[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12662-12664]
[FR Doc No: 2018-05925]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0063]
RIN 1625-AA00

Safety Zone: Juan Benitez Fireworks Display, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the navigable waters of the San Francisco Bay near Point Cavallo in
support of the Juan Benitez Fireworks Display on March 24, 2018. This
safety zone is established to ensure the safety of participants and
spectators from the dangers associated with pyrotechnics. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port or their designated representative.

DATES: This rule is effective from 9:00 a.m. to 8:40 p.m. on March 24,
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0063. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on February 22, 2018, notice and comment procedures would be
impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the planned fireworks display on
March 24, 2018, will be a safety concern for anyone within a 100-foot
radius of the fireworks barge and anyone within a 560-feet radius of
the fireworks firing site. This rule is needed to protect spectators,
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading
and transit of the fireworks barge, until after completion of the
fireworks display. During the loading of the pyrotechnics onto the
fireworks barge, scheduled to take place from 9:00 a.m. to 2:00 p.m. on
March 24, 2018, at Pier 50 in San Francisco, CA, the safety zone will
encompass the navigable waters around and under the fireworks barge
within a radius of 100 feet.
    The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 5:30 p.m. to 7:00
p.m. on March 24, 2018 where it will remain until the conclusion of the
fireworks display.
    At 8:00 p.m. on March 24, 2018, 30 minutes prior to the
commencement of the 10-minute fireworks display, the safety zone will
increase in size and encompass the navigable waters around and under
the fireworks barge within a radius of 560 feet in approximate position
37[deg]49'48'' N, 122[deg]28'26'' W (NAD 83) for the Juan Benitez
Fireworks Display. The safety zone shall terminate at 8:40 p.m. on
March 24, 2018.
    The effect of the temporary safety zone is to restrict navigation
in the vicinity of the fireworks loading, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted areas. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the fireworks firing
sites to ensure the safety of participants, spectators, and transiting
vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified via public Broadcast Notice
to Mariners to ensure the safety zone will result in minimum impact.
The entities most likely to be affected are waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones via Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for

compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves safety zones of
limited size and duration. It is categorically excluded from further
review under Categorical Exclusion L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T11-918 to read as follows:

Sec.  165.T11-918  Safety Zone; Juan Benitez Fireworks Display, San
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable
waters of the San Francisco Bay within 100 feet of the fireworks barge
during loading at Pier 50, as well as transit to and arrival at Point
Cavallo. The safety zone will expand to all navigable waters around and
under the fireworks barge within a radius of 560 feet in approximate
position 37[deg]49'48'' N, 122[deg]28'26'' W (NAD 83) at 8:00 p.m., 30
minutes prior to the start of the 10 minute fireworks display scheduled
to begin at 8:30 p.m. on March 24, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 9:00 a.m. until approximately 8:40 p.m.
March 24, 2018. The Captain of the Port San Francisco (COTP) will
notify the maritime community of periods during which these zones will
be enforced via Broadcast Notice to Mariners in accordance with 33 CFR
165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: March 19, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-05925 Filed 3-22-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81419-81421]
[FR Doc No: 2023-25859]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-4719]

Translation of Good Laboratory Practice Study Reports: Questions
and Answers; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
``Translation of GLP Study Reports: Questions and Answers.'' This
guidance provides information to sponsors and nonclinical laboratories
regarding the translation of study reports for studies conducted in
compliance with good laboratory practice (GLP) regulations. GLP studies
are nonclinical safety studies that include, but are not limited to
nonclinical toxicology studies, safety pharmacology studies, and device
safety studies. When study reports of GLP studies are translated from
the original language into English, adequate documentation is critical
to ensure

accurate and complete study data are submitted to FDA. This question-
and-answer document is intended to clarify FDA's recommendations
concerning the translation of GLP study reports from a non-English
language into English for nonclinical studies conducted in compliance
with GLP regulations.

DATES: Submit either electronic or written comments on the draft
guidance by February 20, 2024 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-4719 for ``Translation of GLP Study Reports: Questions and
Answers.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Tahseen Mirza, Center for Drug
Evaluation and Research, Office of Study Integrity and Surveillance,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm.
2211, Silver Spring, MD 20993,<PHONE_NUMBER>; Anne Taylor, Office of the
Center Director, Center for Biologics Evaluation and Research, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993,<PHONE_NUMBER>; Judith Davis, Office of Device
Evaluation, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1216, Silver
Spring, MD 20993,<PHONE_NUMBER>; Tong Zhou, Center for Veterinary
Medicine, Office of New Animal Drug Evaluation, HFV-153, Food and Drug
Administration, 7500 Standish Place, Rockville, MD, 20855, 240-402-
0826; Yuguang Wang, Center for Food Safety and Applied Nutrition,
Office of the Center Director, Food and Drug Administration, 5001
Campus Dr., Rm. 4A035, College Park, MD, 20740,<PHONE_NUMBER>; Hans
Rosenfeldt, Center for Tobacco Products, Office of Science, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. G335,
Silver Spring, MD 20993,<PHONE_NUMBER>; Darby Hull, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Element
Building, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Translation of GLP Study Reports: Questions and Answers.''
Nonclinical laboratory studies conducted in compliance with GLP
regulations (21 CFR part 58) are being conducted by testing facilities
located in foreign countries. In instances where the GLP study report
is generated in a non-English language, the study report is often
translated into English for submission to FDA. When translating a study
report into English from a study conducted in compliance with GLP
regulations, the translation should be clear, accurate, complete, and
follow written processes and procedures. The sponsor should ensure that
the

translated report is an accurate representation of the original GLP
study report.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Translation
of GLP Study Reports: Questions and Answers.'' It does not establish
any rights for any person and is not binding on FDA or the public. You
can use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. The
previously approved collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act (PRA) (44 U.S.C. 3501-3521). The collections of information in 21
CFR part 58 for good laboratory practice for nonclinical laboratory
studies have been approved under OMB control number 0910-0119.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.regulations.gov, or https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances.

    Dated: November 17, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-25859 Filed 11-21-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Notices]
[Page 80061]
[FR Doc No: 2010-31986]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0626]

Abbott Laboratories, Inc.; Withdrawal of Approval of a New Drug
Application for MERIDIA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of a new drug application (NDA) for MERIDIA (sibutramine hydrochloride
(HCl)) oral capsules held by Abbott Laboratories, Inc. (Abbott), 100
Abbott Park Rd., Abbott Park, IL 60064. Abbott has voluntarily
requested that approval of this application be withdrawn, thereby
waiving its opportunity for a hearing.

DATES: Effective December 21, 2010.

FOR FURTHER INFORMATION CONTACT: Nicole Mueller, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 6312, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: On October 7, 2010, FDA requested that
Abbott voluntarily withdraw MERIDIA (sibutramine HCl) oral capsules
from the market, based on FDA's recent analysis of clinical trial data
from the Sibutramine Cardiovascular Outcomes Trial (SCOUT) that
indicated that MERIDIA poses an increased risk of heart attack and
stroke. In a letter dated October 12, 2010, Abbott requested that FDA
withdraw approval of NDA 20-632 for MERIDIA (sibutramine HCl) oral
capsules under Sec.  314.150(d) (21 CFR 314.150(d)). In that letter,
Abbott also waived its opportunity for a hearing, provided under Sec.
314.150(a). In FDA's acknowledgment letter of November 1, 2010, the
agency stated that based on the review of the SCOUT data and the
assessment of the September 15, 2010, meeting of FDA's Endocrinologic
and Metabolic Drugs Advisory Committee at which the SCOUT data were
reviewed, we find the benefits of MERIDIA (sibutramine HCl) oral
capsules, indicated for the management of obesity, including weight
loss and maintenance of weight loss, no longer outweigh the risks in
any identifiable patient population. FDA also acknowledged that Abbott
waived its opportunity for a hearing.
    Therefore, under section 505(e) of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 355(e)), Sec.  314.150(d), and under
authority delegated by the Commissioner of Food and Drugs to the
Director, Center for Drug Evaluation and Research, approval of NDA 20-
632, and all amendments and supplements thereto, is withdrawn (see
DATES). Distribution of this product in interstate commerce without an
approved application is illegal and subject to regulatory action (see
sections 505(a) and 301(d) of the FD&C Act (21 U.S.C. 355(a) and
331(d)).

    Dated: December 6, 2010.
Janet Woodcock,
Director, Center for Drug Evaluation and Research.
[FR Doc. 2010-31986 Filed 12-20-10; 8:45 am]
BILLING CODE 4160-01-P


announcing the effective date of those requirements after OMB approves
the collection.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

F. Federalism

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

G. Unfunded Mandates Reform Act

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

H. Taking of Private Property

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

I. Civil Justice Reform

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

J. Protection of Children

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

K. Indian Tribal Governments

    The Coast Guard received two comment letters from Indian Tribal
Government sources in response to the Draft Programmatic Environmental
Impact Statement (DPEIS). Those letters from the Makah Tribal Council
(MTC) and the Northwest Indian Fisheries Commission disagreed with the
selection of Alternative 5 in the DPEIS, and suggested that
consultation with the Makah Tribal Council was necessary. Additionally,
the Coast Guard received a letter from the MTC dated May 30, 2006,
concerning revised provisions on dispersants in the Northwest Area
Contingency Plan. All three letters expressed concern that dispersant
use on or near the Makah Usual and Accustomed Marine Area could cause
environmental damage.
    The Coast Guard agrees that consultation pursuant to Executive
Order 13175 is appropriate. The Makah Usual and Accustomed Marine Area
(UAMA) is excluded from the dispersant pre-approval zone described in
the Northwest Area Contingency Plan, Sec.  4610.1. After consultations
between the MTC and the Coast Guard, the MTC decided that it preferred
the UAMA to not be exempt from the requirements of this rule. Had the
MTC chosen otherwise, the UAMA would have been explicitly exempt from
the requirements of this rule, even if the Northwest Area Contingency
Plan were to include the UAMA in a pre-approval zone at some future
date. With regard to the Makah Tribe's preference for increasing
mechanical recovery requirements, please see the discussion of
mechanical recovery in section IV (B) of this preamble.
    In consideration of the foregoing, the Coast Guard certifies all
relevant requirements under Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments, have been met.

L. Energy Effects

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

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule uses the following voluntary consensus standards: ASTM
F1413-07, Standard Guide for Oil Spill Dispersant Application
Equipment: Boom and Nozzle Systems; ASTM F1737-07, Standard Guide for
Use of Oil Spill Dispersant Application Equipment During Spill
Response: Boom and Nozzle Systems; and, ASTM F1779-08, Standard
Practice for Reporting Visual Observations of Oil on Water. The
sections that reference these standards and the locations where these
standards are available are listed in 33 CFR 154.106 and 155.140.

N. Environment

    We analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.lD, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321-4370f), and concluded that preparation of
an Environmental Impact Statement (EIS) was necessary. A final
``Environmental Impact Statement'' has been completed and a ``Record of
Decision'' was made. This record was based on the assumption that this
rulemaking would result in a net environmental benefit within the
context of oil spill response efforts. The EIS is available in the
docket.

List of Subjects

33 CFR Part 154

    Alaska, Fire prevention, Hazardous substances, Oil pollution,
Reporting and recordkeeping requirements, Incorporation by reference.

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements, Incorporation by reference.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 154 and 155 as follows:

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

0
1. The authority citation for part 154 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland
Security Delegation No. 0170.1. Subpart F is also issued under 33
U.S.C. 2735.

0
2. Revise Sec.  154.106 to read as follows:

Sec.  154.106  Incorporation by reference: Where can I get a copy of
the publications incorporated by reference in this part?

    (a) Certain material is incorporated by reference (IBR) into this
part with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection
at the Coast Guard, Office of Port and Facility Activities, Cargo and
Facilities Division (CG-5332), 2100 Second Street SW., Washington, DC
20593-0001,<PHONE_NUMBER> and is available from the sources indicated in
this section below.
    (b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20037,<PHONE_NUMBER>, http://www.api.org/:
    (1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage
Tanks (Nonrefrigerated and Refrigerated), Third Edition, January 1982
(reaffirmed December 1987), IBR approved for Sec.  154.814.
    (2) API Recommended Practice 550, Manual on Installation of
Refinery Instruments and Control Systems, Part II--Process Stream
Analyzers, Section 1--Oxygen Analyzers, Fourth Edition, February 1985,
IBR approved for Sec.  154.824.
    (c) American National Standards Institute (ANSI), 11 West 42nd
Street, New York, NY 10036,<PHONE_NUMBER>, http://www.ansi.org:
    (1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988, IBR
approved for Sec. Sec.  154.500, 154.808, and 154.810.
    (2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150
and 300, 1979, IBR approved for Sec. Sec.  154.500 and 154.808.
    (3) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda), IBR
approved for Sec. Sec.  154.510 and 154.808.
    (d) ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959,<PHONE_NUMBER>, http://www.astm.org/:
    (1) ASTM F631-93, Standard Guide for Collecting Skimmer Performance
Data in Controlled Environments, IBR approved for Appendix C.
    (2) ASTM F715-95, Standard Test Methods for Coated Fabrics Used for
Oil Spill Control and Storage, IBR approved for Appendix C.
    (3) ASTM F722-82 (1993), Standard Specification for Welded Joints
for Shipboard Piping Systems, IBR approved for Appendix A and Appendix
B.
    (4) ASTM F1122-87 (1992), Standard Specification for Quick
Disconnect Couplings, IBR approved for Sec.  154.500.
    (5) ASTM F1155-98, Standard Practice for Selection and Application
of Piping System Materials, IBR approved for Appendix A and Appendix B.
    (6) ASTM F1413-07, Standard Guide for Oil Spill Dispersant
Application Equipment: Boom and Nozzle Systems, IBR approved for Sec.
154.1045.
    (7) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant
Application Equipment During Spill Response: Boom and Nozzle Systems,
IBR approved for Sec.  154.1045.
    (8) ASTM F1779-08, Standard Practice for Reporting Visual
Observations of Oil on Water, IBR approved for Sec.  154.1045.
    (e) International Electrotechnical Commission (IEC), Bureau Central
de la Commission Electrotechnique Internationale, 1 rue de Varembe,
Geneva, Switzerland, +41-22-919-02-11, http://www.iec.ch/:
    (1) IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial
Purposes: Part 1, General Requirements, 1979, IBR approved for Sec.
154.812.
    (2) IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial
Purposes: Part 2, Dimensional Interchangeability Requirements for Pin
and Contact-tube Accessories, 1981, IBR approved for Sec.  154.812.
    (f) National Electrical Manufacturers Association (NEMA), 1300
North 17th Street, Suite 1752, Rosslyn, Virginia 22209,<PHONE_NUMBER>,
http://www.nema.org/:
    (1) ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988,
IBR approved for Sec.  154.812.
    (2) [Reserved]
    (g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269-9101,<PHONE_NUMBER>, http://www.nfpa.org/:
    (1) NFPA 51B, Standard for Fire Prevention in Use of Cutting and
Welding Processes, 1994, IBR approved for Sec.  154.735.
    (2) NFPA 70, National Electrical Code, 2008, IBR approved for Sec.
154.812.
    (h) Oil Companies International Marine Forum (OCIMF), 29 Queen
Anne's Gate, London, SW1H 9BU, England, +44-0-20-7654-1200, http://
www.ocimf.com/:
    (1) International Safety Guide for Oil Tankers and Terminals,
Section 6.10, Fourth Ed., 1996, IBR approved for Sec.  154.810.
    (2) International Safety Guide for Oil Tankers and Terminals,
Sections 9.1, 9.2, 9.3 and 9.5, Fourth Ed., 1996, IBR approved for
Sec.  154.735.
    3. In Sec.  154.500, revise paragraph (d)(2) to read as follows:

Sec.  154.500  Hose assemblies.

* * * * *
    (d) * * *
    (2) Flanges that meet ANSI B16.5 or B16.24 (both incorporated by
reference; see Sec.  154.106); or
* * * * *

0
4. In Sec.  154.510, revise paragraph (a) to read as follows:

Sec.  154.510  Loading arms.

    (a) Each mechanical loading arm used for transferring oil or
hazardous material and placed into service after June 30, 1973, must
meet the design, fabrication, material, inspection, and testing
requirements in ANSI B31.3 (incorporated by reference; see Sec.
154.106).
* * * * *

0
5. In Sec.  154.735, revise paragraphs (l) introductory text and (s)
introductory text to read as follows:

Sec.  154.735  Safety requirements.

* * * * *
    (l) All welding or hot work conducted on or at the facility is the
responsibility of the facility operator. The COTP may require that the
operator of the facility notify the COTP before any welding or hot work
operations are conducted. Any welding or hot work operations conducted
on or at the facility must be conducted in accordance with NFPA 51B
(incorporated by reference; see Sec.  154.106). The facility operator
shall ensure that the following additional conditions or criteria are
met:
* * * * *
    (s) Tank cleaning or gas freeing operations conducted by the
facility on vessels carrying oil residues or mixtures shall be
conducted in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the
OCIMF International Safety Guide for Oil Tankers and Terminals (ISGOTT)

(incorporated by reference; see Sec.  154.106), except that--
* * * * *

0
6. In Sec.  154.808, revise paragraph (b) to read as follows:

Sec.  154.808  Vapor control system, general.

* * * * *
    (b) Vapor collection system piping and fittings must be in
accordance with ANSI B31.3 (incorporated by reference; see Sec.
154.106) and designed for a maximum allowable working pressure of at
least 150 psig. Valves and flanges must be in accordance with ANSI
B16.5 or B16.24 (both incorporated by reference; see Sec.  154.106),
150 pound class.
* * * * *

0
7. In Sec.  154.810, revise paragraphs (d)(5)(i) and (g) to read as
follows:

Sec.  154.810  Vapor line connections.

* * * * *
    (d) * * *
    (5) * * *
    (i) A bolt hole arrangement complying with the requirements for 150
pound class ANSI B16.5 (incorporated by reference; see Sec.  154.106)
flanges, and
* * * * *
    (g) The facility vapor connection must be electrically insulated
from the vessel vapor connection in accordance with section 6.10 of the
OCIMF International Safety Guide for Oil Tankers and Terminals
(incorporated by reference; see Sec.  154.106).
* * * * *

0
8. In Sec.  154.812, revise paragraphs (a)(1), (a)(2), and (b)(6)
introductory text to read as follows:

Sec.  154.812  Facility requirements for vessel liquid overfill
protection.

    (a) * * *
    (1) ANSI/NEMA WD6 (incorporated by reference; see Sec.  154.106);
    (2) NFPA 70, National Electrical Code, Articles 410-57 and 501-12;
incorporated by reference; see Sec.  154.106); and
* * * * *
    (b) * * *
    (6) Has a female connecting plug for the tank barge level sensor
system with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2
(incorporated by reference; see Sec.  154.106) which is:
* * * * *

0
9. In Sec.  154.814, revise paragraph (j)(4) to read as follows:

Sec.  154.814  Facility requirements for vessel vapor overpressure and
vacuum protection.

* * * * *
    (j) * * *
    (4) Has been tested for relieving capacity in accordance with
paragraph <IP_ADDRESS> of API 2000 (incorporated by reference; see Sec.
154.106) with a flame screen fitted.
* * * * *

0
10. In Sec.  154.824, revise paragraph (f)(1) to read as follows:

Sec.  154.824  Inerting, enriching, and diluting systems.

* * * * *
    (f) * * *
    (1) Be installed in accordance with API Recommended Practice 550
(incorporated by reference; see Sec.  154.106);
* * * * *

0
11. In Sec.  154.1020, add the definitions ``Dispersant-application
platform,'' ``Dispersant Mission Planner 2,'' ``Effective Daily
Application Capacity or EDAC,'' ``Gulf Coast,'' ``Operational
effectiveness monitoring,'' ``Pre-authorization for dispersant use,''
and ``Primary dispersant staging site'' in alphabetical order to read
as follows:

Sec.  154.1020  Definitions.

* * * * *
    Dispersant-application platform means the vessel or aircraft
outfitted with the dispersant-application equipment acting as the
delivery system for the dispersant onto the oil spill.
    Dispersant Mission Planner 2 or (DMP2) means an Internet-
downloadable application that estimates EDAC for different dispersant
response systems. The NSFCC will use DPMP2 for evaluating OSRO
dispersant classification levels.
    Effective Daily Application Capacity or EDAC means the estimated
amount of dispersant that can be applied to a discharge by an
application system given the availability of supporting dispersant
stockpiles, when operated in accordance with approved standards and
within acceptable environmental conditions.
* * * * *
    Gulf Coast means, for the purposes of dispersant-application
requirements, the region encompassing the following Captain of the Port
Zones:
    (1) Corpus Christi, TX.
    (2) Houston/Galveston, TX.
    (3) Port Arthur, TX.
    (4) Morgan City, LA.
    (5) New Orleans, LA.
    (6) Mobile, AL.
    (7) St. Petersburg, FL.
* * * * *
    Operational effectiveness monitoring means monitoring concerned
primarily with determining whether the dispersant was properly applied
and how the dispersant is affecting the oil.
* * * * *
    Pre-authorization for dispersant use means an agreement, adopted by
a regional response team in coordination with area committees, which
authorizes the use of dispersants at the discretion of the Federal On-
Scene Coordinator without the further approval of other Federal or
State authorities. These pre-authorization areas are generally limited
to particular geographic areas within each region.
    Primary dispersant staging site means a site designated within a
Captain of the Port zone that has been identified as a forward staging
area for dispersant application platforms and the loading of dispersant
stockpiles. Primary staging sites are typically the planned locations
where platforms load or reload dispersants before departing for
application at the site of the discharge and may not be the locations
where dispersant stockpiles are stored or application platforms are
home-based.
* * * * *

0
10. In Sec.  154.1035--
0
a. Revise paragraph (b)(3)(iv);
0
b. Redesignate paragraph (b)(3)(v) as paragraph (b)(3)(ix); and,
0
c. Add new paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), and
(b)(3)(viii) to read as follows:

Sec.  154.1035  Specific requirements for facilities that could
reasonably be expected to cause significant and substantial harm to the
environment.

* * * * *
    (b) * * *
    (3) * * *
    (iv) This subsection of the plan must identify the oil spill
removal organizations and the spill management team that will be
capable of providing the following resources:
    (A) Equipment and supplies to meet the requirements of Sec. Sec.
154.1045, 154.1047, or subparts H or I of this part, as appropriate.
    (B) Trained personnel necessary to continue operation of the
equipment and staff the oil spill removal organization and spill
management team for the first 7 days of the response.
    (v) This section must include job descriptions for each spill
management team member within the organizational structure described in
paragraph (b)(3)(iii) of this section. These job descriptions must
include the responsibilities and duties of each spill management team
member in a response action.
    (vi) For facilities that handle, store, or transport group II
through group IV petroleum oils, and that operate in waters where
dispersant use is pre-authorized, this subsection of the plan must also
separately list the resource

providers and specific resources, including appropriately trained
dispersant-application personnel, necessary to provide the dispersant
capabilities required in this subpart. All resource providers and
resources must be available by contract or other approved means as
described in Sec.  154.1028(a). The dispersant resources to be listed
within this section must include the following:
    (A) Identification of each primary dispersant staging site to be
used by each dispersant-application platform to meet the requirements
of this subpart.
    (B) Identification of the platform type, resource-providing
organization, location, and dispersant payload for each dispersant-
application platform identified. Location data must identify the
distance between the platform's home base and the identified primary
dispersant staging site for this section.
    (C) For each unit of dispersant stockpile required to support the
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier
of operation, identify the dispersant product resource provider,
location, and volume. Location data must include the stockpile's
distance to the primary staging sites where the stockpile would be
loaded onto the corresponding platforms.
    (D) If an oil spill removal organization has been evaluated by the
Coast Guard, and its capability is equal to or exceeds the response
capability needed by the owner or operator, the section may identify
only the oil spill removal organization, and not the information
required in paragraphs (b)(3)(vi)(A) through (b)(3)(vi)(C) of this
section.
    (vii) This subsection of the plan must also separately list the
resource providers and specific resources necessary to provide aerial
oil tracking capabilities required in this subpart. The oil tracking
resources to be listed within this section must include the following:
    (A) The identification of a resource provider; and
    (B) Type and location of aerial surveillance aircraft that are
ensured available, through contract or other approved means, to meet
the oil tracking requirements of Sec.  154.1045(j).
    (viii) For mobile facilities that operate in more than one COTP
zone, the plan must identify the oil spill removal organization and the
spill management team in the applicable geographic-specific appendix.
The oil spill removal organization(s) and the spill management team
discussed in paragraph (b)(3)(iv) of this section must be included for
each COTP zone in which the facility will handle, store, or transport
oil in bulk.
* * * * *

0
11. In Sec.  154.1045--
0
a. Revise paragraph (i) as set out below;
0
b. Redesignate paragraphs (j), (k), (l), (m), and (n) as paragraphs
(k), (l), (m), (n), and (o), respectively;
0
c. Add new paragraph (j) to read as follows;
0
d. Revise newly designated paragraph (o) to read as set out below:

Sec.  154.1045  Response plan development and evaluation criteria for
facilities that handle, store, or transport Group I through Group IV
petroleum oils.

* * * * *
    (i) The owner or operator of a facility that handles, stores, or
transports groups II through IV petroleum oils within the inland,
nearshore, or offshore areas where pre-authorization for dispersant use
exists must identify in their response plan, and ensure the
availability of, through contract or other approved means, response
resources capable of conducting dispersant operations within those
areas.
    (1) Dispersant response resources must be capable of commencing
dispersant-application operations at the site of a discharge within 7
hours of the decision by the Federal On-Scene Coordinator to use
dispersants.
    (2) Dispersant response resources must include all of the
following:
    (i) Sufficient volumes of dispersants for application as required
by paragraph (i)(3) of this section. Any dispersants identified in a
response plan must be of a type listed on the National Oil and
Hazardous Substances Pollution Contingency Plan Product Schedule (which
is contained in 40 CFR part 300, and available online from the U.S.
Government Printing Office).
    (ii) Dispersant-application platforms capable of delivering and
applying the dispersant on a discharge in the amounts as required by
paragraph (i)(3) of this section. At least 50 percent of each EDAC tier
requirement must be achieved through the use of fixed-wing, aircraft-
based application platforms. For dispersant-application platforms not
detailed within the DMP2, adequacy of performance criteria must be
documented by presentation of independent evaluation materials (e.g.,
field tests and reports of actual use) that record the performance of
the platform.
    (iii) Dispersant-application systems that are consistent in design
with, and are capable of applying dispersants within, the performance
criteria in ASTM F1413-07 (incorporated by reference, see Sec.
154.106). For dispersant-application systems not fully covered by ASTM
F1413-07, such as fire monitor-type applicators, adequacy of
performance criteria must be documented by presentation of independent
evaluation materials (e.g., laboratory tests, field tests, and reports
of actual use) that record the design of performance specifications.
    (iv) Dispersant-application personnel trained in and capable of
applying dispersants according to the recommended procedures contained
within ASTM F1737-07 (incorporated by reference, see Sec.  154.106).
    (3) Dispersant stockpiles, application platforms, and other
supporting resources must be available in a quantity and type
sufficient to treat a facility's worst-case discharge (as determined by
using the criteria in appendix C, section 8) or in quantities
sufficient to meet the requirements in Table 154.1045(i) of this
section, whichever is the lesser amount.

                       Table 154.1045(i)--Tiers for Effective Daily Application Capability
----------------------------------------------------------------------------------------------------------------
                                                                                Dispersant application
                                          Response time for     Dispersant  application  dispersant: oil treated
                                        completed  application  dispersant: oil treated    in gallons all other
                                               (hours)          in gallons (Gulf Coast)            U.S.
----------------------------------------------------------------------------------------------------------------
Tier 1...............................                       12            8,250:165,000             4,125:82,500
Tier 2...............................                       36           23,375:467,000           23,375:467,000
Tier 3...............................                       60           23,375:467,000           23,375:467,000
                                      --------------------------------------------------------------------------
    Total............................                       60         55,000:1,100,000         50,875:1,017,500
----------------------------------------------------------------------------------------------------------------

    Note to Table 154.1045(i):  Gulf Coast Tier 1 is higher due to
greater potential spill size and frequency in that area, and it is
assumed that dispersant stockpiles would be centralized in the Gulf
area. Alternative application ratios may be considered based upon
submission to Coast Guard Headquarters, Office of Incident
Management and Preparedness (CG-533,<PHONE_NUMBER>, 2100 2nd Street,
SW., room 2100, Washington, DC 20593) of peer-reviewed scientific
evidence of improved capability.

    (j) The owner or operator of a facility handling Groups I through
IV petroleum oil as a primary cargo must identify in the response plan,
and ensure the availability through contract or other approved means,
of response resources necessary to provide aerial oil tracking to
support oil spill assessment and cleanup activities. Facilities
operating exclusively on inland rivers are not required to comply with
this paragraph. Aerial oil tracking resources must:
    (1) Be capable of arriving at the site of a discharge in advance of
the arrival of response resources identified in the plan for tiers 1,
2, and 3 Worst-Case Discharge response times, and for a distance up to
50 nautical miles from shore (excluding inland rivers);
    (2) Be capable of supporting oil spill removal operations
continuously for three 10-hour operational periods during the initial
72 hours of the discharge;
    (3) Include appropriately located aircraft and personnel capable of
meeting the response time requirement for oil tracking from paragraph
(j)(1) of this section; and
    (4) Include sufficient numbers of aircraft, pilots, and trained
observation personnel to support oil spill removal operations,
commencing upon initial assessment, and capable of coordinating on-
scene cleanup operations, including dispersant and mechanical recovery
operations. Observation personnel must be trained in:
    (i) The protocols of oil-spill reporting and assessment, including
estimation of slick size, thickness, and quantity; and
    (ii) The use of assessment techniques in ASTM F1779-08
(incorporated by reference, see Sec.  154.106), and familiar with the
use of other guides, such as NOAA's ``Open Water Oil Identification Job
Aid for Aerial Observation,'' and NOAA's ``Characteristic Coastal
Habitats'' guide (available on the Internet at http://
response.restoration.noaa.gov/use the following links in the order
presented: Home[bond]Emergency Response[bond]Responding to Oil Spills).
* * * * *
    (o) The Coast Guard will continue to evaluate the environmental
benefits, cost efficiency and practicality of increasing mechanical
recovery capability requirements. This continuing evaluation is part of
the Coast Guard's long term commitment to achieving and maintaining an
optimum mix of oil spill response capability across the full spectrum
of response modes. As best available technology demonstrates a need to
evaluate or change mechanical recovery capacities, a review of cap
increases and other requirements contained within this subpart may be
performed. Any changes in the requirements of this section will occur
through a public notice and comment process. During this review, the
Coast Guard will determine if established caps remain practicable and
if increased caps will provide any benefit to oil spill recovery
operations. The review will include, at least, an evaluation of:
    (1) Best available technologies for containment and recovery;
    (2) Oil spill tracking technology;
    (3) High rate response techniques;
    (4) Other applicable response technologies; and
    (5) Increases in the availability of private response resources.
* * * * *

0
12. In Sec.  154.1065, add new paragraph (e) to read as follows:

Sec.  154.1065  Plan review and revision procedures.

* * * * *
    (e) If required by Sec. Sec.  154.1035(b)(3) or 154.1045, a new or
existing facility owner or operator must submit the required dispersant
and aerial oil tracking resource revisions to a previously submitted or
approved plan, made pursuant to Sec. Sec.  154.1035(b)(3) or 154.1045,
to the COTP and all other holders of the response plan for information
or approval no later than February 22, 2011.
0
13. In appendix C to Part 154, revise section 8 and amend Table 5 in
section 9 by revising the entries for ``February 18, 2003'' to read as
follows:

Appendix C to Part 154--Guidelines for Determining and Evaluating
Required Response Resources for Facility Response Plans

* * * * *

8. Determining the Capability of High-Rate Response Methods

    8.1. Calculate cumulative dispersant application capacity as
follows:
    8.1.1 A facility owner or operator must plan either for a
dispersant capacity to respond to a facility's worst case discharge
(WCD) of oil, or for the amount of the dispersant resource cap as
required by Sec.  154.1045(i)(3) of this chapter, whichever is the
lesser amount. When planning for the cumulative application capacity
required, the calculations must account for the loss of some oil to
the environment due to natural dissipation causes (primarily
evaporation). The following procedure must be used to determine the
cumulative application requirements:
    8.1.2 Determine the WCD volume of oil in gallons and the
appropriate oil group for the type of petroleum oil (persistent
Groups II, III, and IV). For facilities with mixed petroleum oils,
assume a total WCD volume using the group that constitutes the
largest portion of the oil being handled or the group with the
smallest natural dissipation factor;
    8.1.3 Multiply the total WCD amount in gallons by the natural
dissipation factor for the appropriate oil group as follows: Group
II factor is 0.50; Group III is 0.30; and Group IV is 0.10. This
represents the amount of oil that can be expected to be lost to
natural dissipation in a nearshore environment. Subtract the oil
amount lost to natural dissipation from the total WCD amount to
determine the remaining oil available for treatment by dispersant
application; and
    8.1.4 Multiply the oil available for dispersant treatment by the
dispersant-to-oil planning application ratio of 1 part dispersant to
20 parts oil (0.05). The resulting number represents the cumulative
total dispersant-application capability that must be ensured
available within the first 60 hours.
    8.1.5(i) The following is an example of the procedure described
in paragraphs 8.1.1 through 8.1.4 above: A facility with a 1,000,000
gallon WCD of crude oil (specific gravity 0.87) is located in an
area with pre-authorization for dispersant use in the nearshore
environment on the U.S. East Coast:
    WCD: 1,000,000 gallons, Group III oil.
    Natural dissipation factor for Group III: 30 percent.
    General formula to determine oil available for dispersant
treatment: (WCD)-[(WCD) x (natural dissipation factor)] = available
oil.
    E.g., 1,000,000 gal-(1,000,000 gal x .30) = 700,000 gallons of
available oil.
    Cumulative application capacity = Available oil x planning
application ratio (1 gal dispersant/20 gals oil = 0.05).
    E.g., 700,000 gal oil x (0.05) = 35,000 gallons cumulative
dispersant-application capacity.
    (ii) The requirements for cumulative dispersant-application
capacity (35,000 gallons) for this facility's WCD is less than the
overall dispersant capability for non-Gulf Coast waters required by
Sec.  155.1045(i)(3) of this chapter. Because paragraph 8.1.1 of
this appendix requires owners and operators to ensure the
availability of the lesser of a facility's dispersant requirements
for WCD or the amount of the dispersant cap provided for in Sec.
154.1045(i)(3), the facility in this example would be required to
ensure the availability of 35,000 gallons of dispersant. More
specifically, this facility would be required to meet the following
tier requirements in Sec.  154.1045(i)(3), which total 35,000
gallons application:
    Tier 1--4,125 gallons--Completed in 12 hours.

    Tier 2--23,375 gallons--Completed in 36 hours.
    Tier 3--7,500 gallons--Completed in 60 hours.
    8.2 Determine Effective Daily Application Capacities (EDACs) for
dispersant response systems as follows:
    8.2.1 EDAC planning estimates for compliance with the dispersant
application requirements in Sec.  154.1045(i)(3) are to be based on:
    <IP_ADDRESS> The spill occurring at the facility;
    <IP_ADDRESS> Specific dispersant application platform operational
characteristics identified in the Dispersant Mission Planner 2 or as
demonstrated by operational tests;
    <IP_ADDRESS> Locations of primary dispersant staging sites; and
    <IP_ADDRESS> Locations and quantities of dispersant stockpiles.
    8.2.2 EDAC calculations with supporting documentation must be
submitted to the NSFCC for classification as a Dispersant Oil Spill
Removal Organization.
    8.2.3(i) EDAC can also be calculated using the Dispersant
Mission Planner 2 (DMP2). The DMP2 is a downloadable application
that calculates EDAC for different dispersant response systems. It
is located on the Internet at: http://
www.response.restoration.noaa.gov/spilltools.
    (ii) The DMP2 contains operating information for the vast
majority of dispersant application platforms, including aircraft,
both rotary and fixed wing, and vessels. The DMP2 produces EDAC
estimates by performing calculations based on performance parameters
of dispersant application platforms, locations of primary dispersant
staging sites, home-based airport or port locations, and the
facility location (for the spill site).
    8.2.4 For each Captain of the Port zone where a dispersant
response capability is required, the response plan must identify:
    <IP_ADDRESS> The type, number, and location of each dispersant-
application platform intended for use to meet dispersant delivery
requirements specified in Sec.  154.1045(i)(3) of this chapter;
    <IP_ADDRESS> The amount and location of available dispersant
stockpiles to support each platform; and,
    <IP_ADDRESS> A primary staging site for each platform that will serve
as its base of operations for the duration of the response.
    8.3 In addition to the equipment and supplies required, a
facility owner or operator must identify a source of support to
conduct the monitoring and post-use effectiveness evaluation
required by applicable regional plans and ACPs.
    8.4 Identification of the resources for dispersant application
does not imply that the use of this technique will be authorized.
Actual authorization for use during a spill response will be
governed by the provisions of the National Oil and Hazardous
Substances Contingency Plan (40 CFR part 300) and the applicable
Local or Area Contingency Plan.

9. Additional Equipment Necessary To Sustain Response Operations

* * * * *

                               Table 5--Response Capability Caps By Operating Area
----------------------------------------------------------------------------------------------------------------
                                                Tier 1                   Tier 2                   Tier 3
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
February 18, 2003:
    All except rivers & canals &       12.5K bbls/day.........  25K bbls/day...........  50K bbls/day.
     Great Lakes.
    Great Lakes......................  6.25K bbls/day.........  12.3K bbls/day.........  25K bbls/day.
    Rivers & canals..................  1,875 bbls/day.........  3,750 bbls/day.........  7,500 bbls/day.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS

0
14. The authority citation for part 155 continues to read as follows:

    Authority:  33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-
1975 Comp., p. 793. Sections 155.100 through 155.130, 150.350
through 155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of
Pub. L. 101-380.

    Note:  Additional requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR parts 30 through 40,
150, 151, and 153.

0
15. In Sec.  155.140--
0
(a) In paragraph (a), after the words ``Washington, DC 20593-0001'' add
the phone number ``,<PHONE_NUMBER>''; and,
0
(b) Add new paragraphs (c)(4), (c)(5), and (c)(6) to read as follows:

Sec.  155.140  Incorporation by reference.

* * * * *
    (c) * * *
    (4) ASTM F1413-07, Standard Guide for Oil Spill Dispersant
Application Equipment: Boom and Nozzle Systems, incorporation by
reference approved for Sec.  155.1050.
    (5) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant-
Application Equipment During Spill Response: Boom and Nozzle Systems,
incorporation by reference approved for Sec.  155.1050.
    (6) ASTM F1779-08, Standard Practice for Reporting Visual
Observations of Oil on Water, incorporation by reference approved for
Sec.  155.1050.
* * * * *

0
16. In Sec.  155.230, revise paragraph (b)(1)(i)(D) to read as follows:

Sec.  155.230  Emergency control systems for tank barges.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (D) Each operator of the system should wear a safety belt or
harness secured by a lanyard to a lifeline, drop line, or fixed
structure such as a welded padeye, if the sea or the weather warrants
this precaution. Each safety belt, harness, lanyard, lifeline, and drop
line must meet the specifications of ANSI A10.14 (incorporated by
reference, see Sec.  155.140).
* * * * *

0
17. Revise Sec.  155.235 to read as follows:

Sec.  155.235  Emergency towing capability for oil tankers.

    An emergency towing arrangement shall be fitted at both ends on
board all oil tankers of not less than 20,000 deadweight tons (dwt),
constructed on or after September 30, 1997. For oil tankers constructed
before September 30, 1997, such an arrangement shall be fitted at the
first scheduled dry-docking, but not later than January 1, 1999. The
design and construction of the towing arrangement shall be in
accordance with IMO resolution MSC.35(63) (incorporated by reference;
see Sec.  155.140).

0
18. In Sec.  155.1020, add the following definitions, ``Dispersant-
application platform,'' ``Dispersant Mission Planner 2 (DMP2),''
``Effective daily application capacity or EDAC,'' ``Gulf Coast,''
``Operational effectiveness monitoring,''

``Pre-authorization for dispersant,'' and ``Primary dispersant staging
site'' in alphabetical order to read as follows:

Sec.  155.1020  Definitions.

* * * * *
    Dispersant-application platform means the vessel or aircraft
outfitted with the dispersant-application equipment acting as the
delivery system for the dispersant onto the oil spill.
    Dispersant Mission Planner 2 (DMP2) means an Internet-downloadable
application that estimates EDAC for different dispersant response
systems. The NSFCC will use DPMP2 for evaluating OSRO dispersant
classification levels.
    Effective daily application capacity or EDAC means the estimated
amount of dispersant that can be applied to a discharge by an
application system, given the availability of supporting dispersant
stockpiles, when operated in accordance with approved standards and
within acceptable environmental conditions.
* * * * *
    Gulf Coast means for the purposes of dispersant application
requirements, the regions encompassing the following Captain of the
Port Zones:
    (1) Corpus Christi, TX;
    (2) Houston/Galveston, TX;
    (3) Port Arthur, TX;
    (4) Morgan City, LA;
    (5) New Orleans, LA;
    (6) Mobile, AL; and
    (7) St. Petersburg, FL.
* * * * *
    Operational effectiveness monitoring means monitoring concerned
primarily with determining whether the dispersant was properly applied
and how the dispersant is affecting the oil.
* * * * *
    Pre-authorization for dispersant use means an agreement, adopted by
a regional response team in coordination with area committees, that
authorizes the use of dispersants at the discretion of the Federal On-
Scene Coordinator without the further approval of other Federal or
State authorities. These pre-authorization areas are generally limited
to particular geographic areas within each region.
    Primary dispersant staging site means a site designated within a
Captain of the Port zone which is identified as a forward staging area
for dispersant-application platforms and the loading of dispersant
stockpiles. Primary staging sites would normally be the planned
location where the platform would load or reload dispersants prior to
departing for application at the site of the discharge and may not be
the location where dispersant stockpiles are stored or application
platforms are home based.
* * * * *

0
19. In Sec.  155.1035--
0
a. Revise paragraph(c)(5)(i) and paragraph (i)(9); and,
0
b. Add paragraphs (i)(10) and (i)(11) to read as follows:

Sec.  155.1035  Response plan requirements for manned vessels carrying
oil as a primary cargo.

* * * * *
    (c) * * *
    (5) * * *
    (i) The format and content of the ship-to-ship transfer procedures
must be consistent with the Ship to Ship Transfer Guide (Petroleum)
(incorporated by reference; see Sec.  155.140) published jointly by the
International Chamber of Shipping and the Oil Companies International
Marine Forum (OCIMF).
* * * * *
    (i) * * *
    (9) For vessels that handle, store, or transport Group I through
Group V petroleum oils, the appendix must also separately list the
resource providers identified to provide the salvage, vessel
firefighting, and lightering capabilities required in this subpart.
    (10) For vessels that handle, store, or transport Group II through
Group IV petroleum oils, and that operate in waters where dispersant
use pre-authorization agreements exist, the appendix must also
separately list the resource providers and specific resources,
including appropriately trained dispersant-application personnel,
necessary to provide, if appropriate, the dispersant capabilities
required in this subpart. All resource providers and resources must be
available by contract or other approved means. The dispersant resources
to be listed within this section must include the following:
    (i) Identification of each primary dispersant staging site to be
used by each dispersant-application platform to meet the requirements
of Sec.  155.1050(k) of this chapter;
    (ii) Identification of the platform type, resource provider,
location, and dispersant payload for each dispersant-application
platform identified. Location data must identify the distance between
the platform's home base and the identified primary dispersant-staging
site(s) for this section.
    (iii) For each unit of dispersant stockpile required to support the
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier
of operation, identify the dispersant product resource provider,
location, and volume. Location data must include the distance from the
stockpile to the primary staging sites where the stockpile would be
loaded onto the corresponding platforms. If an oil spill removal
organization has been evaluated by the Coast Guard and its capability
has been determined to meet the response capability needed by the owner
or operator, the section may identify the oil spill removal
organization only, and not the information required in paragraphs
(i)(10)(i) through (i)(10)(iii) of this section.
    (11) The appendix must also separately list the resource providers
and specific resources necessary to provide oil-tracking capabilities
required in this subpart. The oil tracking resources to be listed
within this section must include the following:
    (i) The identification of a resource provider; and
    (ii) The type and location of aerial surveillance aircraft that
have been ensured available, through contract or other approved means,
to meet the oil tracking requirements of Sec.  155.1050(l) of this
chapter.
* * * * *

0
18. In Sec.  155.1040--
0
a. Revise paragraph (j)(9); and,
0
b. Add new paragraphs (j)(10) and (j)(11) to read as follows:

Sec.  155.1040  Response plan requirements for unmanned tank barges
carrying oil as a primary cargo.

* * * * *
    (j) * * *
    (9) The appendix must include a separate listing of the resource
providers identified to provide the salvage, vessel firefighting, and
lightering capabilities required in this subpart.
    (10) The appendix must include a separate listing of the resource
providers and specific resources necessary to provide, if appropriate,
the dispersant capabilities required in this subpart. The dispersant
resources to be listed within this section must include:
    (i) Identification of a primary dispersant-staging site or sites to
be used by each dispersant-application platform that is ensured
available, through contract or other approved means, to meet the
requirements of Sec.  155.1050(k);
    (ii) Identification of the type, resource provider, location, and
dispersant payload for each dispersant-application platform identified
and ensured available. Location data must identify the distance between
the platform's

home base and the identified primary dispersant staging sites for this
section; and,
    (iii) For each unit of dispersant stockpile required to support the
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier
of operation, identification of the dispersant product resource
provider, location, and volume. Location data must include the
stockpile's distance to the primary staging sites where it will be
loaded onto the corresponding platforms. If an oil spill removal
organization has been evaluated by the Coast Guard and its capability
has been determined to equal or exceed the response capability needed
by the owner or operator, the appendix may identify only the oil spill
removal organization, and not the information required in paragraphs
(j)(10)(i) through (j)(10)(iii) of this section.
    (11) The appendix must include a separate listing of the resource
providers and specific resources necessary to provide oil-tracking
capabilities required in this subpart. The oil tracking resources
listed within this section must include:
    (i) The identification of a resource provider; and,
    (ii) The type and location of aerial surveillance aircraft that
have been ensured available, through contract or other approved means,
to meet the oil tracking requirements of Sec.  155.1050(l) of this
chapter.
* * * * *

0
19. In Sec.  155.1050--
0
a. Remove paragraph (j);
0
b. Redesignate paragraph (p) as paragraph (q), and revise the newly
redesignated paragraph (q);
0
c. Redesignate paragraphs (k), (l), (m), (n), and (o) as paragraphs
(j), (m), (n), (o), and (p), respectively; and,
0
d. Add new paragraphs (k), and (l) to read as follows:

Sec.  155.1050  Response plan development and evaluation criteria for
vessels carrying groups I through IV petroleum oil as a primary cargo.

* * * * *
    (k) The owner or operator of a vessel carrying groups II through IV
petroleum oil as a primary cargo that operates in any inland,
nearshore, or offshore area with pre-authorization for dispersant use
must identify in their response plan, and ensure availability through
contract or other approved means, of response resources capable of
conducting dispersant operations within those areas.
    (1) Dispersant response resources must be capable of commencing
dispersant-application operations at the site of a discharge within 7
hours of the decision by the Federal On-Scene Coordinator to use
dispersants.
    (2) Dispersant response resources must include all of the
following:
    (i) Sufficient dispersant capability for application as required by
paragraph (k)(3) of this section. Any dispersants identified in a
response plan must be of a type listed on the National Oil and
Hazardous Substances Pollution Contingency Plan Product Schedule
(contained in 40 CFR part 300, and available online from the U.S.
Government Printing Office).
    (ii) Dispersant-application platforms capable of delivering and
applying dispersant in the amounts required by paragraph (k)(3) of this
section. At least 50 percent of each effective daily application
capacity (EDAC) tier requirement must be achieved through the use of
fixed wing aircraft-based application platforms. The adequacy of
dispersant-application platforms not detailed within the Dispersant
Mission Planner 2 must be documented by presentation of independent
evaluation materials (e.g., field tests and reports of actual use).
    (iii) Dispersant-application personnel trained in and capable of
applying dispersants within the performance criteria in ASTM F1413-07
(incorporated by reference, see Sec.  155.140). The adequacy of
dispersant-application systems not fully covered by ASTM F1413-07, such
as fire monitor-type applicators, must be documented by presentation of
independent evaluation materials (e.g., laboratory tests, field tests,
and reports of actual use).
    (iv) Dispersant-application systems ensured to be available,
including trained personnel, that are capable of applying dispersants
in accordance with the recommended procedures in ASTM F1737-07
(incorporated by reference, see Sec.  155.140).

                       Table 155.1050(k)--Tiers for Effective Daily Application Capability
----------------------------------------------------------------------------------------------------------------
                                                     Response                             Dispersant application
                                                     time for    Dispersant application  dispersant: oil treated
                                                    completed   dispersant: oil treated    in gallons All other
                                                   application  in gallons (Gulf Coast)            U.S.
----------------------------------------------------------------------------------------------------------------
Tier 1...........................................           12            8,250:165,000             4,125:82,500
Tier 2...........................................           36           23,375:467,000           23,375:467,000
Tier 3...........................................           60           23,375:467,000           23,375:467,000
                                                  --------------------------------------------------------------
    Total........................................           60         55,000:1,100,000         50,875:1,017,500
----------------------------------------------------------------------------------------------------------------

    Note:  Gulf Coast Tier 1 is higher due to greater potential
spill size and frequency in that area, and it is assumed that
dispersant stockpiles would be centralized in the Gulf area.
Alternative application ratios may be considered based on submission
to Coast Guard Headquarters, Office of Incident Management &
Preparedness (CG-533) of peer-reviewed scientific evidence of
improved capability.

    (3) Dispersant stockpiles, application platforms, and other
supporting resources must be ensured available in a quantity and type
sufficient to treat a vessel's worst case discharge (as determined by
using the criteria in Section 8 of appendix B), or in quantities
sufficient to meet the requirements in Table 155.1050(k), whichever is
the lesser amount.
    (l) The owner or operator of a vessel carrying groups I through IV
petroleum oil as a primary cargo must identify in the response plan,
and ensure their availability through contract or other approved means,
response resources necessary to provide aerial oil tracking to support
oil spill assessment and cleanup activities. Vessels operating on
inland rivers are not required to comply with this paragraph.
    (1) Aerial oil tracking resources must be capable of arriving at
the site of a discharge in advance of the arrival of response resources
identified in the plan for tiers 1, 2, and 3 Worst Case Discharge
response times, and for a distance up to 50 nautical miles from shore
(excluding inland rivers).
    (2) Aerial oil tracking resources must include the following:

    (i) Appropriately located aircraft and personnel capable of meeting
the response time requirement for oil tracking in Sec.  155.1050(l)(1)
of this section;
    (ii) Sufficient numbers of aircraft, pilots, and trained
observation personnel to support oil spill operations, commencing upon
initial assessment, and capable of coordinating on-scene cleanup
operations, including dispersant, in-situ burning, and mechanical
recovery operations;
    (iii) Observation personnel must be trained in the protocols of oil
spill reporting and assessment, including estimation of slick size,
thickness, and quantity. Observation personnel must be trained in the
use of assessment techniques in ASTM F1779-08 (incorporated by
reference, see Sec.  155.140), and familiar with the use of pertinent
guides, including, but not limited to, NOAA's ``Open Water Oil
Identification Job Aid for Aerial Observation'' and the
``Characteristic Coastal Habitats'' guide; and
    (iv) The capability of supporting oil spill removal operations
continuously for three 10-hour operational periods during the initial
72 hours of the discharge.
* * * * *
    (q) The Coast Guard will continue to evaluate the environmental
benefits, cost efficiency and practicality of increasing mechanical
recovery capability requirements. This continuing evaluation is part of
the Coast Guard's long term commitment to achieving and maintaining an
optimum mix of oil spill response capability across the full spectrum
of response modes. As best available technology demonstrates a need to
evaluate or change mechanical recovery capacities, a review of cap
increases and other requirements contained within this subpart may be
performed. Any changes in the requirements of this section will occur
through a public notice and comment process. During this review, the
Coast Guard will determine if established caps remain practicable and
if increased caps will provide any benefit to oil spill recovery
operations. The review will include and evaluation of:
    (1) Best available technologies for containment and recovery;
    (2) Oil spill tracking technology;
    (3) High rate response techniques;
    (4) Other applicable response technologies; and
    (5) Increases in the availability of private response resources.

0
20. In Sec.  155.1070, add new paragraph (i) to read as follows:

Sec.  155.1070  Procedures for plan review, revision, amendment and
appeal.

* * * * *
    (i) If required by Sec. Sec.  155.1035(i), 155.1040(j), and
155.1050 (k) and (l), a new or existing vessel owner or operator must
submit the required dispersant and aerial oil tracking resource
revisions to a previously submitted or approved plan, made pursuant to
Sec. Sec.  155.1035(i), 155.1040(j), and 155.1050(k) and (l), to Coast
Guard Headquarters, Office of Vessel Activities (CG-543) and all other
holders of the response plan for information or approval no later than
February 22, 2011.

Sec.  155.4020  [Amended]

0
21. In Sec.  155.4020, amend paragraphs (a) and (c)(1) by removing the
date ``June 1, 2010'' and adding in its place ``February 22, 2011''.
0
22. In Appendix B to Part 155:
0
A. Amend section 7.2.4. by removing the last 3 sentences and adding 2
sentences in their place.
0
B. Revise section 8.
0
C. Amend Table 6 in section 9 by revising the entries for ``February
18, 2003''.
    The additions and revisions read as follows:

APPENDIX B TO PART 155--DETERMINING AND EVALUATING REQUIRED RESPONSE
RESOURCES FOR VESSEL RESPONSE PLANS

* * * * *

7. Calculating the Worst Case Discharge Planning Volumes

* * * * *
    7.2.4 * * * If the required capacity exceeds the applicable cap
described in Table 6 of this appendix, then a vessel owner or
operator must contract for at least the quantity of resources
required to meet the cap, but must identify sources of additional
resources as indicated in Sec.  155.1050(p). For a vessel that
carries multiple groups of oil, the required effective daily
recovery capacity for each group is calculated and summed before
applying the cap.
* * * * *

8. Determining the Capability of High-Rate Response Methods

    8.1 Calculate cumulative dispersant application capacity
requirements as follows:
    8.1.1 A vessel owner or operator must plan either for a
dispersant capacity to respond to a vessel's worst case discharge
(WCD) of oil, or for the amount of the dispersant resource
capability as required by Sec.  155.1050(k)(3) of this chapter,
whichever is the lesser amount. When planning for the cumulative
application capacity that is required, the calculations should
account for the loss of some oil to the environment due to natural
dissipation causes (primarily evaporation). The following procedure
should be used to determine the cumulative application requirements:
    8.1.2 Determine the WCD volume of oil carried in gallons, and
the appropriate oil group for the type of petroleum oil carried
(Groups II, III, IV). For vessels carrying different oil groups,
assume a WCD using the oil group that constitutes the largest
portion of the oil being carried, or the oil group with the smallest
natural dissipation factor;
    8.1.3 Multiply the WCD in gallons by the natural dissipation
factor for the appropriate oil group as follows: Group II factor is
0.50; Group III factor is 0.30; and Group IV factor is 0.10. This
represents the amount of oil that can be expected to be lost to
natural dissipation. Subtract the WCD lost to natural dissipation
from the total oil amount carried to determine the remaining oil
available for treatment by dispersant-application; and
    8.1.4 Multiply the oil available for dispersant treatment by the
dispersant to oil planning application ratio of 1 part dispersant to
20 parts oil (0.05). The resulting number represents the cumulative
total dispersant-application capability that must be ensured
available within the first 60 hours.
    8.1.5(i) The following is an example of the procedure described
in paragraphs 8.1.1 through 8.1.4 above: A vessel with a 1,000,000
gallons capacity of crude oil (specific gravity 0.87) will transit
through an area with pre-authorization for dispersant use in the
nearshore environment on the U.S. East Coast.
    WCD: 1,000,000 gallons, Group III oil.
    Natural Dissipation Factor for Group III: 30 percent.
    General formula to determine oil available for dispersant
treatment: ((WCD)--[(WCD) x (natural dissipation factor)] =
available oil.
    E.g., 1,000,000 gal-(1,000,000 gal x 0.30) = 700,000 gallons of
available oil.
    Cumulative application capacity = Available oil x planning
application ratio (1 gal dispersant/20 gals oil = 0.05).
    E.g., 700,000 gal oil x (0.05) = 35,000 gallons cumulative
dispersant-application capacity.
    (ii) The requirements for cumulative dispersant-application
capacity (35,000) for this vessel's WCD is less than the overall
dispersant capability cap for non-Gulf Coast waters required by
Sec.  155.1050(k) of this chapter. Because paragraph 8.1.1 of this
appendix requires owners and operators to ensure the availability of
the lesser of a vessel's dispersant requirements for WCD or the
amount of the dispersant cap provided for in Sec.  155.1050(k)(3),
the vessel in this example would be required to ensure the
availability of 35,000 gallons of dispersant. More specifically,
this vessel would be required to meet the following tier
requirements in Sec.  155.1050(k), which total 35,000 gallons
application:
    Tier--1 4,125 gallons--Completed in 12 hours.
    Tier--2 23,375 gallons--Completed in 36 hours.
    Tier--3 7,500 gallons--Completed in 60 hours.
    8.2 Determining Effective Daily Application Capacities ``EDACs''
for dispersant response systems as follows:
    8.2.1 EDAC planning estimates for compliance with the dispersant
application

requirements in Sec.  155.1050(k)(3) are to be based on:
    <IP_ADDRESS> The spill occurring at sites 50 nautical miles off shore
furthest from the primary dispersant staging site(s);
    <IP_ADDRESS> Specific dispersant application platform operational
characteristics identified in the Dispersant Mission Planner 2 or as
demonstrated by operational tests;
    <IP_ADDRESS> Locations of primary dispersant staging sites; and
    <IP_ADDRESS> Locations and quantities of dispersant stockpiles.
    8.2.2 EDAC calculations with supporting documentation must be
submitted to the NSFCC for classification as a Dispersant Oil Spill
Removal Organization.
    8.2.3(i) EDAC can also be calculated using the Dispersant
Mission Planner 2 (DMP2). The DMP2 is a downloadable application
that calculates EDAC for different dispersant response systems. It
is located on the Internet at: http://
www.response.restoration.noaa.gov/spilltools
    (ii) The DMP2 contains operating information for the vast
majority of dispersant application platforms, to include aircraft,
both rotary and fixed wing, and vessels. The DMP2 produces EDAC
estimates by performing calculations that are based on performance
parameters of dispersant application platforms, locations of primary
dispersant staging sites, home based airport or port locations, and
for planning purposes, a 50 mile from shore dispersant application
site. The 50 mile offshore site used in the DMP2 would be the
location furthest from the primary dispersant staging site
identified in the vessel response plan.
    8.2.4 For each Captain of the Port Zone where a dispersant
response capability is required, the response plan must identify the
following:
    <IP_ADDRESS> The type, number, and location of each dispersant
application platform intended for use in meeting dispersant delivery
requirements specified in Sec.  155.1050(k)(3) of this chapter;
    <IP_ADDRESS> The amount and location of available dispersant
stockpiles to support each platform; and
    <IP_ADDRESS> A primary staging site for each platform that will serve
as its base of operations for the duration of the response.
    8.3 In addition to the equipment and supplies required, a vessel
owner or operator must identify a source of support to conduct the
monitoring and post-use effectiveness evaluation required by
applicable Local and Area Contingency Plans.
    8.4 Identification of the resources for dispersant application
does not imply that the use of this technique will be authorized.
Actual authorization for use during a spill response will be
governed by the provisions of the National Oil and Hazardous
Substances Contingency Plan (40 CFR part 300) and the applicable
Local or Area Contingency Plan.

9. Additional Equipment Necessary To Sustain Response Operations

* * * * *

                               Table 6--Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
                                                Tier 1                   Tier 2                   Tier 3
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
February 18, 2003:
    All except rivers & canals &       12.5K bbls/day.........  25K bbls/day...........  50K bbls/day.
     Great Lakes.
    Great Lakes......................  6.25K bbls/day.........  12.3K bbls/day.........  25K bbls/day.
    Rivers & canals..................  1,875 bbls/day.........  3,750 bbls/day.........  7,500 bbls/day.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: August 14, 2009.
Lincoln D. Stroh,
Captain, U.S. Coast Guard, Acting Director of Prevention Policy.
[FR Doc. E9-20311 Filed 8-28-09; 8:45 am]

BILLING CODE 4910-15-P