[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20844-20851]
[FR Doc No: 2014-08359]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 140, 141, 142, 143, 144, 145, 146, and 147

46 CFR Parts 10, 11, 12, 13, 14, and 15

[Docket No. USCG-2013-0175]
RIN 1625-AC10

Training of Personnel and Manning on Mobile Offshore Units and
Offshore Supply Vessels Engaged in U.S. Outer Continental Shelf
Activities

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering expanding its maritime safety
training requirements to cover all persons other than crew working on
offshore supply vessels (OSVs) and mobile offshore units (MOUs) engaged
in activities on the U.S. Outer Continental Shelf (OCS), regardless of
flag. This is necessary to enhance personnel preparedness for
responding to emergencies such as fire, personal injury, and abandon
ship situations in hazardous environments. We seek comments on the
following topics: the sufficiency of existing maritime safety training
and the value of additional maritime safety training for maritime crew
and persons other than crew on OSVs and MOUs; an MOU's safety
organizational structure (defining levels of authority and lines of
communication); the professional education and service requirements for
industrial officers on MOUs; the sufficiency of manning regulations on
MOUs and OSVs; and any available economic data on current labor market
trends and conditions as well as the current costs, benefits, and
effectiveness of mandated maritime safety training courses and programs
for maritime crew and persons other than crew.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before July 14, 2014
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0175 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this advance
notice of proposed rulemaking, call or email Mr. Gerald Miante,
Maritime Personnel Qualifications Division (CG-OES-1), U.S. Coast
Guard, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593;
telephone<PHONE_NUMBER>, or email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Ms.
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
    A. General
    B. Outer Continental Shelf Lands Act
    C. Coast Guard's Relationship to the Bureau of Safety and
Environmental Enforcement
    D. The BSEE's Safety Regulations
    E. Offshore Supply Vessels
    F. Mobile Offshore Drilling Units
    G. Manning
IV. Advance Notice of Proposed Rulemaking Discussion
    A. Maritime Safety Training for Persons Other Than Crew on
Offshore upply Vessels and Mobile Offshore Units
    B. Safety Organizational Structure
    C. Officers on Mobile Offshore Drilling Units
    D. Manning
V. Information Requested
    A. Maritime Safety Training for Persons Other Than Crew on
Offshore Supply Vessels and Mobile Offshore Units
    B. Safety Organizational Structure
    C. Officers on Mobile Offshore Drilling Units
    D. Manning
    E. Economic Data
    F. Regulatory Coordination With Other Federal Agencies

I. Public Participation and Request for Comments

    We encourage you to respond to this advance notice of proposed
rulemaking (ANPRM) by submitting comments and related materials. All
comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have
provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0175), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2013-0175'' in the ``Search'' box. Click on ``Submit a
Comment'' in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached

the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov
``USCG-2013-0175'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. If you do not have access to the
Internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the U.S. Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by searching for the name of the individual who
submitted the comment (or who signed the comment, if the comment was
submitted on behalf of an association, business, labor union, etc.).
You may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that a public meeting would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

II. Abbreviations

ANPRM Advance notice of proposed rulemaking
BCO Ballast control operator
BS Barge supervisor
BT Basic training
CFR Code of Federal Regulations
FLOATEL/ASV Floating hotel/accommodation service vessel
IMO International Maritime Organization
MOA Memorandum of Agreement
MODU Mobile offshore drilling unit
MOU Mobile offshore unit
OCS U.S. Outer Continental Shelf
OCSLA Outer Continental Shelf Lands Act
OIM Offshore installation manager
OSV Offshore supply vessel
SEMS Safety and Environmental Management System
PIC Person in charge
STCW International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
U.S.C. United States Code

III. Background

A. General

    The offshore mineral and oil industry on the U.S. Outer Continental
Shelf (OCS) expanded significantly in the last decade. With this
expansion, technological advancements moved operations further offshore
and into deeper water. Consequently, this extension of operations
limits the availability of emergency resources in both response time
and amount of assistance available. Today, more people and companies
are involved in exploration, drilling, production, anchor handling,
diving, oil spill response operations, and other such activities than
ever before.
    Recent incidents, including the explosion on, and subsequent
sinking of the mobile offshore drilling unit (MODU) \1\ DEEPWATER
HORIZON, highlight the need for maritime crew and persons other than
crew working on the OCS to better understand decision-making authority
and proper response actions in emergency situations,\2\ particularly
since a large number of the maritime crew and persons other than crew
work in hazardous conditions. Maritime crew are mariners who are
required by an Officer in Charge, Marine Inspection to be listed on a
vessel's Certificate of Inspection (46 CFR 15.501) or on another
administration's safe manning document. The ``maritime crew'' are the
Coast Guard-credentialed mariners who operate the vessel in accordance
with the Certificate of Inspection (Safe Manning Document), e.g.,
master, mate, engineer, deckhand, and able seaman. The maritime crew
may also include the offshore installation manager, barge supervisor,
and ballast control operator. Persons other than crew comprise all
other personnel who either ride on the vessel or work on the vessel,
(e.g., offshore worker, commercial diver, anchor handling personnel,
remotely operated vehicle (ROV) operator, oil-spill response worker,
industrial personnel who work on rigs, occasional specialty worker,
company personnel, and visitors).
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    \1\ A MODU is defined in 46 CFR 10.107(b).
    \2\ See an excerpt from the U.S. Coast Guard's Report of
Investigation into the Circumstances Surrounding the Explosion,
Fire, Sinking and Loss of Eleven Crew Members Aboard the MODU
DEEPWATER HORIZON in the GULF OF MEXICO, which found ``Certain crew
actions during the event itself indicated that Transocean's
emergency drills did not properly prepare the crew for a
simultaneous well control, fire, and abandon ship.'' The excerpt is
on p. 102 at https://homeport.uscg.mil/mycg/portal/ep/contentView.do?channelId=-18374&contentId=323899&programId=21431&programPage=%2Fep%2Fprogram%2Feditorial.jsp&pageTypeId=13489&contentType=EDITORIAL&BV_SessionID=@@@@1768583495.1392047223@@@@&BV_EngineID=ccccadfmfdfjmemcfngcfkmdfhfdfgo.0 OR you can locate the
report at Http://Homeport.uscg.mil Missions
Investigations Marine Casualty Reports
DEEPWATER HORIZON--FINAL REPORT.
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    On the day of the incident, the DEEPWATER HORIZON was drilling a
well that was 13,000 feet deep in approximately 5,000 feet of water. A
total of about 126 people, including the maritime crew and persons
other than crew were on board. There were 115 people aboard who
successfully evacuated and survived. However, 11 people were missing
and presumed dead, and 16 were injured.
    Further evidence shows the risk of hazardous incidents on mobile
offshore units (MOUs). (For the purposes of this ANPRM, an MOU means a
vessel that can be readily relocated, and is capable of performing an
industrial function that involves offshore operations other than those
traditionally provided by vessels covered by chapter I of the
International Convention for the Safety of Life at Sea, 1974 (SOLAS).)
\3\ In November 2012, the FLOATEL SUPERIOR evacuated 374 people due to
a damaged ballast tank. Damage was slight and allowed time for people
mustered at the lifeboat stations to be successfully evacuated by
helicopter. A more pressing and dangerous scenario could have led to
different, less favorable results.
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    \3\ See International Maritime Organization (IMO) Resolution
A.891(21), Recommendations on Training of Personnel on Mobile
Offshore Units (MOUs), (adopted November 25, 1999), February 4,
2000.
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    Current Coast Guard regulations require, at a minimum, the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended (STCW) basic safety
training for maritime crew working on the OCS. (See Section III. E.
Offshore Supply Vessels for STCW basic safety training requirements.)
    With this rulemaking, our goal is to enhance personnel preparedness
for persons other than crew (U.S. and foreign) when responding to
emergencies such as fire, personal injury, and abandon ship situations
in hazardous environments. Additionally, we seek to ensure that persons
other than crew receive basic maritime safety training on offshore
supply vessels (OSVs) and MOUs engaged in OCS activities,\4\ regardless
of flag, consistent

with the International Maritime Organization's (IMO) recommendations
for maritime safety training (see Section IV. Advance Notice of
Proposed Rulemaking Discussion). Further, we seek to ensure that this
training is standardized and transferrable from one vessel type to
another to avoid duplication of effort.
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    \4\ An OCS activity means any offshore activity associated with
exploration for, or development or production of, the minerals of
the Outer Continental Shelf (33 CFR 140.10).
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B. Outer Continental Shelf Lands Act

    Under the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C.
1331-1356a), the Coast Guard is responsible for developing and
implementing regulations to protect the safety of life, property, and
the environment on OCS installations, vessels, and units engaged in OCS
activities, including the regulation of workplace safety and health.\5\
Chapter I, subchapter N of Title 33 of the Code of Federal Regulations
(CFR) contains regulations pertaining to OCS facilities, vessels, and
other units engaged in OCS activities, which are intended to promote
workplace safety and health.
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    \5\ See 43 U.S.C. 1347(c).
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C. Coast Guard's Relationship to the Bureau of Safety and Environmental
Enforcement

    The Department of the Interior's Bureau of Safety and Environmental
Enforcement (BSEE) has authority under OCSLA \6\ to regulate oil, gas,
and sulphur exploration, development, and production operations on the
OCS. The Coast Guard closely coordinates with the BSEE on shared
jurisdiction and coordination of activities related to OCS facilities
and units in order to minimize duplication of effort and to aid both
agencies in the successful completion of their assigned missions and
responsibilities. The Coast Guard and the BSEE use a Memorandum of
Understanding and Memoranda of Agreement to coordinate consistency of
regulations and policies where shared responsibilities exist and to
provide each other relevant information for review and comment
throughout the regulatory and policy development process.\7\
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    \6\ See 43 U.S.C. 1334.
    \7\ BSEE-USCG Memorandum of Understanding and Memoranda of
Agreements are publicly available (at http://www.bsee.gov/BSEE-Newsroom/Publications-Library/Interagency-Agreements/).
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D. The BSEE's Safety Regulations

    The BSEE requires all OCS lessees or their designated operators to
develop, implement, and maintain a Safety and Environmental Management
System (SEMS) program (see 30 CFR 250, subpart S). The SEMS program is
intended to be a nontraditional, performance-focused tool for
integrating and managing offshore operations. The goal of the SEMS
program \8\ is to ``promote safety and environmental protection by
ensuring all personnel on a facility'' comply with the policies and
procedures in the SEMS plan. The BSEE describes the scope of its
jurisdiction by using the term ``facility,'' which encompasses MODUs,
installations, and devices that are permanently or temporarily attached
to the seabed.\9\ The SEMS regulations require that the SEMS program
establish and implement a training program so that all personnel are
trained in accordance with their duties and responsibilities to work
safely and are aware of potential environmental impacts.\10\ The SEMS
regulations also require that all personnel be trained to competently
perform their assigned well control, deepwater well control, and
production safety duties.\11\ The SEMS regulations also address
operating procedures, safe work practices, and emergency response and
control measures.\12\
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    \8\ See 30 CFR 250.1901.
    \9\ See 30 CFR 250.105.
    \10\ See 30 CFR 250.1915.
    \11\ See 30 CFR part 250.
    \12\ See 30 CFR 250.1915.
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    Both the BSEE and the Coast Guard have authority to regulate MODUs.
The agencies entered into a Memorandum of Agreement (BSEE/USCG MOA:
OCS-08, effective on June 4, 2013) to identify each agency's
responsibility for regulation, inspection, and oversight of systems and
sub-systems on MODUs.\13\ Annex 1 of the MOA designates the Coast Guard
as the lead agency for regulatory oversight in certain areas. The areas
applicable to this ANPRM are: 10.a through e (Fire Protection); 15.a
and b (Pollution Prevention); 18 (Life Saving Equipment); 22.g (Drills-
fire, abandon, and lifeboat); and 22.k (Inspection and testing of
marine and lifesaving equipment). The Coast Guard's consideration of
maritime safety training requirements are in the areas of
familiarization, personal survival, fire prevention and fire fighting,
elementary first aid, and personal safety and social responsibilities.
Since the BSEE SEMS requirements do not apply to these areas, there
will be no duplication between the maritime safety training
requirements we are considering in this ANPRM and the BSEE SEMS
regulations. There will also be no duplication of requirements with
regards to OSVs because the BSEE does not have jurisdiction to regulate
personnel working on this type of vessel.
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    \13\ See footnote 7 for availability of the BSEE/USCG MOU and
MOAs.
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E. Offshore Supply Vessels

    Offshore supply vessels serve a variety of functions in support of
the exploration, exploitation, or production of offshore mineral or
energy resources, which may include carrying offshore goods and
supplies; handling anchors and mooring equipment; or delivering excess
fuel to oil production facilities. They also perform other support
functions such as serving as floating hotels/accommodation service
vessels (FLOATELs/ASVs) that provide sleeping, dining, and recreational
quarters for persons other than crew who must remain close to a
drilling or mineral production unit and for whom quarters are not
available on the drilling or production unit.
    Developments in the U.S. offshore industry created demand for
larger OSVs than allowed in the past. As previously pointed out, the
U.S. offshore industry became more complex over time. Consequently,
there is greater demand for larger, multi-purpose OSVs that are capable
of: (1) Operating at greater distances from shore and for more extended
periods using larger and more advanced propulsion or machinery systems;
(2) carrying more cargo and more people on board; and (3) serving as a
platform for specialized services related to the exploration,
exploitation, and completion of sub-sea resources. Until recently,
however, a statute limited the size of OSVs to less than 500 gross
register tons as measured under 46 U.S.C. 14502, or to an alternate
tonnage established as 6,000 gross tonnage as measured under 46 U.S.C.
14302. In response, Congress removed the size limit on OSVs in 2010
(see Pub. L. 111-281, section 617(a)). Modifications to existing OSV
regulations to safely increase the size of OSVs are being developed to
address hazards associated with larger vessels carrying more cargo and
personnel, including regulations pertaining to mariner training.\14\
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    \14\ Additional regulatory changes to address safety concerns of
larger OSVs are being developed by the Coast Guard under a separate
rulemaking (see RIN 1625-AB62 at www.reginfo.gov).
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    Existing regulations require maritime crew operating on U.S.-
flagged OSVs to be credentialed and comply with the STCW's basic safety
training as required in 46 CFR parts 11 and 12. This training includes:
(1) Personal survival techniques, (2) fire prevention and firefighting,
(3) elementary first aid, and (4) personal safety and social

responsibilities, as set out in section A-VI/1 of the STCW Code.\15\
Maritime crew on foreign-flagged OSVs are credentialed under the laws
of the flag state and also receive basic safety training in accordance
with the STCW.
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    \15\ See International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended.
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    Coast Guard regulations require safety orientation for offshore
workers on board U.S.-flagged OSVs as found in 46 CFR 131.320. These
requirements were originally intended for offshore workers in transit
from a shore-based staging area to the OSV. However, the role of the
OSV has expanded to serve as a base of operations for other offshore
activities, such as diving, ROV operations and seismic surveys. Persons
other than crew involved in these operations work and live aboard these
vessels during the entire activity and are not transient workers, as
the current regulations were designed to protect. Section 131.320
currently requires that the Master inform persons other than crew of
certain basic safety information including, but not limited to,
emergency and evacuation procedures; locations of emergency exits;
embarkation areas for survival craft; and storage areas for lifejackets
and immersion suits, along with instructions on how to don and adjust
the jackets and suits. Such safety orientation must also include
information on the types and locations of any other lifesaving
device(s) carried on the vessel, the location and contents of safety
placards, as well as any conditions or circumstances that constitute a
risk to safety. This training is not equivalent to the STCW's basic
safety training requirements; therefore, we seek to broaden maritime
safety training requirements for transient offshore workers as well as
for persons other than crew working on U.S. OSVs engaged in activities
on the OCS. We are also considering making these requirements
applicable to all persons other than crew working on foreign-flagged
OSVs engaged in activities on the OCS. Our goal is to enhance personnel
preparedness for responding to emergencies such as fire, personal
injury, and abandon ship situations in hazardous environments,
regardless of flag.

F. Mobile Offshore Drilling Units

    MODUs are a particular type of MOU. Some MODUs are self-propelled
and certified to navigate independently, while others rely on
arrangements of intricate anchoring systems for the purpose of holding
the unit on station. Maritime crew and persons other than crew
typically work in 12-hour shifts in very physically demanding and
especially dangerous conditions. Drilling operations can be extremely
complex and can expose these workers to a potentially combustible and
hazardous atmosphere because of the presence of oil, gas, drilling mud,
and cement. Given such prevalent conditions, it is critical that all
maritime crew and persons other than crew receive adequate maritime
safety training.
    Regulations for the credentialing and required STCW basic safety
training of maritime crew are in 46 CFR parts 11 and 12. The Coast
Guard issues officer endorsements for three categories of industrial
officers who work on U.S.-flagged MODUs. These are the offshore
installation manager (OIM), barge supervisor (BS), and ballast control
operator (BCO).\16\ Regulations for training and sea service
requirements for the OIM, BS, and BCO are found in 46 CFR 11.470,
11.472, and 11.474, respectively. Depending on the type of unit the
three categories of industrial officers are working on these officers
may also hold a maritime credential as a Master or Chief Mate, which
would subject them to compliance with the STCW basic safety training
requirements. Coast Guard regulations contained in Sec. Sec.  11.470,
11.472, and 11.474 require some safety-related training courses for
these three categories of industrial officers, which include well
control/blowout prevention for the OIM, as well as survival suits/
survival craft, and firefighting training for all three categories of
industrial officers. However, the training in Sec. Sec.  11.470,
11.472, and 11.474 is not equivalent to the STCW's basic safety
training requirements for maritime crew.
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    \16\ OIM, BS, and BCO are defined in 46 CFR 10.107(b).
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    The Coast Guard's regulations for the safety orientation of
maritime crew and industrial workers working aboard U.S.-flagged MODUs
are in 46 CFR 109.213. (``Industrial workers'' are considered persons
other than crew in this ANPRM.) These regulations require emergency
training and drills. Training manuals or audiovisual media that
describe abandonment of the unit must be available to all maritime crew
and industrial workers on board. Each maritime crew and industrial
worker on board must also be assigned and become familiar with his/her
emergency duties before working on the unit. Drills and instructions
must be conducted for abandonment, fire, and line-throwing apparatus.
Additional training under 46 CFR 109.213 on survival skills is required
for ``persons with designated responsibility for the survival of
others'' beyond what is required for ``persons without designated
responsibility for the survival of others.''
    The STCW's basic safety training regulations do not apply to
industrial officers without maritime credentials. These same
regulations also do not apply to industrial workers. The safety-related
training requirements in 46 CFR 11.470, 11.472, and 11.474 and 109.13
are not equivalent to the STCW basic safety training; therefore, we
seek to expand maritime safety training for industrial officers and
industrial workers working on U.S. MODUs. We are also considering
making these requirements applicable to all persons other than crew
working on foreign-flagged MODUs. Our goal is to enhance personnel
preparedness for responding to emergencies such as fire, personal
injury, and abandon ship situations in hazardous environments,
regardless of flag.

G. Manning

    The cognizant Officer in Charge, Marine Inspection sets the manning
requirements for the maritime crew on a specific MODU in accordance
with 46 CFR 15.520, or on an OSV based on the regulations in 46 CFR
15.705. Before issuing a safe manning document in the form of a
Certificate of Inspection, the Officer in Charge, Marine Inspection
usually consults with the vessel's owner/operator, applies
headquarters' policy as well the district's policy, if any, and he or
she takes into consideration the purpose of the vessel and its mode and
area of operation.

IV. Advance Notice of Proposed Rulemaking Discussion

A. Maritime Safety Training for Persons Other Than Crew on Offshore
Supply Vessels and Mobile Offshore Units

    New regulatory standards and amendments to existing requirements on
maritime safety training for persons other than crew are needed to
ensure consistency in safety, efficiency, and environmentally conscious
practices. Once finalized, the maritime safety training regulations
would produce a standard that would be applicable to persons other than
crew on all OSVs and MOUs engaged in OCS activities, regardless of
flag.
    The Coast Guard reviewed IMO Resolution A.891(21), titled
``Recommendations on Training of Personnel on Mobile Offshore Units
(MOUs),'' which provides an international standard for maritime

safety training on MOUs. We considered certain provisions of this
resolution as a source in guiding our preliminary thoughts regarding
potential regulations for maritime safety training standards, and we
seek comments on them. We developed a table that adopts certain
provisions from the resolution using categories based on personnel
type, and the recommended type of maritime safety training courses and/
or programs. Levels of training are commensurate with the duties and
responsibilities borne by each individual as noted in Table 1. The
table categories are: (A) Visitors and persons other than crew who are
not regularly assigned, but are on board for a limited time and have no
tasks in relation to normal operations of the unit; (B) persons other
than crew without designated responsibility for the safety and survival
of others; (C) regularly assigned persons other than crew with
designated responsibility for the safety and survival of others; and
(D) maritime crew.
    The Coast Guard particularly seeks industry comment on the need for
additional maritime safety training, such as crowd management, crisis
management and human behavior, specialized on-the-job training, or
structured courses and/or programs that might be necessary, but are not
otherwise mentioned in this ANPRM.

B. Safety Organizational Structure

    In order to ensure that any subsequent proposed rule includes
appropriate requirements, a key purpose of this ANPRM is to encourage
comments that will identify the safety organizational structure of
MOUs. A safety organizational structure includes the responsibilities,
authorities, and relationships through which the MOU performs its
activities. The organizational structure may be an integral part of a
company's management system. Because of the differences between
companies, the Coast Guard encourages commenters to describe the
responsibilities of individuals with regard to safety matters, as well
as the communication mechanisms that (1) promote cooperation between
the maritime crew and persons other than crew, (2) ensure a successful
response to any emergency on board MOUs, and (3) ensure that people in
the relevant capacities are available to perform their safety
responsibilities.
    The Coast Guard seeks information on the particular protocol for
designating a unit's OIM and for assigning overall final decision-
making and well control authority in case of a maritime emergency, such
as a blowout, explosion, fire, or unit abandonment. The Coast Guard is
especially looking for examples of how companies operating self-
propelled MODUs define the levels of authority and lines of
communication within the unit (e.g., Master and OIM) and between
shoreside and unit personnel.
    We seek information on how safety and industrial operations are
currently practiced, the order of precedence given to organizational
responsibilities, and the measures taken to maintain the safety of the
unit and personnel. We would like to determine whether the Master
working on a self-propelled unit, including a MODU, is responsible and
in charge, without constraints by the unit owner or operator, of the
response to an emergency. We also seek to determine whether the OIM or
an equivalent industrial officer working on a non-self-propelled unit,
including a MODU, is responsible for the unit without constraints by
the unit owner or operator on the response to an emergency. Further,
the Coast Guard seeks information on any potential conflicts that may
exist between the Master and the OIM, as well as conflicts between any
other organizational structural positions onboard the unit or on shore.

C. Officers on Mobile Offshore Drilling Units

    The Coast Guard requests that commenters identify the duties and
responsibilities of the OIM, the BS, and the BCO, including their
responsibilities during emergency situations. We are asking for comment
on the sufficiency of these industrial officers' endorsement
requirements and the possible need to adjust the training and service
provisions.
    We also seek information on any current method or program for
training a person holding an unlimited Master's endorsement to prepare
them to obtain an OIM endorsement. This includes suggestions on
academic degrees, in addition to engineering degrees and sea service
requirements, or other creditable experience in lieu of those expressly
stated in 46 CFR 11.470. We welcome suggestions regarding the
application of credit toward the OIM requirements for any training
courses or programs received while obtaining a Master's endorsement
(e.g., firefighting, stability, and survival suit training) and ask for
data on the number of OIMs currently holding a Master's endorsement.
    The subjects that will appear on an examination for obtaining a
U.S. credential with OIM, BS, and BCO MODU endorsements are specified
in 46 CFR 11.920. Similarly, the Coast Guard requests comments about
whether these subjects are still relevant and if any should be deleted
from, or added to this section of the regulations.

D. Manning

    Emerging technology and the expanded practice of using MOUs and
OSVs as multipurpose units and vessels point to the possible need to
re-assess the Coast Guard's manning principles. As MODUs become
increasingly larger in design and operations and are navigated in
deeper waters farther from shore, the Coast Guard is concerned about
whether there should be additional engineers and mates assigned to
these vessels. Also, we ask several open-ended questions in the section
that follows in this ANPRM to give individuals in industry a chance to
offer their specific views on any manning issue. The Coast Guard seeks
comments regarding how current regulations serve industry and if there
are any suggestions or concerns with current manning standards, whether
they are related to the normal service or particular to the multiple
uses of these units or vessels. We also ask several MODU-specific
questions regarding certain industrial officers and one question
regarding ice pilots.

V. Information Requested

    The Coast Guard seeks comment from the public on a variety of OSV
and MOU standards.
    We have organized the discussion into the following five sections:
A. Maritime Safety Training for Persons Other than Crew on Offshore
Supply Vessels and Mobile Offshore Units; B. Safety Organizational
Structure; C. Officers on Mobile Offshore Drilling Units; D. Manning;
E. Economic Data; and F. Regulatory Coordination with Other Federal
Agencies. Public responses to these questions will help the Coast Guard
develop a more complete and carefully drafted rulemaking. Please
support your comment with quantitative data where possible, and include
sources and complete citations for any data. The questions are neither
all-inclusive, nor are responses to all questions necessary. Any
supplemental information regarding the topics that follow is welcome.
As you respond to a question, PLEASE INDICATE THE SPECIFIC NUMBER OF
THE QUESTION YOU ARE ADDRESSING.

A. Maritime Safety Training for Persons Other Than Crew on Offshore
Supply Vessels and Mobile Offshore Units

    Information in Table 1 was extrapolated from the recommended

training in IMO Resolution A.891(21). (For a full description of the
table, see section IV.A. of this ANPRM.) We request comments on the
levels of training for three categories of personnel (A, B, and C) \17\
listed in the table. Please indicate the specific number of the
question you are addressing.
---------------------------------------------------------------------------

    \17\ Category D--we are not seeking information for this
category because existing Coast Guard regulations contain training
requirements for maritime crew.

                 Table 1--Maritime Safety Training for Persons Other Than Crew on the U.S. OCS*
----------------------------------------------------------------------------------------------------------------
                                                 Type of worker
-----------------------------------------------------------------------------------------------------------------
            Category A                     Category B                Category C                Category D
----------------------------------------------------------------------------------------------------------------
Visitors and persons other than    Other persons other than   Regularly assigned        Maritime crew members.
 crew not regularly assigned who    crew without designated    persons other than crew
 are on board for a limited         responsibility for the     with designated
 period of time, in general not     safety and survival of     responsibility for the
 exceeding 3 days, and have no      others.                    safety and survival of
 tasks in relation to normal                                   others.
 operations of the unit.
----------------------------------------------------------------------------------------------------------------
                                                    Training
----------------------------------------------------------------------------------------------------------------
Training in offshore orientation;  Training in offshore       Training in offshore      Training in offshore
 familiarization training or        orientation;               orientation;              orientation;
 sufficient information and         familiarization training   familiarization           familiarization
 instruction in personal survival   or sufficient              training or sufficient    training or sufficient
 techniques and workplace safety.   information and            information and           information and
                                    instruction in personal    instruction in personal   instruction in personal
                                    survival techniques and    survival techniques and   survival techniques and
                                    workplace safety.          workplace safety.         workplace safety.
                                   Training in personal       Training in personal      Training in personal
                                    survival, fire             survival, fire            survival, fire
                                    prevention and fire-       prevention and fire-      prevention and fire-
                                    fighting, elementary       fighting, elementary      fighting, elementary
                                    first aid, personal        first aid, personal       first aid, personal
                                    safety and social          safety and social         safety and social
                                    responsibilities (as set   responsibilities (as      responsibilities (BT in
                                    out in tables 5.3.1 to     set out in tables 5.3.1   accordance with STCW
                                    5.3.5, basic training      to 5.3.5, BT of           Regulation VI/1).
                                    (BT) of Resolution         Resolution A.891).
                                    A.891).
                                                              Additional training in    Additional training in
                                                               accordance with their     accordance with their
                                                               duties and                duties and
                                                               responsibilities--STCW    responsibilities--STCW
                                                               training in survival      training in survival
                                                               craft and rescue boats,   craft and rescue boats,
                                                               fast rescue boats, adv.   fast rescue boats, adv.
                                                               fire-fighting, and        fire-fighting, and
                                                               medical first aid.        medical first aid [PIC
                                                               [Person in charge (PIC)   medical care; if
                                                               medical care, if          assigned].
                                                               assigned].
                                                              Familiarization training  Familiarization training
                                                               on unit-specific          on unit-specific
                                                               equipment.                equipment.
----------------------------------------------------------------------------------------------------------------
* Note: This table is based on information found in IMO Resolution A.891(21).

    Q-A1. What kind of maritime safety training courses and/or programs
are currently afforded to persons other than crew on board MOUs and
OSVs? Is Table 1 (adapted from information in IMO Resolution A.891(21))
a good representation of the levels of training appropriate for the
categories of persons other than crew listed?
    Q-A2. What suggestions do you have regarding the inclusion or
modification of the personnel categories and relevant maritime safety
training in the table?
    Q-A3. Should any key maritime crew or persons other than crew on
board be required to take crowd management training, and crisis
management and human behavior training courses (similar to maritime
crew and persons other than crew on passenger vessels)? For what size
complement? For what type of vessel? How do existing FLOATELs/ASVs
ensure the safety of large numbers of embarked persons other than crew
in case of emergency?
    Q-A4. Is there any specialized safety training that should be
required on OSVs that is particular to the various functions these
vessels can perform?
    Q-A5. Have any incidents occurred involving individuals who had not
received safety training? If so, please describe the incident. Would
the outcome have changed had those individuals received safety
training? Why were they not trained?
    Q-A6. What types of safety drills should be required of every
person on an MOU?

B. Safety Organizational Structure

    The Coast Guard seeks to understand and requests information on a
unit's organizational structure as it pertains to safety, including the
levels of authority and lines of communication by which operations are
carried out, and the duties and responsibilities of the three
categories of industrial officers who are issued credentials by the
Coast Guard and direct the industrial work on board a MODU.
    Please provide information on the performance of drilling operation
emergency exercises and how these drills are performed safely,
including the number of offshore workers involved, the length and
frequency of the drills, the equipment needed and resources required.
    Also, the Coast Guard seeks information on the responsibilities of
persons other than crew on board OSVs serving as FLOATELs/ASVs with
regard to safety matters, and the communication mechanisms that promote
cooperation on board the vessel to ensure that people in the relevant
capacities are available to perform their safety responsibilities.
Please indicate the specific number of the question you are addressing.

    Q-B1. Who has the ultimate and final decision-making authority on
board a MODU or other MOU for industrial operations, marine operations,
and emergency response? If there is more than one person, how and when
is the decision-making authority transferred during an emergency? How
is this decision-making defined by unit type and operational status? Is
this practiced, and if so, how often and what resources are required?
    Q-B2. Who on board a MODU is responsible for well control and would
be the primary person to give the order to shut-in the well?
    Q-B3. Where is well control delegation found in a MODU's company
documentation?
    Q-B4. How do companies operating self-propelled MOUs define the
levels of authority and the lines of communication both within the
unit, and between shoreside and unit personnel?
    Q-B5. Should drilling operation/well control emergency drills and
vessel emergency evacuation drills on a MODU be performed and, if so,
what drills can be performed safely? What resources are required for
such drills?
    Q-B6. What are the responsibilities of the maritime crew toward
persons other than crew on board MOUs in case of an emergency?
    Q-B7. What are the responsibilities of persons other than crew on
MOUs in case of an emergency?

C. Officers on Mobile Offshore Drilling Units

    The Coast Guard seeks comments on the existing professional
education and service requirements of the OIM, the BS, and the BCO.
    Additionally, we seek comments on the possible need to create new
MODU-specific endorsements for ``Master (MODU)'' and ``Chief mate
(MODU)'' as well as the associated education, training, and knowledge
that industry feels is necessary. Please indicate the specific number
of the question you are addressing.
    Q-C1. What are the duties and responsibilities of an OIM?
    Q-C2. What are the duties and responsibilities of a BS?
    Q-C3. What are the duties and responsibilities of a BCO?
    Q-C4. Is the current structure of officer endorsement (licensing)
for MODUs still valid and does it cover the current and anticipated
future needs of the offshore drilling/production industry?
    Q-C5. Should the Coast Guard consider issuing a Master (MODU)-
specific endorsement? Is there need for a ``Chief mate (MODU)'' or
``Mate (MODU)'' endorsement?
    Q-C6. Referring to Q-C5, if the answer is yes, what practical/
theoretical knowledge requirements should be needed for each
endorsement (leading to the development of a possible course and/or
program)?
    Q-C7. Referring to Q-C5, what should be the service requirements
for each endorsement?
    Q-C8. Would a Master or Mate (unrestricted) necessarily have to
start over to comply with all the requirements of 46 CFR 11.470,
11.472, and 11.474, or would you recommend alternative training courses
and/or programs and experience criteria?
    Q-C9. What are your suggestions regarding the acceptance of
equivalencies of the education (degree), and individual course and/or
program requirements for:
    (a) An OIM (who holds an unlimited Master's officer endorsement);
and
    (b) A BS/BCO (who holds an unlimited Chief mate's officer
endorsement)?
    Q-C10. On a self-propelled U.S.-flagged MODU (other than a
drillship), is the Master with an OIM endorsement, required by 46 CFR
15.520(d), actually filling the position of the OIM or is another
person brought on board and assigned to serve as the OIM?
    Q-C11. Within your company, how many OIMs currently hold a Master's
endorsement?
    Q-C12. Is there a need for additional or alternative Coast Guard
credentialed positions aboard MODUs including, but not limited to,
crane operator, remotely operated vehicle operator, or maintenance
supervisor?

D. Manning

    The Coast Guard seeks comments regarding how current regulations
serve industry and if there are any suggestions or concerns with
current manning standards, whether they are related to the normal
service or particular to the multiple uses of these units or vessels.
We also ask several MODU-specific questions regarding certain
industrial officers and one question to elicit information on ice
pilots. Please indicate the specific number of the question you are
addressing.
    Q-D1. Should the Coast Guard require a Chief engineer aboard a
MODU? If so, how many assistant engineers should we require and what
would be the associated costs and benefits?
    Q-D2. Should the Coast Guard require a Chief mate aboard a MODU? If
so, how many additional mates should we require and what would be the
associated costs and benefits?
    Q-D3. Are there any other manning issues regarding both self-
propelled and non-self-propelled MOUs that industry recommends the
Coast Guard address?
    Q-D4. Are there any manning issues regarding OSVs that industry
recommends the Coast Guard address?
    Q-D5. Do you know if any U.S. licensed maritime crew has ice pilot
experience as a navigator in arctic waters, and if so, how many?
(Specifically, the U.S. licensed maritime crew's experience would
include monitoring and formulating strategies to guard against ice
floes.)

E. Economic Data

    Finally, the Coast Guard seeks any available economic data
regarding maritime crew and persons other than crew working on MOUs and
OSVs engaged in OCS activities on the OCS. We seek information on the
current labor market trends and conditions; current maritime safety
training courses the maritime crew are required to complete; and the
costs, benefits, and effectiveness of those training courses and/or
programs. Please indicate the specific number of the question you are
addressing.
    Q-E1. What data or information exists that the Coast Guard could
use to estimate the number of U.S. maritime crew and U.S. persons other
than crew per U.S. flagged MOU and OSV, and the average number of
maritime crew and persons other than crew per foreign-flagged MOU and
OSV? Similarly, are there any sources documenting the number of MOUs
(both U.S. and foreign-flagged) by unit types (e.g., accommodation
units, crane units, construction and maintenance units, drilling
tenders, pipe and cable laying units, wind turbine installation units,
and maintenance and repair units)?
    Q-E2. What are the current labor market trends and conditions for
U.S. and non-U.S. maritime crew and persons other than crew working on
MOUs and OSVs? Specifically, are there any current or projected
shortages of qualified maritime crew and persons other than crew on
MOUs and OSVs? Also, are current wages and total compensation for the
maritime crew and persons other than crew working on MOUs and OSVs
competitive with the rest of the oil, gas, and marine industries?
    Q-E3. Do you provide training similar to that described in Table 1?
What are the costs associated with current training courses and/or
program requirements for U.S. and non-U.S. maritime crew as well as
U.S. and non-U.S. persons other than crew working on MOUs and OSVs? How
long does

this training take? Also, is there any data or information that could
be used to estimate the costs of these maritime safety training courses
and/or programs? Is it conducted on board by maritime crew or by
outside resources? Who pays for the maritime safety training courses
and/or programs--the maritime crew/persons other than crew, or his/her
employer? How many maritime crew/persons other than crew are trained
per year? What is the cost of training? Please list your answers in
Table 2. (When answering the question, refer to Table 1-Maritime Safety
Training for Persons Other than Crew on the U.S. OCS.)

                        Table 2--Costs Associated With Current Training Courses/Programs
----------------------------------------------------------------------------------------------------------------
                                                Category A              Category B              Category C
----------------------------------------------------------------------------------------------------------------
Do you provide training similar to that  .......................  ......................  ......................
 described in Table 1?
What are the costs associated with       .......................  ......................  ......................
 current training courses and/or
 program requirements for U.S. and non-
 U.S. maritime crew and U.S. and non-
 U.S. persons other than crew working
 on MOUs and OSVs?
How long does this training take?        .......................  ......................  ......................
Also, is there any data or information   .......................  ......................  ......................
 that could be used to estimate the
 costs of these maritime safety
 training courses and/or programs?
Is it conducted on board by maritime     .......................  ......................  ......................
 crew or by outside resources?
Who pays for the maritime safety         .......................  ......................  ......................
 training courses and/or programs--the
 maritime crew/persons other than crew,
 or his/her employer?
How many maritime crew/persons other     .......................  ......................  ......................
 than crew are trained per year?
What is the cost of the training?        .......................  ......................  ......................
----------------------------------------------------------------------------------------------------------------

    Q-E4. What are the kinds of beneficial impacts from safety
training? Are there sources of data or information documenting the
benefits or avoided costs, which may result from the maritime safety
training courses and/or programs that are currently required of the
maritime crew and persons other than crew who work on MOUs and OSVs?
    Q-E5. How effective are these maritime safety training courses and/
or program requirements in terms of reducing fatalities, injuries, and
property damage on MOUs and OSVs? Please provide examples of situations
in which safety training may have been effective in mitigating the
impacts of emergency situations.

F. Regulatory Coordination With Other Federal Agencies

    The Coast Guard is also interested in ways to streamline safety
training for persons other than crew on OSVs and MOUs with the
requirements of other Federal agencies. We are seeking comment on
specific aspects where there may be opportunities to improve
coordination.
    Q-F1. What opportunities exist for increased regulatory efficiency
and harmonization of maritime safety training requirements among
Federal agencies?

    Dated: April 6, 2014.
Robert J. Papp Jr.,
Commandant, U.S. Coast Guard.
[FR Doc. 2014-08359 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Notices]
[Page 61632]
[DOCID:fr31oc07-57]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 271-107]

Entergy Arkansas, Inc.; Notice of Application for Non-Project Use
of Project Lands and Soliciting Comments, Motions To Intervene, and
Protests

October 24, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No.: 271-107.
    c. Date Filed: October 11, 2007.
    d. Applicant: Entergy Arkansas, Inc.
    e. Name of Project: Carpenter-Remmel Project.
    f. Location: On the Quachita River, in Hot Springs and Garland
Counties, Arkansas. The project occupies 34.3 of U.S. Army Corps of
Engineer lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Blake Hogue, Hydro Operations, Entergy
Arkansas, Inc., 141 West County Line Road, Alvern, AR 72104, (501) 844-
2197.
    i. FERC Contact: Any questions on this notice should be addressed
to Gina Krump, Telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments, motions to intervene, and protest:
November 26, 2007.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Entergy Arkansas, Inc. (Entergy) is
seeking Commission approval to issue a permit to K&S Development
Company for the construction of seven docks, totaling 28 slips and up
to 500 feet of riprap along the shoreline within the Kelly Creek area
of Lake Hamilton. The proposed facilities would serve the residents of
a condominium development (Lakeside Gardens) located outside the
project boundary. Minimal excavation and ground disturbance is
proposed. All proposed work is consistent with Entergy's shoreline
management plan and permitting guidelines.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to

be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-21387 Filed 10-30-07; 8:45 am]

BILLING CODE 6717-01-P