[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Rules and Regulations]
[Pages 2254-2263]
[FR Doc No: 2011-569]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 146

[Docket No. USCG-2008-1088]
RIN 1625-AB28

Notice of Arrival on the Outer Continental Shelf

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard revises its regulations on Outer Continental
Shelf (OCS) Activities to enhance maritime domain safety and security
awareness on the OCS by issuing regulations which will require notice
of arrival for floating facilities, mobile offshore drilling units
(MODUs), and vessels planning to engage in OCS activities. This final
rule implements provisions of the Security and Accountability for Every
Port Act of 2006 and increases overall maritime domain awareness by
requiring owners or operators of United States and foreign flag
floating facilities, MODUs, and vessels to submit notice of arrival
information to the National Vessel Movement Center prior to engaging in
OCS activities.

DATES: This final rule is effective February 14, 2011.

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-2008-1088 and are available for inspection or
copying at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2008-1088 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Kevin Pekarek, Vessel and Facility Operating
Standards Division (CG-5222), Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BOEMRE Bureau of Ocean Energy Management, Regulation and Enforcement.
CFR Code of Federal Regulations.
DHS Department of Homeland Security.
FR Federal Register.
ISM International Safety Management.
ISSC International Ship Security Certificate.
MMS Minerals Management Service.
MODU Mobile Offshore Drilling Unit.
NAICS North American Industry Classification System.
NOA Notice of Arrival.
NOA OCS Notice of Arrival on the Outer Continental Shelf.
NPRM Notice of Proposed Rulemaking.
NTTAA National Technology Transfer and Advancement Act, 15 U.S.C. 272
note.
NVMC National Vessel Movement Center.
OCS Outer Continental Shelf.
OCSLA Outer Continental Shelf Lands Act.
OIRA Office of Information and Regulatory Affairs.
OMB Office of Management and Budget.
RFA Regulatory Flexibility Act, 5 U.S.C. 601-612.
SAFE Port Act Security and Accountability for Every Port Act of 2006,
Pub. L. 109-347, 120 Stat. 1884 (2006).
U.S.C. United States Code.
U.S.C.A. United States Code Annotated.

II. Regulatory History

    On June 22, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Notice of Arrival (NOA) on the Outer Continental Shelf
in the Federal Register (74 FR 29439). We received two sets of comments
on the proposed rule prior to the close of the comment period. One
additional set of comments was received after the close of the

comment period, responding to comments submitted earlier. No public
meeting was requested and none was held.

III. Basis and Purpose

    Congress and the President enacted the Security and Accountability
for Every Port Act of 2006 (SAFE Port Act), Public Law 109-347, 120
Stat. 1884, on October 13, 2006. This rule is in response to Section
109 of the SAFE Port Act,\1\ which requires publication, within 180
days of enactment, of regulations that ``update and finalize'' NOA
procedures for foreign vessels \2\ on the OCS. As required by the SAFE
Port Act, this final rule makes our regulations ``consistent with
information required under the Notice of Arrival Sec.  160.206 of title
33, Code of Federal Regulations as in effect on the date of enactment
of the Act.'' It adds NOA requirements for foreign vessels on the OCS.
It also extends those requirements to U.S. floating facilities, MODUs,
and vessels arriving on, and engaging in, OCS activities from foreign
ports or places, and moving from one OCS block area to another. In
addition to implementing the SAFE Port Act and expanding NOA
requirements, this rule enhances security by requiring U.S. and foreign
vessels, floating facilities, and MODUs arriving on and engaging in OCS
activities to report their arrival times and locations and information
regarding the vessels, voyage, cargo, and crew. Such information is
critical to maritime domain safety and security awareness and will
enable the Coast Guard to more effectively prevent or respond to a
safety or security concern on the OCS.
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    \1\ 33 U.S.C. 1223 note (West 2009).
    \2\ As defined in 1 U.S.C. 3 (and reiterated in part 140 of this
subchapter) a vessel is ``every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water.'' This definition includes those units we
propose to regulate with this rulemaking (i.e., floating facilities,
MODUs, and vessels engaging in OCS activities).
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IV. Background

    The legislative history for the SAFE Port Act relating to the
``update and finalize'' language found in section 109 provides no
specific direction for implementing that section. The Senate version of
the bill contains the section 109 provisions, and the House of
Representatives bill does not. The Congressional record does not
otherwise elucidate the requirement. The House of Representatives
Conference Report reveals only that both houses of Congress adopted
section 109 without additional discussion.\3\
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    \3\ H.R. 4954, 152nd Cong. (2006).
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Other Coast Guard NOA OCS Regulations, 33 CFR 146.202

    The Coast Guard does, however, have existing OCS NOA regulations,
which cover only MODUs. These were established on March 4, 1982, as
part of a final rule entitled, Outer Continental Shelf Activities (47
FR 9366). The Outer Continental Shelf Activities rule was in response
to enactment of the Outer Continental Shelf Lands Act Amendments of
1978 and impacted requirements for design, equipment, operations,
manning, inspections, and investigations for facilities, vessels, and
other units (domestic and foreign) engaged in OCS activities.
    However, the rule also had provisions specifically regarding MODUs.
Those provisions ensured that foreign MODUs operating on the OCS meet
the manning and safety standards comparable to those met by U.S. MODUs.
A provision of that rule, 33 CFR 146.202, specifically addresses NOA
and relocation of any MODU on the OCS. That section provides that an
owner of any MODU engaged in OCS activities must, 14 days before
arrival of the MODU on the OCS or as soon thereafter as practicable,
notify the District Commander for the area in which the MODU will
operate of: (1) The MODU's name, nationality, and designation assigned
for identification under 30 CFR 250.37; (2) the location and year that
the MODU was built; (3) the name and address of the owner, and the
owner's local representative, if any; (4) classification or inspection
certificates currently held by the MODU; (5) the location and date that
operations are expected to commence, and their anticipated duration;
and (6) the location and date that the MODU will be available and ready
for inspection by the Coast Guard. In addition, once a MODU is located
on the OCS, the owner must notify the District Commander before
relocating the MODU. The purpose of 33 CFR 146.202 is to assist
District Commanders in gathering information on MODUs prior to
inspection of those units.

Consistency With 33 CFR 160.206

    The Coast Guard also has recently updated NOA rules. In response to
the terrorist attacks of September 11, 2001, the Coast Guard published,
on February 28, 2003, the final rule entitled Notification of Arrival
in U.S. Ports (68 FR 9537). The rule enhanced notification of arrival
and departure requirements for U.S. and foreign vessels bound for, or
departing from, ports or places in the United States. The rule also
increased, from 24 hours to 96 hours, the advance notice a vessel must
submit to the National Vessel Movement Center (NVMC); described the
timeframes for updating an NOA; and added more information to the list
of items that must be submitted, as part of the NOA, to the NVMC.
Pursuant to that rule, specifically 33 CFR 160.206, the information
items submitted to the NVMC include: Vessel information; voyage
information; cargo information; information for each crewmember
onboard; information for each person onboard in addition to the crew;
operational condition of equipment; International Safety Management
(ISM) code notice; Cargo Declaration; and International Ship and Port
Facility code (ISPS) notice. The Coast Guard collects this information
to ensure, to the extent practicable, public safety, security, and the
uninterrupted flow of commerce.

Coast Guard Action

    After considering section 109 of the SAFE Port Act and current NOA
rules, the Coast Guard has determined that section 109 of the SAFE Port
Act requires finalizing NOA OCS rules by adding to those requirements
found at Sec.  146.202 for MODUs. This new final rule is designed to be
consistent with the NOA requirements of Sec.  160.206 for vessels bound
for, or departing from, ports, or places in the United States.
    This rulemaking is intended to comply with the section 109 mandate.
It also extends those NOA OCS requirements to U.S floating facilities,
MODUs, and vessels (arriving on, and engaging in, OCS activities from
foreign ports or places) under the authority of the Outer Continental
Shelf Lands Act, 43 U.S.C. 1356 (2007), and the Ports and Waterways
Safety Act, 33 U.S.C. 1226 (2007). Extending the NOA OCS requirements
is essential for overall maritime domain safety and security awareness.
Moreover, obtaining knowledge of all individuals, floating facilities,
MODUs, and vessels engaging in OCS activities will better equip the
Coast Guard to prevent and respond to a safety or security incident on
the OCS. If the Coast Guard receives specific threat information for an
area, the knowledge obtained from these requirements will enable it to
know who is in the area, what they are doing, and how to contact them.
In addition, if a floating facility, MODU, or vessel has an incident,
the Coast Guard will be able to use this knowledge to better assess the
potential impacts of the event, respond to it, and seek additional
assistance in that or a nearby area when needed.

V. Discussion of Comments and Changes

    The Coast Guard received two sets of comments from trade
associations in response to the NPRM. The Coast Guard considered all
comments filed. Below, we discuss in detail the public comments
addressing issues raised in the NPRM and our responses to those
comments.

1. Definition of ``OCS Activity'' and the Energy Policy Act

    Two separate commenters suggested that the definition of ``OCS
activity,'' as used in the rule, be revised in light of amendments to
the Outer Continental Shelf Lands Act (OCSLA), particularly those
amendments created by Section 388 of the Energy Policy Act of 2005.
    Coast Guard Response. The definition of ``OCS activity'' is found
in the regulations at 33 CFR 140.10. Section 140.10 defines ``OCS
activity'' as ``any offshore activity associated with exploration for,
or development or production of, the minerals of the Outer Continental
Shelf.'' 33 CFR 140.10. This rulemaking was intended to implement the
SAFE Port Act and not the Energy Policy Act of 2005, which permits
leases, easements, or rights-of-way on the OCS for activities not
otherwise authorized under other laws, including: (1) Exploration,
development, production, or storage of oil or natural gas except in
areas prohibited by a moratorium; (2) transportation of oil or natural
gas, excluding shipping activities; (3) production, transportation, or
transmission of energy from sources other than oil or gas; and (3) use
of facilities for activities authorized under the Act. Energy Policy
Act of 2005 section 388, Public Law 109-58, 119 Stat. 744. Because the
goal of this rule was directed by the SAFE Port Act and was not to
alter the definition of ``OCS activity,'' as established in Title 33 of
the CFR, doing so would be beyond the scope of this rule.

2. NOAs for Moves Between OCS Locations

    One commenter asks that we either modify the rule to eliminate the
need for NOAs for units moving between locations on the OCS or
coordinate the processing of the NOA requirements with those regarding
navigation safety (33 CFR 143.15) to reduce reporting burdens. A
separate commenter asserts the opposite, stating that vessels must
report their movements between OCS locations and ports and that this
requirement should also include vessels that do not moor offshore.
    Coast Guard Response. Current regulations state that the owner must
notify the District Commander when a unit is relocated. The goal of the
SAFE Port Act is to improve maritime and cargo security through
enhanced layered defenses. Requiring revised NOAs each time there is a
change in position furthers that goal. However, the Coast Guard
believes it would be sufficient for an NOA to be required only when
MODUs, floating facilities, and vessels arrive from a foreign port or
place, or move a few miles from one OCS block area to another. OCS
block areas are used by the Bureau of Ocean Energy Management,
Regulation and Enforcement (BOE)--formerly the Minerals Management
Service--to facilitate management and leasing on the OCS. They vary in
size depending on the OCS blocks the block areas contain. The OCSLA
permits a maximum size for an OCS block of 5,760 acres (9 square
miles).
    For example, a MODU, floating facility, or vessel moving within the
Green Canyon block area would not have to submit a revised NOA; but if
moving from Green Canyon to the Walker Ridge block area, a revised NOA
would be required. Therefore, Sec. Sec.  146.103(a), 146.104(a),
146.215(a), and 146.405(a)(1) have been revised to reflect this change.
Definitions for ``arrives on the OCS'' and ``OCS block areas'' have
been added as new Sec. Sec.  146.102, 146.200, and 146.402.
    For the alternative suggestion of coordinating processing of the
NOA requirements with those regarding navigation safety, this is not
possible because the reports are for different functions and are sent
to different offices. Coast Guard navigation safety requirements used
for lights and warning devices to prevent collisions at sea are sent to
the office of the District Commander. NOA requirements for maritime
security are submitted to the National Vessel Movement Center office
(NVMC).

3. Authorities

    One commenter questions the use of the Ports and Waterways Safety
Act as an authority for this rule. That commenter notes that at the
time the Coast Guard proposed the existing NOA rules in 33 CFR 160.206,
this same commenter questioned the applicability of those rules to OCS
facilities as a ``port or place in the United States.'' The commenter
argues that our response to that comment indicates that we do not
interpret OCS locations to be a ``port or place in the United States''
for purposes of the Ports and Waterways Safety Act. As such, the
commenter says 33 U.S.C. 1223 and 1226 should not be listed as
authorities. If they are included, they ask the Coast Guard to clarify
its understanding of OCS facilities under the Act.
    Coast Guard Response. 33 U.S.C. 1223 refers to ``a port or place
subject to the jurisdiction of the United States'' (rather than a
``port or place in the United States''). Also, 33 U.S.C. 1226 provides
authority to take actions to prevent or respond to acts of terrorism
against individuals, vessels, or structures ``subject to the
jurisdiction of the United States.'' 33 CFR 101.105 defines ``waters
subject to the jurisdiction of the U.S.'' as including the following:
``in respect to facilities located on the Outer Continental Shelf of
the U.S., the waters superjacent thereto.'' These provisions underscore
the authority of the Ports and Waterways Safety Act in driving this
rule, which establishes regulations requiring notice of arrival for
United States and foreign flag floating facilities, MODUs, and vessels
prior to engaging in OCS activities.

4. Use of Information Reported

    One commenter states that the information the Coast Guard requests
with this rule, particularly in Sec.  146.103(a)(6)(v), which requires
reporting positions or duties for individuals on board floating
facilities, will be used for other purposes, such as enforcement of
cabotage (coastal trade and/or navigation) or OCS employment
restrictions. This commenter requests that we remove this requirement.
    Coast Guard Response. The Coast Guard disagrees that this
information is being requested for cabotage, OCS employment
restrictions, or other non-NOA purposes. The information is being
requested for security purposes and reflects existing NOA requirements
in 33 CFR 160.206, as required by the SAFE Port Act. As noted,
maintaining situational awareness is the foundation of a comprehensive
security regime. This information will enable the Coast Guard to
respond to emerging threats on the OCS through such mechanisms as
critical notices to operators in the area that may be threatened. It
will also improve maritime safety by enabling the Coast Guard to better
protect mariners operating on the OCS.

5. Estimated Costs

    One commenter states that costs should be modified to eliminate the
need for vessels moving between OCS locations to comply with NOA
requirements.
    Coast Guard Response. As indicated above, we have clarified the
need for NOAs when moving between OCS locations. Vessels moving between
OCS block areas will still need to comply

with the NOA requirements. However, vessels moving from one location to
another within the same OCS block area do not have to submit NOAs.

6. Information Collection

    One commenter suggests that the Coast Guard eliminate the need to
report certain information regarding persons onboard the arriving
vessels.
    Coast Guard Response. The Coast Guard disagrees with this
recommendation. We request this information to comply with the SAFE
Port Act (Table 160.206 item (4)(v)).

7. Coordinating With Other Rulemakings

    One commenter states that the rulemakings on OCS Notice of Arrival
and the current development of notice of arrival and departure
requirements should be coordinated.
    Coast Guard Response. The Coast Guard agrees and we have worked to
ensure uniformity between this and other relevant rulemakings.

8. Making NOA Information Accessible

    One commenter states that some of the information reported under
the NOA, though not information relating to crew personnel, should be
publicly accessible and made available in real-time. In addition, the
commenter states that all information submitted under this regulation
should be accessible to Customs and Border Protection (CBP) and other
Federal agencies.
    Coast Guard Response. General information about a vessel's arrival
or departure is normally made available by port authorities. Local
harbor masters have access to this data and are good sources of
information. In addition, such information is available to the public
through such sources as http://www.vesseltracker.com. More detailed
information in an NOA will be released in accordance with the Freedom
of Information Act, 5 U.S.C. 552. The Coast Guard already routinely
shares this information with other Federal, State, and local agencies
and coordinates with CBP.

9. Section 146.103--Vessels Under Tow

    One commenter believes any vessels, facilities, or MODUs under tow
should provide separate NOAs from the towing vessel or offer an option
for the ``lead'' towing vessel to submit a single NOA for the combined
``tow.''
    Coast Guard Response. The Coast Guard agrees that the ``lead''
towing vessel could submit a single NOA for the entire ``tow.'' It is
the responsibility of the owner or operator of the unit being towed to
designate which towing vessel, if there is more than one, is the
``lead'' towing vessel and is responsible for submitting the overall
NOA. Section 146.103(f) has been revised to clarify that the ``lead''
towing vessel is responsible for submitting the overall NOA. Sections
146.104(f), 146.215(f), and 146.405(f) have also been revised to
reflect this change.

10. Section 146.103--Reference to ``Flag Administration''

    One commenter recommends that the Coast Guard remove Sec.
146.103(a)(7) and (a)(8), which reference ``flag administration''
because that section is specific to U.S. floating facilities.
    Coast Guard Response. The Coast Guard agrees with this comment.
Therefore, Sec.  146.103(a)(7) and (a)(8) have been removed.

11. Section 146.103--Change in Delay for Updated NOA

    One commenter suggests the change in arrival time not requiring an
updated NOA in this section be changed from 6 hours to 24 hours (Sec.
146.103(c)(1)). This commenter believes that there is no substantive
difference in the risk posed by a delay of 24 hours versus a delay of 6
hours, given the remote locations and minimal direct threat.
    Coast Guard Response. The Coast Guard disagrees because the SAFE
Port Act requires us to issue regulations consistent with the existing
NOA regulations found in Title 33 of the CFR. Existing regulations in
33 CFR 160.208(b)(1) require vessels to submit revised NOAs if changes
in arrival or departure times are more than 6 hours.

12. Section 146.103(c)(2)

    One commenter finds the wording in Sec.  146.103(c)(2) confusing
since the location of the floating facility would be known at the time
the report is made.
    Coast Guard Response. The Coast Guard agrees and has revised Sec.
146.103(c)(2) to read: ``Changes in the location, latitude and
longitude, of the floating facility from the location at the time the
NOA was reported; or''. The Coast Guard also made similar changes in
Sec.  146.104(c)(2), Sec.  146.215(c)(2), and Sec.  146.405(c)(2).

13. Section 146.103(d)(1)

    One commenter finds that Sec.  146.103(d)(1) and (d)(2) provides an
exception to the 96-hour reporting requirement created in Sec.
146.103(a) and that paragraph (d)(1) is redundant with paragraph (a).
    Coast Guard Response. The Coast Guard agrees that paragraph (d)(1)
is redundant, but it provides additional clarity by repeating this
requirement and then breaking out the differing requirements when the
voyage is more than 96 hours, as opposed to when the voyage is less
than 96 hours.

14. Section 146.103(f)--Towing of a Facility/Vessel

    One commenter states that Sec.  146.103(f) should be removed
because it implies that the towing of a facility or vessel to an OCS
location is an ``OCS activity'' as defined in 33 CFR 140.10. The same
commenter asks that as an alternative to removing paragraph (f), we
address the possibility that multiple towing vessels may be involved in
the tow of a single facility/vessel and discuss how NOA requirements
would be met for a facility/vessel arriving on the OCS via a heavy lift
transport.
    Coast Guard Response. The Coast Guard does not believe that
paragraph (f) should be removed. In 33 CFR 140.10, ``OCS activity'' is
defined as ``any offshore activity associated with exploration for, or
development or production of, the minerals of the Outer Continental
Shelf.'' This is a broad definition that encompasses a towing vessel on
the OCS towing a facility/vessel on the OCS. The Coast Guard has
exempted vessels, floating facilities, and MODUs that are merely
transiting across the OCS and not engaging in OCS activities.
    However, as noted above, the Coast Guard agrees it is possible to
have multiple towing vessels involved in the tow of a single facility/
vessel. We believe it is the responsibility of the owner or operator of
the unit being towed to designate which towing vessel will be the lead
towing vessel, if there is more than one, and therefore responsible for
submitting the overall NOA.

15. Section 146.103(g)--``Superjacent'' vs. ``Superadjacent''

    One commenter recommends that the word ``superjacent'' be changed
to ``superadjacent'' in Sec.  146.103(g) for consistency within Title
33 and points to the definition of ``waters subject to the jurisdiction
of the U.S.'' at 33 CFR 101.105.
    Coast Guard Response. The Coast Guard disagrees that
``superjacent'' should be changed to ``superadjacent.'' Title 33 of the
U.S. Code uses ``superjacent'' and not ``superadjacent.'' We are using
the word ``superjacent'' in order to be consistent with its use in both
Title 33 and 33 CFR 101.105.

16. Section 146.215(a)(3)--Reporting the IMO Number

    One commenter states that the Coast Guard should also require MODUs
to

report the IMO number in addition to the facility's name.
    Coast Guard Response. The Coast Guard agrees and has modified Sec.
146.215(a)(3) as requested.

17. Section 146.215--Reporting ``Position or Duties''

    One commenter states that the requirement for the description of
``position or duties'' of personnel on a facility or vessel (as
required in Sec.  146.215(a)(6)(v)) is irrelevant because the job
descriptions of industrial personnel would be difficult for the Coast
Guard to interpret.
    Coast Guard Response. The Coast Guard does not agree because the
SAFE Port Act requires us to issue regulations consistent with the
existing NOA regulations found in Title 33 of the CFR. Existing
regulations in 33 CFR Subpart C Table 160.206 item (4)(v) require
descriptions of positions or duties to be provided as part of an NOA.

18. Section 146.215--MODU NOA

    One commenter states that MODUs should not be required to submit
anything other than a simple notice of arrival because they do not
present the risk of being weaponized or of smuggling merchandise or
individuals into the United States.
    Coast Guard Response. The Coast Guard does not agree. We believe
that MODUs arriving on the OCS from abroad present the same security
risk as OCS facilities and vessels.

19. Section 146.405--Interpreting ``Arrives on the OCS''

    One commenter states that the phrase ``arrives on the OCS'' could
be interpreted in more than one way and that the interpretation affects
how the rule is applied.
    Coast Guard Response. The Coast Guard partially agrees that the
phrase could be interpreted in more than one way. We have added Sec.
146.102 to define ``arrives on the OCS'' to offer clarity to the issue.
New Sec. Sec.  146.200 and 146.402 have also been added to similarly
clarify the use of the phrase in these subparts.

20. Section 146.405(b)(1)--Exceptions to NOA Information

    One commenter states that in Sec.  146.405(b)(1), it was unclear
why only item (2)(iii) of Table 160.206 was exempted and not items
(2)(iv) through (2)(vi).
    Coast Guard Response. The Coast Guard agrees that items (2)(iv)
through (2)(vi) should also be exempted and has revised Sec.
146.405(b)(1) accordingly. The information in items (2)(iv) through
(2)(vi) is not applicable and is not required for MODUs and floating
facilities and will not be required for vessels.

21. Section 146.405(b)(1)--Cargo Declaration

    One commenter asserts that it is inappropriate to require a cargo
declaration for NOAs as stated in Sec.  146.405 since most vessels
subject to this subpart would not require customs clearance. A separate
commenter states the opposite, insisting that a cargo declaration form
should be necessary whenever a foreign vessel transports cargo to and
from a port and an OCS location.
    Coast Guard Response. In those instances where foreign flag vessels
are transporting cargo to and from a U.S. port and a mineral extraction
facility pursuant to OCSLA, the owners/operators of those vessels are,
in fact, required to submit cargo declaration forms pursuant to CBP
regulations on vessel entry (as established under 19 U.S.C. 1434) and
clearance (as established under 46 U.S.C. 60105). However, the Coast
Guard agrees that it would be inappropriate for those vessels not
otherwise required to submit a cargo declaration form to have to submit
one for NOA purposes. Accordingly, we have revised Sec.  146.405 to
exempt item (8) from the information required in Table 160.206 for all
vessels except those foreign flag vessels subject to the CBP
regulations noted above.

22. Section 146.103

    One commenter notes the language in new Sec.  146.103 (a)(2): ``The
area designation and block number or lease number, assigned under 30
CFR 250.154 for identification, where the floating facility plans to
perform OCS activities.'' The commenter points out that facilities are
not sentient and, therefore, cannot plan activities on the OCS.
    Coast Guard Response. The Coast Guard agrees and has made the
necessary changes in the regulatory text to clarify (in sections
146.103, 146.104 and 146.405).

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is a significant regulatory action under section 3(f) of
Executive Order 12866, Regulatory Planning and Review. The Office of
Management and Budget has reviewed it under that Order. It requires an
assessment of potential costs and benefits under section 6(a)(3) of
that Order.
    Public comments on the NPRM are summarized in Part V of this
publication. We received no public comments that would alter our
assessment of the impacts discussed in the NPRM. We have adopted the
assessment in the NPRM as final. See the ``Regulatory Analyses''
section of the NPRM for more details. A summary of the assessment
follows.
    This rulemaking requires certain U.S. and foreign owners or
operators of floating facilities, MODUs, and vessels to submit NOA
information to the NVMC prior to engaging in OCS activities.
    Based on industry information from the National Offshore Advisory
Committee (NOSAC), we estimate that there are 7 to 12 arrivals on the
OCS each month for a total of 84 to 144 annual arrivals on the OCS each
year. We also estimate that approximately 95 percent of the floating
facilities, vessels, and MODUs operating on the OCS affected under this
rulemaking would be foreign flag.
    The additional costs of this rulemaking to industry are the
proposed NOA reporting requirements. We estimate that one NOA requires
30 minutes to complete plus a transmittal fee of $2 per submission.\4\
Similar to other NOA reporting analyses, we use an average loaded wage
rate of approximately $31 per hour to estimate the labor costs for NOA
reporting activities.
---------------------------------------------------------------------------

    \4\ Sources: (1) Collection of Information, OMB Control Number
1625-0100, ``Advance Notice of Arrival and Electronic Transmission
of Vessel Transit Data''; and (2) Notice of Proposed Rulemaking,
``Vessel Requirements for Notices of Arrival and Departure, and
Automatic Identification System'' [USCG-2005-21869].
---------------------------------------------------------------------------

    Based on the arrival data and the reporting time and cost
information, we estimate the annual cost of this rulemaking to industry
to be $1,470 to $2,520 (non-discounted). We estimate the present value
10-year cost of this rulemaking to industry to be $10,300 to $17,700 at
a 7 percent discount rate (rounded).
    We expect the primary benefit of this rulemaking would be enhanced
situational awareness of activities on the OCS. This enhanced
situational awareness would assist the Coast Guard in evaluating
potential safety and security risks associated with these activities
and assist the Coast Guard in managing resources used to regulate these
activities and respond to incidents on the OCS.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612), we
have considered whether this rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed
rule would not have a significant economic impact on a substantial
number of small entities. We received no public comments that would
alter our certification in the NPRM. We have found no additional data
or information that would change our findings in the NPRM. We have
adopted the certification in the NPRM for this final rule. See the
``Small Entity'' section of the NPRM for additional details.
    We expect the rule would not have a significant economic impact on
any entities since the costs of this rulemaking are small and the cost
burden per NOA submission is only about $18.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would not have a significant economic impact on a substantial
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Kevin Pekarek, Vessel and
Facility Operating Standards Division (CG-5222); telephone 202-372-
1386. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This rule calls for a collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). It would require a
revision to an existing collection. The following is a summary of the
burden associated with the revision.
    As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other similar actions. The title and description of the information
collection, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
    This rule amends the collection of information requirements for
owners and operators. The rule requires modifying the burden in the
previously approved collection under OMB Control Number 1625-0100.
    Title: Advance Notice of Vessel Arrival.
    OMB Control Number: 1625-0100.
    Summary of the Collection of Information: The rule requires owners
and operators of vessels, MODUs, and floating facilities to submit an
advance notice of arrival electronically to the NVMC. This requires a
change in the previously approved OMB Collection 1625-0100 because it
expands the NOA requirement to include vessels, MODUs, and floating
facilities engaging in OCS activities.
    This rule will not change the information collected in OMB
Collection 1625-0100. This rule will expand the number of respondents
to include owners and operators of vessels, MODUs, and floating
facilities that engage in OCS activities.
    Proposed Use of Information: The Coast Guard would use the
information to enhance maritime domain awareness.
    Description of the Respondents: The respondents are owners and
operators of vessels, MODUs, and floating facilities which arrive on
the OCS from foreign ports and engage in OCS activities.
    Number of Respondents: The rule increases the number of respondents
in this OMB-approved collection by no more than 144 respondents. See
the ``Regulatory Planning and Review'' section for more details on the
respondents affected by this rule.
    Frequency of Response: The rule increases the annual number of
responses in this OMB-approved collection by no more than 144
responses. OCS units such as MODUs and floating production facilities
may stay on the OCS for long periods, such as a year or more, so we do
not expect these units to have more than one NOA submittal per year.
    Burden of Response: We estimate the burden of this rule to be the
preparation and submission of the NOA. Based on discussion in the
``Regulatory Analysis'' section of this final rule, we estimate that it
would take 30 minutes to prepare and submit an NOA to the NVMC.
    Estimate of Total Annual Burden: The annual total burden of this
rule would be no more than 72 hours.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the rule
to the Office of Management and Budget (OMB) for its review of the
collection of information. On December 9, 2010, OMB approved the
revision (ICR Ref. No.<PHONE_NUMBER>-002) to OMB Control Number 1625-
0100, which expires on December 31, 2013. The section numbers
associated with the collection of information are: Sec. Sec.  146.103,
146.104, 146.215 and 146.405. Our estimate of the total annual burden
is unchanged from the proposed rule to this final rule.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have

taking implications under Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights.

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this 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. Though it is a ``significant
regulatory action'' under Executive Order 12866, it is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. Therefore, this rule is categorically excluded, under
section 2.B.2. Figure 2-1, paragraphs 34(a) and (d), of the
Instruction, and neither an environmental assessment nor an
environmental impact statement is required. This rule outlines the
procedures that owners or operators of floating facilities, mobile
offshore drilling units, and vessels will follow in submitting notice
of arrival information to the Coast Guard's National Vessel Movement
Center. This rule is procedural and concerns the documentation of
vessels, falling under paragraphs 34(a) and (d) of the Instruction. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects for 33 CFR Part 146

    Continental shelf, Marine safety, Occupational safety and health,
Reporting and recordkeeping requirements, Vessels.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 146, as follows:

PART 146--OPERATIONS

0
1. The authority citation for part 146 is revised to read as follows:

    Authority:  33 U.S.C. 1223, 1226; 43 U.S.C. 1333, 1348, 1350,
1356; Sec. 109, Pub. L. No. 109-347, 120 Stat. 1884; Department of
Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  146.102 to read as follows:

Sec.  146.102  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a floating facility enters any OCS
block area for the purpose of engaging in operations subject to the
jurisdiction of the OCS Lands Act.
    OCS block area means the names given by the Bureau of Ocean Energy
Management, Regulation and Enforcement (BOE) to define the OCS areas
used to facilitate management or leasing on the OCS.
    U.S., as used in the term, ``U.S. floating facility,'' means a
``floating facility,'' that is registered, documented, or certificated
under the laws of the United States or that is not registered,
documented, or certificated under the laws of the United States or any
other nation.

0
3. Add Sec.  146.103 to read as follows:

Sec.  146.103  Safety and Security notice of arrival for U.S. floating
facilities.

    (a) General. At least 96 hours before a U.S. floating facility
arrives on the OCS from a foreign port or place or from a different OCS
block area, excluding those U.S. floating facilities arriving directly
from a U.S. port or place, to engage in OCS activities, the owner or
operator of the floating facility, except as provided in paragraph (f)
of this section, must submit the following information to the National
Vessel Movement Center (NVMC):
    (1) The location, latitude and longitude, of the floating facility
at the time the notice of arrival (NOA) is reported;
    (2) The area designation, block number or lease number, assigned
under 30 CFR 250.154 for identification, where the owner or operator of
the floating facility plans to perform OCS activities;
    (3) The floating facility's name, if any;
    (4) The date when OCS operations of the floating facility are
expected to begin and end;
    (5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of
identification and number);
    (v) Position or duties on the floating facility; and
    (vi) Name of the port, or place, and country where the individual
embarked.
    (b) Methods of submission. The notice must be submitted to the NVMC
by electronic Notice of Arrival and Departure format using methods
specified in the NVMC's Web site at http://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of a U.S. floating facility must
revise and re-submit the NOA within the times required in paragraph (e)
of this section.

An owner or operator does not need to revise or re-submit an NOA for
the following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the
floating facility from the location at the time the NOA was reported;
or
    (3) Changes to personnel positions or duties on the floating
facility.
    (d) Required reporting time of an initial NOA. The owner or
operator of a U.S. floating facility subject to this section must
submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners or operators
of a floating facility must submit an initial NOA at least 96 hours
before the U.S. floating facility arrives at the OCS location where the
owner or operator plans to perform OCS activities; or
    (2) If the voyage time is less than 96 hours, owners and operators
of a floating facility must submit an initial NOA at least 24 hours
before the U.S. floating facility arrives at the OCS location where the
owner or operator plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or
operator of each floating facility subject to this section must submit
an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the floating facility must provide an updated NOA as
soon as practicable but at least 24 hours before the U.S. floating
facility arrives at the OCS location where the owner or operator plans
to perform OCS activities; or
    (2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the floating facility must provide an update as
soon as practicable but at least 12 hours before the U.S. floating
facility arrives at the OCS location where the owner or operator plans
to perform OCS activities.
    (f) Towing vessels. When a towing vessel controls a U.S. floating
facility required to submit an NOA under this subpart, the owner or
operator of the towing vessel, or lead towing vessel if there is more
than one, is responsible for submitting only one NOA containing the NOA
information items required for the towing vessels, under Sec.  146.405,
and the U.S. floating facility under paragraph (a) of this section.
    (g) This section does not apply to U.S. floating facilities merely
transiting the waters superjacent to the OCS and not engaged in OCS
activities.

0
4. Add Sec.  146.104 to read as follows:

Sec.  146.104  Safety and Security notice of arrival for foreign
floating facilities.

    (a) General. At least 96 hours before a foreign floating facility
arrives on the OCS from a foreign port or place or from a different OCS
block area to engage in OCS activities, the owner or operator of the
floating facility, except as provided in paragraph (f) of this section,
must submit the following information to the National Vessel Movement
Center (NVMC):
    (1) The location, latitude and longitude, of the foreign floating
facility at the time the NOA is reported;
    (2) The area designation, block number or lease number, assigned
under 30 CFR 250.154 for identification, where the owner or operator of
the foreign floating facility plans to perform OCS activities;
    (3) The foreign floating facility's name, if any;
    (4) The date when OCS operations of the foreign floating facility
are expected to begin and end;
    (5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of
identification and number);
    (v) Position or duties on the foreign floating facility; and
    (vi) Name of the port, or place, and country where the individual
embarked.
    (7) The date of issuance of the foreign floating facility's
International Safety Management certificate (ISM), if any, and Document
of Compliance certificate and the name of the flag administration, or
its recognized representative, that issued those certificates; and
    (8) The date of issuance of the foreign floating facility's
International Ship Security certificate (ISSC), if any, and the name of
the flag administration, or the recognized security organization
representing the flag administration, that issued the ISSC.
    (b) Methods of submission. The notice must be submitted to the
National Vessel Movement Center by electronic Notice of Arrival and
Departure format using methods specified at the NVMC's Web site at
http://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of the foreign floating facility must
revise and re-submit the NOA within the times required in paragraph (e)
of this section. An owner or operator does not need to revise or re-
submit an NOA for the following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the
floating facility from the location at the time the NOA was reported;
or
    (3) Changes to personnel positions or duties on the foreign
floating facility.
    (d) Required reporting time of an initial NOA. The owner or
operator of a foreign floating facility subject to this section must
submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners or operators
of a foreign floating facility must submit an initial NOA at least 96
hours before the foreign floating facility arrives at the OCS location
where the owner or operator plans to perform OCS activities; or
    (2) If the voyage time is less than 96 hours, the owner or operator
of a foreign floating facility must submit an initial NOA at least 24
hours before the foreign floating facility arrives at the OCS location
where the owner or operator plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or
operator of a foreign floating facility subject to this section must
submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the foreign floating facility must provide an updated
NOA as soon as practicable but at least 24 hours before the floating
facility arrives at the OCS location where the owner or operator plans
to perform OCS activities; or
    (2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the foreign floating facility must provide an
updated NOA as soon as practicable but at least 12 hours before the
floating facility arrives at the OCS location where owners or operators
plan to perform OCS activities.
    (f) Towing vessels. When a towing vessel controls a foreign
floating facility required to submit an NOA under this subpart, the
owner or operator of the towing vessel, or lead towing vessel if there
is more than one, is responsible for submitting only one NOA containing
the NOA information items required for towing vessels, under Sec.
146.405, and the

foreign floating facility under paragraph (a) of this section.
    (g) This section does not apply to a foreign floating facility
merely transiting the waters superjacent to the OCS and not engaged in
OCS activities.

0
5. Add Sec.  146.200 to subpart C to read as follows:

Sec.  146.200  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a MODU enters any OCS block area for
the purpose of engaging in operations subject to the jurisdiction of
the OCS Lands Act.
    OCS block area means the names given by the Bureau of Ocean Energy
Management, Regulation and Enforcement (BOE) to define the OCS areas
used to facilitate management or leasing on the OCS.

0
6. Add Sec.  146.215 to subpart C to read as follows:

Sec.  146.215  Safety and Security notice of arrival for U.S. or
Foreign MODUs.

    (a) General. At least 96 hours before a MODU arrives on the OCS
from a foreign port or place or from a different OCS block area to
engage in OCS activities, excluding those U.S. MODUs arriving directly
from a U.S. port or place, to engage in OCS activities, the owner or
operator of the MODU, except as provided in paragraph (f) of this
section, must submit the following information to the National Vessel
Movement Center (NVMC):
    (1) The location, latitude and longitude, of the MODU at the time
the notice of arrival (NOA) is reported;
    (2) The area designation, block number or lease number, assigned
under 30 CFR 250.154 for identification, where the MODU owner or
operator plans to perform OCS activities;
    (3) The MODU's name and IMO number, if any;
    (4) The date when operations of the MODU are expected to begin and
end;
    (5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of
identification and number);
    (v) Position or duties on the MODU; and
    (vi) Name of the port, or place, and country where the individual
embarked.
    (7) The date of issuance of the MODU's International Safety
Management certificate (ISM), if any, and Document of Compliance
certificate and the name of the flag administration, or its recognized
representative, that issued those certificates; and
    (8) The date of issuance of the MODU's International Ship Security
certificate (ISSC), if any, and the name of the flag administration, or
the recognized security organization representing the flag
administration, that issued the ISSC.
    (b) Methods of submission. The notice must be submitted to the
National Vessel Movement Center (NVMC) by electronic Notice of Arrival
and Departure format using methods specified in the NVMC's Web site at
http://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of the MODU must revise and re-submit
the NOA within the times required in paragraph (e) of this section. An
owner or operator does not need to revise or re-submit an NOA for the
following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the MODUs
from the location at the time the NOA was reported; or
    (3) Changes to personnel positions or duties on the MODU.
    (d) Required reporting time of an initial NOA. The owner or
operator of a MODU subject to this section must submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners and operators
of a MODU must submit an initial NOA at least 96 hours before the MODU
arrives at the OCS location where the owner or operator plans to
perform OCS activities; or
    (2) If the voyage time is less than 96 hours, owners and operators
of a MODU must submit an initial NOA at least 24 hours before the MODU
arrives at the OCS location where the owner or operator plans to
perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or
operator of a MODU subject to this section must submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the MODU must provide an updated NOA as soon as
practicable but at least 24 hours before the MODU arrives at the OCS
location where the owner or operator plans to perform OCS activities;
or
    (2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the MODU must provide an updated NOA as soon as
practicable but at least 12 hours before the MODU arrives at the OCS
location where the owner or operator plans to perform OCS activities.
    (f) Towing vessels. When a towing vessel controls a MODU required
to submit an NOA under this subpart, the owner or operator of the
towing vessel, or lead towing vessel if there is more than one, is
responsible for submitting only one NOA containing the information
required for the towing vessels, under Sec.  146.405, and the MODU
under paragraph (a) of this section.
    (g) This section does not apply to MODU's merely transiting the
waters superjacent to the OCS and not engaged in OCS activities.

Subpart D--Vessels--Notice of Casualty

0
7. Revise the heading in Subpart D to read as set forth above.

0
8. Add Subpart E to read as follows:

Subpart E--Vessels--Safety and Security Notice of Arrival

Sec.
146.401 Applicability.
146.402 Definitions.
146.405 Safety and Security notice of arrival for vessels arriving
at a place on the OCS.

Subpart E--Vessels--Safety and Security Notice of Arrival

Sec.  146.401  Applicability.

    This subpart applies to all U.S. and foreign vessels, except those
U.S. vessels traveling directly from a U.S. port or place, bound for a
place on the OCS and planning to engage in OCS activities. Vessels
under this subpart include, but are not limited to, standby vessels,
attending vessels, offshore supply vessels, pipelay vessels, derrick
ships, diving support vessels, oceanographic research vessels, towing
vessels, and accommodation vessels. This subpart does not apply to
MODUs, which are covered under Sec.  146.215; nor does it apply to
floating facilities, which are covered under Sec. Sec.  146.103 and
146.104.

Sec.  146.402  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a vessel enters any OCS block area to
commence operations for which it has submitted a Notice of Arrival
under Sec.  146.405(b)(2).

    OCS block area means the names given by the Bureau of Ocean Energy
Management, Regulation and Enforcement (BOE) to define the OCS areas
used to facilitate management or leasing on the OCS.

Sec.  146.405  Safety and Security notice of arrival for vessels
arriving at a place on the OCS.

    (a) General. The owner or operator of each vessel subject to this
section must submit an initial NOA to the National Vessel Movement
Center (NVMC):
    (1) If the voyage time is more than 96 hours, at least 96 hours
before the vessel arrives at a place on the OCS from a foreign port or
place or from a different OCS block area to engage in OCS activities;
    (2) If the voyage time is less than 96 hours and more than 24
hours, before departure, or;
    (3) If the voyage time is less than 24 hours, at least 24 hours
before the vessel arrives at a place on the OCS.
    (b) Information required in an NOA. The following information is
required from the owners or operators of vessels submitting an NOA:
    (1) All the information specified in 33 CFR Table 160.206 with the
exception of information required in items (2)(iii) through (2)(vi) and
item (6). Item (8) is also not required except as pursuant to the laws
on vessel entry (19 U.S.C. 1434) and clearance (46 U.S.C. 60105).
Vessel owners and operators should protect any personal information
they gather in preparing notices for transmittal to the NVMC so as to
prevent unauthorized disclosure of that information;
    (2) The area in which they are conducting their operations. This
area can be submitted as either the name of the places, the BOE block
numbers, or the latitudes and longitudes of the places on the OCS where
operations are being conducted; and
    (3) If any person onboard, including a crewmember, is not required
to carry a passport for travel, then passport information required in
Table 160.206, items (4)(iv) through (vi), and (5)(iv) through (vi),
need not be provided for that person.
    (c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of that vessel must revise and re-
submit the NOA within the times required in paragraph (e) of this
section. An owner or operator does not need to revise and re-submit an
NOA for the following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the vessel
from the location at the time the NOA was reported; or
    (3) Changes to personnel positions or duties on the vessel.
    (d) Methods of submission. The notice must be submitted to the NVMC
by electronic Notice of Arrival and Departure format using methods
specified at the NVMC's Web site at http://www.nvmc.uscg.gov/.
    (e) Required reporting time of an NOA update. The owner or operator
of each vessel subject to this section must submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the vessel must provide an update as soon as practicable
but at least 24 hours before the vessel arrives at the OCS location
where the owner or operator plans to perform OCS activities;
    (2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the vessel must provide an update as soon as
practicable but at least 12 hours before the vessel arrives at the OCS
location where the owner or operator plans to perform OCS activities;
or
    (3) If the remaining voyage time is less than 24 hours, the owner
or operator of the vessel must provide an update as soon as
practicable, but at least 12 hours before the vessel arrives at a place
on the OCS.
    (f) Towing vessels. When a towing vessel controls a vessel required
to submit an NOA under this subpart, the owner or operator of the
towing vessel, or lead towing vessel if there is more than one, is
responsible for submitting only one NOA containing the information
required for the towing vessels and the vessel under its control.
    (g) This section does not apply to vessels merely transiting the
waters superjacent to the OCS and not engaged in OCS activities.

    Dated: December 22, 2010.
Robert J. Papp, Jr.,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 2011-569 Filed 1-12-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Notices]
[Page 66053-66054]
[DOCID:fr25oc11-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-9-000]

High Point Gas Transmission, LLC; Notice of Application

    Take notice that on October 13, 2011, High Point Gas Transmission,
LLC (High Point), 6800 West Loop South, Suite 120, Houston, Texas
77401, filed an application in Docket No. CP12-9-000 pursuant to
section 7(c) of the Natural Gas Act and parts 157 and 284 of the
Commission's Regulations, for authorization to acquire, own and operate
certain onshore facilities located in Louisiana and certain offshore
facilities located offshore Louisiana in the Gulf of Mexico. In a
related application filed on October 7, 2011 in Docket No. CP12-4-000,
Southern Natural Gas Company, L.L.C. (Southern) seeks authorization to
abandon the facilities subject to High Point's application.
Specifically, High Point seeks: (1) A certificate of public convenience
and necessity to acquire, own and operate the facilities Southern seeks
to abandon; (2) blanket construction and open access transportation
certificates pursuant to subpart F of part 157 and subpart G of part
284, respectively, of the Commission's regulations; (3) approval of its
pro forma tariff; and (4) waiver of the segmentation requirement, all
as more fully set forth in the application which are on file with the
Commission and open for public inspection.
    Any questions regarding this application should be directed to
Matthew Rowland, High Point Gas Transmission, LLC, 6800 West Loop
South, Suite 120, Houston, Texas 77401, or call at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed

documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: November 9, 2011.

    Dated: October 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-27524 Filed 10-24-11; 8:45 am]
BILLING CODE 6717-01-P


From: Kissell. Mary@ epamail. epa. gov [ mailto: Kissell. Mary@ epamail. epa. gov] Sent: Wednesday, February 11, 2004 4: 29 PM To: Edmond_ Toy@ omb. eop. gov Cc: Jenkins. Scott@ epamail. epa. gov; Guinnup. Dave@ epamail. epa. gov; Hustvedt. Ken@ epamail. epa. gov; Durkee. Stan@ epamail. epa. gov; Chamberlin. Johnb@ epamail. epa. gov; Johnson. Ann@ epamail. epa. gov; Talcott. Fred@ epamail. epa. gov; Mitchell. Ken@ epamail. epa. gov; Throwe. Scott@ epamail. epa. gov; thrift. mike@ epamail. epa. gov; Clemons. Teresa@ epamail. epa. gov Subject: lookup table memo  Here is the memo describing development of the lookup tables for plywood. Please address questions to Scott Jenkins at jenkins. scott@ epa. gov or ( 919) 541 1167. Thanks. Scott ( See attached file: lookup table memo. wpd) Draft UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF AIR QUALITY PLANNING AND STANDARDS EMISSION STANDARDS DIVISION RESEARCH TRIANGLE PARK, NC 27711 Februray 9, 2004 TO: Dave Guinnup, Leader Risk and Exposure Assessment Group ( C404 01)

FROM: Scott Jenkins Maria Pimentel Dennis Pagano Risk and Exposure Assessment Group ( C404 01)

SUBJECT: Lookup tables development for the plywood and composite wood products ( PCWP) source category Introduction The purpose of this memo is to describe the analysis and results of a risk approach developed for the plywood and composite wood products ( PCWP) source category by which a specific facility could establish whether or not its chronic risk levels could be considered to be of negligible regulatory concern. In addition, this application can be used to evaluate the potential development of a low risk subcategory which could be delisted and thereby exempted from the regulatory process.

Methodology The analysis was based on data from emissions associated with the production of medium density fiberboard ( MDF), particleboard, hardboard, fiberboard, oriented strand board ( OSB), softwood plywood and veneer, hardwood plywood and veneer, and engineered wood products ( EWP).

Lookup tables were developed to provide facilities with a method for determining whether they are low risk based on the site specific HAP emission rates. Separate tables were developed for cancer and chronic noncancer risks. Because the lookup table must be applicable to all facilities in the category, each with different meteorological conditions, the EPA's SCREEN3 ( ISAPI, 1995) atmospheric dispersion model was utilized.

SCREEN3, a screening level Gaussian dispersion model was utilized to predict worst case 1 hour concentrations on the centerline of the plume downwind from a source. SCREEN3 calculated the ambient concentration per g/ s of emissions assuming no deposition or atmospheric reactions. Predicted 1 hour concentrations from SCREEN3 were multiplied by 0.08 to generate estimates of chronic pollutant concentration. The lookup tables did not consider population data, facility coordinates, or actual facility boundaries. Thus, facilities not qualifying as low risk based on the lookup table might still qualify as low risk based on a site specific assessment.

Emissions and HAP selection information for the PCWP source category can be found in the memo from February 6, 2004 titled " Risk assessment for the draft maximum achievable control Draft 3 technology ( MACT) rule for the plywood and composite wood products ( PCWP) source category" from Scott Jenkins, Maria Pimentel, and Dennis Pagano to Dave Guinnup. To combine emissions of different HAP, emission rates were normalized as described in equations 1 ( carcinogens) and 2 ( non carcinogens) below.

TWCER =

( ERi x UREi/ UREr) Eqn. 1 ERi = Emission rate of pollutant i, pounds per year ( lb/ yr) UREi = Unit risk estimate for pollutant i,( µ g/ m3) 1 UREr = Unit risk estimate for reference HAP,( µ g/ m3) 1 TWCER = Toxicity weighted carcinogenic emission rate, ( lb/ yr)/( µ g/ m3)

TWNER =

( ERi x( RfCr/ RfCi) Eqn. 2 ERi = Emission rate of pollutant i, pounds per year ( lb/ yr) RfCi = Reference concentration for pollutant i, milligrams per cubic meter ( µ g/ m3)

RfCr = Reference concentration for reference HAP,( µ g/ m3) TWNER = Toxicity weighted non carcinogenic emission rate, ( lb/ yr)/( µ g/ m3)

For this analysis we used a hypothetical reference compound with a URE of 1 (

g/ m3) 1 and an RfC of 1

g/ m3. Values for UREs and RfCs were obtained from the EPA's website at www. epa. gov/ ttn/ atw/ toxsource/ summary. html.

To develop the lookup table for HAPs with carcinogenic potential, SCREEN3 model runs were conducted using worst case meteorology defaults, local flat terrain, and a single stack facility with parameters representing average conditions across the PCWP source category:. stack diameter = 1.7 meters; exit velocity = 15.4 meters per second, and; exit gas temperature = 316.5. The normalized HAP emission rate resulting in a maximum potential offsite individual cancer risk equal to 1 in 1 million was determined for each combination of stack height and fenceline distance. These values were tabulated in the cancer lookup table ( see appendix A).

To develop the noncancer lookup table, SCREEN3 model runs were conducted similar to the above, except that the average facility parameters were adjusted downward to develop lookup table values which would ensure that any facilities determined to be low risk by the chronic noncancer lookup table would also be low risk for acute noncancer effects, as determined by the memo referenced above. The adjusted facility parameters were: stack diameter = 1.1 meters; exit gas velocity = 9.0 meters per second, and; exit gas temperature = 293K. The normalized HAP emission rates resulting in a maximum potential offsite HI value equal to 1.0 were determined for each combination of stack height and fenceline distance. These values were tabulated in the noncancer lookup table ( see appendix A). Draft 4 In a subsequent analysis, we determined how many PCWP facilities might qualify as low risk based on the lookup tables we developed. For this analysis, we utilized site specific emissions estimates developed for each individual facility in the source category, and assumed that each facility operated with stacks whose average stack height equaled the average of the high and low ends of the stack height range for the entire category based on available engineering data ( 17 m) and a minimum fenceline distance which was equal to 200 m. Thus, our conclusions should be viewed only as estimates; the actual number of facilities qualifying as low risk using the lookup table will depend on the values of the site specific average stack heights and fenceline distances.

Results and Discussion Table 1 shows the number of facilities predicted to have all target organ specific HI values less that 1.0 and a cancer risk less that 1 in one million based on the lookup table. All of the facilities identified as low risk using the screening tables were among the facilities identified as low risk using the more site specific analysis described in the referenced memo ( attachment). Additionally, none of the facilities identified as " high risk" in the site specific analysis were identified as lowrisk using the lookup table.

Table 1 Predicted Number of Low Risk Facilities Using Lookup Table Facilities with low noncancer risk Facilities with low cancer risk Facilities with both low cancer and noncancer risk 41 109 36 Draft 5 Appendix A.

Non Cancer Plywood Lookup Table:

fenceline( m)

Stack ht.( m) 0 50 100 150 200 250 500 1000 1500 2000 3000 5000 5 2.51E 01 2.51E 01 3.16E 01 3.16E 01 3.16E 01 3.16E 01 3.16E 01 3.46E 01 4.66E 01 6.21E 01 9.82E 01 1.80E+ 00 10 5.62E 01 5.62E 01 5.62E 01 5.62E 01 5.62E 01 5.62E 01 5.62E 01 5.70E 01 6.33E 01 7.71E 01 1.13E+ 00 1.97E+ 00 20 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.43E+ 00 1.68E+ 00 1.83E+ 00 2.26E+ 00 3.51E+ 00 30 2.36E+ 00 2.36E+ 00 2.36E+ 00 2.36E+ 00 2.36E+ 00 2.36E+ 00 2.53E+ 00 3.04E+ 00 3.04E+ 00 3.33E+ 00 4.45E+ 00 5.81E+ 00 40 3.11E+ 00 3.11E+ 00 3.11E+ 00 3.11E+ 00 3.11E+ 00 3.11E+ 00 3.42E+ 00 4.04E+ 00 5.07E+ 00 5.51E+ 00 6.39E+ 00 9.63E+ 00 50 3.93E+ 00 3.93E+ 00 3.93E+ 00 3.93E+ 00 3.93E+ 00 3.93E+ 00 4.49E+ 00 4.92E+ 00 6.95E+ 00 7.35E+ 00 8.99E+ 00 1.25E+ 01 60 4.83E+ 00 4.83E+ 00 4.83E+ 00 4.83E+ 00 4.83E+ 00 4.83E+ 00 5.56E+ 00 6.13E+ 00 7.80E+ 00 1.01E+ 01 1.10E+ 01 1.63E+ 01 70 5.77E+ 00 5.77E+ 00 5.77E+ 00 5.77E+ 00 5.77E+ 00 5.77E+ 00 6.45E+ 00 7.71E+ 00 8.83E+ 00 1.18E+ 01 1.36E+ 01 1.86E+ 01 80 6.74E+ 00 6.74E+ 00 6.74E+ 00 6.74E+ 00 6.74E+ 00 6.74E+ 00 7.12E+ 00 9.50E+ 00 1.01E+ 01 1.29E+ 01 1.72E+ 01 2.13E+ 01 100 8.87E+ 00 8.87E+ 00 8.87E+ 00 8.87E+ 00 8.87E+ 00 8.87E+ 00 8.88E+ 00 1.19E+ 01 1.37E+ 01 1.55E+ 01 2.38E+ 01 2.89E+ 01 200 1.70E+ 01 1.70E+ 01 1.70E+ 01 1.70E+ 01 1.70E+ 01 1.70E+ 01 1.70E+ 01 2.05E+ 01 2.93E+ 01 3.06E+ 01 4.02E+ 01 4.93E+ 01 Cancer Plywood Lookup table fenceline( m)

Stack ht.( m) 0 50 100 150 200 250 500 1000 1500 2000 3000 5000 5 8.72E 07 8.72E 07 8.72E 07 9.63E 07 1.25E 06 1.51E 06 2.66E 06 4.25E 06 4.39E 06 4.39E 06 4.39E 06 5.00E 06 10 2.47E 06 2.47E 06 2.47E 06 2.47E 06 2.47E 06 2.61E 06 3.58E 06 5.03E 06 5.89E 06 5.89E 06 5.89E 06 6.16E 06 20 5.81E 06 5.81E 06 5.81E 06 5.81E 06 5.81E 06 5.81E 06 5.90E 06 7.39E 06 8.90E 06 9.97E 06 9.97E 06 1.12E 05 30 7.74E 06 7.74E 06 7.74E 06 7.74E 06 7.74E 06 7.74E 06 8.28E 06 9.49E 06 1.17E 05 1.35E 05 1.55E 05 1.61E 05 40 9.20E 06 9.20E 06 9.20E 06 9.20E 06 9.20E 06 9.20E 06 9.24E 06 1.17E 05 1.34E 05 1.51E 05 1.98E 05 2.22E 05 50 1.02E 05 1.02E 05 1.02E 05 1.02E 05 1.02E 05 1.02E 05 1.02E 05 1.36E 05 1.53E 05 1.66E 05 2.37E 05 2.95E 05 60 1.13E 05 1.13E 05 1.13E 05 1.13E 05 1.13E 05 1.13E 05 1.13E 05 1.53E 05 1.76E 05 1.85E 05 2.51E 05 3.45E 05 70 1.23E 05 1.23E 05 1.23E 05 1.23E 05 1.23E 05 1.23E 05 1.23E 05 1.72E 05 2.04E 05 2.06E 05 2.66E 05 4.07E 05 80 1.34E 05 1.34E 05 1.34E 05 1.34E 05 1.34E 05 1.34E 05 1.34E 05 1.92E 05 2.15E 05 2.31E 05 2.82E 05 4.34E 05 100 1.52E 05 1.52E 05 1.52E 05 1.52E 05 1.52E 05 1.52E 05 1.52E 05 1.97E 05 2.40E 05 2.79E 05 3.17E 05 4.49E 05 200 1.76E 05 1.76E 05 1.76E 05 1.76E 05 1.76E 05 1.76E 05 1.76E 05 2.06E 05 2.94E 05 3.24E 05 4.03E 05 5.04E 05