and Review'').
Sec.   149.115 What   Revises to indicate that  Clarifies existing
 are the               the pipeline end          requirements to improve
 requirements for      manifold's shutoff        ability to respond to
 pipeline end          valve must be operable    emergencies and on
 manifold shutoff      from a remote location    unmanned facilities
 valves?               because that capability   through the use of
                       must be available for     remote shutoff valves.
                       operations on unmanned
                       deepwater ports as well
                       as during emergencies.
Sec.   149.206 What   Aligns the requirements   Enhances understanding
 are the               for survival craft and    by aligning
 requirements for      rescue boats for manned   requirements with MODU
 survival craft and    deepwater ports with      CFR.
 rescue boats?         Coast Guard regulations
                       for the survival craft
                       and rescue boat
                       requirements for Mobile
                       Offshore Drilling Units
                       (MODU) in 46 CFR
                       108.520-108.575.
Sec.   150.10 What    To ensure operations      Clarifies requirements
 are the general       manuals are subject to    for operations manual
 requirements for      continuous review and     review to enhance
 operations manuals?   reflect the deepwater     understanding of
                       port's actual             process.
                       operational profile,
                       the Coast Guard
                       proposes in Sec.
                       150.10(e) to establish
                       a five-year cycle for
                       the operator to re-
                       submit the operations
                       manual to the
                       Commandant (CG-5P) to
                       be re-reviewed and re-
                       approved. This 5-year
                       review cycle would
                       coincide with the
                       existing five-year
                       environmental baseline
                       reassessment
                       requirement found at
                       Sec.   150.15(bb).
Sec.   150.15 What    Specifies details of      Potential time and cost
 must the operations   operations manual         savings. Streamlines
 manual include?       including inclusion of    approval by ensuring
                       existing COA and          that manual meets
                       existing PMMP.            existing COA, MTSA, and
                       Describes the annual      PMMP/PHMSA
                       audit of deepwater port   requirements.
                       security plan and
                       clarifies scope of
                       audits audit to
                       modification.
                      Requires development of
                       a procedures manual for
                       pipelines incorporating
                       existing PHMSA
                       requirements.
                      Establishes requirement
                       for Sector Commander or
                       MSU Commander with COTP
                       and OCMI authority to
                       perform annual security
                       inspection and 5-year
                       security plan review.
Sec.   150.25 When    Clarifies responsibility  Enhances understanding
 will the Coast        of Sector Commander or    of process by
 Guard require         MSU Commander with COTP   clarifying
 amendments to the     and OCMI authority with   responsibilities of
 operations manual?    respect to operations     Coast Guard and other
                       manual amendments and     Federal agencies with
                       enables other Federal     regards to amendments
                       agencies to propose       to operations manual.
                       amendments to
                       operations manual.
Sec.   150.30 How     Adds new paragraph (a)    Enhances understanding
 may the licensee      to state that the         of process by
 propose an            applicant must provide    clarifying process for
 amendment to the      Commandant with a copy    amending operations
 operations manual?    of the proposed           manual and notifying
                       amendment. Commandant     MARAD.
                       would then notify MARAD
                       prior to approval of
                       significant changes to
                       the deepwater port's
                       operations.
Sec.   150.100 What   Adds language that        Enhances understanding
 are the               representatives from      of process by
 requirements for      other Federal agencies    clarifying that
 inspecting            can accompany Coast       representatives from
 deepwater ports?      Guard personnel during    other Federal agencies
                       an inspection.            can accompany Coast
                                                 Guard personnel during
                                                 an inspection.
Sec.   150.105 What   Clarifies the existing    Enhances understanding
 are the               procedures for            of process by
 requirements for      development and           clarifying the existing
 annual self-          approval of a deepwater   procedures for
 inspection?           port self-inspection      developing and
                       program by which          approving a self-
                       deepwater ports may,      inspection program.
                       prior to commencement
                       of operations, submit a
                       self-inspection program
                       to the responsible
                       Sector Commander or MSU
                       Commander with COTP and
                       OCMI authority for
                       consideration and
                       approval.
Sec.   150.107 What   Operator must notify      Formalizes current
 notice must be        Sector Commander or MSU   industry practice
 given in the event    Commander with COTP and   relating to notice of
 of inspections?       OCMI authority of         inspections.
                       Federal or State
                       inspection and retain
                       records of inspections.
Sec.   150.110 What   Operator must notify      Formalizes current
 are the               Sector Commander or MSU   industry practice
 notification          Commander with COTP and   relating to changes to
 requirements upon     OCMI authority of         classification.
 receipt of            changes to
 classification        classification status.
 society
 certifications?
Sec.   150.225 What   Describes basic safety    Clarifies existing
 training and          training requirements     regulatory requirements
 instruction are       for all employees.        for basic safety
 required?                                       training for all
                                                 employees.
Sec.   150.435 When   Allows continuation of    Potential cost savings
 are cargo transfers   cargo transfers during    due to flexibility in
 not allowed?          electrical storms if      continuing operations.
                       certain procedures are    Also, LNG ports must
                       used.                     maintain operations to
                                                 avoid possible
                                                 hazardous situations.

Sec.   150.830        Describes process for     Enhances understanding
 Reporting a           reporting oil pollution   of process by
 pollution incident.   incidents.                clarifying existing
                                                 regulatory requirements
                                                 for reporting oil
                                                 pollution incidents.
------------------------------------------------------------------------

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule will have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and government jurisdictions with populations of less than
50,000.
    There are three entities that operate existing deepwater ports.
LOOP is owned by a consortium of three multinational energy
corporations. The owners/operators of LOOP are not small; therefore,
LOOP exceeds the threshold for a small entity. Gulf Gateway and
Northeast Gateway are wholly owned by the second entity, which exceeds
the threshold for a small entity. The deepwater port Neptune LNG is
wholly owned by the third entity, which exceeds the threshold for a
small entity. The applicants of the five applications that were
withdrawn also exceed the threshold for a small entity. We assume that
any new deepwater port will not be a small entity given the history and
requirements for a new deepwater port. The North American Industry
Classification System (NAICS) codes and size standards for these
entities are found in Table 5.

   Table 5--NAICS Codes and Size Standard for Deepwater Port Operators
------------------------------------------------------------------------
                                                                 Size
    Count of companies                 NAICS Code              standard
                                                             (employees)
------------------------------------------------------------------------
1.........................  486110 Pipeline Transportation         1,500
                             of Crude Oil.
1.........................  424710 Petroleum Bulk Stations           100
                             and Terminals.
1.........................  211111 Oil and Gas Extraction..          500
2.........................  221210 Natural Gas Distribution          500
------------------------------------------------------------------------

No not-for-profit organizations are involved with deepwater ports.
Deepwater ports are beyond the boundary line and therefore beyond small
government jurisdiction. This proposed rule will not have an adverse
impact on small government entities.
    Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996,\19\ we want to assist small entities in
understanding this proposed rule so that they could better evaluate its
effects on them and participate in the rulemaking. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Kevin Tone, Deepwater Ports
Standards Division (CG-OES-4), email<EMAIL_ADDRESS>phone (202)
372-1441. The Coast Guard will not retaliate against the small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
---------------------------------------------------------------------------

    \19\ Public Law 104-121.
---------------------------------------------------------------------------

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 \20\ (PRA). Under OMB
regulations implementing the PRA, ``Controlling Paperwork Burdens on
the Public'' (5 CFR part 1320), ``collection of information'' means the
obtaining, soliciting, or requiring the disclosure to an agency of
information by or for an agency by means of identical questions posed
to, or identical reporting, recordkeeping, or disclosure requirements
imposed on, ten or more persons. ``Ten or more persons'' refers to the
number of respondents to whom a collection of information is addressed
by the agency within any 12-month period and does not include employees
of the respondent acting within the scope of their employment,
contractors engaged by a respondent for the purpose of complying with
the collection of information, or current employees of the Federal
government. Collections of information affecting ten or more
respondents within any 12-month period require OMB review and approval.
---------------------------------------------------------------------------

    \20\ 44 U.S.C. 3501-3520.
---------------------------------------------------------------------------

    This proposed rule comprises deepwater port application, operation,
and oversight procedures. The Coast Guard expects fewer than ten
entities in the natural gas industry would be affected by this rule
within any 12-month period because there are only four deepwater ports
currently in operation, and the Coast Guard does not expect to receive
ten or more applications in any future year because it has received
only eight applications in the last five years combined. Thus, we
expect to receive less than 10 applications per year; less than 10
submissions of design, construction, and equipment modification per
year; and less than 10 proposals to amend approved Operation Manuals
per year. Consequently, the number of respondents is less than the
threshold of ten respondents per 12-month period for collection of
information requirements under the PRA.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and

have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
    Congress conferred rulemaking authority on the Secretary of
Transportation to promulgate regulations to carry out the provisions of
the DWPA. Relating to deepwater port licenses, 33 U.S.C. 1504(a) states
that the Secretary ``shall . . . issue regulations to carry out the
purposes and provisions of [the DWPA] . . . Such regulations shall
pertain to, but need not be limited to, application, issuance,
transfer, renewal, suspension, and termination of licenses.'' As noted
above, when the Coast Guard was transferred to DHS, certain authorities
and functions that were delegated to the Coast Guard while operating as
a part of the Department of Transportation remained with the Coast
Guard after its transfer to DHS. As such, the Coast Guard retained its
delegated authority to establish the regulatory framework governing the
application and licensing process of deepwater ports. Although Congress
specifically provided for affected States to play a role in the
licensing process of deepwater ports, the authorities exercised by the
Coast Guard in this rulemaking do not involve those delineated State
roles or responsibilities as they establish the licensing procedures
themselves. Congress made clear in the language of the DWPA that the
authority to establish licensing procedures was reserved to the Coast
Guard and States may not regulate within this category. Therefore, the
proposed rule is consistent with the principles of federalism and
preemption requirements in Executive Order 13132.
    Additionally, the Coast Guard was granted the authority by
Congress, through delegation, to issue regulations to improve safety in
deepwater ports. 33 U.S.C. 1509(b) states that the Secretary ``shall
issue and enforce regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the promotion
of safety of life and property in any deepwater port and the waters
adjacent thereto.'' As this proposed rule revises provisions regarding
the construction, design, equipment, and operation of deepwater ports,
it falls within the scope of authority Congress granted exclusively to
the Secretary. This authority has been delegated to the Coast Guard and
is exercised in this rulemaking, and the States may not regulate within
these categories of construction, design, equipment and operation for
deepwater ports. Therefore, the proposed rule is consistent with the
principles of federalism and preemption requirements in Executive Order
13132.
    While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of
authority to issue regulations, the Coast Guard recognizes the key role
that State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule has implications
for federalism under Executive Order 13132, please contact the person
listed in the FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 \21\ 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
---------------------------------------------------------------------------

    \21\ 2 U.S.C. 1531-1538.
---------------------------------------------------------------------------

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this proposed rule under E.O. 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 E.O. 12866, it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under E.O.
13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act \22\ directs
agencies to use voluntary consensus standards in their regulatory
activities unless the agency provides Congress, through OMB, 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.
---------------------------------------------------------------------------

    \22\ Codified as a note to 15 U.S.C. 272.
---------------------------------------------------------------------------

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under DHS Management Directive
023-01 and Commandant Instruction M16475.lD, which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969,\23\ and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. A preliminary
environmental analysis checklist

supporting this determination is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. This action falls under section 2.B.2, figure
2-1, paragraph (34)(a) and involves regulations that are editorial or
procedural, such as those updating or establishing application
procedures. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
---------------------------------------------------------------------------

    \23\ 42 U.S.C. 4321-4370f.
---------------------------------------------------------------------------

List of Subjects

33 CFR Part 148

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

33 CFR Part 149

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

33 CFR Part 150

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 148, 149, and 150 as follows:

PART 148--DEEPWATER PORTS: GENERAL

0
1. The authority citation for part 148 continues to read as follows:

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

0
2. Revise Sec.  148.3 to read as follows:

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

    (a) Under delegations from the Secretary of Homeland Security and
the Secretary of Transportation, the Coast Guard and MARAD coordinate
with each other in processing applications for the issuance, transfer,
or amendment of a license for the construction and operation of a
deepwater port.
    (b) The Coast Guard is responsible for compliance with the National
Environmental Policy Act (NEPA), including, but not limited to,
preparation of the appropriate environmental documents (Environmental
Impact Statement, Environmental Assessment, and/or a State-required
Environmental Impact Report) for each deepwater port license
application. The Coast Guard also has authority over certain matters
relating to navigation safety and security, engineering and safety
standards and deepwater port inspections.
    (c) MARAD is responsible for issuing the Record of Decision to
announce whether a license application is approved, approved with
conditions, or denied, and for issuing, revoking, and reinstating
deepwater port licenses. MARAD also has authority over the approval of
fees charged by Adjacent Coastal States, and certain matters relating
to international policy, civil actions, and suspension or termination
of licenses.
    (d) The Secretary of Transportation has delegated to the
Administrator of the Pipeline Hazardous Materials and Safety
Administration (PHMSA) the authority to carry out the functions vested
in the Secretary under section 21 of the Deepwater Port Act relating to
the safe construction, operation, and maintenance of pipelines
associated with deepwater ports.
    (e) The Secretary of the Interior is responsible for determining
the fair market rental value of the subsoil and seabed of the Outer
Continental Shelf of the United States to be used by the deepwater
port, including, but not limited to, the fair market rental value of
the right-of-way necessary for the pipeline segment of the port located
on such subsoil and seabed. Any proposed subsuface storage of oil and
gas in the submerged lands of the Outer Continental Shelf is also
subject to the review and approval of the Secretary of the Interior. In
order to minimize potential impacts to existing facilities and protect
the development potential of nearby oil, gas, and mineral resources,
Bureau of Ocean Energy Management (BOEM) should also be involved in the
site selection process.
    (f) The Environmental Protection Agency (EPA), U.S. Army Corps of
Engineers, and other Federal agencies are designated as cooperating
agencies and support the Coast Guard and MARAD in the review and
evaluation of deepwater port license applications.
0
3. Amend Sec.  148.5 as follows:
0
a. Add a definition in alphabetical order for ``Accommodation module'';
0
b. Revise the definition for ``Construction'';
0
c. Add definitions in alphabetical order for ``Deepwater port'',
``Deepwater port security plan'', ``Engineering geological survey'',
0
d. Remove the definition for ``Engineering hydrographic survey'';
0
e. Add in alphabetical order a definition for ``Flexible riser and
umbilical'';
0
f. Revise the definition for ``Lease block'';
0
g. Add in alphabetical order definitions for ``Major conversion'' and
``Marine Safety Unit (MSU) Commander'';
0
h. Revise the definitions for ``Marine site'' and ``Maritime
Administration'';
0
i. Add in alphabetical order a definition for ``Mile'';
0
j. Revise the definitions for ``Operator'' and ``Person in Charge'';
0
k. Add in alphabetical order definitions for ``PIC'' and ``Pipeline'';
0
l. Revise the definition for ``Pipeline end manifold'';
0
m. Add in alphabetical order a definition for ``Prevention, monitoring
and mitigation program'';
0
n. Revise the definition for ``Safety zone'';
0
o. Add in alphabetical order a definition for ``Service space'';
0
p. Revise the definitions for ``Single point mooring oil transfer
system''; ``Single point mooring natural gas transfer system'';
0
q. Add in alphabetical order definitions for ``Service space'',
``Sleeping space'', and ``Submerged turret loading buoy''; and
0
r. Revise the definition for ``Vessel''.
    The additions and revisions read as follows;

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

    As used in this subchapter:
    Accommodation module means a module with one or more accommodation
spaces that is individually contracted and may be used for one or more
facilities.
* * * * *
    Construction means any activity incidental to building, repairing,
or expanding a deepwater port or any of its components, and includes
but is not limited to supervision, inspection, actual building,
fabrication, laying of pipe, pile driving, bulk heading, alteration,
modification, commissioning, and additions to the deepwater port.
* * * * *
    Deepwater port. (1) Means any fixed or floating manmade structure
other than a vessel, or any group of structures, located beyond State
seaward boundaries that are used or are intended for use as a port or
terminal for the transportation, storage, or further handling of oil or
natural gas for transportation to or from any State, except as
otherwise provided in the Deepwater Port Act of 1974, as amended, and
for other uses not inconsistent with the purposes of the Deepwater
Ports Act, including transportation of oil or natural gas from the
United States' OCS;

    (2) Includes all components and equipment, including pipelines,
pumping stations, service platforms, buoys, mooring lines, and similar
facilities, to the extent that they are located seaward of the high
water mark;
    (3) Includes, in the case of natural gas, all components and
equipment, including pipelines, pumping or compressor stations, service
platforms, buoys, mooring lines, and similar facilities which are
proposed and/or approved for construction and operation as part of the
deepwater port, to the extent that they are located seaward of the high
water mark and do not include interconnecting facilities; and
    (4) Must be considered a ``new source'' for purposes of the Clean
Air Act, as amended (codified at 42 U.S.C. 7401 et seq.), and the
Federal Water Pollution Control Act, as amended (codified at 33 U.S.C.
1251 et seq.).
    Deepwater port security plan or DPSP means the plan developed to
ensure the implementation of security measures, at each Maritime
Security Level defined in 33 CFR 101.105, to protect the deepwater port
and its servicing vessels or those vessels interfacing with the
deepwater port, and any cargoes and persons on board the port or
vessels.
* * * * *
    Engineering geological survey means a detailed geological analysis
of seabed soil samples performed to determine the physical
composition--for example the mineral content--and structural integrity
for the installation of offshore components and structures.
    Flexible riser and umbilical refer to the parts of a single point
mooring system and include the flexible product transfer and control
system from the submerged turret loading (STL) buoy to a pipeline end
manifold (PLEM).
* * * * *
    Lease block means an area established either by the Secretary of
the Interior under 43 U.S.C. 1334, or by a State under 43 U.S.C. 1311.
* * * * *
    Major conversion means a conversion that the Commandant (CG-5P)
determines will result in a substantial change to the deepwater port's
type or essence, dimensions, carrying capacity (if a floating deepwater
port), processing equipment, or expected useful lifespan.
* * * * *
    Marine Safety Unit (MSU) Commander means the same as the definition
in 33 CFR 3.01-1(d)(2).
    Marine site means the area in which the deepwater port is located,
including, but not limited to, the safety zone and all areas seaward of
the high water mark in which associated components and equipment of the
deepwater port are located.
    Maritime Administration or MARAD means the Administrator of the
Maritime Administration or that person's designees, and includes the
Associate Administrator for Intermodal System Development, Maritime
Administration, or that individual's authorized representative, at 1200
New Jersey Avenue SE., Washington, DC 20590, telephone<PHONE_NUMBER>.
* * * * *
    Mile means nautical mile.
* * * * *
    Operator means the licensee or the licensee's designee.
* * * * *
    Person in charge, when used without the abbreviation ``PIC,'' means
a person in charge of an operation other than transfer operations.
    PIC means an individual designated as a person in charge of
transfer operations under 33 CFR 154.710 for oil facilities or 33 CFR
127.301 for liquefied natural gas (LNG) facilities.
* * * * *
    Pipeline means the pipeline portion of a deepwater port downstream
of the last valve, and associated safety equipment, on the pipeline end
manifold (PLEM). On deepwater ports with multiple mooring stations, the
term includes the flow line or gathering line between each PLEM.
    Pipeline end manifold or PLEM means the deepwater port process
skids containing the valves, controls, and instrumentation downstream
of the mooring equipment. The PLEM is normally subsea and will normally
include the last downstream valve prior to the deepwater port pipeline.
* * * * *
    Prevention, monitoring, and mitigation program or PMMP means a
post-licensing, performance-based process to evaluate the effectiveness
of preventing or mitigating environmental impacts from deepwater port
construction and operations, and including the development of a pre-
construction monitoring baseline with subsequent periodic evaluations
to determine if and when improvements to the program must be
incorporated.
* * * * *
    Safety zone means a safety zone established around a deepwater port
under part 150, subpart J, of this chapter and extending up to 500
meters (approximately 1,640 feet) around the deepwater port, measured
from each point on its outer edge or from its construction site, except
as authorized by generally accepted international standards or as
recommended by the International Maritime Organization but not
interfering with the use of recognized sea lanes.
    Service space means a space used for a galley, a pantry containing
cooking appliances, a storeroom, or a workshop other than those in
industrial areas, and trunks to those spaces.
* * * * *
    Single point mooring oil transfer system or SPM-OTS means the part
of the oil transfer system from the pipeline end manifold to the end of
the hose string that connects to the tanker's manifold. This is not
part of a submerged turret loading-single point mooring (STL-SPM)
system.
    Single point mooring natural gas transfer system or SPM-NGTS means
the part of the natural gas transfer system from the pipeline end
manifold to the end of the hose string that connects to the tanker's
manifold. This is not part of a submerged turret loading-single point
mooring (STL-SPM) system.
    Sleeping space means a space provided with bunks for sleeping.
* * * * *
    Submerged turret loading buoy or STL buoy means a loading buoy
connected to the riser and umbilical that is pulled into a tanker's
receiving cone for the transfer of oil or natural gas.
* * * * *
    Vessel means every description of watercraft or artificial
contrivance used or capable of being used as a means of transportation
on or through the water.
0
4. Amend Sec.  148.8 as follows:
0
a. In paragraph (a), add a sentence at the end of the paragraph; and
0
b. In paragraph (b) introductory text, remove the words ``may be made
at any time after the Maritime Administration issues a record of
decision approving the application, and''.
    The addition reads as follows:

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

    (a) * * * Applicants may, with Commandant (CG-5P) approval,
nominate a CE before the Maritime Administration issues a Record of
Decision.
* * * * *
0
5. Amend Sec.  148.105 by:
0
a. Revising paragraphs (g)(1)(i), (g)(2)(iii), (i)(1), and (j)
introductory text;
0
b. Adding paragraphs (j)(1), (j)(1)(i), (j)(1)(ii), and (j)(2);
0
c. Revising paragraphs (k)(1) introductory text, (m)(1)(i),
(m)(1)(iii), and (m)(2);
0
d. Adding paragraphs (m)(3) and (4);

0
e. Revising paragraphs (n) introductory text, (s)(6)(iv), (t)
introductory text, (y), and (z); and
0
f. Adding paragraph (ff).
    The revisions and additions read as follows:

Sec.  148.105  What must I include in my application?

* * * * *
    (g) * * *
    (1) * * *
    (i) Annual financial statements, audited by an independent
certified public accountant, for the previous 3 years, including, but
not limited to, an income statement, balance sheet, and cash flow
statement with footnote disclosures prepared according to U.S.
Generally Accepted Accounting Principles; provided, however, that
MARAD, in consultation with the Commandant (CG-5P), may waive this
requirement upon finding:
* * * * *
    (2) * * *
    (iii) A preliminary estimate of the cost of removing all of the
deepwater port marine components, including pipelines that lie beneath
the seabed. The licensee of a deepwater port is responsible for the
costs associated with removal of all deepwater port components. Should
a license be granted, MARAD will require a bond, guarantee, or other
financial instrument to cover the complete cost of decommissioning as a
condition of the license.
* * * * *
    (i) * * *
    (1) Evidence, to the extent available, that the requirements of 33
U.S.C. 1341(a)(1) will be satisfied. If complete information is not
available by the time MARAD must either approve or deny the application
under 33 U.S.C. 1504(i)(1), the license for the deepwater port will be
conditioned upon the applicant demonstrating that the requirements of
33 U.S.C. 1341(a)(1) will be satisfied.
* * * * *
    (j) Coastal zone management. (1) The application must be
accompanied by a completed consistency certification that the proposed
activity complies with, and will be conducted in a manner consistent
with, each affected state's Coastal Management Program. This
certification must include--
    (i) The statement: ``The proposed activity complies with the
enforceable policies of [NAME OF AFFECTED STATE]'s approved management
program and will be conducted in a manner consistent with such
program.''; and
    (ii) A copy of the environmental evaluation required by Sec.
148.105(z) of this part; and
    (2) At the time of submitting the application, the applicant must
also furnish to the appropriate agency of each State where the proposal
may affect a coastal use or resource, a copy of the certification
requesting concurrence with the consistency certification. Complete
procedures for providing data for the consistency certification are
specified at 15 CFR part 930, subpart D.
    (k) Identification of lease block. (1) Identification of each lease
block where any part of the proposed deepwater port or its approaches
is located. This identification must be made on official Outer
Continental Shelf leasing maps or protraction diagrams, where
available. Each map and diagram must be certified by a professional
surveyor, or, in the alternative, the applicant must provide an
equivalent means of certifying accuracy. For each lease block, provide
the following:
* * * * *
    (m) * * *
    (1) * * *
    (i) Fixed and floating structures and associated components seaward
of the high water mark;
* * * * *
    (iii) Proposed anchorage and mooring areas, including areas
associated with construction and pipelaying operations;
    (2) A reconnaissance hydrographic survey of the proposed marine
site. This survey should provide data on the water depth, cultural
resources, and a general characterization of the sea bottom. A
requirement to submit a reconnaissance hydrographic survey of the final
marine site will be imposed as a condition in the license. The
applicant may submit existing data, gathered within the previous 5
years (or within a longer timeframe if approved by the Commandant (CG-
5P)), but it must be supplemented by field data for the specific
locations in which a high degree of variability exists;
    (3) Meteorological/oceanographic (``MetOcean'') data. This should
include prevailing winds, currents, waves and storms in the vicinity of
the proposed marine site; and
    (4) Vessel traffic data. At least one year of vessel traffic data
from the most recent year's data, if available, in the vicinity of the
proposed marine site.
    (n) Engineering geological survey data. An initial preliminary
analysis of the general character and condition of the ocean bottom and
sub-bottom, soils and sediments throughout the marine site, and, if
applicable, soils and topography throughout the terrestrial site. If
the applicant proposes to use horizontal directional drilling (HDD),
the initial preliminary analysis must include a study addressing the
feasibility of HDD in the proposed HDD location. The applicant may use
existing data, so long as it was collected within the last 5 years (or
within a longer timeframe if approved by the Commandant (CG-5P)) and
continues to provide accurate information about conditions throughout
the site. If not, a new survey must be completed to provide
supplemental data. The analysis must include an opinion by a registered
professional specializing in soil mechanics, such as a registered
professional engineer or an equivalent means of certifying accuracy,
concerning:
* * * * *
    (s) * * *
    (6) * * *
    (iv) Any associated equipment, including equipment for oil or
natural gas regasification, throughput measuring, leak detection,
emergency shutdown, and the alarm system.
* * * * *
    (t) Information on offshore pipelines. To facilitate timely
processing of an application, applicants are encouraged to consult with
PHMSA to verify the requirements for the design, construction,
operation and maintenance of pipelines prior to submitting an
application, which must include the following:
* * * * *
    (y) Risk and consequence assessment. The applicant must submit a
site-specific risk and consequence assessment to assess the risks and
consequences of accidental and intentional events that compromise cargo
containment. The applicant may consult with the Commandant (CG-5P) to
ensure that appropriate assessment procedures are used. If the Coast
Guard determines that an independent risk and consequence assessment is
necessary, the Coast Guard may require the applicant to provide
additional data in order to support an independent, site-specific
analysis. The Coast Guard may use an approved third party to analyze
the applicant provided data for impact on the public, property, and the
environment including, but not limited to, potential events that result
in a liquefied natural gas or oil spill, vapor dispersion and/or fire.
The Coast Guard-approved third party will use validated models, for
example, computational fluid dynamics, or an equivalent model.
    (z) Environmental evaluation. An analysis, sufficient to meet the

requirements of the National Environmental Policy Act, and as outlined
in subpart H of this part, of the potential impacts on the natural and
human environments, including sufficient information that complies with
all applicable Federal, tribal, and State requirements for the
protection of the environment. The analysis must identify a reasonable
range of alternatives to the proposed action including, but not limited
to, deepwater port location, pipeline route and landfall, construction
methods, deepwater port design, and technologies used during operation.
* * * * *
    (ff) MARPOL 73/78 requirements for certification as Reception
Facility for Oil, Noxious Liquid Substances, and Garbage. The deepwater
port license applicant must include an application for a Certificate of
Adequacy (COA) as defined in 33 CFR 158.120 or a written waiver
justifying why compliance with the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 relating to that Convention, or MARPOL 73/78, is unreasonable
or impracticable.
0
6. Revise Sec.  148.107 to read as follows:

Sec.  148.107  What happens if I supplement my application?

    (a) The Commandant (CG-5P), in coordination with MARAD, may require
the applicant, or the applicant's affiliates, to file as a supplement
to the application any analysis, explanation, or other information the
Commandant (CG-5P) deems necessary to process the application.
    (b) The Commandant (CG-5P), in coordination with MARAD, may require
the applicant, or the applicant's affiliates, to make available for
Coast Guard or MARAD examination, under oath or for interview, persons
having, or believed to have, necessary information.
    (c) If information under paragraph (a) or (b) of this section is
required, the Commandant (CG-5P), with input from the applicant, will
determine if that required supplemental information can be provided in
a timeframe necessary to meet the Act's timeline for processing the
application. If the information under paragraph (a) or (b) cannot be
provided in that timeframe, the Commandant (CG-5P), in consultation
with MARAD, may suspend the timeline for processing the application
until the Commandant (CG-5P) receives that information and deems it to
be adequate.
    (d) The deadline for the Administrator's review of an application
under the Act is extended for a period of time equal to the total
number of days of all suspensions made under paragraph (c) of this
section.
    (e) If information under paragraph (a) or (b) of this section is
required, and the Commandant (CG-5P) determines that reasonable
progress is not being made to supply that information, the Commandant
(CG-5P) may recommend to MARAD to either suspend processing of the
application indefinitely or to treat the application as withdrawn in
accordance with Sec.  148.283 of this part.

Sec.  148.125  [Amended]

0
7. Amend Sec.  148.125(c) by adding the words ``and additional
environmental analysis'' after the words ``operations manual''.

Sec.  148.207  [Amended]

0
8. Amend Sec.  148.209 by revising paragraph (a) to read as follows:

Sec.  148.209  How is the application processed?

* * * * *
    (a) Each Federal agency with jurisdiction over any aspect of
ownership, construction, or operation of deepwater ports; and
* * * * *
0
9. Revise Sec.  148.211 to read as follows:

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

    (a) If at any time before MARAD approves or denies an application,
the information in it changes, becomes incomplete, or becomes
inaccurate, the applicant must promptly submit the changes, additional
information, or necessary corrections in the manner set forth in Sec.
148.115 of this part.
    (b) The Coast Guard may determine that the change or required
information is of such magnitude that it warrants submission of an
amended or, in some cases, a completely revised application. The
Commandant (CG-5P), in consultation with MARAD, will determine if the
change is of such a magnitude as to require reopening of the scoping
process or otherwise warrant the opportunity for additional public
comment on the proposed action.
0
10. Add Sec.  148.214 to read as follows:

Sec.  148.214  May I resubmit my application?

    With the approval of MARAD, in consultation with the Commandant
(CG-5P), an applicant may resubmit a previously withdrawn application
in accordance with subpart B of this part. The Commandant (CG-5P) may
waive such subpart B requirements as the Commandant (CG-5P) deems
appropriate. Where the application was previously denied, or withdrawn
due to concerns raised by either MARAD or the governor of an Adjacent
Coastal State, the resubmission must be accompanied by a memorandum in
which the applicant shows clearly how the application has been revised
to address those reasons for denial or concerns.

Sec.  148.215  [Amended]

0
11. Amend Sec.  148.215 as follows:
0
a. Redesignate paragraph (d) as paragraph (c)(5); and
0
b. In newly redesignated paragraph (c)(5), after the words
``determination that the'', add the words ``proposed deepwater''.
0
12. Amend Sec.  148.217 by revising paragraphs (b)(1), (c), and (d) to
read as follows:

Sec.  148.217  How can a State be designated as an Adjacent Coastal
State?

* * * * *
    (b) * * *
    (1) Be submitted in writing to MARAD within 14 days after the date
of publication of the notice of application in the Federal Register;
* * * * *
    (c) Upon receipt of a request, MARAD will send a copy of the
State's request to the Administrator of the National Oceanic and
Atmospheric Administration (NOAA) and ask for the Administrator's
recommendations within an amount of time that will allow MARAD, in
consultation with the Commandant (CG-5P), 45 days from receipt of the
request to determine the matter.
    (d) If after receiving NOAA's recommendations, MARAD determines
that the State should be considered an Adjacent Coastal State, MARAD,
in consultation with the Commandant (CG-5P), will so designate it. If
MARAD, in consultation with the Commandant (CG-5P), denies the request,
he or she will notify the requesting State's Governor of the denial.

Sec.  148.222  [Amended]

0
13. Amend Sec.  148.222(b) by removing the words ``The Commandant (CG-
5) or the MARAD Administrator'' and adding, in their place, the words
``MARAD, in coordination with the Commandant (CG-5P),''.
0
14. Revise Sec.  148.228 to read as follows:

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

    After all public meetings under Sec.  148.222 of this part are
concluded, MARAD, in consultation with the Commandant (CG-5P), will
consider whether there are one or more specific and material factual
issues that may be resolved by a formal evidentiary hearing. If it is
determined that a formal

evidentiary hearing is necessary, the hearing will be conducted in
accordance with 5 U.S.C. 554, in accordance with procedures prescribed
by MARAD.

Sec. Sec.  148.230, 148.232, 148.234, 148.236, 148.238, 148.240,
148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and
148.256  [Removed and Reserved]

0
15. Remove and reserve Sec. Sec.  148.230 148.232, 148.234, 148.236,
148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252,
148.254, and 148.256.
0
16. Revise Sec.  148.276 to read as follows:

Sec.  148.276  What is the timeline for approving or denying an
application?

    (a) In 33 U.S.C. 1504, the Act provides strict timelines for action
on a license application, which, if closely observed, can lead to
action in just under 1 year. The Coast Guard, with the concurrence of
MARAD, may suspend the timeline if an applicant fails to provide timely
information or requests additional time to comply with a request, as
described in Sec.  148.107 of this part.
    (b) The timeline for action on a license application includes
publishing a notice of application. A notice of application is
published after it has been determined that the application contains
sufficient material for processing the application. The Coast Guard and
MARAD must conduct a public hearing in each Adjacent Coastal State
within 240 days of publishing the notice.
    (c) After the final environmental impact statement is published,
MARAD will hold a final public hearing in each Adjacent Coastal State.
MARAD issues a Record of Decision (ROD) approving or denying a license
application within 90 days after the final public hearing. Actual
issuance of a license may not take place until certain conditions
imposed by the ROD have been met. Those conditions may include how the
applicant must address design, construction, installation, testing,
operations, and decommissioning of the deepwater port, or meet the
requirements of other agencies.
0
17. Amend Sec.  148.277 by adding paragraph (d) to read as follows:

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

* * * * *
    (d) Approvals or disapprovals of the application from the governors
of Adjacent Coastal States will be accepted by MARAD only within the
45-day period after the close of the final public hearing on the
application, and not before the final public hearing. If the governor
fails to transmit his or her approval or disapproval to MARAD not later
than 45 days after the last public hearing, such approval will be
conclusively presumed.

Sec.  148.281  [Amended]

0
18. Amend Sec.  148.281(b)(1) by removing the letter ``G'' after the
word ``subpart'' and adding, in its place, the letter ``H''.
0
19. Revise Sec.  148.283 to read as follows:

Sec.  148.283  When may the application process be stopped and an
application be treated as withdrawn?

    (a) The Commandant (CG-5P) may recommend to MARAD that an
application be treated as withdrawn before the application is approved
or denied if--
    (1) The application is withdrawn before MARAD approves it; or
    (2) The application is incomplete, and the applicant does not
respond to a request by the Commandant (CG-5P) for further information,
as per Sec.  148.107 of this part.
    (b) The Commandant (CG-5P) and MARAD will provide joint written
notice to the applicant of an action taken under this section.

Sec.  148.405  [Amended]

0
20. Amend Sec.  148.405(c)(2) as follows:
0
a. After the word ``limits'', remove the symbol ``,''; and
0
b. After the word ``explosives'', add the words ``, per the applicable
guidance for geological and geophysical surveys prescribed by the
Bureau of Ocean Energy Management (BOEM)''.

Subpart G--[Redesignated as Subpart H]

0
21. Redesignate subpart G, consisting of Sec. Sec.  148.700 through
148.737, as subpart H.
0
22. Add new subpart G entitled ``Subpart G--Oil Pollution Act of 1990
Limits of Liability for Deepwater Ports'' and move Sec. Sec.  148.600
and 148.605 from subpart F to new subpart G and revise them to read as
follows:
Subpart G--Oil Pollution Act of 1990 Limits of Liability for Deepwater
Ports

Sec.  148.600  Where can I find the Oil Pollution Act of 1990 (OPA 90)
limits of financial liability for deepwater ports?

    The OPA 90 limits of liability for deepwater ports are set forth in
33 CFR 138.230(b). The limits of liability in that section are adjusted
periodically for significant increases in the Consumer Price Index, in
accordance with 33 U.S.C. 2704(d)(4) and the procedures in 33 CFR
138.240. The limits of liability may also be adjusted under 33 U.S.C.
2704(d)(2) and the procedures in Sec.  148.605 of this subpart.

Sec.  148.605  What are the procedures under OPA 90 for adjusting a
deepwater port's limit of liability under 33 U.S.C. 2704(d)(2)?

    (a) Upon an applicant's or licensee's request, the Coast Guard may
lower the generally applicable OPA 90 limit of liability for deepwater
ports in 33 CFR 138.230(b)(1). The Coast Guard may do so under 33
U.S.C. 2704(d)(2) on a port by-port-basis, after evaluating a spill
risk analysis and an economic analysis. Adjustments to a deepwater
port's limit of liability are established by a rulemaking that allows
for public notice and comment, and if approved, will be codified at 33
CFR 138.230(b)(2).
    (b) The limit of liability of a deepwater port will not be reduced
to less than $50 million, and may be increased following a reduction,
as the Coast Guard deems appropriate, if the design, construction, or
operation of the deepwater port changes, or if oil spill incidents
related to the deepwater port, or to deepwater ports generally,
indicate that a higher limit is needed.
    (c) Requests to adjust the limit of liability for a deepwater port
under this subpart must be submitted to the Commandant (CG-5P).
Requests to adjust the limits of liability may be submitted with a
license application or upon receipt of a license from MARAD to
construct and operate the proposed deepwater port. If the request for
adjustment is submitted with the license application, no action will be
taken on the request until MARAD issues a license to construct and
operate the proposed deepwater port.
    (d) Requests to adjust the limit of liability under this subpart
must include a risk analysis of the deepwater port to determine its
maximum probable oil discharge and an economic analysis to determine
the OPA 90 responsible party removal costs and OPA 90 removal costs and
damages for which the responsible party is liable under 33 U.S.C. 2702
that could result from such a spill.
    (1) The risk analysis must, as applicable, consider the following
factors:
    (i) Deepwater port oil handling, storage, transfer, and
transportation capacity and practices.
    (ii) Type of oil handled.
    (iii) Physical layout and condition of the deepwater port.
    (iv) On-site oil spill response capability.
    (v) Oil spill history of the deepwater port.
    (vi) The pipeline oil leak detection system.

    (vii) Section-by-section pipeline analysis of credible oil spill
scenarios.
    (viii) Other oil spills for which the deepwater port might be
solely or jointly liable (such as tanker spills).
    (2) The economic analysis must, as applicable, consider the
following factors for the maximum credible spill:
    (i) Spill trajectories.
    (ii) Potential responsible party removal costs.
    (iii) Potential removal costs and damages for which the responsible
party is liable under 33 U.S.C. 2702.

Subpart H--Environmental Review Criteria for Deepwater Ports

0
23. Amend Sec.  148.707 as follows:
0
a. Revise the section heading and paragraph (b) introductory text;
0
b. In paragraph (b)(1)(i), before the word ``endangered'', add the
words ``threatened and'', and after the word ``species'', add the words
``and critical habitats'';
0
c. In paragraph (b)(1)(iii), remove the word ``sanctuaries'' and add,
in its place, the words ``protected areas'';
0
d. In paragraph (b)(1)(vii), remove the word ``and'';
0
e. In paragraph (b)(1)(viii), remove the symbol ``.'', and add, in its
place, the symbol ``;''; and
0
f. Add paragraphs (b)(1)(ix) and (x).
    The revisions and additions read as follows:

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

* * * * *
    (b) The environmental evaluation will be applied to the phases of
construction, operation, and decommissioning of the proposed action and
alternatives. Alternatives must consider alternate siting of the
deepwater port as well as different technologies and pipeline routes.
The evaluation will assess:
    (1) * * *
    (ix) Marine, coastal, and migratory birds; and
    (x) Marine mammals and fisheries.
* * * * *

Sec.  148.715  [Amended]

0
24. Amend Sec.  148.715 as follows:
0
a. In the introductory text, remove the word ``reasonable'' and add, in
its place, the words ``a reasonable range of'';
0
b. In paragraph (a), after the word ``assessment'' and before the
comma, add the words ``including, but not limited to, geographic
relevance, age of data used (generally no more than 5 years at the time
of submission) and methods of data analysis''; and
0
c. In paragraph (a), remove the text ``; and'' and add, in its place a
period.

Sec.  148.720  [Amended]

0
25. Amend Sec.  148.720(k) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec.  148.725  [Amended]

0
26. Amend Sec.  148.725 introductory text by removing the word
``reasonable'' and adding, in its place, the words ``a reasonable range
of''.

Sec.  148.730  [Amended]

0
27. Amend Sec.  148.730 as follows:
0
a. In the introductory text, remove the word ``reasonable'' and add, in
its place, the words ``a reasonable range of''; and
0
b. In paragraph (a), remove the words ``from appropriate State agencies
for any designated Adjacent Coastal State'' and add, in its place, the
words ``described in Sec.  148.105(j) of this part''.

Sec.  148.735  [Amended]

0
28. Amend Sec.  148.735 introductory text by removing the word
``reasonable'' and adding, in its place, the words ``a reasonable range
of''.
0
29. Revise Sec.  148.737 to read as follows:

Sec.  148.737  What environmental statutes must an applicant follow?

    In constructing and operating a deepwater port, the deepwater port
must comply with all applicable Federal, State, and tribal
environmental statutes and Executive Orders (E.O.s). For the purposes
of information only, a non-exhaustive list of Federal environmental
statutes and E.O.s is available online via a Coast Guard Web site:
http://www.uscg.mil/hq/cg5/cg522/cg5225/.

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

0
30. The authority citation for part 149 continues to read as follows:

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

Sec. Sec.  149.306-149.315  [Removed and Reserved]

0
31. Remove and reserve Sec. Sec.  149.306 through 149.315.

Sec. Sec.  149.100-149.700  [Redesignated]

0
32. Redesignate Sec. Sec.  149.100 through 149.700 as shown in the
following table:

------------------------------------------------------------------------
      Old section, old subpart             New section, new subpart
------------------------------------------------------------------------
              149.100, B                            149.100, C
              149.103, B                            149.105, C
              149.105, B                            149.110, C
              149.110, B                            149.115, C
              149.115, B                            149.120, C
              149.120, B                            149.125, C
              149.125, B                            149.130, C
              149.130, B                            149.135, C
              149.135, B                            149.140, C
              149.140, B                            149.64, B
              149.145, B                            149.150, C
               149.300, C                          149.200, D
               149.301, C                          149.201, D
               149.302, C                          149.202, D
               149.303, C                          149.203, D
               149.304, C                          149.204, D
               149.305, C                          149.205, D
               149.316, C                          149.207, D
               149.317, C                          149.208, D
               149.318, C                          149.209, D
               149.319, C                          149.210, D
               149.320, C                          149.211, D
               149.321, C                          149.212, D
               149.322, C                          149.213, D
               149.323, C                          149.214, D
               149.324, C                          149.215, D
               149.325, C                          149.216, D
               149.326, C                          149.217, D
               149.327, C                          149.218, D
               149.328, C                          149.219, D
               149.329, C                          149.220, D
               149.330, C                          149.221, D
               149.331, C                          149.222, D
               149.332, C                          149.223, D
               149.333, C                          149.224, D
               149.334, C                          149.225, D
               149.335, C                          149.226, D
               149.336, C                          149.227, D
               149.337, C                          149.228, D
               149.338, C                          149.229, D
               149.339, C                          149.230, D
               149.340, C                          149.231, D
              149.400, D                           149.300, E
              149.401, D                           149.301, E
              149.402, D                           149.302, E
              149.403, D                           149.303, E
              149.404, D                           149.304, E
              149.405, D                           149.305, E
              149.406, D                           149.306, E
              149.407, D                           149.307, E
              149.408, D                           149.308, E
              149.409, D                           149.309, E
              149.410, D                           149.310, E
              149.411, D                           149.311, E
              149.412, D                           149.312, E
              149.413, D                           149.313, E
              149.414, D                           149.314, E
              149.415, D                           149.315, E
              149.416, D                           149.316, E
              149.417, D                           149.317, E
              149.418, D                           149.318, E
              149.419, D                           149.319, E
              149.420, D                           149.320, E
              149.421, D                           149.321, E
              149.500, E                           149.400, F
              149.505, E                           149.405, F
              149.510, E                           149.410, F
              149.520, E                           149.420, F
              149.535, E                           149.435, F
              149.540, E                           149.440, F
              149.550, E                           149.450, F
              149.560, E                           149.460, F
              149.565, E                           149.465, F
              149.570, E                           149.470, F
              149.575, E                           149.475, F
              149.580, E                           149.480, F
              149.585, E                           149.485, F
              149.600, F                            149.50, B

              149.610, F                            149.20, A
              149.615, F                            149.51, B
              149.620, F                            149.53, B
              149.625, F                            149.52, B
              149.640, F                            149.60, B
              149.641, F                            149.61, B
              149.655, F                            149.62, B
              149.660, F                            149.63, B
              149.665, F                            149.65, B
              149.670, F                            149.66, B
              149.675, F                            149.67, B
              149.680, F                            149.68, B
              149.685, F                            149.69, B
              149.690, F                            149.70, B
              149.691, F                            149.71, B
              149.692, F                            149.72, B
              149.693, F                            149.73, B
              149.694, F                            149.74, B
              149.695, F                            149.75, B
              149.696, F                            149.76, B
              149.697, F                            149.77, B
              149.700, F                            149.78, B
------------------------------------------------------------------------

0
33. Revise Sec.  149.5 to read as follows:

Sec.  149.5  What definitions apply to this part?

    Definitions applicable to this part appear in 33 CFR 148.5.

Sec.  149.15  [Removed and Reserved]

0
34. Remove and reserve Sec.  149.15.

Sec.  149.20  [Amended]

0
35. In newly redesignated Sec.  149.20, paragraph (a), after the text
``(SPM)'', add the words ``, or submerged turret loading (STL) buoy''.
0
36. Revise the heading of subpart B to read as follows:

Subpart B--Design, Construction, Operations, and Equipment

Sec.  149.50  [Amended]

0
37. Amend newly redesignated Sec.  149.50 by adding the words ``the
design, construction, operations, and'' after the words ``requirements
for'', and by removing the words ``and design'' after the word
``equipment''.

Sec.  149.51  [Amended]

0
38. Amend newly redesignated Sec.  149.51(b) by adding the words ``in
the U.S., or an engineer possessing equivalent qualifications in a
foreign country as approved by the Commandant (CG-5P),'' after the
words ``professional engineer''.
0
39. Amend newly redesignated Sec.  149.52 as follows:
0
a. In paragraph (b), after the text ``(CG-5P)'' add the words ``or the
accepted certifying entity''; and
0
b. Add paragraph (d).
    The addition reads as follows:

Sec.  149.52  What are the design standards?

* * * * *
    (d) The appropriateness of the design of a deepwater port, or its
components, may be shown by its compliance with standards generally
used within the offshore industry that are at least equivalent to rules
established by any recognized classification society as defined in 46
CFR 8.100. Based on the design, complexity, and location of a deepwater
port, the Commandant (CG-5P) will determine, in coordination with the
applicant or licensee, as appropriate, the components to be included in
classification society certification or classification certificate.
This coordination should start early in the process, especially in the
case of manned fixed or floating structures.
0
40. Add Sec.  149.54 to read as follows:

Sec.  149.54  What is the process for submitting alterations and
modifications affecting the design, construction, and operations of a
deepwater port?

    (a) Alterations and modifications affecting the design and
construction of a deepwater port must be submitted to the Commandant
(CG-5P) for review and approval if--
    (1) A license has not yet been issued; or
    (2) A license has been issued but the deepwater port has not
commenced operations; or
    (3) The alterations and modifications are deemed a major
conversion; or
    (4) The alterations or modifications substantially change the
manner in which the deepwater port operates or are not in accordance
with a condition of the license.
    (b) All other alterations and modifications to the deepwater port
must be submitted to the Sector Commander, or MSU Commander with COTP
and OCMI authority for review and approval.
    (c) Approval for alterations and modifications proposed after a
license has been issued will be contingent upon whether the proposed
changes will affect the way the deepwater port operates, or any
conditions imposed in the license.
    (d) The licensee is not authorized to proceed with alterations
prior to approval from the Commandant (CG-5P) for the conditions
outlined in paragraph (a) and for approval by the cognizant Sector
Commander, or MSU Commander with COTP and OCMI authority as required in
paragraph (b) of this section.
    (e) During the review and approval process of a proposed alteration
or modification, the Commandant (CG-5P) may consult with the Marine
Safety Center and cooperating Federal agencies possessing relevant
technical expertise.
0
41. Add Sec.  149.57 to read as follows:

Sec.  149.57  What is the review and approval process for the design,
construction, and commissioning for Deepwater Ports for operation?

    (a) The Coast Guard is responsible for ensuring that all aspects of
a deepwater port are in compliance with appropriate standards and
requirements. The Coast Guard review of a proposed deepwater port ends
at, and includes, the last downstream valve of the pipeline end
manifold (PLEM) for each single point mooring-oil transfer system (SPM-
OTS) or single point mooring-natural gas transfer system (SPM-NGTS)
(last downstream valve prior to connecting to a pipeline). The main gas
transmission lines to shore or to offshore pipeline infrastructure, and
the flowlines or gathering lines connecting multiple SPM-OTSs or SPM-
NGTSs, fall under the jurisdiction of PHMSA.
    (b) The Commandant (CG-5P) will coordinate the review and approval
for operations for the Coast Guard and other Federal and State agencies
as necessary.
    (c) Depending on project complexity, construction, and installation
timing, the Commandant (CG-5P) will determine, with input from the
licensee, when the review process should be initiated and when the
certifying entity (CE), if used, should be nominated, approved and
engaged. The CE may also be the classification society being used as
described in 33 CFR 149.52(d).
    (d) Final approval to commence commissioning and operations of the
deepwater port will come from the Commandant (CG-5P). This approval may
contain additional conditions that must be satisfied once the deepwater
port is operational. Once Commandant (CG-5P) has granted the deepwater
port clearance to operate, the Sector Commander, or MSU Commander with
COTP and OCMI authority will exercise day to day oversight.
0
42. Add Sec.  149.58 to read as follows:

Sec.  149.58  What is the role of the certifying entity in the review
and approval process for the design, construction, and commissioning
for Deepwater Ports for operation?

    (a) A certifying entity (CE), contracted by the licensee but under
the direction of and acting for the Coast Guard, may assist in the
review and verification of each phase (i.e., the design, construction,
and operations) of a deepwater port. If a CE is used, the CE's review
must include a recommendation to the Commandant (CG-5P) on the
sufficiency of a deepwater port's design basis and selected drawings,
plans, or analysis and procedure. Review for each phase may require on-
site inspections at

fabrication locations and during construction and installation. The
Commandant (CG-5P) is the final approval authority for the deepwater
port's design, construction, and commissioning.
    (1) Design phase, including the design basis. The design basis must
identify all baseline design standards, regulations, rules and/or
codes, and key parameters to be used to design each structure, system,
or component of the deepwater port.
    (2) Construction phase, including fabrication, installation, and
commissioning.
    (3) Operational phase, including maintenance and inspection
procedures and long-term support from commencement of operations to
decommissioning of the deepwater port.
    (b) The licensee must provide to the Commandant (CG-5P), and to a
CE, if used, the design basis and lists of drawings, plans,
calculations, analyses, procedures, and correspondence as determined in
the review.
    (c) If a CE is used, key responsibilities for the CE include, but
are not limited to--
    (1) Recommendation of approval, disapproval, or approval with
proposed changes of the applicant's design basis;
    (2) Development of an action plan for each phase;
    (3) Providing selected drawings and plan reviews;
    (4) Inspections and oversight;
    (5) Interim reports and recommendations; and
    (6) A final report and recommendation for Coast Guard approval or
disapproval.
    (d) The CE may also be used to assist in the review of such areas
as--
    (1) A maintenance and inspection program;
    (2) System safety, including interoperability, reliability, safety
integrity levels, and LNG carrier compatibility;
    (3) Specific, higher-risk components and operations; and
    (4) Pipeline design, installation and operations manual (The
applicant must coordinate the review and approval of the pipeline
appendix to the operations manual with PHMSA).
    (e) At the option of the licensee, the CE may continue to support
the review and approval process for a deepwater port through to its
decommissioning.

Sec.  149.63  [Amended]

0
43. Amend newly redesignated Sec.  149.63(a) introductory text by
removing the words ``pumping platform complex'' and adding, in their
place, the words ``manned deepwater port''.

Sec.  149.64  [Amended]

0
44. Amend newly redesignated Sec.  149.64(b) by removing the symbol
``,'' after the word ``side'' and adding, in its place, the words
``facilities, vessels approaching the safety zone,''.

Sec.  149.65  [Amended]

0
45. In newly redesignated Sec.  149.65, wherever they appear, remove
the words ``pumping platform complex'' and add, in their place, the
words ``manned deepwater port''.

Sec.  149.66  [Amended]

0
46. In newly redesignated Sec.  149.66, paragraph (b), remove the text
``Sec.  149.665'' and add, in its place, the text ``Sec.  149.65''.

Sec.  149.67  [Amended]

0
47. Amend newly redesignated Sec.  149.67(a) as follows:
0
a. Remove the words ``For a'' and add, in their place, the word
``Each'';
0
b. Remove the words ``, each pumping platform complex''; and
0
c. After the words ``on the'', remove the word ``complex'' and add, in
its place, the words ``deepwater port''.

Sec.  149.68  [Amended]

0
48. Amend newly redesignated Sec.  149.68 by adding the word ``manned''
before the word ``deepwater'' in the introductory text.

Sec.  149.70  [Amended]

0
49. Amend newly redesignated Sec.  149.70 by removing the word
``outlined'' and adding, in its place, the word ``specified'', and by
removing the text ``Sec. Sec.  149.691 through 149.699'' and adding, in
its place, the text ``Sec. Sec.  149.71 through 149.77''.

Sec.  149.77  [Amended]

0
50. Amend newly redesignated Sec.  149.77(a) by removing the word
``owner's'' and adding, in its place, the word ``operator's''.
0
51. Revise the heading for subpart C to read as follows:

Subpart C--Pollution Prevention Equipment

Sec.  149.115  [Amended]

0
52. In newly redesignated Sec.  149.115, remove the words ``from the
pumping platform complex'' and add, in their place, the word
``remotely''.

Sec.  149.130  [Amended]

0
53. Amend newly redesignated Sec.  149.130(a) by removing the words ``a
pumping platform complex'' and adding, in their place, the words ``the
marine transfer area of a deepwater port''.

Sec.  149.135  [Amended]

0
54. Amend newly redesignated Sec.  149.135 as follows:
0
a. In paragraph (b) introductory text, after the word ``alarm'', add
the words ``described in paragraph (a) of this section'';
0
b. In paragraph (b)(1), remove the words ``pumping platform complex''
and add, in their place, the words ``marine transfer area of a
deepwater port''; and
0
c. In paragraph (b)(2), remove the words ``pumping platform complex''
and add, in their place, the words ``marine transfer area of a
deepwater port'', and before the word ``under'', add the word
``described''.

Sec.  149.150  [Amended]

0
55. Amend newly redesignated Sec.  149.150 by removing the words
``pumping platform complex'' and adding, in their place, the words
``manned deepwater port''.
0
56. Revise the heading for subpart D to read as follows:

Subpart D--Lifesaving Equipment

Sec.  149.203  [Amended]

0
57. Amend newly redesignated Sec.  149.203 as follows:
0
a. In paragraph (a)(1), remove the text ``Sec.  149.306'' and add, in
its place, the text ``Sec.  149.206'';
0
b. In paragraph (a)(2), remove the text ``Sec.  149.308'' and add, in
its place, the text ``Sec.  149.208''; and
0
c. In paragraph (b), remove the text ``Sec.  149.314'' and add, in its
place, the text ``Sec.  149.206''.

Sec.  149.204  [Amended]

0
58. Amend newly redesignated Sec.  149.204 as follows:
0
a. In paragraph (a), in the introductory text, remove the text ``Sec.
149.305'' and add, in its place, the text ``Sec.  149.205'';
0
b. In paragraph (a)(4), remove the text ``Sec.  149.305'' and add, in
its place, the text ``Sec.  149.205''; and
0
c. In paragraph (a)(5), remove the text ``Sec.  149.314'' and add, in
its place, the text ``Sec.  149.206''.

Sec.  149.205  [Amended]

0
59. Amend newly redesignated Sec.  149.205 as follows:
0
a. In paragraph (a), remove the text ``Sec.  149.304'' and add, in its
place, the text ``Sec.  149.204''; and
0
b. In paragraph (b), remove the text ``Sec.  149.308'' and add, in its
place, the text ``Sec.  149.208''.
0
60. Add Sec.  149.206 to read as follows:

Sec.  149.206  What are the requirements for survival craft and rescue
boats?

    Survival craft and rescue boats must satisfy the requirements of 46
CFR

108.520-108.575, except as described in paragraphs (a) through (g) of
this section.
    (a) Except for boathooks, the survival equipment required by 46 CFR
108.575(b) must be securely stowed in the lifeboat.
    (b) Each lifeboat must have a list of the survival equipment it is
required to carry. The list must be posted in the lifeboat.
    (c) Except as provided in Sec.  149.205(b) of this part, each
inflatable or rigid liferaft, boarded from a deck that is more than 4.5
meters (14.75 feet) above the water, must be davit-launched or served
by a marine evacuation system approved under approval series 160.175.
    (d) The launching equipment must be arranged so that a loaded
liferaft does not have to be lifted before it is lowered.
    (e) Not more than two liferafts may be launched from the same set
of launching equipment.
    (f) The operator must arrange survival craft so that they are--
    (1) Readily accessible in an emergency;
    (2) Accessible for inspection, maintenance, and testing;
    (3) In locations clear of overboard discharge piping or openings,
and of obstructions below; and
    (4) Located so that survival craft with an aggregate capacity to
accommodate all persons authorized to be berthed are readily accessible
from the personnel berthing area.
    (g) The operator may use an onboard crane to launch a rescue boat
if the crane's launching system meets the requirements of this section.

Sec.  149.209  [Amended]

0
61. Amend newly redesignated Sec.  149.209 by removing the text ``Sec.
149.316'' and adding, in its place, the text ``Sec.  149.207''.

Sec.  149.210  [Amended]

0
62. Amend newly redesignated Sec.  149.210 by removing the text ``Sec.
149.317'' and adding, in its place, the text ``Sec.  149.208''.

Sec.  149.216  [Amended]

0
63. In newly redesignated Sec.  149.216, remove the text ``Sec.
149.140'' and add, in its place, the text ``Sec.  149.64''.

Sec.  149.221  [Amended]

0
64. In newly redesignated Sec.  149.221(a), remove the text ``Sec.
149.326'' and add, in its place, the text ``Sec.  149.217''.

Sec.  149.227  [Amended]

0
65. Amend newly redesignated Sec.  149.227(a) by removing the text
``Sec.  149.316'' and adding, in its place, the text ``Sec.  149.217''.

Sec.  149.228  [Amended]

0
66. Amend newly redesignated Sec.  149.228(a) by removing the text
``Sec.  149.320'' and adding, in its place, the text ``Sec.  149.211''.
0
67. Revise the heading for subpart E to read as follows:

Subpart E--Firefighting and Fire Protection Equipment

0
68. Revise newly redesignated Sec.  149.302 to read as follows:

Sec.  149.302  What firefighting and fire protection equipment must be
approved by the Coast Guard?

    Unless approval from the Sector Commander, or MSU Commander with
COTP and OCMI authority, is requested and granted pursuant to Sec.
149.303 of this part and as permitted under Sec.  149.303, Sec.
149.315(c) or (d), Sec.  149.319(a)(1), or Sec.  149.320 of this part,
all required firefighting and fire protection equipment on a deepwater
port must be approved by the Commandant (CG-ENG). Firefighting and fire
protection equipment that exceeds required equipment must also be
approved by the Commandant (CG-ENG).
0
69. Revise the section heading for newly redesignated Sec.  149.303 to
read as follows:

Sec.  149.303  How may the operator request the use of alternate or
supplemental firefighting and fire prevention equipment or procedures?

* * * * *
0
70. Amend newly redesignated Sec.  149.304 as follows:
0
a. Revise the section heading; and
0
b. Remove the text ``Sec.  149.403'' and add, in its place, the text
``Sec.  149.303''. The revision reads as follows:

Sec.  149.304  Can the operator use firefighting equipment that has no
Coast Guard standards?

* * * * *

Sec.  149.305  [Amended]

0
71. Amend newly redesignated Sec.  149.305 by removing the text
``149.405'' wherever it appears, and adding, in each place, the text
``149.305''.

Sec.  149.307  [Amended]

0
72. Amend newly redesignated Sec.  149.307 as follows:
0
a. In paragraph (a), remove the text ``Sec.  149.409'' and add, in its
place, the text ``Sec.  149.309''; and
0
b. In paragraph (b), remove the text ``Sec.  149.409'' and add, in its
place, the text ``Sec.  149.309''.

Sec.  149.309  [Amended]

0
73. Amend newly redesignated Sec.  149.309 by removing the text
``149.409'' wherever it appears, and adding, in each place, the text
``149.309''.

Sec.  149.310  [Amended]

0
74. In newly redesignated Sec.  149.310, remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec.  149.315  [Amended]

0
75. Amend newly redesignated Sec.  149.315(a) by removing the words
``pumping platform complex'' and adding, in their place, the words
``manned deepwater port''.

Sec.  149.317  [Amended]

0
76. In newly redesignated Sec.  149.317(b), remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec.  149.318  [Amended]

0
77. In newly redesignated Sec.  149.318, remove the text ``149.409''
and add, in its place, the text ``149.309''.

Sec.  149.319  [Amended]

0
78. Amend newly redesignated Sec.  149.319 as follows:
0
a. In paragraph (a) introductory text, remove the text ``Sec.
149.420'' and add, in its place, the text ``Sec.  149.320'' and remove
the text ``Sec.  149.421'' and add, in its place, the text ``Sec.
149.321''; and
0
b. In paragraph (a)(2), remove the text ``Sec.  149.415'' and add, in
its place, the text ``Sec.  149.315''.
0
79. Revise the heading for subpart F to read as follows:

Subpart F--Aids to Navigation

Sec.  149.405  [Amended]

0
80. In newly redesignated Sec.  149.405(a), remove the text ``Sec.
149.510'' and add, in its place, the text ``Sec.  149.410''.

Sec.  149.410  [Amended]

0
81. In newly redesignated Sec.  149.410(a), remove the text
``Commandant (CG-5P)'' and add, in its place, the words ``Coast Guard
District Commander in the area where the deepwater port will be
built''.

Sec.  149.470  [Amended]

0
82. In newly redesignated Sec.  149.470(c), remove the text ``Sec.
149.540'' and add, in its place, the text ``Sec.  149.440''.

Sec.  149.480  [Amended]

0
83. In newly redesignated Sec.  149.480(a), remove the words ``of a
pumping platform complex''.

Sec.  149.485  [Amended]

0
84. In redesignated Sec.  149.485(a), remove the words ``pumping
platform complex'' and add, in their place, the words ``deepwater
port''.

Sec.  149.650  [Removed]

0
85. Remove Sec.  149.650.

PART 150--DEEPWATER PORTS: OPERATIONS

0
86. The authority citation for part 150 continues to read as follows:

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

0
87. Amend Sec.  150.10 by revising paragraphs (b), (c), (d), and (e) to
read as follows:

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

* * * * *
    (b) The operations manual is reviewed and approved by the
Commandant (CG-5P), in coordination with the local Sector Commander, or
MSU Commander, with COTP and OCMI authority, as meeting the
requirements of the Act and this subchapter.
    (c) The manual must be readily available on the deepwater port for
use by personnel.
    (d) The licensee must ensure that all personnel are trained and
follow the procedures in the manual while at the deepwater port.
    (e) Every 5 years from the date of approval of the operations
manual (unless a longer timeframe is approved by the Commandant (CG-
5P)), a deepwater port operator must re-submit the operations manual to
the Commandant (CG-5P) to be re-reviewed and re-approved.
0
88. Amend Sec.  150.15 as follows:
0
a. In paragraph (c), after the word ``including'', add the words ``,
but not limited to,'';
0
b. In paragraphs (d) introductory text, (m) introductory text, and in
newly redesignated paragraph (q) introductory text, after the word
``including'', add the words ``, but not limited to'';
0
c. In paragraphs (i) introductory text, (i)(4), after the word
``including'', add the words ``, but not limited to,'';
0
d. In paragraph (i)(4)(vii), remove the words ``a safety zone, area to
be avoided, and anchorage area'' and add, in their place, the words
``zones and areas described under subpart J of this part'';
0
e. In paragraphs (i)(7), (l) introductory text, and (l)(1)(iii), after
the word ``including'', add the words ``, but not limited to,'';
0
f. In paragraph (l)(2)(iii), remove the word ``to'' and add, in its
place, the words ``, but not limited to,'';
0
g. In paragraph (l)(4), after the word ``including'', add the words ``,
but not limited to,'';
0
h. In paragraphs (m) introductory text, and in newly redesignated
paragraph (q) introductory text, after the word ``including'', add the
words ``, but not limited to'';
0
i. Redesignate paragraphs (o) through (aa) as (p) through (bb),
respectively;
0
j. Add new paragraph (o);
0
k. In newly redesignated paragraphs (s), (u)(3), and (x)(2)(iii), after
the word ``including'', add the words ``, but not limited to,'';
0
l. Revise newly redesignated paragraphs (y) and (bb); and
0
m. Add paragraph (cc);
    The additions and revisions read as follows:

Sec.  150.15  What must the operations manual include?

* * * * *
    (o) A certificate of adequacy (COA) that certifies a deepwater port
meets the requirements for reception facilities as required under 33
CFR part 158, or a waiver of a COA.
* * * * *
    (y) Security procedures--(1) Security plan. Deepwater port
operators must develop a deepwater port security plan comparable, at a
minimum, to those required by 33 CFR part 106. The plan must address at
least:
    (i) Access controls for goods and materials and access controls for
personnel that require positive and verifiable identification;
    (ii) Monitoring and alerting of vessels that approach or enter the
deepwater port's security zone;
    (iii) Risk identification and procedures for detecting and
deterring terrorist or subversive activity, such as security lighting
and remotely-alarmed restricted areas;
    (iv) Internal and external notification and response requirements
in the event of a perceived threat or an attack on the deepwater port;
    (v) Designation of the deepwater port security officer (DPSO);
    (vi) Required security training and drills for all personnel; and
    (vii) The scalability of actions and procedures for the various
levels of threat.
    (2) Audits. (i) The DPSO must ensure an audit of the deepwater port
security plan is performed annually, beginning no later than one year
from the initial date of approval and attach a letter to the deepwater
port security plan certifying that the deepwater port security plan
meets the applicable requirements of this part. The results of this
audit must be included as an attachment to the annual self-inspection
report to the cognizant Sector Commander, or MSU Commander with COTP
and OCMI authority as outlined in Sec.  150.105 of this part.
    (ii) If there is a change in ownership or operations of the
deepwater port, or if there have been modifications to the deepwater
port, the deepwater port security plan must be audited including but
not limited to physical structure, emergency response procedures,
security measures, or operations.
    (iii) Auditing the deepwater port security plan, as a result of
modifications to the deepwater port, may be limited to those sections
of the deepwater port security plan affected by the deepwater port
modifications.
    (iv) Unless impracticable due to the size and nature of the company
or the deepwater port, personnel conducting internal audits of the
security measures specified in the deepwater port security plan or
evaluating its implementation must--
    (A) Have knowledge of methods of conducting audits and inspections,
and control and monitoring techniques;
    (B) Not have regularly assigned security duties; and
    (C) Be independent of any security measures being audited.
    (v) If the results of an audit require an amendment of the
deepwater port security plan, the DPSO must submit the proposed
amendment to the cognizant Sector Commander, or MSU Commander with COTP
and OCMI authority, with copy to the Commandant (CG-5P), for review and
approval no later than 30 days after completion of the audit.
    (3) Review. The Sector Commander, or MSU Commander with COTP and
OCMI authority, will normally perform an annual security inspection to
verify the findings in the audit. The Sector Commander, or MSU
Commander with COTP and OCMI authority, will perform a more detailed
deepwater port security plan review at prescribed 5-year intervals
following initial approval of the deepwater port security plan and will
include onsite inspection of personnel assignments and qualifications,
observance of security drills, and other security exercises as
necessary.
* * * * *
    (bb) Environmental procedures. A prevention, monitoring, and
mitigation program (PMMP) that provides procedures to prevent,
minimize, or mitigate adverse environmental effects

resulting from the construction, operation, and decommissioning of the
deepwater port. This must include both routine scheduled maintenance
activities as well as unscheduled maintenance activities.
    (1) Environmental monitoring program. The PMMP must include a
detailed environmental monitoring program plan. It must be performance-
based, and include provisions for incorporating recommendations for
adaptive management based upon analysis of data obtained from
monitoring studies. The PMMP must also include provisions for periodic
re-examination of the physical, chemical, and biological factors
investigated during the baseline surveys contained in the licensee's
deepwater port license application.
    (i) Monitoring must commence shortly before project construction in
the vicinity of the construction sites and other potentially impacted
areas and continue throughout the construction phase.
    (ii) During project operations, a continuous monitoring program
designed to ensure coverage of seasonal variations must be undertaken.
    (2) Review. Every 5 years (unless a longer timeframe is approved by
the Commandant (CG-5P)), to coincide with the periodic review of the
deepwater port's operations manual, the licensee must conduct a
thorough re-examination of the physical, chemical, and biological
factors contained in the deepwater port's environmental evaluation.
    (i) The re-examination must include, but not be limited to, a
detailed analysis of the results of the environmental monitoring
program to identify trends and impacts that result from the deepwater
port's operations.
    (ii) The re-examination must be submitted for review and approval
to the Commandant (CG-5P) and MARAD not later than 60 days before the 5
year period ends.
    (cc) Procedural manual for operations, maintenance, and emergencies
of the deepwater port pipelines. This manual must meet the requirements
of PHMSA regulations 49 CFR 192.605 and other applicable parts of 49
CFR 190 through 199.
0
89. Amend Sec.  150.25 as follows:
0
a. Revise the section heading;
0
b. Redesignate paragraphs (d), (e), and (f) as paragraphs (c)(2), (d),
and (e), respectively;
0
c. Revise newly redesignated paragraph (c)(2);
0
d. Add paragraph (c)(1);
0
e. Revise newly redesignated paragraph (e);
0
f. Add new paragraph (f); and
    The revisions and addition read as follows:

Sec.  150.25  When will the Coast Guard require amendments to the
operations manual?

* * * * *
    (c) * * *
    (1) If the Sector Commander, or MSU Commander with COTP and OCMI
authority determines that the proposed amendments are inadequate, the
Sector Commander, or MSU Commander with COTP and OCMI authority, will
return them to the licensee for revision.
    (2) If the Sector Commander, or MSU Commander with COTP and OCMI
authority, decides that a proposed amendment is adequate, the amendment
will go into effect 60 days after the Sector Commander, or MSU
Commander with COTP and OCMI authority, notifies the licensee, with
copy to the Commandant (CG-5P). The Commandant (CG-5P) will notify
MARAD, and PHMSA as appropriate, prior to a significant amendment going
into effect.
* * * * *
    (e) If the Sector Commander, or MSU Commander with COTP and OCMI
authority, finds that a particular situation requires immediate action
to prevent a spill or discharge, or to protect the safety of life and
property, he or she may issue an amendment effective on the date that
the licensee receives it. The Sector Commander, or MSU Commander with
COTP and OCMI authority, must include a brief statement of the reasons
for the immediate amendment. The licensee may petition the District
Commander for review, but the petition does not delay the effective
date of the amendment.
    (f) Other Federal agencies may propose amendments to the operations
manual by submitting them to the Coast Guard's Office of Operating and
Environmental Standards (CG-OES), which will coordinate with the Sector
Commander, or MSU Commander with COTP and OCMI authority, to have the
licensee implement requested amendments.
0
90. Revise Sec.  150.30 to read as follows:

Sec.  150.30  How may the licensee propose an amendment to the
operations manual?

    (a) Proposed amendments to an approved operations manual must be
submitted to the Sector Commander, or MSU Commander with COTP and OCMI
authority, in whose area of responsibility the deepwater port is
located, with copy to the Commandant (CG-5P). The Commandant (CG-5P)
will notify MARAD prior to approval of proposed significant amendments
to the operations manual to ensure approval accords with the conditions
of the deepwater port's license. If the proposed changes are not
consistent with the requirements of any license condition, the
environmental impact analysis, or any other Federal or State license or
approval, the Commandant (CG-5P) must notify the Sector Commander, or
MSU Commander with COTP and OCMI authority of this inconsistency
immediately. Sector Commander, or MSU Commander with COTP and OCMI
authority approval of the proposed changes will be withheld until the
identified inconsistencies are resolved.
    (b) The licensee may propose an amendment to the operations
manual--
    (1) By submitting to the Sector Commander, or to the MSU Commander
with COTP and OCMI authority, in writing, the amendments and reasons
for the amendments, not less than 30 days before the requested
effective date of the amendment; or
    (2) If the amendment is needed immediately, by submitting the
amendment, and reasons why the amendment is needed immediately, to the
Sector Commander, or to the MSU Commander with COTP and OCMI authority
in writing.
    (c) The Sector Commander, or MSU Commander with COTP and OCMI
authority, in coordination with the Commandant (CG-5P), must respond to
a proposed amendment by notifying the licensee of his or her decision,
in writing, before the requested date of the amendment. If the request
is disapproved, the Sector Commander, or MSU Commander with COTP and
OCMI authority must include the reasons for disapproval in the notice.
If the request is for an immediate amendment, the Sector Commander, or
the MSU Commander with COTP and OCMI authority must respond as soon as
possible.
0
91. Revise Sec.  150.35 to read as follows:

Sec.  150.35  How may an Adjacent Coastal State request an amendment to
the deepwater port operations manual?

    (a) An Adjacent Coastal State connected by pipeline to the
deepwater port may petition the cognizant Sector Commander, or MSU
Commander with COTP and OCMI authority, with copy to the Commandant
(CG-5P), to amend deepwater port operations. The petition must include
sufficient information to allow the Sector Commander, or MSU Commander
with COTP and OCMI authority to reach a decision concerning the
proposed amendment.
    (b) After the Sector Commander, or MSU Commander with COTP and OCMI

authority receives a petition, the Sector Commander, or MSU Commander
with COTP and OCMI authority, in coordination with the Commandant (CG-
5P), requests comments from the licensee.
    (c) After reviewing the petition and comments and considering the
costs and benefits involved, the Sector Commander, or MSU Commander
with COTP and OCMI authority, in coordination with the Commandant (CG-
5P), may approve the petition if the proposed amendment will provide
equivalent or improved protection and safety. The Adjacent Coastal
State may petition the Commandant (CG-5P) to review the decision.
Petitions must be made in writing and presented to the Sector
Commander, or MSU Commander with COTP and OCMI authority for forwarding
to the Commandant (CG-5P) via the District Commander.
0
92. Revise Sec.  150.40 to read as follows:

Sec.  150.40  Deviating from the operations manual.

    (a) If, because of a particular situation, the licensee needs to
deviate from the operations manual, the licensee must submit a written
request to the Sector Commander, or MSU Commander with COTP and OCMI
authority explaining why the deviation is necessary and what
alternative is proposed. If the Sector Commander, or MSU Commander with
COTP and OCMI authority determines that the deviation would ensure
equivalent or greater protection and safety, the Sector Commander, or
MSU Commander with COTP and OCMI authority will authorize the deviation
and notify the licensee in writing.
    (b) In an emergency, any person may deviate from any requirement in
this subchapter, or any procedure in the operations manual, to ensure
the safety of life, property, or the environment. Each deviation must
be reported to the Sector Commander, or to the MSU Commander with COTP
and OCMI authority at the earliest possible time.

Sec.  150.45  [Removed and Reserved]

0
93. Remove and reserve Sec.  150.45.
0
94. Amend Sec.  150.50 by revising the section heading to read as
follows:

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

* * * * *
0
95. Revise Sec.  150.100 to read as follows:

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

    (a) Under direction of the Sector Commander, or MSU Commander, with
COTP and OCMI authority, marine inspectors may inspect deepwater ports
to determine whether the requirements of this subchapter are met. A
marine inspector may conduct an inspection, with or without advance
notice, at any time the Sector Commander or MSU Commander deems
necessary.
    (b) During an inspection, Coast Guard marine inspectors may be
accompanied by representatives of other Federal agencies.
0
96. Revise Sec.  150.105 to read as follows:

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

    (a) The operator of each deepwater port must ensure that the
deepwater port is regularly inspected to determine whether the facility
is in compliance with the requirements of the approved operations
manual, the license, and any classification society certifications. To
this end, a deepwater port operator may propose to the Sector
Commander, or to the MSU Commander, with COTP and OCMI authority, to
implement a self-inspection program. Prior to the initiation of a self-
inspection program, and before commencement of operations, the owner or
operator must submit a proposal describing the self-inspection plan to
the Sector Commander, or to the MSU Commander, with COTP and OCMI
authority for acceptance. The plan must address all applicable
requirements outlined in parts 149 and 150 of this subchapter. Any
proposed program must include inspection intervals not to exceed 12
months between inspections. The inspection may be conducted up to 2
months after its due date, but will be valid for only the 12 months
following that due date.
    (b) The operator must record and submit the results of the annual
self-inspection to the Sector Commander, or to the MSU Commander with
COTP and OCMI authority, within 30 days of completing the inspection.
The report must include a description of any failure, and the scope of
repairs made to components or equipment, in accordance with the
requirements in subpart I of this part, other than primary lifesaving,
firefighting, or transfer equipment, which are inspected and repaired
in accordance with subpart F.
    (c) The Sector Commander, or the MSU Commander with COTP and OCMI
authority, must validate the results of each inspection. If the Sector
Commander, or the MSU Commander with COTP and OCMI authority,
determines that the deepwater port is not operating in conformity with
its operations manual or license, the Sector Commander, or the MSU
Commander with COTP and OCMI authority, must direct appropriate
corrective action to the deepwater port operator, and the Sector
Commander, or the MSU Commander with COTP and OCMI authority, must
notify the Commandant (CG-5P). After receipt of the notification, if
the Commandant (CG-5P) concurs that a possible violation of a license
condition is indicated, Commandant (CG-5P) will notify MARAD for
consideration of what, if any, action on the license should be taken.
0
97. Add Sec.  150.107 to read as follows:

Sec.  150.107  What notice must be given in the event of inspections?

    The operator must notify the Sector Commander, or the MSU Commander
with COTP and OCMI authority, of scheduled Federal and State agency
inspections. The operator must retain the record of results of any
Federal or State agency inspection and make those records available for
review upon receiving a request by the Sector Commander, or by the MSU
Commander with COTP and OCMI authority, or his or her designated
representative. The Coast Guard may participate in any inspection
undertaken by another Federal or State agency with jurisdiction.

Sec.  150.110  [Amended]

0
98. Amend Sec.  150.110 by removing the word ``or'' after the words
``class certificate,''; and adding the words ``, or of changes in class
status'' after the words ``classification certificate''.

Sec.  150.225  [Amended]

0
99. In Sec.  150.225, after the word ``hold.'', add the sentence ``All
employees, regardless of status, must receive basic safety training as
soon as practicable after reporting to the deepwater port.''.

Sec.  150.325  [Amended]

0
100. Amend Sec.  150.325(b) introductory text by adding the words ``,
but not limited to'' after the word ``including''.
0
101. Amend Sec.  150.380 by revising Table 150.380(a) and paragraph (b)
to read as follows:

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

    (a) * * *

                      Table 150.380(a)--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
                                                          Areas to be                            Other ship's
                                                        avoided around                         routing measures
      Regulated activities           Safety zone        each deepwater      Anchorage areas     adjacent to the
                                                      port component \1\                          safety zone
----------------------------------------------------------------------------------------------------------------
Tankers calling at port........  C                    C                   C                   C
Support vessel movements.......  C                    C                   C                   C
Transit by vessels other than    F                    D                   P                   P
 tankers or support vessels.
Mooring to surface components    N                    N                   N                   N
 by vessels other than tankers
 or support vessels.
Anchoring by vessels other than  N                    F                   C                   F
 tankers or support vessels.
Fishing, including, but not      N                    D                   P                   R
 limited to, bottom trawl
 (shrimping).
Mobile drilling operations or    N                    R                   N                   N
 erection of structures \2\.
Lightering/transshipment.......  N                    N                   N                   N
----------------------------------------------------------------------------------------------------------------
\1\ Areas to be avoided are in subpart J of this part.
\2\ Not part of Port Installation.
\3\ Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the
  person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger
  to the ship or persons on board. N--Not permitted. P--Transit is permitted when the vessel is not in the
  immediate area of a tanker, and when cleared by the vessel traffic supervisor. R--Permitted only if determined
  that operation does not create unacceptable risk to personnel safety and security and operation. For
  transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no
  anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical
  miles.

    (b) If the activity is not listed in table 150.380(a) of this
section, or otherwise provided for in this subpart, the permission of
the Sector Commander, or MSU Commander with COTP and OCMI authority, is
required before operating in the safety zone or other ship's routing
measure.
* * * * *

Sec.  150.435  [Amended]

0
102. Amend Sec.  150.435(b) by adding the words ``, unless complying
with any approved procedures contained in the operations manual to
ensure the safety of personnel, equipment and the environment'' after
the word ``vicinity''.

Sec.  150.501  [Amended]

0
103. Amend Sec.  150.501 by adding the words ``, but not limited to,''
after the word ``including''.

Sec.  150.601  [Amended]

0
104. Amend Sec.  150.601(b) introductory text by adding the words ``but
not limited to,'' after the word ``including,'' and by adding the
symbol ``,'' after the word ``subcontractors''.

Sec.  150.602  [Amended]

0
105. Amend Sec.  150.602(a) by removing the text ``Sec.  150.15(w)'',
and adding, in its place, the text ``Sec.  150.15(x)''.

Sec.  150.607  [Amended]

0
106. Amend Sec.  150.607(a) by adding the words ``, but not limited
to,'' after the word ``including'' and by adding the symbol ``,'' after
the word ``gear''.

Sec.  150.615  [Amended]

0
107. Amend Sec.  150.615(c) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec.  150.618  [Amended]

0
108. In Sec.  150.618(a), after the word ``including'', add the words
``, but not limited to,''.

Sec.  150.619  [Amended]

0
109. In Sec.  150.619(b), after the word ``including'', add the words
``, but not limited to,''.

Sec.  150.623  [Amended]

0
110. Amend Sec.  150.623(c) introductory text by adding the words ``,
but not limited to'' after the word ``including''.

Sec.  150.715  [Amended]

0
111. In Sec.  150.715(a), after the word ``must'', add the words
``comply with the requirements of 33 CFR 66.01-11 and''.

Sec.  150.720  [Amended]

0
112. Amend Sec.  150.720 by adding the words ``and comply with the
requirements of 33 CFR 67.10'' after the text ``5 miles''.

Sec.  150.812  [Amended]

0
113. Amend Sec.  150.812 by removing the word ``and'' and adding, in
its place, the symbol ``,'' after the word ``life''; and adding the
words ``, and the environment'' after the word ``property''.

Sec.  150.815  [Amended]

0
114. Amend Sec.  150.815(a)(4) by adding the words ``, but not limited
to,'' after the word ``including''.
0
115. Revise Sec.  150.830 to read as follows:

Sec.  150.830  Reporting a pollution incident.

    (a) Oil pollution incidents involving a deepwater port are reported
according to part 153, subpart B, of this chapter.
    (b) In each notification made under paragraph (a) of this section,
the person in charge of the deepwater port involved in the incident
must provide his or her name and telephone number, or radio call sign,
and, to the extent known, the--
    (1) Location, date, and time of the incident;
    (2) Quantity of oil involved;
    (3) Cause of the incident;
    (4) Name or other identification of the vessel or offshore facility
involved;
    (5) Size and color of any slick or sheen and the direction of its
movement;
    (6) Observed on-scene weather conditions, including wind speed and
direction, height and direction of seas, and any tidal or current
influence present;
    (7) Actions taken or contemplated to secure the source or contain
and remove or otherwise control the discharged oil;
    (8) Extent of any injuries or other damages incurred as a result of
the incident;
    (9) Observed damage to living natural resources; and
    (10) Any other information deemed relevant by the reporting party
or requested by the person receiving the notification.
    (c) The person giving notification of an incident must not delay
notification to gather all required information and

must provide any information not immediately available when it becomes
known.

Sec.  150.905  [Amended]

0
116. Amend Sec.  150.905(d) by adding the words ``, but not limited
to,'' after the word ``including''.

Sec.  150.915  [Amended]

0
117. Amend Sec.  150.915 as follows:
0
a. In paragraph (a), after the word ``life'', remove the word ``and''
and add, in its place, the symbol ``,'', and after the word
``property'', add the words ``, or the environment'';
0
b. In paragraph (b)(2), after the word ``including'', add the words ``,
but not limited to,''; and
0
c. In paragraph (b)(9), after the word ``including'', add the words ``,
but not limited to,''.

    Dated: March 17, 2015.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2015-06611 Filed 4-8-15; 8:45 am]
BILLING CODE 9110-04-P