to ensure
the safety of life, property, or the environment. Each deviation must
be reported to the Captain of the Port at the earliest possible time.

Sec. 150.50 What are the requirements for a facility spill response plan?

(a) Each deepwater port which meets the applicability requirements
of part 154 subpart F of this chapter must have a facility response
plan that is approved by the Captain of the Port (COTP).
(b) Each natural gas deepwater port must have a natural gas
facility emergency plan that meets part 127, subpart B of this chapter.
(c) The response plan must be submitted to the COTP, in writing,
not less than 60 days before the deepwater port begins operation.

Subpart B--Inspections

Sec. 150.100 What are the requirements for inspecting deepwater ports?

Under the direction of the Officer in Charge of Marine Inspection
(OCMI), marine inspectors may inspect deepwater ports to determine
whether the requirements of this subchapter are met. A marine inspector
may conduct an inspection, with or without advance notice, at any time
the OCMI deems necessary.

Sec. 150.105 What are the requirements for annual self-inspection?

(a) The owner or operator of each manned deepwater port must ensure
that the port is regularly inspected to determine whether the facility
is in compliance with the requirements of this subchapter. The
inspection must be at intervals of no more than 12 months. The
inspection may be conducted up to 2 months after its due date, but will
be valid for only the 12 months following that due date.
(b) The owner or operator must record and submit the results of the
annual self-inspection to the Captain of the Port (COTP) within 30 days
of completing the inspection. The report must include a description of
any failure, and the scope of repairs made to components or equipment,
in accordance with the requirements in subpart I of this part, other
than primary lifesaving, firefighting, or transfer equipment,

[[Page 57684]]

which are inspected and repaired in accordance with subpart F.
(c) Prior to the initiation of a self-inspection plan, and before
commencement of operations, the owner or operator must submit a
proposal describing the self-inspection plan to the COTP for
acceptance. The plan must address all applicable requirements outlined
in parts 149 and 150 of this subchapter.

Sec. 150.110 What are the notification requirements upon receipt of
classification society certifications?

The licensee must notify the Captain of the Port, in writing, upon
receipt of a classification society certification, interim class
certificate, or single point mooring classification certificate.

Subpart C--Personnel

Sec. 150.200 Who must ensure that port personnel are qualified?

The licensee must ensure that the individual filling a position
meets the qualifications for that position as outlined in the
operations manual.

Sec. 150.205 What are the language requirements for port personnel?

Only persons who read, write, and speak English may occupy the
essential management positions outlined in the operations manual.

Sec. 150.210 What are the restrictions on serving in more than one
position?

No person may serve in more than one of the essential management
positions outlined in the operations manual at any one time.

Sec. 150.225 What training and instruction are required?

Personnel must receive training and instruction commensurate with
the position they hold. Procedures for documenting employee training
must be outlined in the operations manual.

Subpart D--Vessel Navigation

Sec. 150.300 What does this subpart do?

This subpart supplements the International Regulations for
Prevention of Collisions at Sea, 1972 (72 COLREGS) described in
subchapter D of this chapter, and prescribes requirements that:
(a) Apply to the navigation of all vessels at or near a deepwater
port; and
(b) Apply to all vessels while in a safety zone, area to be
avoided, or no anchoring area.

Sec. 150.305 How does this subpart apply to unmanned deepwater ports?

The master of any tanker calling at an unmanned deepwater port is
responsible for the safe navigation of the vessel to and from the port,
and for the required notifications in Sec. 150.325. Once the tanker is
connected to the unmanned deepwater port, the master must maintain
radar surveillance in compliance with the requirements of Sec. 150.310.

Sec. 150.310 When is radar surveillance required?

A manned deepwater port's person in charge of vessel operations
must maintain radar surveillance of the safety zone or area to be
avoided when:
(a) A tanker is proceeding to the safety zone after submitting the
report required in Sec. 150.325;
(b) A tanker or support vessel is underway in the safety zone or
area to be avoided;
(c) A vessel other than a tanker or support vessel is about to
enter or is underway in the safety zone or area to be avoided; or
(d) As described in the port security plan.

Sec. 150.320 What advisories are given to tankers?

A manned deepwater port's person in charge of vessel operations
must advise the master of each tanker underway in the safety zone or
area to be avoided of the following:
(a) At intervals not exceeding 10 minutes, the vessel's position by
range and bearing from the pumping platform complex; and
(b) The position and the estimated course and speed, if moving, of
all other vessels that may interfere with the movement of the tanker
within the safety zone or area to be avoided.

Sec. 150.325 What is the first notice required before a tanker enters
the safety zone or area to be avoided?

(a) The owner, master, agent, or person in charge of a tanker bound
for a manned deepwater port must comply with the notice of arrival
requirements in subpart C of part 160 of this chapter.
(b) The owner, master, agent, or person in charge of a tanker bound
for a manned deepwater port must report the pertinent information
required in Sec. 150.15(i)(4)(vi) for the vessel, including:
(1) The name, gross tonnage, and draft of the tanker;
(2) The type and amount of cargo in the tanker;
(3) The location of the tanker at the time of the report;
(4) Any conditions on the tanker that may impair its navigation,
such as fire, or malfunctioning propulsion, steering, navigational, or
radiotelephone equipment. The testing requirements in Sec. 164.25 of
this chapter are applicable to vessels arriving at a deepwater port;
(5) Any leaks, structural damage, or machinery malfunctions that
may impair cargo transfer operations or cause a product discharge; and
(6) The operational condition of the equipment listed under Sec.
164.35 of this chapter on the tanker.
(c) If the estimated time of arrival changes by more than 6 hours
from the last reported time, the National Vessel Movement Center (NVMC)
and the port's person in charge of vessel operations must be notified
of the correction as soon as the change is known.
(d) If the information reported in paragraphs (b)(4) or (b)(5) of
this section changes at any time before the tanker enters the safety
zone or area to be avoided at the deepwater port, or while the tanker
is in the safety zone or area to be avoided, the master of the tanker
must report the changes to the NVMC and port's person in charge of
vessel operations as soon as possible.

Sec. 150.330 What is the second notice required before a tanker
enters the safety zone or area to be avoided?

When a tanker bound for a manned deepwater port is 20 miles from
entering the port's safety zone or area to be avoided, the master of
the tanker must notify the port's person in charge of vessel operations
of the tanker's name and location.

Sec. 150.340 What are the rules of navigation for tankers in the
safety zone or area to be avoided?

(a) A tanker must enter or depart the port's safety zone or area to
be avoided in accordance with the navigation procedures in the port's
approved operations manual as described in Sec. 150.15(i).
(b) A tanker must not anchor in the safety zone or area to be
avoided, except in a designated anchorage area.
(c) A tanker may not enter a safety zone or area to be avoided in
which another tanker is present, unless it has been cleared by the
person in charge of the port and no other tankers are underway.
(d) A tanker must not operate, anchor, or moor in any area of the
safety zone or area to be avoided in which the net under keel clearance
would be less than 5 feet.

Sec. 150.345 How are support vessels cleared to move within the
safety zone or area to be avoided?

All movements of support vessels within a manned deepwater port's
safety zone or area to be avoided must

[[Page 57685]]

be cleared in advance by the port's person in charge of vessel operations.

Sec. 150.350 What are the rules of navigation for support vessels in
the safety zone or area to be avoided?

A support vessel must not anchor in the safety zone or area to be
avoided, except:
(a) In an anchorage area; or
(b) For vessel maintenance, which, in the case of a manned
deepwater port, must be cleared by the port's person in charge of
vessel operations.

Sec. 150.355 How are other vessels cleared to move within the safety
zone?

(a) Clearance by a manned deepwater port's person in charge of
vessel operations is required before a vessel, other than a tanker or
support vessel, enters the safety zone.
(b) The port's person in charge of vessel operations may clear a
vessel under paragraph (a) of this section only if its entry into the
safety zone would not:
(1) Interfere with the purpose of the deepwater port;
(2) Endanger the safety of life, property, or environment; or
(3) Be prohibited by regulation.
(c) At an unmanned deepwater port, such as a submerged turret
landing (STL) system, paragraphs (a) and (b) of this section apply once
a tanker connects to the STL buoy.

Sec. 150.380 Under what circumstances may vessels operate within the
safety zone or area to be avoided?

(a) Table 150.380(a) of this section lists both the areas within a
safety zone where a vessel may operate and the clearance needed for
that location.

Table 150.380(a).--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
Areas to be Other areas within
avoided around and adjacent to
Regulated activities Safety zone each deepwater Anchorage areas the safety zone
port component (e.g., no
\1\ anchoring area)
----------------------------------------------------------------------------------------------------------------
Tankers calling at port........ C C C C
Support vessel movements....... C C C C
Transit by vessels other than F D P P
tankers or support vessels.
Mooring to surface components N N N N
(for example an SPM) by
vessels other than tankers or
support vessels.
Anchoring by vessels other than N F C F
tankers or support vessels.
Fishing, including bottom trawl N D P N
(shrimping).
Mobile drilling operations or N R N N
erection of structures.\2\
Lightering/transshipment....... N N N N
----------------------------------------------------------------------------------------------------------------
\1\ Areas to be avoided are in subpart J of this part.
\2\ Not part of Port Installation.
Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the
person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger
to the ship or persons on board.
N--Not permitted.
P--Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel
traffic supervisor.
R--Permitted only if determined that operation does not create unacceptable risk to personnel safety and
security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area
to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established
within 12 nautical miles.

(b) If the activity is not listed in table 150.380(a) of this
section, nor otherwise provided for in this subpart, the Captain of the
Port's permission is required before operating in the safety zone or
regulated navigation area.

Sec. 150.385 What is required in an emergency?

In an emergency, for the protection of life or property, a vessel
may deviate from a vessel movement requirement in this subpart without
clearance from a manned deepwater port's person in charge of vessel
operations if the master advises the port person in charge of the
reasons for the deviation at the earliest possible moment.

Subpart E--Cargo Transfer Operations

Sec. 150.400 What does this subpart do?

This subpart prescribes rules that apply to the transfer of oil or
natural gas at a deepwater port.

Sec. 150.405 How must a cargo transfer system be tested and inspected?

(a) No person may transfer oil or natural gas through a cargo
transfer system (CTS) at a deepwater port unless it has been inspected
and tested according to this section.
(b) The single point mooring (SPM)-CTS must be maintained as
required by the design standards used to comply with Sec. 149.650 of
this chapter.
(c) If the manufacturer's maximum pressure rating for any cargo
transfer hose in a SPM-CTS has been exceeded, unless it was exceeded
for testing required by this section, the hose must be:
(1) Removed;
(2) Hydrostatically tested to 1.5 times its maximum working
pressure for oil, or 1.1 times its maximum working pressure for natural
gas; and
(3) Visually examined externally and internally for evidence of:
(i) Leakage;
(ii) Loose covers;
(iii) Kinks;
(iv) Bulges;
(v) Soft spots; and
(vi) Gouges, cuts, or slashes that penetrate the hose
reinforcement.
(d) Each submarine hose used in cargo transfer operations in an
SPM-CTS must have been removed from its coupling, surfaced, and
examined as described in paragraphs (c)(2) and (c)(3) of this section,
within the preceding 2

[[Page 57686]]

years for oil, or 15 months for natural gas; and
(e) Before resuming cargo transfer operations, each submarine hose
in an SPM-CTS must be visually examined in place as described in
paragraph (c)(3) of this section after cargo transfer operations are
shut down due to sea conditions at the deepwater port.

Sec. 150.420 What actions must be taken when cargo transfer equipment
is defective?

When any piece of equipment involved in oil or natural gas transfer
equipment is defective:
(a) The piece of equipment must be replaced or repaired before
making any further cargo transfers; and
(b) The repaired or replaced piece must meet or exceed its original
specifications. Repairs must be conducted in accordance with the port's
maintenance program outlined in the operations manual, and that program
must provide for the repair of natural gas transfer hoses in accordance
with Sec. 127.405 of this chapter.

Sec. 150.425 What are the requirements for transferring cargo?

Cargo transfer procedures must be outlined in the port operations
manual and must provide:
(a) Oil transfer procedures that accord with Sec. 156.120 of this
chapter; and
(b) Natural gas transfer procedures that accord with Sec. Sec.
127.315, 127.317 and 127.319 of this chapter.

Sec. 150.430 What are the requirements for a declaration of inspection?

(a) No person may transfer cargo from a tanker to a manned
deepwater port unless a declaration of inspection complying with Sec.
156.150(c) for oil, or Sec. 127.317 for natural gas, of this chapter
has been filled out and signed by the vessel's officer in charge of
cargo transfer and the person in charge (PIC) of cargo transfer for the
deepwater port.
(b) Before signing a declaration of inspection, the vessel's
officer in charge of cargo transfer must inspect the tanker, and the
PIC of cargo transfer for the deepwater port must inspect the deepwater
port. They must indicate, by initialing each item on the declaration of
inspection form, that the tanker and deepwater port comply with Sec.
156.150 for oil, or Sec. 127.317 for natural gas, of this chapter.

Sec. 150.435 When are cargo transfers not allowed?

No person may transfer cargo at a deepwater port:
(a) When the person in charge (PIC) of cargo transfer is not on
duty at the port;
(b) During an electrical storm in the port's vicinity;
(c) During a fire at the port, at the onshore receiving terminal,
or aboard a vessel berthed at the port, unless the PIC of cargo
transfer determines that a cargo transfer should be resumed as a safety
measure;
(d) When a leak develops so that a sufficient quantity of product
accumulates in the cargo containment underneath the manifold or piping;
(e) When there are not enough personnel nor equipment at the port
dedicated to contain and remove the discharge or perform the emergency
response functions as required in the port's response plan under part
154 for oil, or emergency plan under part 127 for natural gas, of this
chapter;
(f) Whenever the emergency shutdown system should have activated
but failed to;
(g) By lighterage, except in bunkering operations, unless otherwise
authorized by the Captain of the Port;
(h) When the weather at the port does not meet the minimum
operating conditions for cargo transfers as defined in the port's
operations manual; or
(i) When prescribed by the port security plan under heightened
security conditions at the port or its adjacent areas, or on vessels
calling on or serving the port.

Sec. 150.440 How may the Captain of the Port order suspension of
cargo transfers?

(a) In case of emergency, the COTP may order the suspension of
cargo transfers at a port to prevent the discharge, or threat of
discharge, of oil or natural gas, or to protect the safety of life and
property.
(b) An order of suspension may be made effective immediately.
(c) The order of suspension must state the reasons for the suspension.
(d) The licensee may petition the District Commander to reconsider
the order of suspension. The petition must be in writing, unless the
order of suspension takes effect immediately, in which case the
petition may be made by any means, but the petition does not delay the
effective date of the suspension. The decision of the District
Commander is considered a final agency action.

Sec. 150.445 When is oil in a single point mooring-oil transfer
system (SPM-OTS) displaced with water?

(a) The oil in an SPM-OTS must be displaced with water, and the
valve at the pipeline end manifold must be closed whenever:
(1) A storm warning forecasts weather conditions that will exceed
the design operating criteria listed in the operations manual for the
SPM-OTS;
(2) A vessel is about to depart the SPM because of storm
conditions; or
(3) The SPM is not scheduled for use in an oil transfer operation
within the next 7 days.
(b) The requirement in paragraph (a) of this section is waived if
port officials can demonstrate to the Officer in Charge of Marine
Inspection that a satisfactory alternative means of safely securing all
cargo transfer hoses can be implemented in the event of severe weather
conditions.

Subpart F--Emergency and Specialty Equipment

Sec. 150.500 What does this subpart do?

This subpart concerns requirements for maintenance, repair, and
operational testing of emergency and specialty equipment at a deepwater
port.

Maintenance and Repair

Sec. 150.501 How must emergency equipment be maintained and repaired?

All lifesaving, firefighting, and other emergency equipment at a
deepwater port, including additional equipment not required to be on
board the deepwater port, must be maintained in good working order and
repaired according to the port's planned maintenance program and the
requirements outlined in this subpart.

Lifesaving Equipment (General)

Sec. 150.502 What are the maintenance and repair requirements for
lifesaving equipment?

(a) Each deepwater port must have on board, or in the operator's
principal office in the case of an unmanned port, the manufacturer's
instructions for performing onboard maintenance and repair of the
port's lifesaving equipment. The instructions must include the
following for each item of equipment, as applicable:
(1) Instructions for maintenance and repair;
(2) A checklist for use when carrying out the monthly inspections
required under Sec. 150.513;
(3) A schedule of periodic maintenance;
(4) A diagram of lubrication points with the recommended lubricants;
(5) A list of replaceable parts;
(6) A list of spare parts sources; and
(7) A log for records of inspections and maintenance.
(b) In lieu of the manufacturer's instructions required under
paragraph (a) of this section, the deepwater port may have its own
onboard planned maintenance program for maintenance and repair that is
equivalent to the

[[Page 57687]]

procedures recommended by the equipment manufacturer.
(c) The deepwater port must designate a person in charge of
ensuring that maintenance and repair is carried out in accordance with
the instructions required in paragraph (a) of this section.
(d) If deficiencies in the maintenance or condition of lifesaving
equipment are identified, the Officer in Charge of Marine Inspection
(OCMI) may review the instructions under paragraph (a) of this section
and require appropriate changes to the instructions or operations to
provide for adequate maintenance and readiness of the equipment.
(e) When lifeboats, rescue boats, and liferafts are not fully
operational because of ongoing maintenance or repairs, there must be a
sufficient number of fully operational lifeboats and liferafts
available for use to accommodate all persons on the deepwater port.
(f) Except in an emergency, repairs or alterations affecting the
performance of lifesaving equipment must not be made without notifying
the OCMI in advance. The person in charge must report emergency repairs
or alterations to lifesaving equipment to the OCMI, as soon as practicable.
(g) The person in charge must ensure that spare parts and repair
equipment are provided for each lifesaving appliance and component
subject to excessive wear or consumption.

Launching Appliances

Sec. 150.503 What are the time interval requirements for maintenance
on survival craft falls?

(a) Each fall used in a launching device for survival craft or
rescue boats must be turned end-for-end at intervals of not more than
30 months.
(b) Each fall must be replaced by a new fall when deteriorated, or
at intervals of not more than 5 years, whichever is earlier.
(c) A fall that cannot be turned end-for-end under paragraph (a) of
this section must be carefully inspected between 24 and 30 months after
its installation. If the inspection shows that the fall is faultless,
the fall may be continued in service up to 4 years after its
installation. It must be replaced by a new fall 4 years after installation.

Sec. 150.504 When must the operator service and examine lifeboat and
rescue boat launching appliances?

(a) The operator must service launching appliances for lifeboats
and rescue boats at intervals recommended in the manufacturer's
instructions under Sec. 150.502(a), or according to the deepwater
port's planned maintenance program under Sec. 150.502(b).
(b) The operator must thoroughly examine launching appliances for
lifeboats and rescue boats at intervals of not more than 5 years. Upon
completion of the examination, the operator must subject the winch
brakes of the launching appliance to a dynamic test.

Sec. 150.505 When must the operator service and examine lifeboat and
rescue boat release gear?

(a) The operator must service lifeboat and rescue boat release gear
at intervals recommended in the manufacturer's instructions under Sec.
150.502(a), or according to the deepwater port's planned maintenance
program under Sec. 150.502(b).
(b) The operator must subject lifeboat and rescue boat release gear
to a thorough examination at each annual self-certification inspection
by personnel trained in examining the gear.

Inflatable Lifesaving Appliances

Sec. 150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems?

(a) The operator must service each inflatable lifejacket, hybrid
inflatable lifejacket, and marine evacuation system at 1-year intervals
after its initial packing. The operator may delay the servicing for up
to 5 months to meet the next scheduled inspection of the deepwater
port.
(b) The operator must service each inflatable liferaft no later
than the month and year on its servicing sticker under 46 CFR 160.151-
57(m)(3)(ii), except that the operator may delay servicing by up to 5
months to meet the next scheduled inspection of the deepwater port. The
operator must also service each inflatable liferaft:
(1) Whenever the container of the raft is damaged; or
(2) Whenever the container straps or seals are broken.

Sec. 150.507 How must the operator service inflatable lifesaving
appliances?

(a) The operator must service each inflatable liferaft according to
46 CFR subpart 160.151.
(b) The operator must service each inflatable lifejacket according
to 46 CFR subpart 160.176.
(c) The operator must service each hybrid inflatable lifejacket
according to the owner's manual and the procedures in 46 CFR subpart
160.077.

Sec. 150.508 What are the maintenance and repair requirements for
inflatable rescue boats?

The operator must perform the maintenance and repair of inflatable
rescue boats according to the manufacturer's instructions.

Operational Tests and Inspections (General)

Sec. 150.509 How must emergency equipment be tested and inspected?

All lifesaving, firefighting, and other emergency equipment at a
deepwater port must be tested and inspected under this subpart.

Sec. 150.510 How must tested emergency equipment be operated?

The equipment must be operated under the operating instructions of
the equipment's manufacturer when tests or inspections include
operational testing of emergency equipment.

Sec. 150.511 What are the operational testing requirements for
lifeboat and rescue boat release gear?

(a) Lifeboat and rescue boat release gear must be operationally
tested under a load of 1.1 times the total mass of the lifeboat or
rescue boat when loaded with its full complement of persons and equipment.
(b) The test must be conducted whenever the lifeboat, rescue boat,
or its release gear is overhauled, or at least once every 5 years.
(c) The Officer in Charge of Marine Inspection may consider
alternate operational test procedures to those under paragraph (a) of
this section.

Frequency of Tests and Inspections

Sec. 150.512 What occurs during the weekly tests and inspections?

The required weekly tests and inspections of lifesaving equipment
are as follows:
(a) The operator must visually inspect each survival craft, rescue
boat, and launching device to ensure its readiness for use;
(b) The operator must test the general alarm system; and
(c) The operator must test for readiness of the engine, starting
device, and communications equipment of each lifeboat and rescue boat
according to the manufacturer's instructions.

Sec. 150.513 What occurs during the monthly tests and inspections?

(a) The operator must inspect each item of lifesaving equipment
under Sec. 150.502(b) of this subpart monthly, to ensure that the
equipment is complete and in good order. The operator must keep on the
deepwater port, or in the operator's principal office in the case of an
unmanned deepwater port, a report of the inspection that includes a
statement as to the condition of the equipment, and make the report
available for review by the Coast Guard.

[[Page 57688]]

(b) The operator must test, on a monthly basis, each emergency
position indicating radio beacon (EPIRB) and each search and rescue
transponder (SART), other than an EPIRB or SART in an inflatable
liferaft. The operator must test the EPIRB using the integrated test
circuit and output indicator to determine whether the EPIRB is operational.

Sec. 150.514 What are the annual tests and inspections?

At least annually, the operator must:
(a) Strip, clean, thoroughly inspect, and, if needed, repair each
lifeboat, rescue boat, and liferaft. At that time, the operator must
also empty, clean, and refill each fuel tank with fresh fuel;
(b) Thoroughly inspect and, if needed, repair each davit, winch,
fall, and other launching device;
(c) Check all lifesaving equipment and replace any item that is
marked with an expiration date that has passed;
(d) Check all lifesaving equipment batteries and replace any
battery that is marked with an expiration date that has passed; and
(e) Replace any battery that is not marked with an expiration date
if that battery is used in an item of lifesaving equipment, except for
a storage battery used in a lifeboat or rescue boat.
(f) The requirements in this section do not relieve the person in
charge of the requirement to keep the equipment ready for immediate use.

Weight Testing

Sec. 150.515 What are the requirements for weight testing of newly
installed or relocated craft?

(a) The operator must perform installation weight testing, using
the procedure outlined in 46 CFR 199.45(a)(1) on each new lifeboat,
rescue boat, and davit-launched liferaft system.
(b) The operator must conduct installation weight tests, according
to paragraph (a) of this section, when survival crafts are relocated to
another deepwater port.

Sec. 150.516 What are the periodic requirements for weight testing?

The operator must weight test, using the procedure outlined in 46
CFR 199.45(a)(1), each lifeboat, davit-launched liferaft, and rescue
boat every time a fall is replaced or turned end-for-end.

Sec. 150.517 How are weight tests supervised?

(a) The installation and periodic tests required by Sec. Sec.
150.515 and 150.516 of this subpart must be supervised by a person
familiar with lifeboats, davit-launched liferafts, rescue boats, and
with the test procedures under those sections.
(b) The person supervising the tests must attest, in writing, that
the tests have been performed according to Coast Guard regulations. The
operator must keep a copy of the supervisor's attesting statement on
board the deepwater port, or in the operator's principal office in the
case of an unmanned deepwater port, and make it available to the
Officer in Charge of Marine Inspection.

Personal Safety Gear

Sec. 150.518 What are the inspection requirements for work vests and
immersion suits?

(a) All work vests and immersion suits must be inspected by the
owner or operator pursuant to Sec. 150.105 of this part to determine
whether they are in serviceable condition.
(b) If a work vest or immersion suit is inspected and is in
serviceable condition, then it may remain in service. If not, then it
must be removed from the deepwater port.

Emergency Lighting and Power Systems

Sec. 150.519 What are the requirements for emergency lighting and
power systems?

(a) The operator must test and inspect the emergency lighting and
power systems at least once a week to determine if they are in proper
operating condition. If they are not in proper operating condition,
then the operator must repair or replace their defective parts.
(b) The operator must test, under load, each emergency generator
driven by an internal combustion engine that is used for an emergency
lighting and power system at least once per month for a minimum of 2
hours.
(c) The operator must test each storage battery for the emergency
lighting and power systems at least once every 6 months to demonstrate
the ability of the batteries to supply the emergency loads for an 8-
hour period. The operator must follow the manufacturer's instructions
in performing the battery test to ensure the batteries are not damaged
during testing.

Fire Extinguishing Equipment

Sec. 150.520 When must fire extinguishing equipment be tested and
inspected?

The operations manual must specify how and when the operator will
test and inspect each portable fire extinguisher, semi-portable fire
extinguisher, and fixed fire extinguishing system. These specifications
must accord with 46 CFR 31.10-18.

Sec. 150.521 What records are required?

(a) The operator must maintain a record of each test and inspection
under Sec. 150.520 on the deepwater port, or in the operator's
principal office in the case of an unmanned deepwater port, for at
least 2 years.
(b) The record must show:
(1) The date of each test and inspection;
(2) The number or other identification of each fire extinguisher or
system tested or inspected; and
(3) The name of the person who conducted the test or inspection and
the name of the company that person represents.

Miscellaneous Operations

Sec. 150.530 What may the fire main system be used for?

The fire main system may be used only for firefighting and deck
washing, unless it is capable of being isolated and can provide the
applicable minimum pressures required in Sec. 149.416 of this chapter.

Sec. 150.531 How many fire pumps must be kept ready for use at all times?

At least one of the fire pumps required by this subchapter must be
kept ready for use at all times.

Sec. 150.532 What are the requirements for connection and stowage of
fire hoses?

(a) At least one length of fire hose, with a combination nozzle,
must be connected to each fire hydrant at all times. If it is exposed
to the weather, the fire hose may be removed from the hydrant during
freezing weather.
(b) When not in use, a fire hose connected to a fire hydrant must
be stowed on a hose rack.
(c) The hydrant nearest the edge of a deck must have enough fire
hose length connected to it to allow 10 feet of hose, when pressurized,
to curve over the edge.

Sec. 150.540 What are the restrictions on fueling aircraft?

If the deepwater port is not equipped with a permanent fueling
facility, the Captain of the Port's approval is necessary before
aircraft may be fueled at the port.

Sec. 150.550 What are the requirements for the muster list?

(a) A muster list must be posted on each pumping platform complex.
(b) The muster list must:
(1) List the name and title of each person, in order of succession,
who is the person in charge of the pumping platform complex for
purposes of supervision during an emergency;

[[Page 57689]]

(2) List the special duties and duty stations for each person on
the pumping platform complex, in the event of an emergency that
requires the use of equipment covered by part 149 of this chapter; and
(3) Identify the signals for calling persons to their emergency
stations and for abandoning the pumping platform complex.

Sec. 150.555 How must cranes be maintained?

Cranes must be operated, maintained, and tested in accordance with
46 CFR part 109, subpart F.

Subpart G--Workplace Safety and Health

Sec. 150.600 What does this subpart do?

This subpart sets safety and health requirements for the workplace
on a deepwater port.

Safety and Health (General)

Sec. 150.601 What are the safety and health requirements for the
workplace on a deepwater port?

(a) Each operator of a deepwater port must ensure that the port
complies with the requirements of this subpart, and must ensure that
all places of employment within the port are:
(1) Maintained in compliance with workplace safety and health
regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(b) Persons responsible for actual operations, including owners,
operators, contractors, and subcontractors must ensure that those
operations subject to their control are:
(1) Conducted in compliance with workplace safety and health
regulations of this subpart; and
(2) Free from recognized hazardous conditions.
(c) The term ``recognized hazardous conditions,'' as used in this
subpart, means conditions that are:
(1) Generally known among persons in the affected industry as
causing, or likely to cause, death or serious physical harm to persons
exposed to those conditions; and
(2) Routinely controlled in the affected industry.

Sec. 150.602 What occupational awareness training is required?

(a) Each deepwater port operator must ensure that all port
personnel are provided with information and training on recognized
hazardous conditions in their workplace, including, but not limited to,
electrical, mechanical, and chemical hazards. Specific required
training topics are outlined in Sec. 150.15(w).
(b) As an alternative to compliance with the specific provisions of
this subpart, an operator may provide, for workplace safety and health,
the implementation of an approved, port-specific safety and
environmental management program (SEMP). Operators should consult with
the Commandant (G-P) in preparing an SEMP. Five copies of a proposed
SEMP must be submitted to the Commandant for evaluation. The Commandant
may consult with the local Officer in Charge of Marine Inspection, and
will approve the SEMP if he or she finds that the SEMP provides at
least as much protection of workplace safety and health as do the
specific provisions of this subpart.

Sec. 150.603 What emergency response training is required?

The requirements for emergency response training must be outlined
in the port operations manual.

Sec. 150.604 Who controls access to medical monitoring and exposure
records?

If medical monitoring is performed or exposure records are
maintained by an employer, the owner, operator, or person in charge
must establish procedures for access to these records by personnel.

Sec. 150.605 What are the procedures for reporting a possible
workplace safety or health violation at a deepwater port?

Any person may notify the Officer in Charge of Marine Inspection
verbally or in writing of:
(a) A possible violation of a regulation in this part; or
(b) A hazardous or unsafe working condition on any deepwater port.

Sec. 150.606 After learning of a possible violation, what does the
Officer in Charge of Marine Inspection do?

After reviewing the information received under Sec. 150.605 of
this part, and conducting any necessary investigation, the OCMI
notifies the owner or operator of any deficiency or hazard and
initiates enforcement measures as the circumstances warrant. The
identity of any person making a report of a violation will remain
confidential, except to the extent necessary for the performance of
official duties or as agreed to by the person.

General Workplace Conditions

Sec. 150.607 What are the general safe working requirements?

(a) All equipment, including machinery, cranes, derricks, portable
power tools, and, most importantly, safety gear must be used in a safe
manner and in accordance with the manufacturer's recommended practice,
unless otherwise stated in this subchapter.
(b) All machinery and equipment must be maintained in proper
working order or removed.

Personal Protective Equipment

Sec. 150.608 Who is responsible for ensuring that the personnel use
or wear protective equipment and are trained in its use?

(a) Each deepwater port operator must ensure that all personnel
wear personal protective equipment when within designated work areas.
(b) Each deepwater port operator must ensure that:
(1) All personnel engaged in the operation are trained in the
proper use, limitations, and maintenance of the personal protective
equipment specified by this subpart;
(2) The equipment is maintained and used or worn as required by
this subpart; and
(3) The equipment is made available and on hand for all personnel
engaged in the operation.

Eyes and Face

Sec. 150.609 When is eye and face protection required?

The operator must provide eye and face protectors for the use of
persons engaged in or observing activities where damage to the eye is
possible, such as welding, grinding, machining, chipping, handling
hazardous materials, or burning or cutting acetylene. These eye and
face protectors must be:
(a) Properly marked and in compliance with the requirements of 29
CFR 1910.133; and
(b) Maintained in good condition or replaced when necessary.

Sec. 150.610 Where must eyewash equipment be located?

Portable or fixed eyewash equipment providing emergency relief must
be immediately available near any area where there is a reasonable
probability that eye injury may occur.

Head

Sec. 150.611 What head protection is required?

The deepwater port operator must ensure that where there is a
reasonable probability of injury from falling objects or contact with
electrical conductors, personnel working or visiting such an area wear
head protectors designed to protect them against such injury and
complying with 29 CFR 1910.135.

[[Page 57690]]

Feet

Sec. 150.612 What footwear is required?

The deepwater port operator must ensure that while personnel are
working in an area, or engaged in activities, where there is a
reasonable probability for foot injury to occur, they wear footwear
that complies with 29 CFR 1910.136, except for when environmental
conditions exist that present a hazard greater than that against which
the footwear is designed to protect.

Noise and Hearing Protection

Sec. 150.613 What are the requirements for a noise monitoring and
hearing protection survey?

(a) The deepwater port operator must measure noise and provide
hearing protection in accordance with 29 CFR 1910.95.
(b) The initial noise survey for a deepwater port must be completed
within one year of beginning operations.

Clothing

Sec. 150.614 When is protective clothing required?

The deepwater port operator must ensure that personnel exposed to
flying particles, radiant energy, heavy dust, or hazardous materials
wear clothing and gloves that protect against the hazard involved.

Electrical

Sec. 150.615 What safe practices are required?

(a) The deepwater port operator must ensure that before personnel
begin work that might expose them to an electrical charge, they turn
off the electricity, unless doing so is not feasible.
(b) The deepwater port operator must ensure that personnel turning
off equipment pursuant to paragraph (a) of this section follow the
lockout or tagging procedures specified in 29 CFR 1910.147, and in
Sec. Sec. 150.616 and 150.617.
(c) The deepwater port operator must ensure that, to prevent
electrical shock, personnel receive training in electrical, safety-
related work practices in the area of the work they perform, including
the use of electrical personal protective equipment appropriate to
protect against potential electrical hazards.

Lockout/Tagout

Sec. 150.616 What are the requirements for lockout?

The deepwater port operator must ensure that, if electrical,
hydraulic, mechanical, or pneumatic equipment does not need to be
powered during the work described in Sec. 150.615(a), and has a
lockout or other device to prevent the equipment from being turned on
unintentionally, that the lockout or other device is activated.

Sec. 150.617 What are the requirements for tagout?

(a) The deepwater port operator must ensure that, before work takes
place on equipment that is disconnected from the power source, a tag
complying with this section is placed at the location where the power
is disconnected. The operator must ensure that, if there is a control
panel for the equipment in line between the equipment and the location
where the power is disconnected, a tag complying with this section is
also placed on the control panel.
(b) Each tag or sign must have words stating:
(1) That equipment is being worked on;
(2) That power must not be restored or the equipment activated; and
(3) The name of the person who placed the tag.
(c) Only the person who placed the tag, that person's immediate
supervisor, or the relief person of either, is authorized to remove the tag.

Respiratory Protection

Sec. 150.618 What are the requirements for respiratory protection?

(a) The deepwater port operator must ensure that respiratory
protection measures are taken in compliance with 29 CFR 1910.134
including establishment of a formal respiratory protection program.
(b) The deepwater port operator must ensure that measures for
protection from exposure to asbestos are taken in compliance with 29
CFR 1910.1001.
(c) The deepwater port operator must ensure that measures for
protection from exposure to inorganic lead are taken in compliance with
29 CFR 1910.1025.

Fall Arrest

Sec. 150.619 What are the fall arrest system requirements?

(a) The deepwater port operator must ensure that all personnel who
are exposed to the risk of falling more than 6 feet, or who are at risk
of falling any distance onto equipment with irregular surfaces, exposed
moving components, electrically energized cables or connectors, or
water, are protected against such a fall by guardrails or other
measures that comply with 29 CFR 1910.23 or 1910.28, or by the use of
suitable lifesaving equipment that complies with 46 CFR part 160.
(b) In addition, the operator must take measures to control the
risk of falling, tripping, or slipping in work areas and walkways due
to the presence of loose material or wet conditions, including spills.

Machine Guards

Sec. 150.620 What are the requirements for protecting personnel from
machinery?

The deepwater port operator must ensure that all personnel are
protected from the risks created by operating machinery through the use
of guard devices or other measures that comply with 29 CFR 1910.212, or
through the use of conspicuously posted warning signs that comply with
Sec. 150.626 of this part.

Slings

Sec. 150.621 What are the requirements for slings?

The use of slings for handling material must comply with the
requirements of 29 CFR 1910.184.

Warning Signs

Sec. 150.622 What are the warning sign requirements?

The construction and use of warning signs must be in compliance
with 29 CFR 1910.144 and 1910.145.

Confined Space Safety

Sec. 150.623 What are the requirements for protecting personnel from
hazards associated with confined spaces?

(a) All personnel must be protected by suitable measures from
inadvertently entering a confined space containing a hazardous
atmosphere that can cause death or serious injury.
(b) Each deepwater port operator shall evaluate the specific
hazards associated with entering the port's confined spaces, and
develop a confined space safe entry program that complies with:
(1) 29 CFR 1910.146 for permit-required confined spaces, where
applicable; and
(2) A national consensus standard, as that term is defined in 29
CFR 1910.2, or that is set by a nationally recognized testing
laboratory as defined in 29 CFR 1910.7 and that provides levels of
personnel protection at least equivalent to those provided for shipyard
personnel by 29 CFR part 1915, subpart B.
(c) To implement the confined space safe entry program, the
deepwater port operator must determine the education, training, and
experience needed by the designated competent persons to safely conduct
their duties, including:
(1) Identification, testing, and certification of confined spaces;
and
(2) Training of personnel regarding dangers.

[[Page 57691]]

(d) These measures must be specified in the port operations manual,
along with a list of all confined spaces on the port, describing the
specific hazards associated with each such space.

Blood-Borne Pathogens

Sec. 150.624 What are the requirements for protecting personnel from
blood-borne pathogens?

Measures for protection from the dangers of blood-borne pathogens
must be taken in compliance with 29 CFR 1910.1030.

Hazard Communication Program

Sec. 150.625 What must the hazard communication program contain?

(a) Each deepwater port must have a hazard communication program
available for the training of, and review by, all personnel on the
deepwater port.
(b) The program must be in writing and describe or include:
(1) An inventory of each hazardous material on the deepwater port;
(2) The potential hazards of the material;
(3) The material's intended use on the deepwater port;
(4) The methods for handling and storing the material;
(5) The protective measures and equipment used to avoid hazardous
exposure;
(6) The labeling, marking, or tagging of the material;
(7) The special precautions, such as lockout and tagout under
Sec. Sec. 150.616 and 150.617, that should be emphasized when working
around the material;
(8) Information and training required for personnel on board the
deepwater port; and
(9) A material safety data sheet for the material.
(c) The information on a material safety data sheet itself may be
used by the employer as a tool for educating employees about the
hazards posed by the material, provided the employees acknowledge and
can demonstrate appropriate precautionary measures to minimize risk to
health and safety.
(d) The program must be supplemented as necessary to address each
hazardous material newly introduced on the deepwater port.

Sec. 150.626 What is the hazard communication program used for?

(a) The hazard communication program must ensure that all deepwater
port employees, when required by their duties, work safely and
responsibly with hazardous materials.
(b) The person in charge for safety must ensure that, before a
person is allowed to work at the deepwater port:
(1) A copy of the hazard communication program is made available to
the person; and
(2) The person is trained in the information contained in the program.
(c) The training must be supplemented to address each hazardous
material newly introduced on the deepwater port.

Sec. 150.627 Must material safety data sheets be available to all
personnel?

(a) The person in charge must ensure that a material safety data
sheet (MSDS) for each hazardous material on the fixed or floating
deepwater port is made available to all personnel on the port.
(b) Each MSDS must contain at least information on the use, proper
storage, potential hazards, and appropriate protective and response
measures to be taken when exposed to or handling the material.

Sec. 150.628 How must the operator label, tag, and mark a container
of hazardous material?

The operator must label, tag, or mark each container of hazardous
material with the identity of the hazardous material and the
appropriate physical, health, reactive and other special condition
hazard warnings. The only exception is for portable containers that
transfer hazardous material from a labeled container to the work site
for immediate use by the person who performs the transfer.

Subpart H--Aids to Navigation

Sec. 150.700 What does this subpart do?

This subpart provides requirements for the operation of aids to
navigation at a deepwater port.

Sec. 150.705 What are the requirements for maintaining and inspecting
aids to navigation?

(a) All aids to navigation must be maintained in proper operating
condition at all times.
(b) The Coast Guard may inspect all aids to navigation at any time
without notice.

Sec. 150.710 What are the requirements for supplying power to aids to
navigation?

The power of all navigation aids must be maintained, at all times,
at or above the level recommended by the equipment's manufacturer.

Sec. 150.715 What are the requirements for lights used as aids to
navigation?

(a) Each light under part 149, subpart E of this chapter, used as a
navigation aid on a deepwater port, must be lit continuously from
sunset to sunrise.
(b) During construction, a platform or single point mooring, if
positioned on the surface or within the net under keel depth for
tankers transiting within the safety zone, must be marked with at least
one of the following:
(1) The obstruction lights required for the structure in part 149,
subpart E of this chapter;
(2) The fixed lights of a vessel attending the structure; or
(3) The general illumination lights on the structure, if they meet
or exceed the intensity required for obstruction lights required for
the structure.
(c) The focal plane of each obstruction light and lit rotating
beacon must always coincide with the horizontal plane that passes
through the light source.

Sec. 150.720 What are the requirements for sound signals?

The sound signal on each pumping platform complex must be operated
whenever the visibility in any horizontal direction from the structure
is less than 5 miles. If the platform is under construction, this
requirement may be met by the use of a 2-second whistle blast, made
every 20 seconds by a vessel moored at the platform.

Subpart I--Reports and Records

Sec. 150.800 What does this subpart do?

This subpart concerns reports and records that the licensee must
keep and submit.

Reports

Sec. 150.805 What reports must be sent both to a classification
society and to the Coast Guard?

The licensee must submit to the Officer in Charge of Marine
Inspection a copy of each report submitted to an authorized
classification society, as defined in 46 CFR 8.100, for maintenance of
a single point mooring's class under the rules of that society.

Sec. 150.810 Reporting a problem with an aid to navigation.

(a) Any problem affecting the operation or characteristics of a
navigation aid at the deepwater port must be reported to the District
Commander by the fastest means available. The report must identify:
(1) The navigation aid affected;
(2) The aid's location;
(3) The nature of the problem; and
(4) The estimated repair time.
(b) When the problem is corrected, the District Commander must be
notified.

Sec. 150.812 What is the purpose of reporting casualties on deepwater
ports?

The Coast Guard, upon receipt of a reported marine casualty on a
deepwater port, as outlined in

[[Page 57692]]

Sec. 150.815, will conduct an investigation to determine the cause of
the incident and to take appropriate measures to promote safety of life
and property. The Coast Guard investigator will follow the procedures
outlined in 46 CFR subpart 4.07 in conducting the investigation.

Sec. 150.815 How must casualties be reported?

(a) Immediately after aiding the injured and stabilizing the
situation, the owner, operator, or person in charge of a deepwater port
must notify the nearest Sector, Marine Safety Unit, or other Coast
Guard unit of each event on, or involving, the deepwater port that
results in one or more of the following:
(1) Loss of life;
(2) An injury that requires professional medical treatment beyond
first aid and, if the person is engaged or employed on the deepwater
port, that renders the individual unfit to perform his or her routine
duties;
(3) Impairment of the port's operations or primary lifesaving or
fire-fighting equipment; or
(4) Property damage in excess of $100,000, including damage
resulting from a vessel or aircraft striking the port. This amount
includes the cost of labor and material to restore all affected items,
including, but not limited to, restoring the port and the vessel or
aircraft to their condition before the damage. This amount does not
include the cost of salvage, cleaning, gas freeing, dry-docking, or
demurrage of the port, vessel, or aircraft.
(b) The notice under paragraph (a) of this section must identify
the following:
(1) The deepwater port involved;
(2) The owner, operator, or person in charge of the port;
(3) The nature and circumstances of the event; and
(4) The nature and extent of the injury and damage resulting from
the event.
(c) The operator will ensure that the report contains the
information pertinent to OCS operations as outlined in part 140 of this
chapter when the deepwater port is co-located on a facility regulated
by the Minerals Management Service.

Sec. 150.820 When must a written report of casualty be submitted, and
what must it contain?

(a) In addition to the notice of casualty under Sec. 150.815, the
owner, operator, or person in charge of a deepwater port must submit a
written report of the event to the nearest Officer in Charge of Marine
Inspection (OCMI) within 5 days of the casualty notice. The report may
be on Form 2692, Report of Marine Accident, Injury, or Death, or in
narrative form if it contains all of the applicable information
requested in Form 2692. Copies of Form 2692 are available from the OCMI.
(b) The written report must also include the information relating
to alcohol and drug involvement specified by 46 CFR 4.05-12. The
deepwater port operator will ensure compliance with the chemical
testing procedures outlined in 46 CFR part 16.
(c) If filed immediately after the event, the written report
required by paragraph (a) of this section serves as the notice required
under Sec. 150.815.
(d) The operator will ensure that the written report is provided to
the nearest regional Minerals Management Service (MMS) office when the
deepwater port is co-located with an MMS-regulated facility.

Sec. 150.825 Reporting a diving-related casualty.

Deaths and injuries related to diving within the safety zone of a
deepwater port must be reported according to 46 CFR 197.484 and
197.486, rather than to Sec. Sec. 150.815 and 150.820.

Sec. 150.830 Reporting a pollution incident.

Oil pollution incidents involving a deepwater port are reported
according to Sec. Sec. 135.305 and 135.307 of this chapter.

Sec. 150.835 Reporting sabotage or subversive activity.

The owner, operator, or person in charge of a deepwater port must
immediately report to the Captain of the Port, by the fastest possible
means, any evidence of sabotage or subversive activity against any
vessel at the deepwater port or against the deepwater port itself.

Records

Sec. 150.840 What records must be kept?

(a) The licensee must keep copies at the deepwater port of the
reports, records, test results, and operating data required by this
part. In the case of unmanned deepwater ports, these copies must be
kept at the operator's principal office rather than on the port.
(b) The copies must be readily available to Coast Guard inspectors.
(c) Except for personnel records under Sec. 150.845, the copies
must be kept for 3 years.

Sec. 150.845 Personnel records.

The licensee must keep documentation on the designation and
qualification of the supervisory positions, outlined in the port
operations manual, that are responsible for the management of the
deepwater port. These records must be kept for the life of the
deepwater port.

Sec. 150.850 How long must a declaration of inspection form be kept?

The licensee must keep signed copies of the declaration of
inspection forms required by Sec. 150.430 for one month from the date
of signature.

Subpart J--Safety Zones, No Anchoring Areas, and Areas To Be Avoided

Sec. 150.900 What does this subpart do?

(a) This subpart provides requirements for the establishment,
restrictions, and location of safety zones, no anchoring areas (NAAs),
and areas to be avoided (ATBAs) around deepwater ports.
(b) Subpart D of this part, concerning vessel navigation and
activities permitted and prohibited at deepwater ports, applies to
safety zones, NAAs, ATBAs, and their adjacent waters; and supplements
the International Regulations for Preventing Collisions at Sea.
(c) Recommended shipping safety fairways associated with deepwater
ports are described in part 166 of this chapter.

Sec. 150.905 Why are safety zones, no anchoring areas, and areas to
be avoided established?

(a) Safety zones, no anchoring areas (NAAs) and areas to be avoided
(ATBAs) under this subchapter are established to promote safety of life
and property, marine environmental protection, and navigational safety
at deepwater ports and adjacent waters.
(b) Safety zones are the only federally regulated navigation areas.
They accomplish these objectives by preventing or controlling specific
activities, limiting access by vessels or persons, and by protecting
the living resources of the sea from harmful agents.
(c) The NAAs and ATBAs are established via the International
Maritime Organization (IMO). An NAA, specifically established to
protect vessels in transit and sub-surface deepwater port components,
will be mandatory. An ATBA will be a recommendatory routing measure.
(d) The sizes of restricted areas will be the minimum size needed
to ensure safety, while at the same time considering potential impacts
on other activities, including recreational boating, fishing, and OCS
activity.

[[Page 57693]]

Sec. 150.910 What installations, structures, or activities are
prohibited in a safety zone?

No installations, structures, or activities that are incompatible
with or that present an unacceptable risk to safety of the deepwater
port's operations or activity are allowed in the safety zone of a
deepwater port.

Sec. 150.915 How are safety zones, no anchoring areas, and areas to
be avoided established and modified?

(a) Safety zones are developed and designated during the
application process for a deepwater port license, and may be
established or modified through rulemaking. Rulemakings will afford
prior public notice and comment, except when there is good cause not to
do so, for example due to an imminent threat to the safety of life and
property.
(b) Before a safety zone, no anchoring area (NAA), or area to be
avoided (ATBA) is established, all factors detrimental to safety are
considered, including but not limited to:
(1) The scope and degree of the risk or hazard involved;
(2) Vessel traffic characteristics and trends, including traffic
volume, the sizes and types of vessels involved, potential interference
with the flow of commercial traffic, the presence of any unusual
cargoes, and other similar factors;
(3) Port and waterway configurations and variations in local
conditions of geography, climate and other similar factors;
(4) The need for granting exemptions for the installation and use
of equipment or devices for use with vessel traffic services for
certain classes of small vessels, such as self-propelled fishing
vessels and recreational vessels;
(5) The proximity of fishing grounds, oil and gas drilling and
production operations, or other potential or actual conflicting activity;
(6) Environmental factors;
(7) Economic impact and effects;
(8) Existing vessel traffic services; and
(9) Local practices and customs, including voluntary arrangements
and agreements within the maritime community.
(c) The Executive Branch, acting through the Secretary of State and
Commandant (G-P) proposes NAAs and ATBAs for deepwater ports to the
International Maritime Organization (IMO) for approval. The ATBAs will
be implemented after IMO approval is granted and announced in an IMO
Circular, and after publication of a notice in the Federal Register.

Sec. 150.920 How can I find notice of new or proposed safety zones?

In addition to documents published in the Federal Register under
Sec. 150.915, the District Commander may provide public notice of new
or proposed safety zones by Broadcast Notices to Mariners, Notices to
Mariners, Local Notices to Mariners, newspapers, broadcast stations, or
other means.

Sec. 150.925 How long may a safety zone, no anchoring area, or area
to be avoided remain in place?

A safety zone, no anchoring area, or area to be avoided may go into
effect as early as initial delivery of construction equipment and
materials to the deepwater port site, and may remain in place until the
deepwater port is removed.

Sec. 150.930 What datum is used for the geographic coordinates in
this subpart?

The geographic coordinates used in this subpart are not intended
for plotting on charts or maps using coordinates based on the North
American Datum of 1983 (NAD 83). If you use the geographic coordinates
in this subpart to plot on a chart or map referencing NAD 83, you must
make corrections as shown on the chart or map.

Sec. 150.940 Safety zones for specific deepwater ports.

(a) Louisiana Offshore Oil Port (LOOP):
(1) The location of the safety zone for LOOP is as described in
Table 150.940(A):

Table 150.940(A).--Safety Zone for LOOP, Gulf of Mexico
------------------------------------------------------------------------
Latitude N Longitude W
------------------------------------------------------------------------
(i) Starting at:
28[deg]55'23''........................ 90[deg]00'37''
(ii) A rhumb line to:
28[deg]53'50''........................ 90[deg]04'07''
(iii) Then an arc with a 4,465 meter
(4,883 yard) radius centered at the
port's pumping platform complex:
28[deg]53'06''........................ 90[deg]01'30''
(iv) To a point:
28[deg]51'07''........................ 90[deg]03'06''
(v) Then a rhumb line to:
28[deg]50'09''........................ 90[deg]02'24''
(vi) Then a rhumb line to:
28[deg]49'05''........................ 89[deg]55'54''
(vii) Then a rhumb line to:
28[deg]48'36''........................ 89[deg]55'00''
(viii) Then a rhumb line to:
28[deg]52'04''........................ 89[deg]52'42''
(ix) Then a rhumb line to:
28[deg]53'10''........................ 89[deg]53'42''
(x) Then a rhumb line to:
28[deg]54'52''........................ 89[deg]57'00''
(xi) Then a rhumb line to:
28[deg]54'52''........................ 89[deg]59'36''
(xii) Then an arc with a 4,465 meter
(4,883 yard) radius centered again at the
port's pumping platform complex;
(xiii) To the point of starting:
28[deg]55'23''........................ 90[deg]00'37''
------------------------------------------------------------------------

(2) The areas to be avoided within the safety zone are:
(i) The area encompassed within a circle having a 600 meter radius
around the port's pumping platform complex and centered at:

[[Page 57694]]

Latitude N Longitude W

28[deg]53'06'' 90[deg]-1'30''

(ii) The six areas encompassed within a circle having a 500 meter
radius around each single point mooring (SPM) at the port and centered
at:

Latitude N Longitude W

28[deg]54'12'' 90[deg]00'37''
28[deg]53'16'' 89[deg]59'59''
28[deg]52'15'' 90[deg]00'19''
28[deg]51'45'' 90[deg]01'25''
28[deg]52'08'' 90[deg]02'33''
28[deg]53'07'' 90[deg]03'02''

(3) The anchorage area within the safety zone is an area enclosed
by the rhumb lines joining points at:

Latitude N Longitude W

28[deg]52'21'' 89[deg]57'47''
28[deg]54'05'' 89[deg]56'38''
28[deg]52'04'' 89[deg]52'42''
28[deg]50'20'' 89[deg]53'51''
28[deg]52'21'' 89[deg]57'47''

(b) The Gulf Gateway Deepwater Port (GGDWP):
(1) Description. The GGDWP safety zone is centered at the following
coordinates: 28[deg]05'16'' N, 093[deg]03'07'' W. This safety zone,
encompassed within a circle having a 500 meter radius around the
primary component of the Gulf Gateway Deepwater Port, the submerged
loading turret (buoy) and the pipeline end manifold (STL/PLEM), is
located approximately 116 miles off the Louisiana coast at West Cameron
Area, South Addition Block 603 ``A''.
(i) A mandatory no anchoring area contained within a circle of
radius 1,500 meters centered on the following geographical position is
designated as a mandatory no anchoring area:

Latitude N Longitude W

28[deg]05'27'' 93[deg]03'12''

(ii) An area to be avoided within a circle of radius 2,000 meters
centered on the following geographical position is designated as an
area to be avoided:

Latitude N Longitude W

28[deg]05'27'' 93[deg]03'12''

(2) Regulations. Deepwater port support vessels desiring to enter
the safety zone must contact and obtain permission from the LNG
Regasification Vessel (LNGRV) stationed at the deepwater port. The
LNGRV can be contacted on VHF-FM Channel 13.

Dated: September 21, 2006.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention.
[FR Doc. 06-8274 Filed 9-25-06; 9:49 am]
BILLING CODE 4910-15-P

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