[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Proposed Rules]
[Pages 19117-19158]
[FR Doc No: 2015-06611]

Vol. 80

Thursday,

No. 68

April 9, 2015

Part II

Department of Homeland Security

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Coast Guard

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33 CFR Parts 148, 149, and 150

Deepwater Ports; Proposed Rule

Federal Register / Vol. 80 , No. 68 / Thursday, April 9, 2015 /
Proposed Rules

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 148, 149, and 150

[Docket No. USCG-2012-0061]
RIN 1625-AB92

Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes revisions to its regulations for the
licensing, construction, design, equipment, and operation of deepwater
ports, which are offshore fixed or floating structures, other than
vessels, used as ports or terminals for the import or export of oil and
natural gas. The proposed revisions would provide additional
information, clarify existing regulations, provide additional
regulatory flexibility, and add new requirements to ensure safety. The
proposed rule would not affect the license to operate of any existing
deepwater port, nor would it result in the licensing of any new
deepwater port. This proposed rule furthers the Coast Guard's maritime
safety and stewardship missions.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before July 8, 2015
or must reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0061 using any one of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Kevin Tone, Deepwater Ports Standards Division
(CG-OES-4), Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Executive Summary
IV. Background
V. Discussion of Proposed Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0061), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
and follow the instructions on that Web site. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov, and
follow the instructions on that Web site. If you do not have access to
the Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

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

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we decide to hold a public meeting, we will
announce its time and place in a later notice in the Federal Register.

II. Abbreviations

ABS American Bureau of Shipping
APPS Act to Prevent Pollution from Ships
BOEM Bureau of Ocean Energy Management
BSEE Bureau of Safety and Environmental Enforcement
CE Certifying Entity
CFR Code of Federal Regulations
COA Certificate of Adequacy
COTP Captain of the Port
DHS Department of Homeland Security
DNV Det Norske Veritas
DOI Department of the Interior
DWPA Deepwater Port Act of 1974
EIA Energy Information Administration
EIS Environmental Impact Statement
E.O. Executive Order

FR Federal Register
FWS National Fish and Wildlife Service
HDD Horizontal Directional Drilling
LNG Liquefied Natural Gas
LOOP Louisiana Offshore Oil Port
MARAD Maritime Administration
MARPOL 73/78 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978
relating to that Convention
MODU Mobile Offshore Drilling Unit
MOU Memorandum of Understanding
MSU Marine Safety Unit
MTSA Maritime Transportation Security Act of 2002
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NMFS National Marine Fisheries Service
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
OPA 90 Oil Pollution Act of 1990
PHMSA Pipeline and Hazardous Materials Safety Administration
PLEM Pipeline End Manifold
PMMP Prevention, Monitoring and Mitigation Program
PRA Paperwork Reduction Act of 1995
Pub. L. Public Law
ROD Record of Decision
SMS Safety Management System
SOLAS International Convention for the Safety of Life at Sea
SPM-NGTS Single Point Mooring-Natural Gas Transfer System
SPM-OTS Single Point Mooring-Oil Transfer System
STL buoy Submerged turret loading buoy
Sec.  Section symbol
U.S.C. United States Code

III. Executive Summary

    The purpose of this rulemaking is to revise existing Coast Guard
regulations for deepwater ports. A deepwater port is a fixed or
floating manmade structure, or a group of structures, other than a
vessel, located beyond State seaward boundaries and used or intended
for use as a port or terminal for the transportation, storage, and
further handling of oil or natural gas for transportation to or from
any State.\1\ The proposed revisions would expedite the deepwater port
license application process by capitalizing on lessons learned from
past license applications. They would also address recent changes in
the natural gas industry by allowing the use of deepwater ports as
export facilities.
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    \1\ See 33 U.S.C. 1502(9).
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    The legal basis of this rulemaking is 33 U.S.C. 1504(a) and (b),
which require the Secretary of Transportation to issue regulations to
implement the Deepwater Port Act of 1974, as amended (DWPA).\2\ Before
2003, the Coast Guard operated under the Department of Transportation,
and the Secretary of Transportation's authority under Sec.  1504 was
delegated to the Coast Guard in 49 CFR 1.46. When the Coast Guard was
transferred to the Department of Homeland Security (DHS) in 2003, ``the
authorities and functions of the Secretary of Transportation relating''
to the Coast Guard, including the Secretary of Transportation's
authority relating to deepwater ports, also were transferred to DHS.\3\
The Secretary of Homeland Security has delegated the Secretary's
regulatory authority under 33 U.S.C. 1504 to the Coast Guard.\4\ The
Secretary of Transportation's authority to license deepwater ports \5\
is delegated \6\ to the Maritime Administrator.
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    \2\ 33 U.S.C. 1501 et seq.
    \3\ See 6 U.S.C. 468(b).
    \4\ See DHS Delegation No. 0170.1(II)(75).
    \5\ 33 U.S.C. 1503(b).
    \6\ 49 CFR 1.93(h).
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    This NPRM proposes numerous small revisions to a complex regulatory
scheme. Collectively, these revisions will provide applicants with
additional information and clarity, additional regulatory flexibility,
and new requirements to ensure safety. Above all, the revisions should
help applicants assemble more complete applications, to help them meet
the Coast Guard's regulatory requirements within the strict time
limitations mandated by the DWPA and without costly suspensions of the
licensing process. The proposed rule would not affect the license to
operate of any existing deepwater port, nor would it result in the
licensing of any new deepwater port.
    This NPRM would impose no new regulatory costs and should help
future license applicants receive more efficient, faster processing of
their applications. Some proposed revisions may give applicants more
flexibility than they have under current regulations. Finally, some
applicants may benefit from proposed revisions that would facilitate
the licensing of export deepwater ports.

IV. Background

    Deepwater ports are oil or natural gas import or export facilities,
not exploration, development, or production facilities like drilling
rigs.\7\ Deepwater ports are subject to the DWPA. When the DWPA was
first enacted, it applied only to deepwater ports handling oil imports.
Section 106 of the Maritime Transportation Security Act of 2002 \8\
(MTSA) amended the DWPA to apply to natural gas imports as well.
Section 312 of the Coast Guard and Maritime Transportation Act of 2012
\9\ further amended the DWPA so that it now also authorizes deepwater
ports for oil or natural gas exports. MARAD must license each deepwater
port before it can be built and commissioned and begin operations, but
MARAD consults the Coast Guard and other Federal agencies,\10\ as well
as affected State governments, before issuing licenses. License
applications are jointly processed by the Coast Guard and MARAD, and we
conduct the necessary analysis to determine whether a proposed
deepwater port will comply with the DWPA and to ensure compliance with
other applicable laws, in particular the National Environmental Policy
Act of 1969 (NEPA). Also, the Coast Guard provides the regulatory
framework governing the application and licensing process as well as
the design, construction, equipment, and operation of deepwater ports.
Our deepwater port regulations in 33 CFR subchapter NN (parts 148, 149,
and 150) were first issued in 1975, and were extensively revised in
2004 and 2006 to reflect the 2002 extension of the DWPA to natural gas.
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    \7\ See 33 CFR 140.10 (excluding deepwater ports from the
definition of an Outer Continental Shelf facility).
    \8\ Public Law 107-295, 116 Stat. 2064.
    \9\ Public Law 112-213, 126 Stat. 1540.
    \10\ The Department of the Interior (DOI) advises license
applicants that: (a) In accordance with 43 U.S.C. 1334(a)(5), to the
extent that a proposed deepwater port's design includes subsurface
storage on submerged lands of the Outer Continetal Shelf, that
storage is subject to DOI's review and approval; (b) As a
cooperating agency during a license application's processing, the
Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety
and Environmental Enforcement (BSEE) participate in the review of
proposed deepwater ports; and (c) under BSEE regulations (30 CFR
part 250, subpart J), a right-of-way granted by BSEE and a right-of-
way rental amount may be required.
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    Since our most recent substantive revision of subchapter NN,\11\
the Coast Guard has received eight applications to site, construct, and
operate natural gas deepwater ports. Four applications were
subsequently withdrawn by the applicants. Of the remaining four, two
deepwater ports have been constructed, one has been issued a license to
construct, and one has initial approval through a favorable Record of
Decision (ROD) \12\ from MARAD. All four were for natural gas imports.
In processing these four applications, the Coast Guard and other
Federal agencies have identified additional, specific types of
information that are necessary to ensure a timely review of, and
decision on, deepwater

port applications. During the application review process, and after the
construction and operation of new deepwater ports, we gained additional
insight into the technical and operational requirements that will help
ensure operations are conducted efficiently and in a manner that
furthers safety, security, and environmental protection. The DWPA, 33
U.S.C. 1504(g), provides a 240-day ``clock'' within which license
applications must be processed (from publication of the notice of
initial application to the final public hearing). To ensure compliance
with the DWPA and NEPA, those wanting to build and operate a deepwater
port must provide complex and highly technical information with their
license applications. Under 33 U.S.C. 1504(c)(1), the Coast Guard has
21 days in which to determine whether an application appears to contain
all the necessary information. If the application appears to be
incomplete, the Coast Guard informs the applicant as to its
deficiencies, and takes no further action until the deficiencies are
corrected. If the application appears to be complete, the Coast Guard
must publish a notice of the application and a summary of the plans in
the Federal Register. Long after this initial determination of
completeness, however, we often find that we need additional
information to complete a proper analysis of the proposed deepwater
port's environmental impact, and the applicant is required by 33 U.S.C
1504(c)(2)(M) to provide that information. Our regulations \13\ make it
clear that the need to obtain important additional information ``stops
the clock,'' extending the 240-day deadline by the length of time
needed to obtain the additional information.
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    \11\ 71 FR 57644; Sep. 29, 2006.
    \12\ A Record of Decision states what the agency's decision is;
identifies all alternatives considered by the agency, specifies the
alternative or alternatives which were considered to be
environmentally preferable; and states whether all practicable means
to avoid or minimize environmental harm from the alternative
selected have been adopted, and if not, why they were not. See 40
CFR 1505.2.
    \13\ At 33 CFR 148.107(c)(3).
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V. Discussion of Proposed Rule

    This proposed rule draws on the lessons we have learned about
efficiencies in the license application review process and in building
and operating safe and efficient deepwater ports. In developing this
proposed rule, we have consulted with MARAD and other Federal agencies
that work with us on deepwater port issues, and we will continue this
consultation as we develop a final rule.
    This proposed rule would primarily clarify existing requirements or
provide more information about how those requirements intersect with
the requirements of other Federal agencies and State governments that
have roles in the licensing and operation of deepwater ports. The
intent of this proposed rule is to reduce the number of times the
``clock is stopped'' pursuant to our regulations, thereby reducing the
time needed to reach decisions on applications. Although we propose a
few new requirements, they are likely to impose no new regulatory costs
because they track with industry's current behavior. We also propose
several changes that should provide industry with additional regulatory
flexibility. Our proposals would apply to any applications received
after the effective date of the final rule. The rule would not affect
the license to operate any existing deepwater port, nor would they
result in the licensing of any new deepwater port.
    The proposed rule aligns with directives in several Executive
Orders (E.O.s). Section 3(a)(1) of E.O. 12988 \14\ requires agencies to
review proposed regulations to eliminate drafting errors and ambiguity,
and our proposed rule will clarify ambiguities that have come to light
since we last amended our current regulations. Because the proposed
rule draws on lessons learned from applying our current regulations, it
helps make those regulations more effective and less burdensome and is
therefore in line with E.O. 13563.\15\ In light of the recent surge in
U.S. natural gas production, and now that the DWPA permits deepwater
ports to export oil and natural gas, our proposed rule may also
facilitate the development or conversion \16\ of existing deepwater
ports to export U.S. natural gas by clarifying the deepwater port
application process and lessening the likelihood of time-consuming
delays in that process. Therefore it may contribute to the job creation
and economic benefits that are goals of E.O. 13605.\17\
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    \14\ ``Civil Justice Reform,'' 61 FR 4729 (Feb. 5, 1996).
    \15\ ``Improving Regulation and Regulatory Review, ''76 FR 3821
(Jan. 21, 2011), Sec.  6(b).
    \16\ An application for the conversion of an existing import
facility to one adapted for export would require the submission of a
new application fee. The conversion application would need to
address all the same issues addressed in an original application.
    \17\ ``Supporting Safe and Responsible Development of
Unconventional Domestic Natural Gas Resources,'' 77 FR 23107 (Apr.
17, 2012).
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    The changes we propose for part 148 focus on providing deepwater
port license applicants with clearer information about the information
we require, so that applicants will be less likely to encounter
``stopped clocks.'' We propose reorganizing part 149, which addresses
the complex process of designing, constructing, and equipping deepwater
ports. Other changes in part 149 would clarify its requirements or
adapt terminology to the reality that no two deepwater ports use
identical design elements. Most of the procedural changes we propose
would affect the deepwater port operations requirements in part 150. In
addition to clarifying part 150's requirements and providing more
information, we propose changes (in line with current industry
practice) that would ensure that future deepwater ports continue to
meet acceptable levels of safety.
    Table 1 lists each section that we propose adding or amending, and
briefly explains our rationale for the proposal. It omits the
nonsubstantive redesignation of specific sections as part of the
reorganization of part 149, which we discuss in the table, and the
nonsubstantive insertion of ``but not limited to'' in lists, to
emphasize their non-exclusive nature.

                               Table 1--Changes Proposed for 33 CFR Subchapter NN
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                Section                          Change            Nature of change            Discussion
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                                                    PART 148
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3......................................  Revise descriptions    Informational........  Based on latest statutory
                                          of each agency's                              or interagency
                                          authority.                                    allocation of functions.
                                                                                We would describe, not
                                                                                change, that allocation.
5......................................  ``Accommodation        Add definition.......  Term figures in proposed
                                          module''.                                     changes.

                                         ``Construction''.....  Revise definition....  Clarify that Coast Guard
                                                                                oversight applies
                                                                                throughout the deepwater
                                                                                port lifecycle by
                                                                                emphasizing that
                                                                                construction applies to
                                                                                any activity incidental
                                                                                to building, repairing,
                                                                                or expanding a deepwater
                                                                                port.
                                         ``Deepwater port''...  Revise definition....  Align with current
                                                                                statutory language,
                                                                                which allows deepwater
                                                                                ports to export as well
                                                                                as import oil or natural
                                                                                gas.
                                         ``Deepwater port       Add definition.......  Term figures in proposed
                                          security plan''.                              changes.
                                         ``Engineering          Revise definition....  Clarify that the
                                          geological survey''.                          necessary analysis
                                                                                considers all geological
                                                                                factors and is not
                                                                                limited to
                                                                                hydrographics. Coast
                                                                                Guard's experience is
                                                                                that the scope of this
                                                                                analysis has been
                                                                                confusing in the past.
                                         ``Flexible riser and   Add definition.......  Term figures in proposed
                                          umbilical''.                                  changes.
                                         ``Lease block''......  Revise definition....  Simplify statutory
                                                                                citations.
                                         ``Major conversion''.  Transfer definition..  Transfer from part 149
                                                                                without substantive
                                                                                change.
                                         ``Marine Safety Unit   Add definition.......  Updated Coast Guard
                                          (MSU) Commander''.                            internal organization.
                                         ``Marine site''......  Revise language......  Clarify meaning of
                                                                                ``including.''
                                         ``Maritime             Revise definition....  Updated MARAD
                                          Administration''.                             information.
                                         ``Mile''.............  Add definition.......  Clarify that subchapter
                                                                                NN references to miles
                                                                                mean nautical miles.
                                         ``Operator''.........  Revise definition....  Clarify that the operator
                                                                                may be the licensee's
                                                                                designee and not the
                                                                                licensee itself.
                                         ``Person in charge''.  Revise definition....  Clarify definition.
                                         ``PIC''..............  Add definition.......  Add separate definition
                                                                                to help distinguish
                                                                                ``person in charge''
                                                                                from ``PIC.''
                                         ``Pipeline''.........  Add definition.......  Define to distinguish
                                                                                portion of interest to
                                                                                Coast Guard from
                                                                                equipment regulated by
                                                                                Pipeline and Hazardous
                                                                                Materials Safety
                                                                                Administration.
                                         ``Pipeline end         Add definition.......  Define to distinguish
                                          manifold''.                                   portion of interest to
                                                                                Coast Guard from
                                                                                equipment regulated by
                                                                                Pipeline and Hazardous
                                                                                Materials Safety
                                                                                Administration (PHMSA).
                                         ``Prevention,          Add definition.......  Term figures in proposed
                                          monitoring, and                               changes.
                                          mitigation program''.
                                         ``Safety zone''......  Revise definition....  Clarify that a deepwater
                                                                                port is the facility at
                                                                                issue.
                                         ``Service space''....  Transfer definition..  Transfer from part 149
                                                                                without substantive
                                                                                change.
                                         ``Single point         Revise definition....  Clarify and distinguish
                                          mooring oil transfer                          terms that are sometimes
                                          system''.                                     confused.
                                         ``Single point         Revise definition....  Clarify and distinguish
                                          mooring natural gas                           terms that are sometimes
                                          transfer system''.                            confused.
                                         ``Sleeping space''...  Transfer definition..  Transfer from part 149
                                                                                without substantive
                                                                                change.
                                         ``Submerged turret     Add definition.......  Term figures in proposed
                                          loading buoy''.                               changes.
                                         ``Vessel''...........  Revise definition....  Conform to definition
                                                                                used in 1 U.S.C. 3.
8......................................  Certifying entities    Provide additional     Operators are currently
                                          (CEs).                 regulatory             allowed to use CEs to
                                                                 flexibility.           assist with post-
                                                                                licensing technical
                                                                                matters. We would also
                                                                                allow license applicants
                                                                                to use CEs during the
                                                                                application process, to
                                                                                help identify
                                                                                information gaps and
                                                                                resolve technical
                                                                                questions.
105(g)(1)(i)...........................  Describe MARAD as      Informational........  We would more accurately
                                          acting in                                     reflect MARAD's lead
                                          consultation with                             role for matters
                                          the Coast Guard,                              regarding the financial
                                          instead of the Coast                          responsibility of a
                                          Guard acting in                               deepwater port
                                          concurrence with                              application.
                                          MARAD.
105(g)(2)(iii).........................  Change ``operator''    Clarification........  Financial liability rests
                                          to ``licensee,'' as                           with a deepwater port's
                                          the party                                     licensee, not with the
                                          responsible for                               operator, who may be
                                          deepwater port                                only the licensee's
                                          removal costs.                                designee.
105(i)(1)..............................  Change ``is'' to       Style................  Style change.
                                          ``will be''.
105(j).................................  Provide additional     Informational........  We would give license
                                          information about                             applicants more detailed
                                          coastal zone                                  information, including a
                                          management.                                   reference to applicable
                                                                                National Oceanic and
                                                                                Atmospheric
                                                                                Administration
                                                                                regulations, to help
                                                                                applicants more quickly
                                                                                establish compliance
                                                                                with 33 U.S.C.
                                                                                1503(c)(9)'s requirement
                                                                                for an approved coastal
                                                                                zone management program
                                                                                under the Coastal Zone
                                                                                Management Act of 1972.

105(k).................................  Provide an             Provide additional     Delay in securing the
                                          alternative to the     regulatory             services of a registered
                                          use of a               flexibility.           professional surveyor
                                          professional                                  has ``stopped the
                                          surveyor.                                     clock'' in at least one
                                                                                instance. We would allow
                                                                                the use of others with
                                                                                equivalent professional
                                                                                competency.
105(m)(1)(i)...........................  Revise provisions      Clarification........  We would delete language
                                          relating to fixed                             concerning connected
                                          and floating                                  actions, because it is
                                          structures.                                   redundant with the
                                                                                requirement in 33 CFR
                                                                                148.105(l) to provide
                                                                                data for onshore storage
                                                                                areas, pipelines, and
                                                                                refineries.
105(m)(1)(iii).........................  Revise provisions      Clarification........  We would clarify that
                                          relating to                                   anchorages and mooring
                                          anchorages and                                areas can be used during
                                          mooring areas.                                a deepwater port's
                                                                                construction as well as
                                                                                after it becomes
                                                                                operational.
105(m)(2)..............................  Revise description of  Clarification........  We would delete some
                                          required                                      survey specifications
                                          reconnaissance                                because MARAD describes
                                          hydrographic survey.                          the specific information
                                                                                it requires in the
                                                                                license conditions it
                                                                                sets for individual
                                                                                deepwater ports.
                                         Allow exceptions to 5- Provide additional     The proposed change would
                                          year limit on age of   regulatory             allow the use of older
                                          data.                  flexibility.           data, with Coast Guard
                                                                                approval, which would be
                                                                                granted so long as newer
                                                                                data is provided for any
                                                                                specific locations
                                                                                having a high degree of
                                                                                hydrographic
                                                                                variability.
105(m)(3)..............................  Add language for       Revision.............  MetOcean data is
                                          meteorological and                            essential for analyzing
                                          oceanographic                                 a proposed deepwater
                                          (``MetOcean'') data.                          port's environmental
                                                                                impact. If it is not
                                                                                included with the
                                                                                license application, we
                                                                                currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                add the need to include
                                                                                MetOcean data in the
                                                                                initial application, to
                                                                                better inform applicants
                                                                                and reduce the
                                                                                likelihood of ``clock
                                                                                stoppage.''
105(m)(4)..............................  Add language for       Revision.............  Vessel traffic data is
                                          vessel traffic data.                          essential for analyzing
                                                                                a proposed deepwater
                                                                                port's environmental
                                                                                impact and for the Coast
                                                                                Guard's analysis of risk
                                                                                mitigation. If it is not
                                                                                included with the
                                                                                license application, we
                                                                                currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                add the need to include
                                                                                vessel traffic data in
                                                                                the initial application,
                                                                                to better inform
                                                                                applicants and reduce
                                                                                the likelihood of
                                                                                ``clock stoppage.''
105(n).................................  Add language for       Revision.............  We would clarify that
                                          engineering                                   full geological
                                          geological survey                             information, not just
                                          (presently soil                               soil data, is essential
                                          survey) data.                                 for analyzing a proposed
                                                                                deepwater port's
                                                                                environmental impact. If
                                                                                it is not included with
                                                                                the license application,
                                                                                we currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                add the need to include
                                                                                geological survey data
                                                                                in the initial
                                                                                application, to better
                                                                                inform applicants and
                                                                                reduce the likelihood of
                                                                                ``clock stoppage.''
                                         Allow exceptions to 5- Provide additional     The proposed change would
                                          year limit on age of   regulatory             allow the use of older
                                          data.                  flexibility.           data, with Coast Guard
                                                                                approval.
                                         Provide an             Provide additional     Delay in securing the
                                          alternative to the     regulatory             services of a
                                          use of a               flexibility.           professional engineer
                                          professional                                  has ``stopped the
                                          engineer.                                     clock'' in at least one
                                                                                instance. We would allow
                                                                                the use of others with
                                                                                equivalent professional
                                                                                competency.
105(s)(6)(iv)..........................  Add                    Revision.............  We would clarify that
                                          ``regasification''                            information about the
                                          to existing language.                         methods the applicant
                                                                                expects to use in
                                                                                regasifying natural gas
                                                                                prior to transmission is
                                                                                essential for analyzing
                                                                                a proposed deepwater
                                                                                port's environmental
                                                                                impact. If it is not
                                                                                included with the
                                                                                license application, we
                                                                                currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                add the need to include
                                                                                regasification data in
                                                                                the initial application,
                                                                                to better inform
                                                                                applicants and reduce
                                                                                the likelihood of
                                                                                ``clock stoppage.''
105(t).................................  Add recommendation     Informational........  We would provide license
                                          for PHMSA                                     applicants with
                                          consultation.                                 additional information,
                                                                                and we would encourage
                                                                                them to consult with
                                                                                PHMSA, to help
                                                                                facilitate an
                                                                                applicant's ability to
                                                                                comply with PHMSA
                                                                                requirements for
                                                                                pipeline safety.

105(y).................................  Add language for risk  Informational........  A license applicant's
                                          and consequence                               risk and consequence
                                          assessment.                                   assessment is essential
                                                                                for analyzing a proposed
                                                                                deepwater port's
                                                                                environmental impact and
                                                                                is currently subject to
                                                                                Coast Guard validation.
                                                                                We would provide
                                                                                additional information
                                                                                about methods that the
                                                                                Coast Guard may use to
                                                                                conduct that validation,
                                                                                including the conduct of
                                                                                an independent
                                                                                assessment by a third
                                                                                party selected by the
                                                                                Coast Guard. We would
                                                                                also restate the Coast
                                                                                Guard's existing
                                                                                authority under 33 CFR
                                                                                148.107 to require the
                                                                                applicant to provide
                                                                                ``additional
                                                                                information'' when
                                                                                necessary.
105(z).................................  Add language for NEPA  Clarification........  This paragraph currently
                                          alternatives.                                 requires license
                                                                                applicants to provide an
                                                                                environmental analysis
                                                                                sufficient to meet the
                                                                                requirements of NEPA.
                                                                                Under NEPA,
                                                                                environmental analysis
                                                                                must include
                                                                                consideration of a range
                                                                                of reasonable
                                                                                alternatives to key
                                                                                aspects of the action
                                                                                being analyzed. If
                                                                                alternatives are not
                                                                                discussed in the initial
                                                                                license application, we
                                                                                currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                clarify the need to
                                                                                discuss alternatives in
                                                                                the initial application,
                                                                                to better inform
                                                                                applicants and reduce
                                                                                the likelihood of
                                                                                ``clock stoppage.''
105(ff)................................  Add language for       Clarification........  A license to operate a
                                          International                                 deepwater port is
                                          Convention for the                            granted only if it is
                                          Prevention of                                 determined that the
                                          Pollution from                                applicant ``can and will
                                          Ships, 1973, as                               comply with applicable
                                          modified by the                               laws, regulations, and
                                          Protocol of 1978                              license conditions.'' 33
                                          relating to that                              U.S.C. 1503(c)(2).
                                          Convention (MARPOL                            MARPOL, and MARPOL-
                                          73/78).                                       implementing regulations
                                                                                in 33 CFR part 158, are
                                                                                applicable to deepwater
                                                                                ports, and a Certificate
                                                                                of Adequacy (COA) is
                                                                                required to demonstrate
                                                                                compliance with part
                                                                                158. If the COA is not
                                                                                requested in the initial
                                                                                license application, we
                                                                                currently require the
                                                                                applicant to provide it
                                                                                as ``additional
                                                                                information'' under 33
                                                                                CFR 148.107. We would
                                                                                clarify the need to
                                                                                request the Certificate
                                                                                in the initial
                                                                                application, to better
                                                                                inform applicants and
                                                                                reduce the likelihood of
                                                                                ``clock stoppage.''
107(b).................................  Add references to      Clarification........  We would clarify that the
                                          MARAD.                                        Coast Guard may request
                                                                                additional information
                                                                                on behalf of MARAD as
                                                                                well as on the Coast
                                                                                Guard's own behalf.
107(c)-(e).............................  Revise (c) and add     Clarification........  Paragraph (c) of this
                                          (d) and (e),                                  section currently allows
                                          regarding ``clock                             the Coast Guard to
                                          stoppage''.                                   suspend the processing
                                                                                of a license application
                                                                                indefinitely (``stop the
                                                                                clock'') in order to
                                                                                obtain additional
                                                                                information. We would
                                                                                provide additional
                                                                                information to clarify
                                                                                and help applicants
                                                                                better understand how
                                                                                ``stopping the clock''
                                                                                works. This proposed
                                                                                change should be read
                                                                                along with the proposed
                                                                                change to 33 CFR 148.276
                                                                                and 148.283 relating to
                                                                                suspension and
                                                                                withdrawal of an
                                                                                application.
125(c).................................  Add ``additional       Clarification........  Under 33 U.S.C.
                                          environmental                                 1504(h)(1), license
                                          analysis'' to                                 applicants must
                                          existing language.                            ``reimburse the United
                                                                                States and the
                                                                                appropriate adjacent
                                                                                coastal State for any
                                                                                additional costs
                                                                                incurred in processing
                                                                                an application.'' We
                                                                                would add, as a
                                                                                clarification, the need
                                                                                for additional
                                                                                environmental analysis
                                                                                as an example of when
                                                                                additional costs will be
                                                                                incurred. A past
                                                                                applicant's change in
                                                                                plans for the proposed
                                                                                deepwater port raised
                                                                                the potential need for
                                                                                additional environmental
                                                                                analysis.
209(a).................................  Remove reference to    Informational........  We would delete a
                                          interagency                                   reference to an expired
                                          memorandum of                                 MOU that can no longer
                                          understanding (MOU).                          be consulted for the
                                                                                current list of all
                                                                                Federal agencies
                                                                                involved with deepwater
                                                                                ports.

211(a).................................  Revise language        Clarification........  This paragraph currently
                                          describing the need                           requires a license
                                          for changes in                                applicant to promptly
                                          applications.                                 notify the Coast Guard
                                                                                of any changes to its
                                                                                application. We would
                                                                                clarify that we consider
                                                                                any circumstance that
                                                                                makes statements in the
                                                                                application no longer
                                                                                accurate to be a
                                                                                ``change'' requiring
                                                                                prompt notification.
211(b).................................  Revise language        Clarification........  As currently worded, this
                                          describing how                                paragraph may imply that
                                          changes are made in                           any substantial change
                                          applications.                                 requires a license
                                                                                applicant to completely
                                                                                revise its application.
                                                                                We would clarify that
                                                                                our existing practice
                                                                                generally is to allow
                                                                                the applicant simply to
                                                                                amend its application to
                                                                                make the change.
                                         Add language           Informational........  We would inform license
                                          concerning NEPA                               applicants that under
                                          scoping and                                   NEPA and other existing
                                          additional public                             laws, a substantial
                                          comment.                                      change in an application
                                                                                could trigger the need
                                                                                for additional NEPA
                                                                                scoping or additional
                                                                                public comment on the
                                                                                application.
214....................................  Add provision for      Informational........  We would provide
                                          resubmission of a                             additional information
                                          withdrawn or denied                           about the conditions
                                          application.                                  under which a license
                                                                                applicant can address
                                                                                concerns raised by its
                                                                                initial application and
                                                                                resubmit the
                                                                                application, with the
                                                                                Coast Guard waiving
                                                                                certain Subpart B
                                                                                application requirements
                                                                                for the re-application.
215....................................  Redesignate (d) as     Clarification........  We would clarify that (d)
                                          (c)(5) and add                                is a continuation of (c)
                                          ``proposed                                    and relates to a
                                          deepwater'' to                                proposed deepwater port.
                                          existing language.
217(b)-(d).............................  Revise description of  Informational........  We would state that MARAD
                                          respective Coast                              consults with the Coast
                                          Guard and MARAD                               Guard, but makes the
                                          roles in the                                  actual Adjacent Coastal
                                          designation of an                             State designation.
                                          Adjacent Coastal
                                          State.
222(b).................................  Revise description of  Informational........  We would clarify that
                                          respective Coast                              MARAD, not the Coast
                                          Guard and MARAD                               Guard, has the existing
                                          roles in giving                               responsibility for
                                          notice of Adjacent                            publishing notices of
                                          Coastal State                                 public hearings or
                                          hearings.                                     meetings in Adjacent
                                                                                Coastal States.
228....................................  Revise description of  Informational........  We would clarify that
                                          respective Coast                              MARAD, not the Coast
                                          Guard and MARAD                               Guard, has the existing
                                          roles with respect                            responsibility for any
                                          to formal                                     formal evidentiary
                                          evidentiary hearings.                         hearings involving
                                                                                deepwater ports relating
                                                                                to specific and material
                                                                                factual issues related
                                                                                to the licensing of a
                                                                                deepwater port. Existing
                                                                                Coast Guard regulations,
                                                                                33 CFR 148.230-148.256,
                                                                                provide a regulatory
                                                                                framework for such
                                                                                hearings; however,
                                                                                because MARAD, not the
                                                                                Coast Guard, is the
                                                                                licensing authority, we
                                                                                propose deleting these
                                                                                regulations.
276....................................  Revise section         Informational........  The revision would
                                          describing the DWPA                           provide more information
                                          timeline for action                           about the DWPA timeline
                                          on a license                                  for processing license
                                          application.                                  applications, and about
                                                                                suspensions of the
                                                                                timeline. We informally
                                                                                provide this additional
                                                                                information today. (The
                                                                                revisions do not alter
                                                                                the statutory timeline.)
                                                                                This proposed change
                                                                                should be read along
                                                                                with the proposed
                                                                                changes to 33 CFR
                                                                                148.107 and 148.283
                                                                                relating to suspension
                                                                                and withdrawal of an
                                                                                application.
277(d).................................  Provide additional     Informational........  We would add more
                                          information about                             information about the
                                          the time period when                          existing timeline for
                                          the Governor of an                            the Governor of an
                                          Adjacent Coastal                              Adjacent Coastal State
                                          State may transmit                            to approve or disapprove
                                          his or her approval                           a proposed deepwater
                                          or disapproval of a                           port application.
                                          proposed deepwater
                                          port application.

283....................................  Substitute provisions  Procedural change....  33 CFR 148.107(c) and
                                          for treating an                               this section currently
                                          application as                                both provide for
                                          withdrawn for                                 indefinitely suspending
                                          provisions                                    the processing of a
                                          concerning an                                 license application if
                                          application's                                 it is missing essential
                                          suspension.                                   information. We would
                                                                                make it clear that, if
                                                                                there is no reasonable
                                                                                progress in securing the
                                                                                missing information,
                                                                                indefinite suspension
                                                                                may lead to the
                                                                                application being
                                                                                treated as withdrawn.
                                                                                This proposed change
                                                                                should be read along
                                                                                with the proposed
                                                                                changes to 33 CFR
                                                                                148.107 and 148.276
                                                                                relating to suspension.
405(c)(2)..............................  Refer to Bureau of     Informational........  This paragraph currently
                                          Offshore Energy                               requires a license
                                          Management (BOEM)                             applicant to give notice
                                          guidance.                                     of certain acoustic
                                                                                profiling activities,
                                                                                which must take place
                                                                                ``within specified
                                                                                limits.'' We would
                                                                                inform applicants that
                                                                                those limits currently
                                                                                are provided by BOEM
                                                                                guidance, thereby making
                                                                                it easier for applicants
                                                                                to determine what limits
                                                                                are specified.
Subpart G..............................  Redesignate 33 CFR     Nonsubstantive         We would give added
                                          148.600 and 148.605    reorganization.        prominence to these two
                                          as subpart G of part                          sections, which have
                                          148.                                          been of interest to
                                                                                several license
                                                                                applicants.
600....................................  Provide more           Informational........  This section currently
                                          information about                             states that deepwater
                                          deepwater port                                port financial liability
                                          financial liability                           limits are set in
                                          limits under the Oil                          accordance with OPA 90
                                          Pollution Act of                              (33 U.S.C. 2704(d)(4)).
                                          1990 (OPA 90).                                Several license
                                                                                applicants have
                                                                                requested more
                                                                                information, and our
                                                                                proposed change would
                                                                                provide details on the
                                                                                current process for
                                                                                setting limits.
605....................................  Provide more           Informational........  This section currently
                                          information about                             refers to the provisions
                                          deepwater port                                of OPA 90 (33 U.S.C.
                                          financial liability                           2704(d)(4)) for
                                          limits under OPA 90.                          adjusting a deepwater
                                                                                port's financial
                                                                                liability limit. We
                                                                                would respond to several
                                                                                requests from license
                                                                                applicants for more
                                                                                details on the current
                                                                                process for adjusting
                                                                                limits. That process,
                                                                                with the relevant risk
                                                                                and economic analysis
                                                                                criteria, was described
                                                                                in the NPRM that
                                                                                proposed lowering the
                                                                                liability limit for the
                                                                                Louisiana Offshore Oil
                                                                                Port (60 FR 7652 at
                                                                                7653, Feb. 8, 1995;
                                                                                final rule 60 FR 39849,
                                                                                Aug. 4, 1995).
Subpart H..............................  Redesignate current    Nonsubstantive         This proposed change is
                                          subpart G as new       reorganization.        necessitated by our
                                          subpart H of part                             proposed designation of
                                          148.                                          33 CFR 148.600 and
                                                                                148.605 as new subpart
                                                                                G.
707(b).................................  Revise...............  Clarification........  We would more closely
                                                                                align the wording of
                                                                                this section with
                                                                                terminology familiar to
                                                                                NEPA practitioners. We
                                                                                would also clarify that
                                                                                license applicants are
                                                                                currently required to
                                                                                consider a reasonable
                                                                                range of alternatives to
                                                                                their proposed deepwater
                                                                                port plans.
707(b)(1)..............................  Provide more           Informational........  We would provide license
                                          information about                             applicants with more
                                          the scope of                                  complete information
                                          environmental                                 about the scope of
                                          evaluation.                                   environmental evaluation
                                                                                and align wording with
                                                                                terminology familiar to
                                                                                NEPA practitioners.
715 intro..............................  Add ``reasonable       Clarification........  We would clarify that
                                          range of                                      license applicants are
                                          alternatives''                                required to consider a
                                          language.                                     reasonable range of
                                                                                alternatives to their
                                                                                proposed deepwater port
                                                                                plans.
715(a).................................  Provide more           Informational........  We would provide license
                                          information about                             applicants with more
                                          the scope of                                  complete information
                                          environmental                                 about the scope of
                                          evaluation.                                   environmental
                                                                                evaluation.
725 intro..............................  Add ``reasonable       Clarification........  We would clarify that
                                          range of                                      license applicants are
                                          alternatives''                                required to consider a
                                          language.                                     reasonable range of
                                                                                alternatives to their
                                                                                proposed deepwater port
                                                                                plans.
730 intro..............................  Add ``reasonable       Clarification........  We would clarify that
                                          range of                                      license applicants are
                                          alternatives''                                required to consider a
                                          language.                                     reasonable range of
                                                                                alternatives to their
                                                                                proposed deepwater port
                                                                                plans.
730(a).................................  Revise...............  Informational........  This paragraph currently
                                                                                refers to appropriate
                                                                                Adjacent Coastal State
                                                                                agencies. We would
                                                                                substitute a specific
                                                                                cross reference to 33
                                                                                CFR 148.105(j), where we
                                                                                propose adding detailed
                                                                                information about
                                                                                Adjacent Coastal States.
735 intro..............................  Add ``reasonable       Clarification........  We would clarify that
                                          range of                                      license applicants are
                                          alternatives''                                required to consider a
                                          language.                                     reasonable range of
                                                                                alternatives to their
                                                                                proposed deepwater port
                                                                                plans.

737....................................  Replace list with Web  Informational........  This section currently
                                          site reference.                               contains a lengthy and
                                                                                non-exclusive list of
                                                                                environmental statutes
                                                                                and E.O.s of potential
                                                                                interest to license
                                                                                applicants. We would
                                                                                replace that list with a
                                                                                reference to a Coast
                                                                                Guard Web site where
                                                                                more current information
                                                                                is maintained and
                                                                                available to the public.
----------------------------------------------------------------------------------------------------------------
                                                    PART 149
----------------------------------------------------------------------------------------------------------------
Part 149 organization..................  Reorganize...........  Nonsubstantive         We would reorganize this
                                                                 reorganization.        part, redesignating and
                                                                                renaming some sections
                                                                                and providing a more
                                                                                sequential structure for
                                                                                existing deepwater port
                                                                                design, construction,
                                                                                and equipment
                                                                                requirements. Subpart A
                                                                                would contain general
                                                                                information, subpart B
                                                                                would contain general
                                                                                requirements for design,
                                                                                construction,
                                                                                operations, and
                                                                                equipment requirements,
                                                                                and the remaining
                                                                                subparts C through F
                                                                                would contain specific
                                                                                equipment requirements.
5......................................  Replace definitions    Nonsubstantive         This section currently
                                          with cross reference   reorganization.        contains 4 definitions.
                                          to 33 CFR 148.5.                              We would move all
                                                                                subchapter NN
                                                                                definitions to 33 CFR
                                                                                148.5.
15.....................................  Remove...............  Nonsubstantive         This section currently
                                                                 reorganization.        describes the process
                                                                                for submitting deepwater
                                                                                port design or
                                                                                construction
                                                                                alterations. As part of
                                                                                the nonsubstantive
                                                                                reorganization of part
                                                                                149, we would delete
                                                                                this section and
                                                                                transfer its substance
                                                                                to 33 CFR 149.54.
20(a) (current 610(a)).................  Add ``or submerged     Technology update....  We would insert a
                                          turret loading (STL)                          reference to STL buoys,
                                          buoy'' to existing                            which are significant
                                          language.                                     deepwater port
                                                                                components not in
                                                                                existence when we last
                                                                                revised our regulations,
                                                                                and the details of the
                                                                                construction of which we
                                                                                currently require
                                                                                deepwater port operators
                                                                                to provide.
51 (current 615).......................  Provide for use of     Provide additional     We would amend paragraph
                                          foreign engineers.     regulatory             (b) to allow the use of
                                                                 flexibility.           foreign engineers who
                                                                                may not be registered
                                                                                professional engineers,
                                                                                if they possess
                                                                                equivalent
                                                                                qualifications.
52 (current 625).......................  Revise (b)...........  Provide additional     We would insert a
                                                                 regulatory             reference to CEs,
                                                                 flexibility.           reflecting our proposal
                                                                                (see table entry for 33
                                                                                CFR 148.8) to allow
                                                                                greater use of CEs.
                                         Add (d)..............  Clarification........  We would add language
                                                                                from current 33 CFR
                                                                                149.650, to clarify the
                                                                                existing procedure by
                                                                                which a license
                                                                                applicant works with the
                                                                                Coast Guard to determine
                                                                                which deepwater port
                                                                                components require
                                                                                classification society
                                                                                certification. That
                                                                                determination will
                                                                                likely be different for
                                                                                each deepwater port,
                                                                                given the potential
                                                                                variability between
                                                                                deepwater port designs.
                                                                                We would also add
                                                                                language to encourage
                                                                                (but not require) early
                                                                                coordination between the
                                                                                applicant and the Coast
                                                                                Guard, because of the
                                                                                potential value of early
                                                                                coordination for
                                                                                expediting the design
                                                                                process.
54.....................................  Add..................  Nonsubstantive         We would move the text
                                                                 reorganization.        from existing Sec.
                                                                                149.15 to the revised
                                                                                subpart B to consolidate
                                                                                requirements for design
                                                                                into one subpart.
57.....................................  Add..................  Informational........  We would add this section
                                                                                for the benefit of
                                                                                license applicants, to
                                                                                provide them with more
                                                                                information about our
                                                                                existing process for
                                                                                reviewing and approving
                                                                                a deepwater port's
                                                                                design, construction,
                                                                                and commissioning.
58.....................................  Add..................  Clarification........  We would add this section
                                                                                to clarify that our
                                                                                existing practice is to
                                                                                allow a license
                                                                                applicant to use
                                                                                certifying entities
                                                                                during the design and
                                                                                construction of a
                                                                                deepwater port as well
                                                                                as after the deepwater
                                                                                port is licensed, and to
                                                                                describe the CE's role
                                                                                in various phases of the
                                                                                deepwater port's
                                                                                lifespan.

63(a) (current 660(a)).................  Substitute ``manned    Clarification........  The proposed change
                                          deepwater port'' for                          standardizes terminology
                                          ``pumping platform                            applicable to all
                                          complex''.                                    deepwater ports
                                                                                regardless of design or
                                                                                cargo. There is no
                                                                                change in applicability
                                                                                because all manned
                                                                                deepwater ports are
                                                                                pumping platform
                                                                                complexes.
64(b) (current 140(b)).................  Add ``facilities,      Clarification........  Provides clarification of
                                          vessels approaching                           who the vessel would be
                                          the safety zone'' to                          in communication with to
                                          existing language.                            ensure communications
                                                                                are occurring between
                                                                                the vessel and the
                                                                                shoreside facility for
                                                                                purposes of situational
                                                                                awareness.
65 intro, (b) (current 665 intro, (b)).  Substitute ``manned    Clarification........  The proposed change
                                          deepwater port'' for                          standardizes terminology
                                          ``pumping platform                            applicable to all
                                          complex''.                                    deepwater ports
                                                                                regardless of design or
                                                                                cargo. There is no
                                                                                change in applicability
                                                                                because all manned
                                                                                deepwater ports are
                                                                                pumping platform
                                                                                complexes.
67(a) (current 675(a)).................  Substitute ``Each''    Clarification........  The proposed change
                                          for ``For a,''                                standardizes terminology
                                          remove ``each                                 applicable to all
                                          pumping platform                              deepwater ports
                                          complex,'' and                                regardless of design or
                                          substitute                                    cargo. There is no
                                          ``deepwater port''                            change in applicability
                                          for ``complex''.                              because the one existing
                                                                                manned deepwater port is
                                                                                a pumping platform
                                                                                complex.
68(a) (current 680(a)).................  Add ``manned'' before  Clarification........  We would clarify that
                                          ``deepwater'' in                              this requirement applies
                                          existing language.                            only to manned deepwater
                                                                                ports.
70 (current 690).......................  Substitute             Clarification........  The requirements are
                                          ``specified'' for                             specified and are not
                                          ``outlined''.                                 optional, as
                                                                                ``outlined'' would
                                                                                imply.
77(a) (current 697(a)).................  Substitute             Clarification........  We would clarify that
                                          ``operator's'' for                            because the operator is
                                          ``owner's''.                                  in charge of day-to-day
                                                                                operations, the operator
                                                                                is responsible for
                                                                                maintaining all
                                                                                documentation.
115 (current 110)......................  Substitute             Clarification........  This section currently
                                          ``remotely'' for                              requires pipeline end
                                          ``from the pumping                            manifolds to have
                                          platform complex''.                           shutoff valves that can
                                                                                be operated both
                                                                                manually and remotely
                                                                                from a pumping platform
                                                                                complex. Since not every
                                                                                deepwater port has a
                                                                                pumping platform
                                                                                complex, we would
                                                                                replace the reference to
                                                                                such a complex with the
                                                                                word ``remotely.''
130(a) (current 125(a))................  Substitute ``marine    Clarification........  Only the single existing
                                          transfer area of a                            manned deepwater port
                                          deepwater port'' for                          has a pumping platform
                                          ``pumping platform                            complex. The proposed
                                          complex''.                                    change substitutes a
                                                                                generic term common to
                                                                                manned or unmanned
                                                                                deepwater ports.
135 (current 130)......................  In (b) introductory    Clarification........  Reference to paragraph
                                          language add                                  (a) of same section.
                                          ``described in
                                          paragraph (a) of
                                          this section''.
                                         In (b)(1) and (b)(2)   Clarification........  The proposed change
                                          substitute ``marine                           standardizes terminology
                                          transfer area of a                            applicable to all
                                          deepwater port'' for                          deepwater ports
                                          ``pumping platform                            regardless of design or
                                          complex''.                                    cargo. There is no
                                                                                change in applicability
                                                                                because all marine
                                                                                transfer areas are
                                                                                pumping platform
                                                                                complexes. Revised
                                                                                terminology provides
                                                                                greater clarity.
                                         In (b)(2) add          Clarification........  Clarification and
                                          ``described''.                                reference to paragraph
                                                                                (b)(3) of the section.
206....................................  Add..................  Harmonization........  We would adapt existing
                                                                                lifesaving equipment
                                                                                requirements for mobile
                                                                                offshore drilling units
                                                                                (MODUs).
302 (current 402)......................  Revise...............  Clarification........  We would transfer
                                                                                qualifying language from
                                                                                the end to the beginning
                                                                                of the section.
303 (current 403)......................  Revise heading.......  Clarification........  We would revise the
                                                                                heading to clarify who
                                                                                needs the information
                                                                                provided by this
                                                                                section.
304 (current 404)......................  Revise heading.......  Clarification........  We would revise the
                                                                                heading to clarify who
                                                                                needs the information
                                                                                provided by this
                                                                                section.
Current 306-315........................  Remove...............  Nonsubstantive         These sections currently
                                                                 reorganization.        describe survival craft
                                                                                and rescue boat
                                                                                requirements. As part of
                                                                                the nonsubstantive
                                                                                reorganization of part
                                                                                149, we would delete
                                                                                these sections and
                                                                                transfer their substance
                                                                                to 33 CFR part 149,
                                                                                subpart D.
315(a) (current 415(a))................  Substitute ``manned    Clarification........  The proposed change
                                          deepwater port'' for                          standardizes terminology