[Title 33 CFR NN]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter Nn - DEEPWATER PORTS]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseDEEPWATER PORTSNNSUBCHAPTER NNNAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
                      SUBCHAPTER NN_DEEPWATER PORTS





PART 148_DEEPWATER PORTS: GENERAL--Table of Contents




                            Subpart A_General

Sec.
148.1 What is the purpose of this subchapter?
148.2 Who is responsible for carrying out this subchapter?
148.3 What Federal agencies are responsible for carrying out the 
          Deepwater Port Act?
148.5 How are terms used in this subchapter defined?

                   Subpart B_Application for a License

148.100 What is the purpose of this subpart?
148.105 What must I include in my application?
148.107 What additional information may be required?
148.108 What if a Federal or State agency or other interested party 
          requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send and where must I 
          send them?
148.125 What are the application fees?

                    Subpart C_Processing Applications

                                 General

148.200 What is the purpose of this subpart?
148.205 How are documents related to the application maintained?
148.207 How and where can I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?
148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep draft channel and harbor?
148.217 How can a State be designated as an adjacent coastal State?
148.221 What must I do to make a claim or object to a claim?

                             Public Meetings

148.222 When must public meetings be held?
148.227 How is a public meeting reported?

                             Formal Hearings

148.228 What if a formal evidentiary hearing is necessary?
148.230 How is notice of a formal hearing given?
148.232 What are the rules for a formal hearing?
148.234 What are the limits of an administrative law judge's 
          jurisdiction?
148.236 What authority does an administrative law judge have?
148.238 Who are the parties to a formal hearing?
148.240 How does a State or a person intervene in a formal hearing?
148.242 How does a person who is not a party to a formal hearing present 
          evidence at the hearing?
148.244 Who must represent the parties at a formal hearing?
148.246 When is a document considered filed and where must it be filed?
148.248 What happens when a document does not contain all necessary 
          information?
148.250 Who must be served before a document is filed?
148.252 What is the procedure for having a subpoena served?
148.254 How is a transcript of the hearing prepared?
148.256 What happens at the conclusion of a formal hearing?

                  Approval or Denial of the Application

148.276 When must the application be approved or denied?
148.277 How may Federal agencies and States participate in the 
          application process?
148.279 What are the criteria for approval or denial of an application?
148.281 What happens when more than one application is submitted for an 
          oil deepwater port for the same application area?
148.283 When is the application process stopped before the application 
          is approved or denied?

                           Subpart D_Licenses

148.300 What does this subpart concern?
148.305 What is included in a deepwater port license?
148.307 Who may consult with the Commandant (G-M) on developing the 
          conditions of a license?
148.310 How long does a license last?
148.315 How is a license amended, transferred, or reinstated?
148.320 How is a license enforced, suspended, or revoked?

         Subpart E_Site Evaluation and Pre-Construction Testing

148.400 What does this subpart do?
148.405 What are the procedures for notifying the Commandant (G-M) of 
          proposed site evaluation and pre-construction testing?

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148.410 What are the conditions for conducting site evaluation and pre-
          construction testing?
148.415 When conducting site evaluation and pre-construction testing, 
          what must be reported?
148.420 When may the Commandant (G-M) suspend or prohibit site 
          evaluation or pre-construction testing?

    Subpart F_Exemption From or Adjustments to Requirements in This 
                               Subchapter

148.500 What does this subpart do?
148.505 How do I apply for an exemption?
148.510 What happens when a petition for exemption involves the 
          interests of an adjacent coastal State?
148.515 When is an exemption allowed?
148.600 What is the limit of financial liability?
148.605 How is the limit of liability determined?

       Subpart G_Environmental Review Criteria for Deepwater Ports

148.700 How does the Deepwater Port Act interact with other Federal and 
          State laws?
148.702 How were the environmental review criteria developed?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in an environmental review 
          and how will they be applied?
148.708 Must the applicant's proposal reflect potential regulations?
148.709 How are these criteria reviewed and revised?
148.710 What environmental conditions must be satisfied?
148.715 How is an environmental review conducted?
148.720 What are the siting criteria?
148.722 Should the construction plan incorporate best available 
          technology and recommended industry practices?
148.725 What are the design, construction and operational criteria?
148.730 What are the land use and coastal zone management criteria?
148.735 What are other critical criteria that must be evaluated?
148.737 What environmental statutes must an applicant follow?

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

    Source: USCG-1998-3884, 69 FR 748, Jan. 6, 2004, unless otherwise 
noted.

    Effective Date Note: By USCG-1998-3884, 69 FR 746, Jan. 6, 2004, 
subchapter NN, consisting of parts 148, 149, and 150, was revised, 
effective Jan. 6, 2004 until Oct. 1, 2006.



                            Subpart A_General



Sec. 148.1  What is the purpose of this subchapter?

    This subchapter prescribes regulations for the licensing, 
construction, design, equipment, and operation of deepwater ports under 
the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-1524) (the 
Act).



Sec. 148.2  Who is responsible for carrying out this subchapter?

    Unless otherwise specified, the owner of a deepwater port must 
ensure that the requirements of this subchapter are carried out at that 
port.



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

    Under delegations from the Secretary of Homeland Security and the 
Secretary of Transportation, the Coast Guard and the Maritime 
Administration (MARAD) coordinate with each other in processing 
applications for the issuance, transfer, or amendment of a license for 
the construction and operation of a deepwater port. MARAD is responsible 
for issuing, revoking, and reinstating deepwater port licenses. MARAD 
also has authority over the approval of fees charged by adjacent coastal 
States and certain matters relating to international policy, civil 
actions, and suspension or termination of licenses. The Secretary of 
Transportation has delegated authority over pipeline matters to the 
Research and Special Programs Administration (RSPA).



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

    As used in this subchapter:
    Act means the Deepwater Port Act of 1974, as amended (33 U.S.C. 
1501-1524).
    Adjacent coastal State means any ``coastal State'' that
    (1) Would be directly connected by pipeline to a ``deepwater port'';
    (2) Would be located within 15 miles of a ``deepwater port''; or
    (3) Is designated as an ``adjacent coastal State'' by the 
Administrator of the Maritime Administration under 33 U.S.C. 1508(a)(2).

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    Administrator of the Maritime Administration means the Associate 
Administrator, Port, Intermodal and Environmental Activities, Maritime 
Administration, or that individual's authorized representative, at 400 
Seventh Street SW., Washington, DC 20590, telephone 202-366-4721.
    Affiliate means a ``person'':
    (1) That has an ownership interest, direct or indirect, of more than 
3 percent in an ``applicant'';
    (2) That offers to finance, manage, construct, or operate the 
``applicant's'' ``deepwater port'' to any significant degree;
    (3) That owns or ``controls'' an ``applicant'' or an entity under 
paragraphs (1) or (2) of this definition; or
    (4) That is owned or ``controlled'' by, or under common ownership 
with, an ``applicant'' or an entity under paragraphs (1), (2), or (3) of 
this definition.
    Applicant means a ``person'' that is the owner of a proposed 
deepwater port and that is applying for a license under this part for 
that port.
    Application means an application submitted under this part for a 
license to own, construct, and operate a deepwater port.
    Approval series means the first six digits of a number assigned by 
the Coast Guard to approved equipment. Where approval is based on a 
subpart of 46 CFR chapter I, subchapter Q, the approval series 
corresponds to the number of the subpart. A list of approved equipment, 
including all of the approval series, is available at http://
cgmix.uscg.mil/Equipment.
    Approved means approved by the ``Commandant (G-M)''.
    Area to be avoided means a routing measure comprising an area within 
defined limits in which either navigation is particularly hazardous or 
it is exceptionally important to avoid casualties and which should be 
avoided by all ships or certain classes of ships. An area to be avoided 
may be either mandatory, where navigation is prohibited or subject to 
conditions imposed by competent authority, or recommendatory, in which 
ships should navigate with caution in light of the specially hazardous 
conditions presented. In either case, the nature of the area (whether 
mandatory or recommendatory) will be identified to mariners.
    Barrel means 42 U.S. gallons (159 liters) at atmospheric pressure 
and 60 [deg]Fahrenheit (15.56 [deg]Celsius).
    Captain of the Port or COTP means a Coast Guard officer who commands 
a Captain of the Port zone described in part 3 of this chapter and who 
is immediately responsible for enforcing port safety and security and 
marine environmental protection regulations within that area.
    Certified Industrial Hygienist means an industrial hygienist who is 
certified by the American Board of Industrial Hygiene.
    Certified Marine Chemist means a marine chemist who is certified by 
the National Fire Protection Association.
    Citizen of the United States means:
    (1) Any person who is a United States citizen by law, birth, or 
naturalization;
    (2) Any state, any agency of a State or a group of States; or
    (3) Any corporation, partnership, or other association:
    (i) That is organized under the laws of any State;
    (ii) Whose president, and chairman of the board of directors, and 
general partners or their equivalents, are persons described in 
paragraph (1) of this definition; and
    (iii) That has no more of its directors who are not persons 
described in paragraph (1) of this definition than constitute a minority 
of the number required for a quorum to conduct the business of the board 
of directors.
    Coastal environment means the coastal waters (including the lands in 
and under those waters), internal waters, and the adjacent shorelines 
(including waters in and under those shorelines). The term includes, but 
is not limited to, transitional and intertidal areas, bays, lagoons, 
salt marshes, estuaries, and beaches; fish, wildlife, and other living 
resources of those waters and lands; and the recreational and scenic 
values of those lands, waters, and resources.
    Coastal State means a State of the United States in or bordering on 
the Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
    Commandant (G-M) means the Assistant Commandant for Marine Safety,

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Security and Environmental Protection, or that individual's authorized 
representative, at Commandant (G-M), U.S. Coast Guard, 2100 Second 
Street SW., Washington, DC 20593-0001.
    Confined space means a space that may contain a dangerous 
atmosphere, including a space that:
    (1) Has poor natural ventilation, such as a space with limited 
openings (e.g., cofferdam, double bottom tank); or
    (2) Is not designed for continuous occupancy by personnel.
    Construction means the supervising, inspection, actual building and 
all other activities incidental to the building, repairing, or expanding 
of a ``deepwater port'' or any of its components. The term includes, but 
is not limited to, fabrication, laying of pipe, pile driving and bulk 
heading and alterations, modifications, or additions to the ``deepwater 
port''.
    Control means the power, directly or indirectly, to determine the 
policy, business practices, or decision-making process of another 
``person'', whether by stock or other ownership interest, by 
representation on a board of directors or similar body, by contract or 
other agreement with stockholders or others, or by other means.
    Crude oil means a mixture of hydrocarbons that exist in the liquid 
phase in natural underground reservoirs and remains liquid at 
atmospheric pressure after passing through surface separating facilities 
and includes:
    (1) Liquids technically defined as crude oil;
    (2) Small amounts of hydrocarbons that exist in the gaseous phase in 
natural underground reservoirs but are liquid at atmospheric pressure 
after being recovered from oil well (casing head) gas in lease 
separators; and
    (3) Small amounts of non-hydrocarbons produced with the oil.
    Dangerous atmosphere means an atmosphere that may expose personnel 
to the risk of death, incapacitation, injury, or acute illness or may 
impair ability to escape from the atmosphere unaided.
    Deepwater port means any fixed or floating manmade structures other 
than a vessel, or any group of structures, located beyond State seaward 
boundaries and that are used or intended for use as a port or terminal 
for the transportation, storage, or further handling of oil or natural 
gas for transportation to any State, except as otherwise provided in the 
Deepwater Port Act of 1974, as amended, and for other uses not 
inconsistent with the purposes of that Act, including transportation of 
oil or natural gas from the United States outer continental shelf. The 
term includes all components and equipment, including pipelines, pumping 
stations, service platforms, buoys, mooring lines, and similar 
facilities to the extent they are located seaward of the high water 
mark. In the case of natural gas, the term includes all components and 
equipment, including pipelines, pumping or compressor stations, service 
platforms, buoys, mooring lines, and similar facilities which are 
proposed and/or approved for construction and operation as part of the 
deepwater port, to the extent that they are located seaward of the high 
water mark and do not include interconnecting facilities. A deepwater 
port shall be considered a ``new source'' for purposes of the Clean Air 
Act, as amended (42 U.S.C. 7401 et seq.), and the Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
    District Commander means an officer who commands a Coast Guard 
District described in part 3 of this chapter or that individual's 
authorized representative.
    Emergency medical technician (EMT) means a person trained and 
certified to appraise and initiate the administration of emergency care 
for victims of trauma or acute illness before or during transportation 
of the victims to a health care facility via ambulance, aircraft or 
vessel.
    Engineering hydrographic survey means a detailed geological analysis 
of seabed soil samples performed to determine the physical composition 
(e.g., mineral content, etc.) and structural integrity for the 
installation of offshore components and structures.
    Governor means the Governor of a ``State'' or the ``person'' 
designated by State law to exercise the powers granted to the Governor 
under the Act.
    Gross under-keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker

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is moored or anchored in calm water free of wind, current, or tide 
conditions that would cause the tanker to move.
    Hose string means the part of a ``single point mooring oil or 
natural gas transfer connection'' made out of flexible hose of the 
floating or float/sink type that connects the tanker's manifold to the 
``single point mooring''.
    Hot work means work that produces heat or fire, such as riveting, 
welding, burning, or other fire or spark producing operations.
    Lease block means an area established either by the Secretary of the 
Interior under section 5 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1334) or by a State under section 3 of the Submerged Lands Act 
(43 U.S.C. 1311).
    License means a license issued under this part to own, construct, 
and operate a deepwater port.
    Licensee means a citizen of the United States holding a valid 
license for the ownership, construction, and operation of a deepwater 
port that was issued, transferred, or renewed under this subchapter.
    Marine environment includes the ``coastal environment,'' waters of 
the contiguous zone, the exclusive economic zone, and the high seas; 
fish, wildlife, and other living resources of those waters; and the 
recreational and scenic values of those waters and resources.
    Marine site means the area in which the deepwater port is located, 
and includes the safety zone, attendant ships' routes, anchorages and 
all areas seaward of the high water mark in which associated components 
and equipment of the deepwater port are located.
    Maritime Administration (or MARAD) means the Administrator of the 
Maritime Administration or that person's designees.
    Metering platform means a manned or unmanned platform consisting of 
either a fixed or floating structure that serves as an interchange site 
for controlling the rate of transfer of natural gas from vessel to 
pipeline.
    Natural gas means either natural gas unmixed, or any mixture of 
natural or artificial gas, including compressed or liquefied natural 
gas.
    Net under-keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is underway, anchored, or 
moored and subject to actual wind, waves, current, and tide motion.
    No anchoring area means a routing measure comprising an area within 
defined limits where anchoring is unsafe, unstable, or particularly 
hazardous or could result in unacceptable damage to the marine 
environment. Anchoring should be avoided by all ships or certain classes 
of ships in a no anchoring area.
    Officer in Charge, Marine Inspection, or OCMI means an individual 
who commands a Marine Inspection Zone described in part 3 of this 
chapter and who is immediately responsible for the performance of duties 
with respect to inspections, enforcement, and administration of 
regulations governing a deepwater port.
    Offshore competent person means an individual trained and designated 
by his or her employer in matters relating to confined-space pre-entry 
testing and certification at a deepwater port, prior to entry. An 
offshore competent person should demonstrate proficiency in the 
following criteria--
    (1) Hazard description and recognition;
    (2) Hazard evaluation and measurement;
    (3) Hazard prevention;
    (4) Control and elimination; and
    (5) Practical application simulation.
    Oil means petroleum, crude oil, and any substance refined from 
petroleum or crude oil.
    Operator means the person who is licensed under 33 U.S.C. 1503 to 
own, construct, and operate a deepwater port, or that person's designee.
    Person means an individual, a public or private corporation, a 
partnership or other association, or a government entity.
    Personnel means individuals who are employed by licensees, 
operators, contractors, or subcontractors and who are on a deepwater 
port by reason of their employment.
    Pipeline end manifold means the pipeline end manifold at a ``single 
point mooring.''
    Platform means a fixed structure that rests on or is embedded in the 
seabed and that has floors or decks where an

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activity or specific function may be carried out.
    Pumping platform complex means a ``platform'' or a series of 
interconnected ``platforms'', exclusive of a deepwater port, consisting 
of one or more single point moorings (SPM) or submerged turret loading 
buoys (STL) that can pump oil or natural gas and that has one or more of 
the following features or capabilities:
    (1) Can handle the mooring and loading of small ``vessels'';
    (2) Has berthing and messing facilities; and
    (3) Has a landing area for helicopters.
    Reconnaissance hydrographic survey means a scientific study of fresh 
and salt-water bodies, currents and water content, cultural resources 
and seabed soils. A visual representation of the survey findings is 
normally depicted on a chart of the examined area.
    Routing measures means any system of one or more vessel routes or 
routing schemes aimed at reducing the risk of casualties. It includes 
traffic separation schemes, two-way routes, recommended tracks, areas to 
be avoided, inshore traffic zones, roundabouts, and deepwater routes.
    Safety zone means the safety zone established around a deepwater 
port under part 150, subpart J, of this chapter.
    Single point mooring (SPM) means an offshore berth that links an 
undersea pipeline to a tanker moored to the mooring and allows for the 
transfer of oil or natural gas between the tanker and the pipeline.
    Single point mooring-oil transfer system (SPM-OTS) or single point 
mooring-natural gas transfer system (SPM-NGTS) means the part of the oil 
or natural gas transfer system from the ``pipeline end manifold'' to the 
end of the ``hose string'' that connects to the tanker's manifold.
    State includes each of the States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, and the territories and 
possessions of the United States.
    Support vessel means a vessel working for a licensee at a deepwater 
port or cleared by a licensee to service a tanker calling at a deepwater 
port, and includes a:
    (1) Tug;
    (2) Line-handling boat;
    (3) Crew boat;
    (4) Supply vessel;
    (5) Bunkering vessel;
    (6) Barge; or
    (7) Other similar vessel.
    Survival craft means a craft capable of sustaining the lives of 
persons in distress after abandoning a deepwater port. The term includes 
lifeboats, life rafts, buoyant apparatus, and survival capsules. The 
term does not include rescue boats, unless the rescue boats are also 
``approved'' as lifeboats.
    Tanker means a vessel that calls at a ``deepwater port'' to unload 
oil or natural gas.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on or through the water.



                   Subpart B_Application for a License



Sec. 148.100  What is the purpose of this subpart?

    This subpart describes how to apply for a license to own, construct, 
and operate a deepwater port.



Sec. 148.105  What must I include in my application?

    Your application must include the information required by paragraphs 
(a) through (cc) of this section.
    (a) For each applicant, affiliate, and consultant:
    (1) The name, address, telephone number, citizenship, and principal 
business activity of the applicant and its affiliates;
    (2) The name, address, and principal business activity of each 
subsidiary or division of the applicant or its affiliates that 
participated in the decision to apply for a license to build a deepwater 
port;
    (3) A description of how each affiliate is associated with the 
applicant and of the ownership interest each affiliate has in the 
applicant;
    (4) A list of corporate officers and directors of the applicant and 
each affiliate that participated in the decision to apply for a license 
to build a deepwater port;

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    (5) A statement on the applicant's and each affiliate's history for 
the last 5 years, including:
    (i) Any bankruptcy filing, their dates, and statuses in the event 
the activity results in reorganization;
    (ii) Any violations of State or Federal laws; and
    (iii) Outstanding litigation that relates to, or could materially 
affect, information in the license application; and
    (6) A declaration regarding lobbying activities on behalf of either 
the applicant or an affiliate under 31 U.S.C. 1352.
    (b) Experience in matters relating to deepwater ports. (1) A 
description of the experience of the applicant, its affiliates, and its 
consultants in offshore operations, particularly operations involving 
the transfer and storage of liquid cargo and the loading and unloading 
of vessels.
    (2) For each affiliate with which the applicant has made a 
significant contract for the construction of any part of the deepwater 
port, a description of that affiliate's experience in construction of 
marine terminal facilities, offshore structures, underwater pipelines, 
and seabed foundations and a description of other experiences that would 
bear on the affiliate's qualification to participate in the construction 
of a deepwater port.
    (c) The identity of each engineering firm, if known, that will 
design the deepwater port or a portion of the port. The firm's:
    (1) Name;
    (2) Address;
    (3) Citizenship;
    (4) Telephone number; and
    (5) Qualifications.
    (d) United States citizenship. (1) As used in this paragraph (d) the 
terms ``president,'' ``chairman,'' ``directors,'' and ``board of 
directors'' (or ``board'') refer to those officers and boards or their 
equivalents by whatever means they may be known. References to 
``charters,'' ``certificates,'' or other documents refer to legally 
sufficient documents by those names or their equivalents.
    (2) If the applicant is an individual citizen of the United States 
by law, birth, or naturalization, or a group of such individuals, submit 
an affidavit of U.S. citizenship from each individual.
    (3) If the applicant is a State agency of a State, or a group of 
states, submit the law or laws authorizing the applicant to undertake 
the operations detailed in the application.
    (4) If the applicant is a private corporation, submit its current 
charter or certificate of incorporation; its current by-laws; and 
affidavits of citizenship (U.S. or foreign) from its president, chairman 
of the board of directors and each director.
    (5) If the applicant is a partnership or association not formed or 
owned solely by individual citizens of the United States, submit its 
certificate of formation; its partnership agreement or articles of 
association; its current by-laws; the minutes of its first board 
meeting; and affidavits of citizenship (U.S. or foreign) from the 
president and each director.
    (e) Address for service of documents. The name and address of one 
individual who may be served with documents in case a formal hearing is 
held concerning the application, and the name and address of one 
individual who may receive other documents.
    (f) Location and use. The proposed location and capacity of the 
deepwater port and a general description of the anticipated use of the 
port.
    (g) Financial information. (1) For the applicant and each affiliate 
with an ownership interest in the applicant of greater than 3 percent, 
and affiliates which have a direct contractual relationship with the 
deepwater port:
    (i) Annual financial statements, audited by an independent certified 
public accountant, for the previous 3 years, including, but not limited 
to, an income statement, balance sheet, and cash flow statement with 
footnote disclosures prepared according to U.S. Generally Accepted 
Accounting Principles; provided, however, that the Commandant (G-M), in 
coordination with MARAD, may waive this requirement upon finding that 
the affiliate does not in the normal course of business produce audited 
statements and is part of a larger corporate group whose audited 
statement provides sufficient

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information to support an adequate assessment of the affiliate's 
relationship with and impact on the applicant; and
    (ii) Interim income statements and balance sheets for each quarter 
that ends at least 30 days before submission of the application, unless 
it is included in the most recent annual financial statement.
    (2) An estimate of construction costs, including:
    (i) A phase-by-phase breakdown of costs;
    (ii) The estimated completion dates for each phase; and
    (iii) A detailed estimate of the cost of removing all of the marine 
components of the deepwater port, other than pipelines that lie beneath 
the seabed, when operations at the port cease.
    (3) Annualized projections or estimates of each of the following, 
along with the underlying assumptions, for the next 5 years and at 
reasonable intervals throughout the life of the deepwater port:
    (i) Total oil or natural gas throughput and subtotals showing 
throughput owned by the applicant and its affiliates and throughput 
owned by others;
    (ii) Projected financial statements, including a balance sheet and 
income statement; and
    (iii) Annual operating expenses, showing separately any payment made 
to an affiliate for any management duties carried out in connection with 
the operation of the deepwater port.
    (4) A copy of all proposals or agreements concerning the management 
and financing of the deepwater port, including agreements relating to 
throughputs, capital contributions, loans, guarantees, commitments, 
charters, and leases.
    (5) The throughput reports for the calendar year preceding the date 
of the application for the applicant and each of the applicant's 
affiliates engaged in producing, refining, or marketing oil or natural 
gas, along with a copy of each existing or proposed throughput 
agreement. Each throughput report must list the throughput of the 
following products:
    (i) Crude oil. If crude oil is the only product the port is designed 
to transport, the throughput report may be limited to reporting crude 
oil;
    (ii) Gasoline;
    (iii) Jet aviation fuel;
    (iv) Distillate fuel oils;
    (v) Other refinery products; and
    (vi) Natural gas.
    (h) Construction contracts and construction-related studies. (1) A 
copy of each contract that the applicant made for the construction of 
any component of the deepwater port or for the operation of the port.
    (2) A listing and abstract of:
    (i) All completed or ongoing studies on deepwater ports conducted by 
or for the applicant; and
    (ii) All other construction-related studies used by the applicant.
    (3) The identity of each contractor, if known, that will construct 
or install the deepwater port or a portion of the port, including each 
firm's:
    (i) Name;
    (ii) Address;
    (iii) Citizenship;
    (iv) Telephone number; and
    (v) Qualifications.
    (i) Compliance with Federal water pollution requirements. (1) 
Evidence, to the extent available, that the requirements of section 
401(a)(1) of the Federal Water Pollution Control Act Amendments of 1972, 
33 U.S.C. 1341(a)(1), will be satisfied. If complete information is not 
available by the time MARAD must either approve or deny the application 
under 33 U.S.C. 1504(i)(1), the license for the deepwater port is 
conditioned upon the applicant demonstrating that the requirements of 
section 401(a)(1) of the Federal Water Pollution Control Act Amendments 
of 1972, 33 U.S.C. 1341(a)(1), will be satisfied.
    (2) In those cases where certification under 33 U.S.C. 1341(a)(1) 
must be obtained from the Administrator of the Environmental Protection 
Agency, the request for certification, and pertinent information (e.g., 
plume modeling) related to the certification.
    (j) Coastal zone management. A request for each certification 
required by section 307 of the Coastal Zone Management Act of 1972, as 
amended (16 U.S.C. 1456).
    (k) Identification of lease block. (1) Identification of each lease 
block where any part of the proposed deepwater port or its approaches is 
located. This identification must be made on

[[Page 186]]

Official Outer Continental Shelf Leasing Maps or Protraction diagrams, 
where they are available. For each lease block, provide the following:
    (i) A description of each pipeline, or other right-of-way crossing, 
in enough detail to allow plotting of the rights-of-way to the nearest 
one-tenth of a second in latitude and longitude; and
    (ii) The identity of the lessee of each pipeline or other right-of-
way.
    (2) Detailed information concerning any interest that anyone, 
including the applicant, has in each block.
    (3) Detailed information concerning the present and planned use of 
each block.
    (l) Overall site plan. Single-line drawings showing the location and 
type of each component of the proposed deepwater port and its necessary 
facilities, including:
    (1) Floating structures;
    (2) Fixed structures;
    (3) Aids to navigation;
    (4) Manifold systems; and
    (5) Onshore storage areas, pipelines, and refineries.
    (m) Site plan for marine components. A site plan consisting of the 
following:
    (1) The proposed size and location of all:
    (i) Fixed and floating structures and associated components seaward 
of the high water mark only, if the proposal does not involve a 
connected action (i.e., installation of new pipeline extending in shore 
of the state boundary line);
    (ii) Recommended ships' routing measures and proposed vessel traffic 
patterns in the port area, including aids to navigation;
    (iii) Recommended anchorage areas and, for support vessels, mooring 
areas; and
    (2) A reconnaissance hydrographic survey of the proposed marine 
site. This survey should provide data on the water depth, prevailing 
currents, cultural resources, and a general characterization of the sea 
bottom. A requirement to submit an engineering hydrographic survey of 
the final marine site will be imposed as a condition in the license. The 
latter survey will require more extensive analysis of the soil and 
detailed study to determine its physical composition (i.e., minerals), 
and if the sea bottom can support fixed components comprising a 
deepwater port. The applicant may submit existing data, gathered within 
the previous 2 years, but it must be supplemented by field data for the 
specific locations in which a high degree of variability exists.
    (n) Soil data. An analysis of the general character and condition of 
the ocean bottom, sub-bottom, and upland soils throughout the marine 
site. The applicant may use existing data, so long as it was collected 
within the last 2 years and continues to provide accurate information 
about conditions throughout the site. If not, a new survey must be 
completed to provide supplemental data. The analysis must include an 
opinion by a registered professional engineer specializing in soil 
mechanics concerning:
    (1) The suitability of the soil to accommodate the anticipated 
design load of each marine component that will be fixed to or supported 
on the ocean floor; and
    (2) The stability of the seabed when exposed to the environmental 
forces resulting from severe storms or lesser forces that occur over 
time, including any history of accretion or erosion of the coastline 
near the marine site.
    (o) Archeological information. An analysis of the information from 
the reconnaissance hydrographic survey by a qualified underwater 
archeologist to determine the historical or other significance of the 
area where the site evaluation and pre-construction testing activities 
were conducted. This analysis must meet standards established by the 
Mineral Management Service for activities on the Outer Continental Shelf 
and include the areas potentially affected by the deepwater port, other 
associated platforms, and its pipeline routes.
    (p) Vessel operational information. Description of information, to 
be provided in the operations manual, pertaining to vessel operations, 
vessel characteristics and weather forecasting.
    (q) Information on floating components. (1) A description and 
preliminary design drawing of each floating component, including the 
hoses, anchoring or securing structure, and navigation

[[Page 187]]

lights if the component is a mooring buoy.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each floating component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of safety, fire-fighting, and pollution prevention 
equipment to be used on each floating component.
    (6) A description of lighting to be used on floating hoses for night 
detection.
    (r) Information on fixed offshore components. (1) A description and 
preliminary design drawing for each fixed offshore component.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each fixed offshore component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the following equipment to be installed:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment (response equipment will be 
outlined in the facility response plan); and
    (vi) Waste treatment equipment.
    (6) A description and preliminary design drawing of the following:
    (i) The cargo pumping equipment;
    (ii) The cargo piping system;
    (iii) The control and instrumentation system; and
    (iv) Any associated equipment, including oil or natural gas-
throughput-measuring equipment, leak-detection equipment, emergency-
shutdown equipment, and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (s) Information on offshore pipelines. (1) A description and 
preliminary design drawing of the marine pipeline, including:
    (i) Size;
    (ii) Throughput capacity;
    (iii) Length;
    (iv) Depth of cover; and
    (v) Protective devices.
    (2) The design criteria to which the marine pipeline will be 
designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the metering system to be used to measure flow 
rate.
    (6) Information concerning all submerged or buried pipelines that 
will be crossed by the offshore pipeline and how each crossing will be 
made.
    (t) Information on onshore components. The information required by 
paragraphs (t)(1) through (t)(3) must be supplied to the extent known by 
the applicant.
    (1) A description of the location, capacity, and ownership of all 
planned and existing onshore pipelines, storage facilities, refineries, 
petrochemical facilities, and transshipment facilities that will be 
served by the deepwater port. Crude oil or natural gas gathering lines 
and lines wholly within a deepwater port must be included in data on 
onshore components only if specifically required. Entry points and major 
connections between lines and with bulk purchasers must be included.
    (2) A chart showing the location of all planned and existing 
facilities that will be served by the port, including:
    (i) Onshore pipelines;
    (ii) Storage facilities;
    (iii) Refineries;
    (iv) Petrochemical facilities; and
    (v) Transshipment facilities.
    (3) A copy of all proposals or agreements with existing and proposed 
refineries that will receive oil transported through the deepwater port, 
the location and capacity of each such refinery and the anticipated 
volume of such oil to be refined by each such refinery to the extent 
known by the applicant.
    (u) Information on miscellaneous components. (1) A description of 
each radio station or other communications facility to be used during 
construction and operation of the deepwater port and their proposed 
concept of operation.
    (2) A description of the radar navigation system to be used in 
operation of

[[Page 188]]

the deepwater port outlined in the operations manual.
    (3) A description of the method to be used for bunkering vessels 
using the deepwater port.
    (4) A brief description of the type, size, and number of vessels to 
be used in bunkering, mooring, and servicing the vessels using the 
deepwater port.
    (5) A description and location of shore-based support facilities, if 
any, to be provided for vessels described in paragraph (u)(4) of this 
section; or that serve as offices or facilities in support of the 
deepwater port operations.
    (6) A copy of the actual radio station license, or if not available, 
the application sent to the Federal Communications Commission.
    (v) Construction procedures. A description of the method and 
procedures to be used in constructing each component of the deepwater 
port (e.g., shore-side fabrication, assembly and support), including 
anticipated dates of completion for each specific component during each 
phase of construction.
    (w) Operations manual. A draft of the operations manual for the 
proposed port containing the information under Sec. 150.15 of this 
chapter must demonstrate the applicant's ability to operate the port 
safely and effectively. To the extent circumstances are similar, this 
demonstration can be in the form of evidence, appended to the draft 
operations manual, of the applicant's participation in the safe and 
effective management or operation of other offshore facilities (for 
example, evidence of compliance with Mineral Management Service 
requirements for those facilities). If the information required for the 
manual is not available, state why it is not and when it will be 
available.
    (x) Environmental evaluation. An analysis, sufficient to meet the 
requirements of the National Environmental Policy Act, and as outlined 
in subpart G of this part, of the potential for impacts on the natural 
and human environments, including sufficient information to comply with 
all applicable Federal, tribal, and state requirements for the 
protection of the environment.
    (y) Aids to navigation. (1) For each proposed aid to navigation, the 
proposed position of the aid described by latitude and longitude 
coordinates to the nearest second or tenth of a second as determined 
from the largest scale chart of the area in which the aid is to be 
located. Specify latitude and longitude to a level obtained by visual 
interpolation between the finest graduation of the latitude and 
longitude scales on the chart.
    (2) For each proposed obstruction light and rotating lighted beacon:
    (i) Color;
    (ii) Characteristic;
    (iii) Effective intensity;
    (iv) Height above water; and
    (v) General description of illumination apparatus.
    (3) For each proposed sound signal on a structure, a general 
description of the apparatus.
    (4) For each proposed buoy:
    (i) Shape;
    (ii) Color;
    (iii) Number or letter;
    (iv) Depth of water in which located; and
    (v) General description of any light or sound signal apparatus on 
the buoy.
    (5) For the proposed radar beacon (RACON), height above water and a 
general description of the apparatus.
    (z) National Pollutant Discharge Elimination System (NPDES). To the 
extent available, the information prescribed by, and submitted on, the 
NPDES Application for Permit to Discharge, Short Form D, for applying 
for a discharge permit from the Environmental Protection Agency (EPA). 
If complete information is not available by the time MARAD must either 
approve or deny the application for a designated application area under 
33 U.S.C. 1504(i)(1), the license for the deepwater port is conditioned 
upon the applicant receiving the required discharge permit from the EPA 
before the start of any discharge requiring such a permit. The issuance 
of the permit demonstrates that all potential water discharges have been 
satisfactorily analyzed and water quality control measures implemented 
to mitigate discharges to meet NPDES.
    (aa) Placement of structures and the discharge of dredged or fill 
material. The

[[Page 189]]

information required to obtain a Department of Army permit for placement 
of structures and the discharge of dredged or fill material.
    (bb) Additional Federal authorizations. All other applications for 
Federal authorizations not listed elsewhere in this subpart that are 
required for ownership, construction, and operation of a deepwater port.
    (cc) A statement that the information in the application is true. 
This statement must be placed at the end of the application, sworn to 
before a notary public, and signed by a responsible official of the 
applicant.



Sec. 148.107  What additional information may be required?

    (a) The Commandant (G-M), in coordination with MARAD, may require 
the applicant or the applicant's affiliates to file, as a supplement to 
the application, any analysis, explanation, or detailing of information 
in the application or any other information the Commandant (G-M) deems 
necessary.
    (b) The Commandant (G-M) may require the applicant or the 
applicant's affiliates to make available for Coast Guard examination, 
under oath or for interview, persons having, or believed to have, 
necessary information.
    (c) The Commandant (G-M) may set a deadline for receiving the 
information. If the applicant states that the required information is 
not yet available but will be at a later date, the Commandant (G-M) may 
specify a later deadline. If a requirement is not met by a deadline 
fixed under this paragraph, the Commandant (G-M), in coordination with 
MARAD, may determine whether compliance with the requirement is 
important to processing the application within the time prescribed by 
the Act. If the requirement is important to processing the application 
within the time limit set by the Act, the Commandant (G-M) may recommend 
to the Administrator of the Maritime Administration that the 
Administrator either not approve the application or suspend it 
indefinitely. The deadline for the Administrator's review under the Act 
is extended for a period of time equal to the time of the suspension.



Sec. 148.108  What if a Federal or State agency or other interested 
party requests additional information?

    (a) Any Federal or State agency or other interested person may 
recommend that the applicant provide information in addition to that 
required to be in the application.
    (b) Recommendations must include a brief statement of why the 
information is needed.
    (c) The Commandant (G-M) must receive the request within 30 days 
after publication of the notice of application in the Federal Register. 
The request is considered before any final determination is made.
    (d) Commandant (G-M) will consider whether:
    (1) The information requested is essential for processing the 
license application; and
    (2) The time and effort required by the applicant in gathering the 
information will result in an undue delay in the application process.
    (e) Commandant (G-M) may consult with the applicant prior to issuing 
a determination on the request for additional information.



Sec. 148.110  How do I prepare my application?

    (a) Any person may confer with the Commandant (G-M) concerning 
requirements contained in this rule for the preparation of an 
application or the requirements of this subchapter.
    (b) The applicant may incorporate, by clear and specific reference 
in the application, the following:
    (1) Standard reference material that the applicant relied on and 
that is readily available to Federal and State agencies;
    (2) Current information contained in previous applications or 
reports that the applicant has submitted to the application staff; or
    (3) Current information contained in a tariff, report, or other 
document previously filed for public record with the Surface 
Transportation Board or the Securities and Exchange Commission, if:
    (i) A certified true and complete copy of the document is attached 
to each copy of the application required by Sec. 148.115(a);

[[Page 190]]

    (ii) The date of filing and the document number or other locator are 
on the cover of the document; and
    (iii) Any verification or certification required for the original 
filing (other than from auditors or other independent persons) is dated 
no earlier than 30 days before the date of the application.



Sec. 148.115  How many copies of the application must I send and where 
must I send them?

    Send copies of the application as described in paragraphs (a) 
through (c).
    (a) Six printed copies (and an electronic version), to the 
Commandant (G-MSO), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.
    (b) One copy to the U.S. Army Corps of Engineers District Office 
having jurisdiction over the proposed port. For the address, see http://
www.usace.army.mil/.
    (c) The Commandant (G-MSO) may require the applicant to supply 
additional printed copies for distribution to Federal, tribal, and state 
regulatory agencies involved in reviewing the application.



Sec. 148.125  What are the application fees?

    (a) The applicant must submit to the Commandant (G-M) a 
nonrefundable application fee of $350,000 with each application for a 
license. If additional information is necessary to make an application 
complete, no additional application fee is required.
    (b) The costs incurred by the Federal Government in processing an 
application will be charged to the application fee until it is 
exhausted. If the fee is exhausted and the Federal Government incurs 
further processing costs, the applicant will be charged the additional 
costs. Commandant (G-M) will periodically advise the applicant of the 
status of expenses incurred during the application process.
    (c) Additional costs attributable to efforts to process a deepwater 
port license application will be paid by the applicant. These additional 
costs must be submitted to the Commandant (G-M) when they are assessed.
    (d) Application fees and additional costs assessed under this 
section must be made payable to the ``United States Treasury.''



                    Subpart C_Processing Applications

                                 General



Sec. 148.200  What is the purpose of this subpart?

    This subpart prescribes the requirements for processing an 
application for a deepwater port license. It includes the procedures for 
maintaining the docket, designating adjacent coastal States, holding 
informal and formal public hearings, and approving or denying an 
application.



Sec. 148.205  How are documents related to the application maintained?

    (a) The Commandant (G-M) maintains the docket for each application.
    (b) The docket contains a copy of all documents filed or issued as 
part of the application process.
    (c) Recommendations submitted by Federal departments and agencies 
under 33 U.S.C. 1504(e)(2) are docketed when they are received. Copies 
of applicable NEPA documents prepared under 33 U.S.C. 1504(f) are 
docketed when they are sent to the Environmental Protection Agency.
    (d) For a document designated as protected from disclosure under 33 
U.S.C. 1513(b), the Commandant (G-M):
    (1) Prevents the information in the document from being disclosed, 
unless the Commandant (G-M) states that the disclosure is not 
inconsistent with 33 U.S.C. 1513(b); and
    (2) Keeps a record of all individuals who have a copy of the 
document.



Sec. 148.207  How and where can I view docketed documents?

    (a) All material in a docket under Sec. 148.205 is available to the 
public for inspection and copying at Commandant (G-M) at the address 
under ``Commandant (G-M)'' in Sec. 148.5, except for:
    (1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or 
operation of a deepwater port; and

[[Page 191]]

    (2) Material designated under paragraph (b) of this section as a 
trade secret or commercial or financial information that is claimed to 
be privileged or confidential.
    (b) A person submitting material that contains either a trade secret 
or commercial or financial information under paragraph (a)(2) of this 
section must designate those portions of the material that are 
privileged or confidential. Section 148.221 contains procedures for 
objecting to these claims.



Sec. 148.209  How is the application processed?

    The Commandant (G-M) processes each application and publishes the 
notice of application under 33 U.S.C. 1504(c) in the Federal Register. 
Upon publication of a notice of application, the Commandant (G-M) 
delivers copies of the application to:
    (a) Each Federal agency with jurisdiction over any aspect of 
ownership, construction, or operation of deepwater ports. These include 
the Environmental Protection Agency, the Departments of Commerce, 
Defense, Energy, Interior and State, and relevant State environmental 
and natural resources protection agencies.
    (b) Each adjacent coastal State.



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

    If at any time before the Secretary approves or denies an 
application, the information in it changes or becomes incomplete, the 
applicant must promptly submit the changes or additional information in 
the manner set forth in 148.115 of this part.



Sec. 148.213  How do I withdraw my application?

    The applicant may withdraw an application at any time before the 
proceeding is terminated by delivering or mailing notice of withdrawal 
to the Commandant (G-M) for docketing.



Sec. 148.215  What if a port has plans for a deep draft channel and 
harbor?

    If a port of a State that will be directly connected by pipeline 
with a proposed deepwater port has existing plans for a deep draft 
channel and harbor, a representative of the port may request a 
determination under 33 U.S.C. 1503(d). The request must be sent, in 
writing, to Commandant (G-M) within 30 days after the date that the 
notice of application for the deepwater port is published in the Federal 
Register. The request must contain the information required in 
paragraphs (a) through (e) of this section.
    (a) Signature of the highest official of the port submitting the 
request;
    (b) A copy of the existing plans for the construction of a deep 
draft channel and harbor;
    (c) Certification that the port has an active study by the Secretary 
of the Army for the construction of a deep draft channel and harbor or 
that the port has pending an application for a permit under 33 U.S.C. 
403 for the construction;
    (d) Any available documentation on:
    (1) Initial costs (by phases, if development is staged) for the 
proposed onshore project, including dredging, ship terminal, and 
attendant facilities;
    (2) Estimated annual operating expenses (by phases, if development 
is staged), including labor, for 30 years for all elements of the 
project;
    (3) Estimated time of completion of all elements of the project;
    (4) Estimated volume of ship traffic and volume and variety of the 
tonnage;
    (5) Potential traffic congestion conditions in the port and the 
port's capability to control vessel traffic as a result of the proposed 
dredging project;
    (6) Estimated economic benefits of the project, including:
    (i) Economic contribution to the local and regional area;
    (ii) Induced industrial development;
    (iii) Increased employment; and
    (iv) Increases in tax revenues;
    (7) Environmental and social impact of the project on elements of 
the local and regional community; and
    (8) An estimate of the economic impact that granting a deepwater 
port license will have on the proposed project.
    (e) A statement whether the port seeks a determination that the port 
best serves the national interest.

[[Page 192]]



Sec. 148.217  How can a State be designated as an adjacent coastal State?

    (a) Adjacent coastal States are named in the notice of application 
published in the Federal Register. However, a State not named as an 
adjacent coastal State in the notice may request to be designated as one 
if the environmental risks to it are equal to or greater than the risks 
posed to a State directly connected by pipeline to the proposed 
deepwater port.
    (b) The request must:
    (1) Be submitted in writing to the Commandant (G-M) within 14 days 
after the date of publication of the notice of application in the 
Federal Register;
    (2) Be signed by the Governor of the State;
    (3) List the facts and any available documentation or analyses 
concerning the risk of damage to the coastal environment of the State; 
and
    (4) State why the State believes the risk of damage to its coastal 
environment is equal to or greater than the risk to a State connected by 
a pipeline to the proposed deepwater port.
    (c) Upon receipt of a request, the Commandant (G-M) sends a copy of 
the State's request to the Administrator of the National Oceanic and 
Atmospheric Administration (NOAA) and asks for the Administrator's 
recommendations within an amount of time that will allow the Commandant 
(G-M) 45 days from receipt of the request to determine the matter.
    (d) If after receiving NOAA's recommendations, the Commandant (G-M) 
determines that the State should be considered as an adjacent coastal 
State, the Commandant (G-M) designates it as an adjacent coastal State. 
If the Commandant (G-M) denies the request, the Commandant (G-M) 
notifies the Governor of the requesting State of the denial.



Sec. 148.221  What must I do to make a claim or object to a claim?

    (a) Persons required to furnish information under this part may 
assert a claim of privilege or immunity as grounds for relief from the 
requirement. The claim must be submitted in writing to the Commandant 
(G-M).
    (b) If the claim concerns a document protected from disclosure under 
33 U.S.C. 1513(b), the document must be placed in a sealed envelope with 
the name of the person claiming the protection, the applicant's name, 
the date or anticipated date of the application, and a brief statement 
of the basis of the claim. If a number of documents are involved, they 
must be grouped according to the nature of the claim and both the 
documents and their envelopes must be numbered using a self-explanatory 
numbering system.
    (c) If the claim concerns the attorney-client privilege, the claim 
must identify the communication by date, type, persons making and 
receiving it, and general subject matter. If the required information is 
in a separable part of a communication, such as an attachment to a 
letter, the separate part must be identified the same way as the 
communication. The identification must be filed with the Commandant (G-
M).
    (d) A Federal or State agency, the applicant, an affiliate of the 
applicant, or other interested person may object to a claim. The 
objection must be in writing, must include a brief statement of the 
basis for the objection, and must identify the document to which the 
claim applies.
    (e) Commandant (G-M) determines issues raised by claims filed under 
this section and may specify procedures to be used to resolve the 
issues. Any person may submit recommendations to the Commandant (G-M) as 
to the procedures to be used.
    (f) The presiding officer at any formal or informal hearing may 
allow claims or objections that could be filed under this section to be 
made and may issue a decision or refer the matter to the Commandant (G-
M).
    (g) The filing of a claim under this section, other than a claim 
under paragraph (b) of this section, stays the time for meeting any 
deadline for submitting information related to an issue raised in a 
claim or objection. However, the filing of a claim does not stay the 
periods for processing and reviewing applications, unless the Commandant 
(G-M) determines that compliance with the requirement is material to the 
processing of the application

[[Page 193]]

within the required time. If the Commandant (G-M) determines that the 
information is material, the Commandant (G-M) may suspend the processing 
of the application. The period of suspension is not counted toward the 
time limits in 33 U.S.C. 1503(c)(6), 1504(d)(3), (e)(2), and (g), and 
1508(b)(1).

                             Public Meetings



Sec. 148.222  When must public meetings be held?

    (a) Before a license is issued, at least one public meeting under 33 
U.S.C. 1504(g) must be held in each adjacent coastal State.
    (b) The Commandant (G-M), in coordination with the Administrator of 
the Maritime Administration, shall publish a notice of public meetings 
in the Federal Register and mails or delivers a copy of the notice to 
the applicant, to each adjacent coastal State, and to all who request a 
copy.
    (c) Anyone may attend the public meeting(s) and provide oral or 
written information. The presiding officer may limit the time for 
providing oral information.



Sec. 148.227  How is a public meeting reported?

    (a) After completion of a meeting, the presiding officer forwards a 
report on the hearing to the Commandant (G-M) for docketing.
    (b) The report contains at least:
    (1) An overview of the factual issues addressed;
    (2) A transcript or recording of the meeting; and
    (3) A copy of all material submitted to the presiding officer.
    (c) During the hearing, the presiding officer announces the 
information that the report must contain.

                             Formal Hearings



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

    (a) After all public meetings under 148.222 are concluded, the 
Commandant (G-MSO), in coordination with the Administrator of the 
Maritime Administration, considers whether there are one or more 
specific and material factual issues that may be resolved by a formal 
evidentiary hearing.
    (b) If the Commandant (G-M), in coordination with the Administrator 
of the Maritime Administration, determines that one or more issues under 
paragraph (a) of this section exist, the Coast Guard will hold at least 
one formal evidentiary hearing under 5 U.S.C. 554 in the District of 
Columbia.
    (c) The Commandant (G-MSO) files a request for assignment of an 
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief 
Administrative Law Judge designates an ALJ or other person to conduct 
the hearing.
    (d) The recommended findings and the record developed in a hearing 
under paragraph (b) of this section are considered by the Administrator 
of the Maritime Administration in deciding whether to approve or deny a 
license.



Sec. 148.230  How is notice of a formal hearing given?

    (a) The Commandant (G-M) publishes a notice of the hearing in the 
Federal Register and sends a notice of the hearing to the applicant, to 
each adjacent coastal State, and to each person who requests such a 
notice.
    (b) The notice of the hearing includes the applicant's name, the 
name of the ALJ assigned to conduct the hearing, a list of the factual 
issues to be resolved, the address of the place where documents are to 
be filed, and the address where a copy of the rules of practice, 
procedure, and evidence to be used at the hearing is available.



Sec. 148.232  What are the rules for a formal hearing?

    (a) The Commandant (G-M) determines the rules for each formal 
hearing. Unless otherwise specified in this part, the Commandant (G-M) 
applies the rules of practice, procedure, and evidence in part 20 of 
this chapter.
    (b) The Commandant (G-M) sends a written copy of the procedure to 
the applicant, each person intervening in the proceedings, and each 
person who requests a copy.



Sec. 148.234  What are the limits of an administrative law judge's 
jurisdiction?

    (a) An ALJ's jurisdiction begins upon assignment to a proceeding.

[[Page 194]]

    (b) An ALJ's jurisdiction ends after the recommended findings are 
filed with the Commandant (G-M) or immediately after the ALJ issues a 
notice of withdrawal from the proceeding.



Sec. 148.236  What authority does an administrative law judge have?

    When assigned to a formal hearing, an ALJ may:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas;
    (c) Issue rules of procedure for written evidence;
    (d) Rule on offers of proof and receive evidence;
    (e) Examine witnesses;
    (f) Rule on motions of the parties;
    (g) Suspend or bar an attorney from representing a person in the 
proceeding for unsuitable conduct;
    (h) Exclude any person for disruptive behavior during the hearing;
    (i) Set the hearing schedule;
    (j) Certify questions to the Commandant (G-M);
    (k) Proceed with a scheduled session of the hearing in the absence 
of a party who has failed to appear;
    (l) Extend or shorten a non-statutorily imposed deadline under this 
subpart within the 240 day time limit for the completion of public 
hearings in 33 U.S.C. 1504(g);
    (m) Set deadlines not specified in this subpart or the Act; and
    (n) Take any other action authorized by or consistent with this 
subpart, the Act, or 5 U.S.C. 551-559.



Sec. 148.238  Who are the parties to a formal hearing?

    The parties to a formal hearing are:
    (a) The applicant;
    (b) The Commandant (G-M); and
    (c) Any person intervening in the proceedings.



Sec. 148.240  How does a State or a person intervene in a formal hearing?

    (a) Any person or adjacent coastal State may intervene in a formal 
hearing.
    (b) A person must file a petition of intervention within 10 days 
after notice of the formal hearing is issued. The petition must:
    (1) Be addressed to the ALJ Docketing Center;
    (2) Identify the issues and the petitioner's interest in those 
issues; and
    (3) Designate the name and address of a person who can be served if 
the petition is granted.
    (c) An adjacent coastal State need only file a notice of 
intervention with the ALJ Docketing Center.
    (d) The ALJ has the authority to limit the scope and period of 
intervention during the proceeding.
    (e) If the ALJ denies a petition of intervention, the petitioner may 
file a notice of appeal with the ALJ Docketing Center within 7 days of 
the denial. A brief may be submitted with the notice of appeal. Parties 
who wish to file a brief in support of or against the notice of appeal 
may do so within 7 days of the filing of the notice.
    (f) The Commandant (G-M) will rule on the appeal. The ALJ does not 
have to delay the proceedings for intervention appeals.



Sec. 148.242  How does a person who is not a party to a formal hearing 
present evidence at the hearing?

    (a) For a person who is not a party to a formal hearing to present 
evidence at the hearing, the person must send a petition to present 
evidence to the ALJ Docketing Center before the beginning of the formal 
hearing. The petition must describe the evidence that the person will 
present and show its relevance to the issues listed in the notice of 
formal hearing.
    (b) If a petition is granted, the ruling will specify which evidence 
is approved to be presented at the hearing.



Sec. 148.244  Who must represent the parties at a formal hearing?

    (a) All organizations that are parties to the proceeding must be 
represented by an attorney. Individuals may represent themselves.
    (b) Any attorney representing a party to the proceeding must file a 
notice of appearance according to Sec. 20.301(b) of this chapter.
    (c) Each attorney must be in good standing and licensed to practice 
before a court of the United States or the highest court of any State, 
territory, or possession of the United States.

[[Page 195]]



Sec. 148.246  When is a document considered filed and where must it be 
filed?

    (a) If a document to be filed is submitted by mail, it is considered 
filed on the date it is postmarked. If a document is submitted by hand 
delivery or electronically, it is considered filed on the date received 
by the clerk.
    (b) File all documents and other materials related to an 
administrative proceeding at the U.S. Coast Guard Administrative Law 
Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street, 
Baltimore, MD, 21201-4022.



Sec. 148.248  What happens when a document does not contain all 
necessary information?

    Any document that does not satisfy the requirements in 
Sec. Sec. 20.303 and 20.304 of this chapter will be returned to the 
person who submitted it with a statement of the reasons for denial.



Sec. 148.250  Who must be served before a document is filed?

    Before a document may be filed by any party, it first must be served 
upon:
    (a) All other parties; and
    (b) The Commandant (G-M).



Sec. 148.252  What is the procedure for having a subpoena served?

    (a) A party may submit a request for a subpoena to the ALJ. The 
request must show the relevance and scope of the evidence sought.
    (b) Requests should be submitted sufficiently in advance of the 
hearing so that exhibits and witnesses can be included in the lists 
required by Sec. 20.601 of this chapter but may be submitted later 
before the end of the hearing if good cause is shown for the late 
submission.
    (c) A request for a subpoena must be submitted to the ALJ.
    (d) A proposed subpoena, such as the form in http://
cgweb.comdt.uscg.mil/g-cj/subpoena.doc, must be submitted with the 
request. If you do not use this form, the proposed subpoena must 
contain:
    (1) The docket number of the proceedings;
    (2) The captions ``Department of Homeland Security,'' ``Coast 
Guard,'' and ``Licensing of deepwater port for coastal waters off 
(insert name of the coastal State closest to the proposed deepwater port 
and the docket number of the proceeding)'';
    (3) The name and the address of the office of the ALJ;
    (4) For a subpoena to give testimony, a statement commanding the 
person to whom the subpoena is directed to attend the formal hearing and 
give testimony;
    (5) For a subpoena to produce documentary evidence, a statement 
commanding the person to produce designated documents, books, papers, or 
other tangible things at a designated time or place; and
    (6) An explanation of the procedure in Sec. 20.309(d) of this 
chapter and paragraph (h) of this section for quashing a subpoena.
    (e) The procedure for serving a subpoena must follow rule 45 of the 
Federal Rules of Civil Procedure, unless the ALJ authorizes another 
procedure.
    (f) The witness fees for a subpoenaed witness are the same as the 
fees for witnesses subpoenaed in U.S. District Courts. The person 
requesting the subpoena must pay these fees.
    (g) When serving a subpoena, a party must include witness fees in 
the form of a check to the individual or organization for one day plus 
mileage or, in the case of a government-issued subpoena, a form SF-1157 
for reimbursement for witness fees and mileage.
    (h) Any person served with a subpoena has 10 days from the time of 
service to move to quash the subpoena.
    (i) If a person does not comply with a subpoena, the ALJ decides 
whether judicial enforcement of the subpoena is necessary. If the ALJ 
decides it is, the Commandant (G-M) reviews this decision.



Sec. 148.254  How is a transcript of the hearing prepared?

    (a) Under the supervision of the ALJ, the reporter prepares a 
verbatim transcript of the hearing. Nothing may be deleted from the 
transcript, unless ordered by the ALJ and noted in the transcript.
    (b) After a formal hearing is completed, the ALJ certifies and 
forwards

[[Page 196]]

the record, including the transcript, to the clerk to be placed into the 
docket.
    (c) At any time within the 20 days after the record is docketed, the 
ALJ may make corrections to the certified transcript. When corrections 
are filed, they are attached as appendices.
    (d) Any motion to correct the record must be submitted within 10 
days after the record is docketed.



Sec. 148.256  What happens at the conclusion of a formal hearing?

    After closing the record of a formal hearing, the ALJ prepares a 
recommended finding on the issues that were the subject of the hearing. 
The ALJ submits that finding to the Commandant (G-M).

                  Approval or Denial of the Application



Sec. 148.276  When must the application be approved or denied?

    (a) In 33 U.S.C. 1504, the Deepwater Port Act provides strict 
timelines for action on a license application, which if closely observed 
can lead to action in just under 1 year. The Coast Guard can recommend 
that MARAD suspend the process if an applicant fails to provide timely 
information or requests additional time to comply with a request.
    (b) The Coast Guard must conduct public hearings in each adjacent 
Coastal State within 240 days of publication of the notice of receipt of 
a deepwater port application.
    (c) An application must be approved or denied within 90 days after 
the close of the public hearing period specified in paragraph (b) of 
this section.



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

    (a) Under Sec. 148.209, Federal agencies and adjacent coastal 
States are sent copies of the application. The agencies and States are 
encouraged to begin submitting their comments at that time.
    (b) To be considered, comments from Federal agencies and adjacent 
coastal States must be received by the Commandant (G-M) within 45 days 
after the close of the public hearing period specified in Sec. 
148.276(b). Separate comment periods will apply to the review of 
documents created during the NEPA process. Both Commandant (G-M) and 
MARAD review the comments received.
    (c) Comments should identify problems, if any, and suggest possible 
solutions.



Sec. 148.279  What are the criteria for approval or denial of an 
application?

    The criteria for approving or denying a license application appear 
in 33 U.S.C. 1503.



Sec. 148.281  What happens when more than one application is submitted 
for an oil deepwater port for the same application area?

    (a) When more than one application is submitted for an oil deepwater 
port for the same application area under 33 U.S.C. 1504(d), only one 
application is approved. Except as provided in paragraph (b) of this 
section, applicants receive priority in the following order:
    (1) An adjacent coastal State (or combination of States), political 
subdivision of the State, or an agency or instrumentality, including a 
wholly owned corporation of the State;
    (2) A person that is:
    (i) Not engaged in producing, refining, or marketing oil;
    (ii) Not an affiliate of a person engaged in producing, refining, or 
marketing oil; or
    (iii) Not an affiliate of an affiliate of a person engaged in 
producing, refining, or marketing oil; and then
    (3) Any other applicant.
    (b) MARAD may also approve one of the proposed deepwater ports if it 
determines that that port will best serve the national interest. In 
making this determination, MARAD considers:
    (1) The degree to which each deepwater port will affect the 
environment, as determined under the review criteria in subpart G to 
this part;
    (2) The differences between the anticipated completion dates of the 
deepwater ports; and
    (3) The differences in costs for construction and operation of the 
ports that would be passed on to consumers of oil.
    (c) This section does not apply to applications for natural gas 
deepwater ports.

[[Page 197]]



Sec. 148.283  When is the application process stopped before the 
application is approved or denied?

    The Commandant (G-M) recommends to MARAD that the application 
process be suspended before the application is approved or denied if:
    (a) All applications are withdrawn before MARAD approves one of 
them; or
    (b) There is only one application; it is incomplete, and the 
applicant does not respond to a request by the Commandant (G-M) for 
further information, as per Sec. 148.107.



                           Subpart D_Licenses



Sec. 148.300  What does this subpart concern?

    This subpart concerns the license for a deepwater port and the 
procedures for transferring, amending, suspending, reinstating, 
revoking, and enforcing a license.



Sec. 148.305  What is included in a deepwater port license?

    A deepwater port license contains information about the licensee and 
the port, and conditions of operation that are set by MARAD. Licenses 
are issued in conformance with the Deepwater Ports Act of 1974, as 
amended, and with rules and policies of MARAD that implement that Act.



Sec. 148.307  Who may consult with the Commandant (G-M) on developing 
the conditions of a license?

    Federal agencies, the adjacent coastal States, and the owner of the 
deepwater port may consult with the Commandant (G-M) on the conditions 
of the license being developed under 33 U.S.C. 1503(e).



Sec. 148.310  How long does a license last?

    Each license remains in effect indefinitely unless:
    (a) It is suspended or revoked by MARAD; or
    (b) It is surrendered by the owner.



Sec. 148.315  How is a license amended, transferred, or reinstated?

    (a) MARAD may amend, transfer, or reinstate a license if it finds 
that the amendment, transfer, or reinstatement is consistent with the 
requirements of the Act and this subchapter.
    (b) The owner must submit a request for an amendment, transfer, or 
reinstatement to the Commandant (G-M).



Sec. 148.320  How is a license enforced, suspended, or revoked?

    MARAD may enforce, suspend, or revoke a license under 33 U.S.C. 
1507(c).



         Subpart E_Site Evaluation and Pre-Construction Testing



Sec. 148.400  What does this subpart do?

    (a) This subpart prescribes requirements under 33 U.S.C. 1504(b) for 
the activities that are involved in site evaluation and pre-construction 
testing at potential locations for deepwater ports and that may:
    (1) Adversely affect the environment;
    (2) Interfere with authorized uses of the Outer Continental Shelf; 
or
    (3) Pose a threat to human health and welfare.
    (b) For the purpose of this subpart, ``site evaluation and pre-
construction testing'' means studies performed at potential deepwater 
port locations, including:
    (1) Preliminary studies to determine the feasibility of a site;
    (2) Detailed studies of the topographic and geologic structure of 
the ocean bottom to determine its ability to support offshore structures 
and other equipment; and
    (3) Studies done for the preparation of the environmental analysis 
required under Sec. 148.105.



Sec. 148.405  What are the procedures for notifying the Commandant 
(G-M) of proposed site evaluation and pre-construction testing?

    (a) Any person who wants to conduct site evaluation and pre-
construction testing at a potential site for a deepwater port must 
submit a written notice to the Commandant (G-M) at least 30 days before 
the beginning of the evaluation or testing. The Commandant (G-M) advises 
and coordinates with appropriate Federal agencies and the States 
concerning activities covered by this subpart.
    (b) The written notice must include the following:

[[Page 198]]

    (1) The names of all parties participating in the site evaluation 
and pre-construction testing;
    (2) The type of activities and the way they will be conducted;
    (3) Charts showing where the activities will be conducted and the 
locations of all offshore structures, including pipelines and cables, in 
or near the proposed area;
    (4) The specific purpose for the activities;
    (5) The dates when the activities will begin and end;
    (6) The available data on the environmental consequences of the 
activities;
    (7) A preliminary report, based on existing data, of the historic 
and archeological significance of the area where the proposed activities 
are to take place. A report of each contact made with any appropriate 
State liaison officer for historic preservation must be included; and
    (8) Additional information, if necessary, in individual cases.
    (c) For the following activities, the notice need have only the 
information required in paragraphs (b)(1), (b)(2), and (b)(5) of this 
section, as well as a general indication of the proposed location and 
purpose of the activities:
    (1) Gravity and magneto-metric measurements;
    (2) Bottom and sub-bottom acoustic profiling without the use of 
explosives;
    (3) Sediment sampling of a limited nature using either core or grab 
samplers, if geological profiles indicate no discontinuities that may 
have archeological significance;
    (4) Water and biotic sampling, if the sampling does not adversely 
affect shellfish beds, marine mammals, or an endangered species, or if 
the sampling is permitted by another Federal agency;
    (5) Meteorological measurements, including the setting of 
instruments;
    (6) Hydrographic and oceanographic measurements, including the 
setting of instruments; and
    (7) Small diameter core sampling to determine foundation conditions.
    (d) A separate written notice is required for each site.



Sec. 148.410  What are the conditions for conducting site evaluation 
and pre-construction testing?

    (a) No persons may conduct site evaluation and pre-construction 
testing unless they comply with this subpart and other applicable laws.
    (b) Measures must be taken to prevent or minimize the effect of 
activities under 148.400(a).



Sec. 148.415  When conducting site evaluation and pre-construction 
testing, what must be reported?

    (a) When conducting site evaluation or pre-construction testing, the 
following must be immediately reported by any means to the Commandant 
(G-M):
    (1) Any evidence of objects of cultural, historical, or 
archeological significance;
    (2) Any adverse effect on the environment;
    (3) Any interference with authorized uses of the Outer Continental 
Shelf;
    (4) Any threat to human health and welfare; and
    (5) Any adverse effect on an object of cultural, historical, or 
archeological significance.
    (b) Within 120 days after the site evaluation or pre-construction 
testing, a final written report must be submitted to the Commandant (G-
M) that contains:
    (1) A narrative description of the activities performed;
    (2) A chart, map, or plat of the area where the activities occurred;
    (3) The dates that the activities were performed;
    (4) Information on the adverse effects of items reported under 
paragraph (a) of this section;
    (5) Data on the historical or archeological significance of the area 
where the activities were conducted, including a report by an underwater 
archeologist; and
    (6) Any additional information required by the Commandant (G-M) on a 
case-by-case basis.



Sec. 148.420  When may the Commandant (G-M) suspend or prohibit site 
evaluation or pre-construction testing?

    (a) The Commandant (G-M) may order, either in writing or orally with

[[Page 199]]

written confirmation, the prohibition or immediate suspension of any 
activity related to site evaluation or pre-construction testing, when 
the activity threatens harm to:
    (1) Human life;
    (2) Biota;
    (3) Property;
    (4) Cultural resources;
    (5) Any valuable mineral deposits; or
    (6) The environment.
    (b) The Commandant (G-M) will consult with the applicant on measures 
to remove the cause for suspension.
    (c) The Commandant (G-M) may lift a suspension after the applicant 
assures the Commandant (G-M) that the activity will no longer cause the 
threat on which the suspension was based.



    Subpart F_Exemption From or Adjustments to Requirements in This 
                               Subchapter



Sec. 148.500  What does this subpart do?

    This subpart provides procedures for requesting an exemption from a 
requirement in this subchapter. Commandant (G-M) and MARAD coordinate in 
evaluating requests for exemption from the requirements in this 
subchapter.



Sec. 148.505  How do I apply for an exemption?

    (a) Any person required to comply with a requirement in this 
subchapter may submit a petition for exemption from that requirement.
    (b) The petition must be submitted in writing to the Commandant (G-
M).
    (c) The Commandant (G-M) may require the petition to provide an 
alternative to the requirement.



Sec. 148.510  What happens when a petition for exemption involves the 
interests of an adjacent coastal State?

    If the petition for exemption concerns an adjacent coastal State, 
the Commandant (G-M) forwards the petition to the Governor of the State 
for the Governor's recommendation.



Sec. 148.515  When is an exemption allowed?

    The Commandant (G-M) may recommend that MARAD allow an exemption if 
he or she determines that:
    (a) Compliance with the requirement would be contrary to public 
interest;
    (b) Compliance with the requirement would not enhance safety or the 
health of the environment;
    (c) Compliance with the requirement is not practical because of 
local conditions or because the materials or personnel needed for 
compliance are unavailable;
    (d) National security or national economy justifies a departure from 
the rules; or
    (e) The alternative, if any, proposed in the petition would:
    (1) Ensure comparable or greater safety, protection of the 
environment, and quality of construction, maintenance, and operation of 
the deepwater port; and
    (2) Be consistent with recognized principles of international law.



Sec. 148.600  What is the limit of financial liability?

    The financial limit for liability for deepwater ports is set in 
accordance with section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
2704).



Sec. 148.605  How is the limit of liability determined?

    (a) The Coast Guard may lower the $350,000,000 limit of liability 
for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph 
(d) of that section.
    (b) Requests to adjust the limit of liability for a deepwater port 
must be submitted to Commandant (G-M). Adjustments are established by a 
rulemaking that may take place concurrently with the processing of the 
deepwater port license application.

[[Page 200]]



       Subpart G_Environmental Review Criteria for Deepwater Ports



Sec. 148.700  How does the Deepwater Port Act interact with other 
Federal and State laws?

    Nothing in this subpart supersedes any Federal, tribal, or State 
requirements for the protection of the environment. The applicant must 
prepare and submit applications to each respective agency that requires 
a permit or license to operate the port. A list of Federal and State 
agencies that require certification includes but is not limited to the 
Environmental Protection Agency (for clean air and clean water permits), 
the Research and Special Programs Administration (Office of Pipeline 
Safety) or the Mineral Management Service (or both) for pipeline 
approvals, and the appropriate state environmental agency.



Sec. 148.702  How were the environmental review criteria developed?

    Under 33 U.S.C. 1505, the Commandant (G-M) must establish 
environmental review criteria for use in evaluating a proposed deepwater 
port. In developing these criteria, the Coast Guard considered the 
requirements for compliance with Federal and state mandates for the 
protection of the environment contained in, but not limited to, such 
guidance as published by:
    (a) The Council on Environmental Quality (40 CFR parts 1500-1508);
    (b) Department of Transportation (DOT) Order 5610.10C (Procedures 
for Considering Environmental Impacts); and
    (c) U.S. Coast Guard Instruction M16475.1D (National Environmental 
Policy Act Implementing Procedures and Policy for Considering 
Environmental Impacts).



Sec. 148.705  What is determined by the environmental evaluation?

    (a) The environmental criteria to be used in evaluating a license 
application are established by general consensus of expertise, 
scientific opinion, public interest, and institutional requirements, 
such as laws and regulations established for the protection of the 
environment. Criteria that may be established in future environmental 
regulations or other requirements to protect the environment will also 
be used.
    (b) The environmental criteria to be used in evaluating a license 
application are applied to all relevant aspects of:
    (1) The fabrication, construction, operation, and decommissioning 
phases of a deepwater port;
    (2) The operations of the vessels that serve the port;
    (3) The port's servicing and support activities;
    (4) Shore based construction and fabrication sites;
    (5) Shore side supporting facilities (if appropriate) for the 
proposed location; and
    (6) The No Action alternative and other reasonable alternatives.
    (c) The criteria are also applied in a manner that takes into 
account the cumulative effects of other reasonably foreseeable actions 
as outlined in Sec. 148.708.



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

    The license application will be reviewed for the deepwater port's 
effects on the environment and for the environment's effects on the port 
and any of its shore side support facilities. The environmental 
evaluation will be applied to the phases of construction, operation, and 
decommissioning of the proposed location and at least one alternative 
site. The evaluation will determine:
    (a) The effect on the environment including but not limited to 
impacts on endangered species; essential fish habitat; marine 
sanctuaries; archaeological, cultural and historic sites; water; air; 
coastal zone management; coastal barrier resources; wetlands; and 
floodplains;
    (b) The effect on oceanographic currents and wave patterns;
    (c) The potential risks to a deepwater port from waves, winds, 
weather, and geological conditions and the steps that can be taken to 
protect against or minimize these dangers; and
    (d) The effect on human health and welfare, including socioeconomic 
impacts, environmental justice and protection of children from 
environmental health and safety risks.

[[Page 201]]



Sec. 148.708  Must the applicant's proposal reflect potential regulations?

    Although a regulation is of no effect until it has been officially 
promulgated, to minimize the subsequent impact that potential 
regulations may have on a licensee, an applicant can and should reflect 
reasonably foreseeable environmental regulations in planning, operating, 
and decommissioning a deepwater port.



Sec. 148.709  How are these criteria reviewed and revised?

    The Commandant (G-M) periodically reviews and may revise these 
criteria. Reviews and revisions are conducted in accordance with 148.700 
of this subpart. The criteria established are consistent with the 
National Environmental Policy Act (42 U.S.C. 4321-4347).



Sec. 148.710  What environmental conditions must be satisfied?

    (a) MARAD may issue a license to construct a deepwater port under 
the Act, with or without conditions, if certain specified conditions are 
met. The relevant environmental considerations include, but are not 
limited to the following:
    (1) Construction and operation of the deepwater port will be in the 
national interest and consistent with national security and other 
national policy goals and objectives, including energy sufficiency, 
environmental quality, and protection from the threat of terrorist 
attack and other subversive activity against persons and property on the 
port and the vessels and crews calling at the port; and
    (2) Under the environmental review criteria in Sec. 148.707 of this 
subpart, the applicant has demonstrated that the deepwater port will be 
fabricated, constructed, operated, and decommissioned using the best 
available technology to prevent or minimize adverse impact on the 
environment (33 U.S.C. 1503(c)(3) and 1504).
    (b) Under 33 U.S.C. 1504(f), these criteria must be considered in 
the preparation of a single, detailed environmental impact statement or 
environmental assessment for all timely applications covering a single 
application area. Additionally, 33 U.S.C. 1504(i)(3) specifies that, if 
more than one application is submitted for an ``application area'' (as 
defined in 33 U.S.C. 1504(d)(2)), the criteria must be used, among other 
factors, in determining whether any one proposed deepwater port clearly 
best serves the national interest.



Sec. 148.715  How is an environmental review conducted?

    The environmental review of a proposed deepwater port and reasonable 
alternatives consists of Federal, tribal, state, and public review of 
the following two parts:
    (a) An evaluation of the proposal's completeness of environmental 
information and quality of assessment, probable environmental impacts, 
and identification of procedures or technology that might prevent or 
minimize probable adverse environmental impacts; and
    (b) An evaluation of the effort made under the proposal to prevent 
or minimize its probable environmental impacts. This evaluation will 
assess the applicant's consideration of the criteria in Sec. Sec. 
148.720 through 148.740 of this subpart.



Sec. 148.720  What are the siting criteria?

    In accordance with Sec. 148.715(b), the proposed and alternative 
sites for the deepwater port will be evaluated on the basis of how well 
each:
    (a) Optimizes location to prevent or minimize detrimental 
environmental effects;
    (b) Minimizes the space needed for safe and efficient operation;
    (c) Locates offshore components in areas with stable sea-bottom 
characteristics;
    (d) Locates onshore components where stable foundations can be 
developed;
    (e) Minimizes the potential for interference with its safe operation 
from existing offshore structures and activities;
    (f) Minimizes the danger posed to safe navigation by surrounding 
water depths and currents;
    (g) Avoids extensive dredging or removal of natural obstacles such 
as reefs;
    (h) Minimizes the danger to the port, its components, and tankers 
calling at

[[Page 202]]

the port from storms, earthquakes, or other natural hazards;
    (i) Maximizes the permitted use of existing work areas, facilities, 
and access routes;
    (j) Minimizes the environmental impact of temporary work areas, 
facilities, and access routes;
    (k) Maximizes the distance between the port and its components and 
critical habitats including commercial and sport fisheries, threatened 
or endangered species habitats, wetlands, floodplains, coastal 
resources, marine management areas, and essential fish habitats;
    (l) Minimizes the displacement of existing or potential mining, oil 
or gas production or transportation uses;
    (m) Takes advantage of areas already allocated for similar use, 
without overusing such areas;
    (n) Avoids permanent interference with natural processes or features 
that are important to natural currents and wave patterns; and
    (o) Avoids dredging in areas where sediments contain high levels of 
heavy metals, biocides, oil or other pollutants or hazardous materials 
and in areas designated wetlands or other protected coastal resources.



Sec. 148.722  Should the construction plan incorporate best available 
technology and recommended industry practices?

    Each applicant must submit a proposed construction plan. It must 
incorporate best available technology and recommended industry practices 
as directed in 148.730.



Sec. 148.725  What are the design, construction and operational criteria?

    In accordance with 148.720(b), the deepwater port proposal and 
reasonable alternatives will be evaluated on the basis of how well they:
    (a) Reflect the use of best available technology in design, 
construction procedures, operations, and decommissioning;
    (b) Include safeguards, backup systems, procedures, and response 
plans to minimize the possibility and consequences of pollution 
incidents such as spills and discharges, while permitting safe operation 
with appropriate safety margins under maximum operating loads and the 
most adverse operating conditions;
    (c) Provide for safe, legal, and environmentally sound waste 
disposal, resource recovery, affected area reclamation, and enhanced use 
of spoil and waste;
    (d) Avoid permanent interference with natural processes or features 
that are important to natural currents and wave patterns;
    (e) Avoid groundwater drawdown or saltwater intrusion, and minimizes 
mixing salt, fresh, and brackish waters;
    (f) Avoid disrupting natural sheet flow, water flow, and drainage 
patterns or systems;
    (g) Avoid interference with biotic populations, especially breeding 
habitats or migration routes;
    (h) Maximize use of existing facilities;
    (i) Provide personnel trained in oil spill prevention at critical 
locations identified in the accident analysis;
    (j) Provide personnel trained in oil spill mitigation; and
    (k) Plan for safe and effective removal of the deepwater port in the 
event of its decommissioning.



Sec. 148.730  What are the land use and coastal zone management criteria?

    In accordance with Sec. 148.715(b), the deepwater port proposal and 
reasonable alternatives will be evaluated on the basis of how well they:
    (a) Accord with existing and planned land use, including management 
of the coastal region, for which purpose the proposal must be 
accompanied by a consistency determination from appropriate state 
agencies;
    (b) Adhere to proposed local and State master plans;
    (c) Minimize the need for special exceptions, zoning variances, or 
non-conforming uses;
    (d) Plan floodplain uses in ways that will minimize wetlands loss, 
flood damage, the need for Federally-funded flood protection or flood 
relief, or any decrease in the public value of the floodplain as an 
environmental resource; and
    (e) Avoid permanent alteration or harm to wetlands and take positive 
steps to minimize adverse effects on wetlands.

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Sec. 148.735  What are other critical criteria that must be evaluated?

    In accordance with Sec. 148.715(b), the deepwater port proposal and 
reasonable alternatives will be evaluated on the basis of how well they:
    (a) Avoid detrimental effects on human health and safety;
    (b) Pose no compromise to national security;
    (c) Account for the historic, archeological, and cultural 
significance of the area, including any potential requirements for 
historical preservation;
    (d) Minimize harmful impacts to minorities and children; and
    (e) Plan for serious consideration of the proposal that offers the 
least potential for environmental harm to the region or potential 
mitigation actions, when conflict exists between two or more proposed 
uses for a site.



Sec. 148.737  What environmental statutes must an applicant follow?

    (a) In constructing and operating a deepwater port, the port must 
comply with all applicable Federal, State, and tribal environmental 
statutes. A list of the applicable Federal statutes includes but is not 
limited to: Abandoned Shipwreck Act (ASA), 43 U.S.C. 2102, et seq.; 
American Indian Religious Freedom Act (AIRFA), 42 U.S.C. 1996, et seq.; 
Antiquities Act, 16 U.S.C. 433, et seq.; Archeological and Historic 
Preservation Act (AHPA), 16 U.S.C. 469; Archeological Resources 
Protection Act (AHPA), 16 U.S.C. 470 aa-ll, et seq.; Architectural 
Barriers Act, 42 U.S.C. 4151, et seq.; Clean Air Act (CAA), Pub.L. 95-
95, 42 U.S.C. 7401, et seq.; Clean Water Act of 1977 (CWA), Pub.L. 95-
217, 33 U.S.C. 1251, et seq.; Coastal Barrier Resources Act (CBRA), 
Pub.L. 97-348, 16 U.S.C. 3510, et seq.; Coastal Zone Management Act 
(CZMA), Pub.L. 92-583, 16 U.S.C. 1451, et seq.; Community Environmental 
Response Facilitation Act (CERFA), 42 U.S.C. 9620, et seq.; 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (CERCLA), also commonly referred to as SUPERFUND, Pub.L. 96-510, 26 
U.S.C. 4611, et seq.; Consultation and Coordination With Indian Tribal 
Governments, E.O. 13175, 65 FR 67249; Coral Reef Protection, E.O. 13089, 
63 FR 32701; Department of Transportation Act, Section 4(f), Pub.L. 89-
670, 49 U.S.C. 303, Section 4(f), et seq.; Emergency Planning and 
Community Right-to-Know Act, 42 U.S.C. 11001-11050, et seq.; Endangered 
Species Act of 1973 (ESA), Pub.L. 93-205, 16 U.S.C. 1531, et seq.; 
Energy Efficiency and Water Conservation at Federal Facilities, E.O. 
12902, 59 FR 11463; Environmental Effects Abroad of Major Federal 
Agencies, E.O. 12114, 44 FR 1957; Environmental Quality Improvement Act, 
Pub.L. 98-581, 42 U.S.C. 4371, et seq.; Farmlands Protection Policy Act, 
Pub.L. 97-98, 7 U.S.C. 4201, et seq.; Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, E.O. 12898, 59 FR 7629; Federal Compliance with Pollution 
Control Standards, E.O. 12088, 43 FR 47707; Federal Insecticide, 
Fungicide, and Rodenticide Act, Pub.L. 86-139, 7 U.S.C. 135, et seq.; 
Federal Records Act (FRA), 44 U.S.C. 2101-3324, et seq.; Federalism, 
E.O. 13083, Fish and Wildlife Act of 1956, Pub.L. 85-888, 16 U.S.C. 742, 
et seq.; Fish and Wildlife Coordination Act, Pub.L. 85-624, 16 U.S.C. 
661, et seq.; Fisheries Conservation and Recovery Act of 1976, Pub.L. 
94-265, 16 U.S.C. 1801, et seq.; Flood Disaster Protection Act, 42 
U.S.C. 4001, et seq.; Floodplain Management and Protection, E.O. 11988, 
42 FR 26951; Greening the Government Through Leadership in Environmental 
Management, E.O. 13148, 65 FR 24595; Greening the Government Through 
Waste Prevention, Recycling, and Federal Acquisition, E.O. 13101, 63 FR 
49643; Historic Sites Act, 16 U.S.C. 46, et seq.; Indian Sacred Sites, 
E.O. 13007, 61 FR 26771; Intergovernmental Review of Federal Programs, 
E.O. 12372, 47 FR 30959; Invasive Species, E.O. 13112, 64 FR 6183; 
Locating Federal Facilities on Historic Properties in our Nation's 
Central Cities, E.O. 13006, 61 FR 26071; Magnuson-Stevens Fishery 
Conservation and Management Act as amended through October 11, 1996, 16 
U.S.C. 1801, et seq.; Marine Mammal Protection Act of 1972 (MMPA), 
Pub.L. 92-522, 16 U.S.C. 1361; Marine Protected Areas, E.O. 13158, 65 FR 
24909; Marine Protection, Research, and Sanctuaries Act of 1972, Pub.L. 
92-532, 16 U.S.C. 1431, et seq. and 33 U.S.C. 1401, et seq.; Migratory 
Bird Treaty Act, 16 U.S.C. 703-712, et seq.; National Environmental

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Policy Act of 1969 (NEPA), Pub.L. 91-190, 42 U.S.C. 4321, et seq.; 
National Historic Preservation Act of 1996 (NHPA), Pub.L. 89-665, 16 
U.S.C. 470, et seq.; Native American Graves Protection and Repatriation 
Act (NAGPRA), 25 U.S.C. 3001, et seq.; Noise Control Act of 1972, Pub.L. 
92-574, 42 U.S.C. 4901, et seq.; Pollution Prevention Act of 1990 (PPA), 
42 U.S.C. 13101-13109, et seq.; Protection and Enhancement of Cultural 
Environmental Quality, E.O. 11593, 36 FR 8921; Protection and 
Enhancement of Environmental Quality, E.O. 11514, 35 FR 4247; Protection 
of Children from Environmental Health and Safety Risks, E.O. 13045, 62 
FR 19885; Protection of Wetlands, E.O. 11990, 42 FR 26961; Recreational 
Fisheries, E.O. 12962, 60 FR 307695; Requiring Agencies to Purchase 
Energy Efficient Computer Equipment, E.O. 12845, 58 FR 21887; Resource 
Conservation and Recovery Act of 1976 (RCRA), Pub.L. 94-580, 42 U.S.C. 
6901, et seq.; Responsibilities of Federal Agencies to Protect Migratory 
Birds, E.O. 13186, 66 FR 3853; Safe Drinking Water Act (SDWA), Pub.L. 
93-523, 42, U.S.C. 201, et seq.; Toxic Substances Control Act (TSCA), 7 
U.S.C. 136, et seq.; and Wild and Scenic Rivers Act, Pub.L. 90-542, 16 
U.S.C. 1271, et seq.
    (b) In addition, the port must comply with the applicable NEPA 
requirements for preparation of a single, detailed environmental study.



PART 149_DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT--Table 
of Contents




                            Subpart A_General

Sec.
149.1 What does this part do?
149.5 What definitions apply to this part?
149.10 Where can I obtain a list of Coast Guard approved equipment?
149.15 What is the process for submitting alterations and modifications 
          affecting the design and construction of a deepwater port?

                Subpart B_Pollution Prevention Equipment

149.100 What does this subpart do?
149.103 What are the requirements for discharge containment and removal 
          material and equipment?
149.105 What are the requirements for the overflow and relief valves?
149.110 What are the requirements for pipeline end manifold shutoff 
          valves?
149.115 What are the requirements for blank flange and shutoff valves?
149.120 What are the requirements for manually operated shutoff valves?
149.125 What are the requirements for the malfunction detection system?
149.130 What are the requirements for the cargo transfer system alarm?
149.135 What should be marked on the cargo transfer system alarm switch?
149.140 What communications equipment must be on a deepwater port?
149.145 What are the requirements for curbs, gutters, drains, and 
          reservoirs?

                     Subpart C_Lifesaving Equipment

149.300 What does this subpart do?

                   Manned Deepwater Port Requirements

149.301 What are the requirements for lifesaving equipment?
149.302 What are the requirements when lifesaving equipment is repaired 
          or replaced?
149.303 What survival craft and rescue boats may be used on a manned 
          deepwater port?
149.304 What type and how many survival craft and rescue boats must a 
          manned deepwater port have?
149.305 What are the survival craft requirements for temporary 
          personnel?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats?
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuation systems?
149.310 What are muster and embarkation requirements for survival 
          crafts?
149.311 What are the launching and recovery requirements for lifeboats?
149.312 What are the launching equipment requirements for inflatable 
          liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements for rescue boats?
149.315 What embarkation, launching, and recovery arrangements must 
          rescue boats meet?
149.316 What are the requirements for lifejackets?
149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?
149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring lifebuoys?

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149.321 How many ring lifebuoys must be on each deepwater port?
149.322 Where must ring lifebuoys be located and how must they be 
          stowed?
149.323 What are the requirements for first aid kits?
149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be on a manned 
          deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vests and anti-
          exposure suits?
149.328 How must work vests and anti-exposure (deck) suits be stowed?
149.329 How must work vests and deck suits be marked?
149.330 When may a work vest or deck suit be substituted for a 
          lifejacket?
149.331 What are the requirements for hybrid personal flotation devices?
149.332 What are the requirements for inflatable lifejackets?
149.333 What are the marking requirements for lifesaving equipment?

                  Unmanned Deepwater Port Requirements

149.334 Who must ensure compliance with the requirements for unmanned 
          deepwater ports?
149.335 When are people prohibited from being on a unmanned deepwater 
          port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring lifebuoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for a previously approved lifesaving 
          equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipment that is not 
          required by this subchapter?

          Subpart D_Firefighting and Fire-Protection Equipment

149.400 What does this subpart apply to?
149.401 What are the general requirements for firefighting and fire-
          protection equipment?
149.402 What equipment must be approved by the Coast Guard?
149.403 Use of alternate firefighting, fire prevention equipment, or 
          procedures.

                        Firefighting Requirements

149.404 Can I use firefighting equipment for which there is no Coast 
          Guard standard?
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fire extinguisher?
149.407 Must fire extinguishers be on the deepwater port at all times?
149.408 What are the maintenance requirements for a fire extinguisher?
149.409 How many fire extinguishers are needed?
149.410 Where must a portable or semi-portable fire extinguisher be 
          located?
149.411 What are the requirements for fireman's outfits?
149.412 How many fire axes are needed?
149.413 On a manned deepwater port, what spaces require a fixed fire-
          extinguishing system?
149.414 What are the requirements for a fire-detection and alarm system?
149.415 What are the requirements for a fire-main on a manned deepwater 
          port?
149.416 What are the requirements for fire pumps?
149.417 What are the requirements for fire hydrants?
149.418 What are the requirements for fire hoses and fire nozzles?
149.419 What are the requirements for a dry chemical fire-suppression 
          system?
149.420 What firefighting equipment must a helicopter landing deck on a 
          manned deepwater port have?
149.421 What fire-protection system must a helicopter fueling facility 
          have?
149.422 Can the water supply for the helicopter deck fire-protection 
          system be part of a firewater system?
149.423 What are the fire-protection requirements for escape routes?
149.424 What is the requirement for a previously approved fire-detection 
          and alarm system on a deepwater port?

                      Subpart E_Aids to Navigation

                                 General

149.500 What does this subpart do?
149.505 What are the general requirements for aids to navigation?
149.510 Permission to establish an aid to navigation.

                                 Lights

149.520 What are the general lighting requirements?

                           Lights on Platforms

149.535 What are the requirements for rotating beacons on platforms?

                  Lights on Single Point Moorings (SPM)

149.540 What are the requirements for obstruction lights on an SPM?

                     Lights on Floating Hose Strings

149.550 What are the requirements for lights on a floating hose string?

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              Lights on Buoys Used To Define Traffic Lanes

149.560 How must buoys used to define traffic lanes be marked and 
          lighted?
149.565 What are the required characteristics and intensity of lights on 
          buoys used to define traffic lanes?

                              Miscellaneous

149.570 How is a platform, SPM, or STL identified?
149.575 How must objects protruding from the water, other than platforms 
          and SPMs, be marked?
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?

                     Subpart F_Design and Equipment

                                 General

149.600 What does this subpart do?
149.610 What must the District Commander be notified of and when?
149.615 What construction drawings and specifications are required?
149.620 What happens when the Commandant (G-M) reviews and evaluates the 
          construction drawings and specifications?
149.625 What are the design standards?

                       Structural Fire-Protection

149.640 What are the requirements for systems fire-protection?
149.641 What are the requirements for structural fire-protection for 
          deepwater ports in accommodation spaces and modules?

                          Single Point Moorings

149.650 What are the requirements for single point moorings and their 
          attached hoses?

                      Helicopter Fueling Facilities

149.655 What are the requirements for helicopter fueling facilities?

                             Emergency Power

149.660 What are the requirements for emergency power?

                          General Alarm System

149.665 What are the requirements for a general alarm system?
149.670 What are the requirements for marking a general alarm system?

                          Public Address System

149.675 What are the requirements for the public address system?

                         Medical Treatment Rooms

149.680 What are the requirements for medical treatment rooms?
149.685 May a medical treatment room be used for other purposes?

                              Miscellaneous

149.690 What are the requirements for means of escape, personnel 
          landings, guardrails, and similar devices and for noise 
          limits?

                             Means of Escape

149.691 What means of escape are required?
149.692 Where must they be located?

                           Personnel Landings

149.693 What are the requirements for personnel landings on manned 
          deepwater ports?

                     Guardrails and Similar Devices

149.694 What are the requirements for catwalks, floors, and openings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landing deck safety 
          net?

                              Noise Limits

149.697 What are the requirements for a noise level survey?

                             Portable Lights

149.700 What kind of portable lights may be used on a deepwater port?

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

    Source: USCG-1998-3884, 69 FR 748, Jan. 6, 2004; 69 FR 3836, Jan. 
27, 2004, unless otherwise noted.

    Effective Date Note: By USCG-1998-3884, 69 FR 746, Jan. 6, 2004, 
subchapter NN, consisting of parts 148, 149, and 150, was revised, 
effective Jan. 6, 2004 until Oct. 1, 2006.



                            Subpart A_General



Sec. 149.1  What does this part do?

    This part provides requirements for the design and construction of 
deepwater ports. It also provides the requirements for equipment for 
deepwater ports.



Sec. 149.5  What definitions apply to this part?

    Definitions applicable to this part appear in 33 CFR 148.5. In 
addition, the

[[Page 207]]

following terms are used in this part and have the indicated meanings:
    Accommodation module means a module with one or more accommodation 
spaces that is individually contracted for and may be used on one or 
more facilities.
    Major conversion means a conversion, as determined by the Commandant 
(G-M), that substantially changes the dimensions of a facility, 
substantially changes the water depth capability of a fixed facility, 
substantially changes the carrying capacity of a floating facility, 
changes the type of a facility, substantially prolongs the life of a 
facility, or otherwise so changes the facility that it is essentially a 
new facility.
    Service space means a space used for a galley, pantry containing 
cooking appliances, storeroom, or workshop other than those in 
industrial areas and trunks to those spaces.
    Sleeping space means a space provided with bunks for sleeping.



Sec. 149.10  Where can I obtain a list of Coast Guard approved equipment?

    Where equipment in this subchapter must be of an approved type, the 
equipment must be specifically approved by the Commandant (G-M), and the 
Marine Safety Center for engineering equipment. A list of approved 
equipment, including all of the approval series, is available at: http:/
/cgmix.uscg.mil/Equipment.



Sec. 149.15  What is the process for submitting alterations and 
modifications affecting the design and construction of a deepwater port?

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



                Subpart B_Pollution Prevention Equipment



Sec. 149.100  What does this subpart do?

    This subpart provides requirements for pollution equipment on 
deepwater ports.



Sec. 149.103  What are the requirements for discharge containment and 
removal material and equipment?

    (a) Each deepwater port must have a facility response plan that 
meets the requirements outlined in subpart F of part 154 of this chapter 
and be approved by the cognizant COTP.
    (b) The facility response plan must identify adequate spill 
containment and removal equipment for port-specific spill scenarios.
    (c) Response equipment and material must be pre-positioned for ready 
access and use onboard the deepwater port.



Sec. 149.105  What are the requirements for the overflow and relief 
valves?

    (a) Each oil and natural gas transfer system (OTS/NGTS) must include 
a relief valve that, when activated, prevents pressure on any component 
of the OTS/NGTS from exceeding its maximum rated pressure.
    (b) The transfer system overflow or relief valve must not allow a 
discharge into the sea.

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Sec. 149.110  What are the requirements for pipeline end manifold 
shutoff valves?

    Each pipeline end manifold must have a shutoff valve capable of 
operating both manually and from the pumping platform complex.



Sec. 149.115  What are the requirements for blank flange and shutoff 
valves?

    Each floating hose string must have a blank flange and a shutoff 
valve at the vessel's manifold end.



Sec. 149.120  What are the requirements for manually operated shutoff 
valves?

    Each oil and natural gas transfer line, passing through an SPM buoy, 
must have a manual shutoff valve on the buoy.



Sec. 149.125  What are the requirements for the malfunction detection 
system?

    (a) Each oil and natural gas system, between a pumping platform 
complex and the shore, must have a system that can detect and locate 
leaks and other malfunctions, particularly in high-risk areas.
    (b) The marine transfer area on an oil deepwater port must be 
equipped with a monitoring system in accordance with 154.525 of this 
chapter.
    (c) A natural gas deepwater port must be equipped with gas detection 
equipment adequate for the type of transfer system (including storage 
and re-gasification) used. Commandant (G-M) will evaluate proposed leak 
detection systems for natural gas on an individual basis.



Sec. 149.130  What are the requirements for the cargo transfer system 
alarm?

    (a) Each cargo transfer system must have an alarm to signal a 
malfunction or failure in the system.
    (b) The alarm must sound automatically in the control room and:
    (1) Be capable of being activated at the pumping platform complex;
    (2) Have a signal audible in all areas of the pumping platform 
complex, except in areas under paragraph (b)(3) of this section;
    (3) Have a high intensity flashing light in areas of high ambient 
noise levels where hearing protection is required under 150.615 of this 
chapter; and
    (4) Be distinguishable from the general alarm.
    (c) Tankers calling on unmanned deepwater ports must be equipped 
with a transfer system alarm described in this section.



Sec. 149.135  What should be marked on the cargo transfer system alarm 
switch?

    Each switch for activating an alarm, and each audio or visual device 
for signaling an alarm, under 149.130, must be identified by the words 
``OIL TRANSFER ALARM'' or ``NATURAL GAS TRANSFER ALARM'' in red letters 
at least 1 inch high on a yellow background.



Sec. 149.140  What communications equipment must be on a deepwater port?

    (a) Each deepwater port must have the following communications 
equipment:
    (1) A means of continuous two-way voice communication among the 
deepwater port and the tankers, support vessels, and other vessels 
operating at the port. The means must be usable and effective in all 
phases of a transfer and in all conditions of weather at the port;
    (2) A means to effectively indicate the need to use the 
communication system required by paragraph (a) of this section, even if 
the means is the communication system itself; and
    (3) Equipment that, for each portable means of communication used to 
meet the requirements of this section, is:
    (i) Certified under 46 CFR 111.105-11 to be operated in Group D, 
Class 1, Division 1 Atmosphere; and,
    (ii) Permanently marked with the certification required in paragraph 
(a)(3)(i) of this section. As an alternative to this marking 
requirement, a document certifying that the portable radio devices in 
use are in compliance with this section may be kept at the deepwater 
port.
    (b) The communication system of the tank ship mooring at an unmanned 
port will be deemed the primary means

[[Page 209]]

of communicating with support vessels, shore side, etc.



Sec. 149.145  What are the requirements for curbs, gutters, drains, 
and reservoirs?

    Each pumping platform complex must have enough curbs, gutters, 
drains, and reservoirs to collect, in the reservoirs, all oil and 
contaminants not authorized for discharge into the ocean according to 
the port's National Pollution Discharge Elimination System (NPDES) 
permit.



                     Subpart C_Lifesaving Equipment



Sec. 149.300  What does this subpart do?

    This subpart provides requirements for lifesaving equipment on 
deepwater ports.

                   Manned Deepwater Port Requirements



Sec. 149.301  What are the requirements for lifesaving equipment?

    (a) Each deepwater port on which at least one person occupies an 
accommodation space for more than 30 consecutive days, in any successive 
12-month period, must comply with the requirements for lifesaving 
equipment in this subpart.
    (b) Each deepwater port, not under paragraph (a) of this section, 
must comply with the requirements for lifesaving equipment for unmanned 
deepwater ports in this subpart.



Sec. 149.302  What are the requirements when lifesaving equipment is 
repaired or replaced?

    When lifesaving equipment is replaced or when the deepwater port 
undergoes a repair, alteration, or modification that involves replacing 
or adding to the lifesaving equipment complement, the new lifesaving 
equipment must meet the requirements of this subpart.



Sec. 149.303  What survival craft and rescue boats may be used on a 
manned deepwater port?

    (a) Each survival craft on a manned deepwater port must be one of 
the following:
    (1) A lifeboat meeting the requirements of 149.306 to this subpart; 
or
    (2) A liferaft meeting the requirements of 149.308 to this subpart.
    (b) Each rescue boat on a manned deepwater port must be a rescue 
boat meeting the requirements of Sec. 149.314 to this part.



Sec. 149.304  What type and how many survival craft and rescue boats 
must a manned deepwater port have?

    (a) Except as specified under Sec. 149.305 to this subpart, each 
manned deepwater port must have at least the type and number of survival 
craft and the number of rescue boats indicated for the deepwater port in 
paragraphs (a)(1) through (a)(5) of this section.
    (1) For a deepwater port with 30 or fewer persons onboard:
    (i) One or more lifeboats with a total capacity of 100 percent of 
the personnel onboard;
    (ii) One or more liferafts with a total capacity of 100 percent of 
the personnel onboard; and
    (iii) One rescue boat, except that the rescue boat is not required 
for deepwater ports with 8 or fewer persons onboard.
    (2) For a deepwater port with 31 or more persons onboard:
    (i) At least two lifeboats with a total capacity of 100 percent of 
the personnel onboard;
    (ii) One or more liferafts with a total capacity so that, if the 
survival craft at any one location are rendered unusable, there will be 
craft remaining with 100 percent capacity; and
    (iii) One rescue boat.
    (3) Lifeboats may be substituted for liferafts.
    (4) Capacity refers to the total number of persons on the deepwater 
port at any one time, not including temporary personnel. Temporary 
personnel include: contract workers, official visitors, and any other 
persons who are not permanent employees. See Sec. 149.305 in this 
subpart for additional survival craft requirements when temporary 
personnel are onboard.
    (5) The required lifeboats may be used as rescue boats if the 
lifeboats also meet the requirements for rescue boats in Sec. 149.314 
to this subpart.

[[Page 210]]

    (b) Deepwater ports consisting of novel structures or a combination 
of fixed and/or floating structures may require additional survival 
craft as deemed necessary by Commandant (G-M). In these cases, the type 
and number of survival craft must be specified in the operations manual.



Sec. 149.305  What are the survival craft requirements for temporary 
personnel?

    (a) When temporary personnel are onboard a manned deepwater port and 
the complement exceeds the capacity of the survival craft required under 
149.304 to this subpart, the port must have additional liferafts to 
ensure that the total capacity of the survival craft is not less than 
200 percent of the personnel on board at any time.
    (b) The liferafts required in paragraph (a) of this section need not 
meet the launching requirements of paragraph (b) to Sec. 149.308 of 
this subpart, but must comply with the stowage requirements of 46 CFR 
108.530(c).



Sec. 149.306  What are the requirements for lifeboats?

    (a) Lifeboats must be:
    (1) Totally enclosed and Coast Guard-approved fire-protected 
lifeboats; and
    (2) If the hull or canopy is of aluminum, it must be protected in 
its stowage position by a water-spray system meeting 46 CFR 34.25.
    (b) Each lifeboat must have at least the provisions and survival 
equipment required by 46 CFR 108.575(b).
    (c) Except for boathooks, the equipment under paragraph (b) of this 
section must be securely stowed in the lifeboat.
    (d) Each lifeboat must have a list of the equipment it is required 
to carry under paragraph (c) of this section. The list must be posted in 
the lifeboat.
    (e) The manufacturer's instructions for maintenance and repair of 
the lifeboat, required under paragraph (a) to Sec. 150.502 of this 
chapter, must be in the lifeboat or on a deepwater port.



Sec. 149.307  What are the requirements for free-fall lifeboats?

    All free-fall lifeboats must be approved under approval series 46 
CFR 160.135.



Sec. 149.308  What are the requirements for liferafts?

    (a) All liferafts must be an inflatable liferaft--approved under 
approval series 46 CFR 160.151, or a rigid liferaft--approved under 
approval series 46 CFR 160.118.
    (b) Except as under paragraph (b) to 149.305 of this subpart, each 
inflatable or rigid liferaft, boarded from a deck that is more than 14 
feet 9 inches above the water, must be davit launched or served by a 
marine evacuation system complying with 149.309 to this subpart.



Sec. 149.309  What are the requirements for marine evacuation systems?

    All marine evacuation systems must be Coast Guard-approved, and 
comply with the launching arrangement requirements for MODU in 46 CFR 
108.545.



Sec. 149.310  What are the muster and embarkation requirements for 
survival craft?

    Muster and embarkation arrangements for survival craft must comply 
with 46 CFR 108.540.



Sec. 149.311  What are the launching and recovery requirements for 
lifeboats?

    (a) Each lifeboat launched by falls, must have a launching and 
recovery system that complies with 46 CFR 108.555.
    (b) Each free-fall lifeboat must have a launching and recovery 
system that complies with 46 CFR 108.557.



Sec. 149.312  What are the launching equipment requirements for 
inflatable liferafts?

    (a) Each inflatable liferaft, not intended for davit launching, must 
be capable of rapid deployment.
    (b) Each davit-launchable liferaft must have the following launching 
equipment at each launching station:
    (1) A launching device approved under approval series 46 CFR 
160.163; and
    (2) A mechanical disengaging apparatus approved under the approval 
series 46 CFR 160.170.
    (c) The launching equipment must be operative, both from the 
liferaft and from the deepwater port.

[[Page 211]]

    (d) Winch controls must be located so that the operator can observe 
the liferaft launching.
    (e) The launching equipment must be arranged so that a loaded 
liferaft does not have to be lifted before it is lowered.
    (f) Not more than two liferafts may be launched from the same set of 
launching equipment.



Sec. 149.313  How must survival craft be arranged?

    The operator must arrange survival craft so that they meet the 
requirements of 46 CFR 108.525 (a) and 108.530 and:
    (a) Are readily accessible in an emergency;
    (b) Are accessible for inspection, maintenance, and testing;
    (c) Are in locations clear of overboard discharge piping (or 
openings) and obstructions below; and
    (d) Have the aggregate capacity to accommodate the total number of 
persons authorized to be berthed and are located so as to provide ready 
access to the personnel berthing area.



Sec. 149.314  What are the approval and stowage requirements for rescue 
boats?

    (a) Rescue boats must be approved under approval series 46 CFR 
160.156. A lifeboat is acceptable as a rescue boat if it also meets the 
requirements for a rescue boat under approval series 46 CFR 160.156.
    (b) The stowage of rescue boats must comply with 46 CFR 108.565.



Sec. 149.315  What embarkation, launching, and recovery arrangements 
must rescue boats meet?

    (a) Each rescue boat must be capable of being launched in a current 
of up to 5 knots. A painter may be used to meet this requirement.
    (b) Each rescue boat embarkation and launching arrangement must 
permit the rescue boat to be boarded and launched in the shortest 
possible time.
    (c) If the rescue boat is one of the deepwater port's survival 
craft, the rescue boat must comply with the muster and embarkation 
arrangement requirements of 149.310.
    (d) The rescue boat must comply with the embarkation arrangement 
requirements of 46 CFR 108.555.
    (e) If the launching arrangement uses a single fall, the rescue boat 
may have an automatic disengaging apparatus, approved under approval 
series 46 CFR 160.170, instead of a lifeboat release mechanism.
    (f) The rescue boat must be capable of being recovered rapidly when 
loaded with its full complement of persons and equipment. If a lifeboat 
is being used as a rescue boat, rapid recovery must be possible when 
loaded with its lifeboat equipment and a rescue boat's complement of at 
least six persons.
    (g) Each rescue boat-launching appliance must be fitted with a 
powered winch motor.
    (h) Each rescue boat-launching appliance must be capable of hoisting 
the rescue boat, when loaded with a rescue boat's full complement of 
persons and equipment, at a rate of not less than 59 feet per minute.
    (i) The operator may use an onboard crane to launch a rescue boat if 
the crane's launching system meets the requirements of this section.



Sec. 149.316  What are the requirements for lifejackets?

    (a) Each lifejacket must be approved under approval series 46 CFR 
160.002, 160.005, 160.055, 160.077, or 160.176.
    (b) Each lifejacket must have a lifejacket light--approved under 
approval series 46 CFR 161.012. Each light must be securely attached to 
the front shoulder area of the lifejacket.
    (c) Each lifejacket must have a whistle permanently attached to the 
lifejacket by a cord.
    (d) Each lifejacket must be marked with Type I retro-reflective 
material--approved under approval series 46 CFR 164.018.



Sec. 149.317  How and where must lifejackets be stowed?

    (a) The operator must ensure that lifejackets are stowed, in readily 
accessible places, in, or adjacent to, accommodation spaces.
    (b) Lifejacket stowage containers, and the spaces housing the 
containers, must not be capable of being locked.

[[Page 212]]

    (c) The operator must mark each lifejacket container, or lifejacket 
stowage location, with the words ``LIFEJACKETS'' in block letters and 
the quantity, identity, and size of the lifejackets stowed inside the 
containers or stowed at the location.



Sec. 149.318  Must every person on the port have a lifejacket?

    The operator must provide a lifejacket that complies with 149.316 to 
this subpart, for each person on a manned deepwater port.



Sec. 149.319  What additional lifejackets must I have?

    For each person on duty in a location where the lifejacket required 
by 149.317 of this subpart is not readily accessible, an additional 
lifejacket must be stowed so as to be readily accessible to that 
location.



Sec. 149.320  What are the requirements for ring lifebuoys?

    (a) Ring lifebuoys must be approved under approval series 46 CFR 
160.050 or 160.150 (for SOLAS-approved equipment).
    (b) Each ring lifebuoy must have a floating, electric water light--
approved under approval series 46 CFR 161.010. The operator must ensure 
that the light to the ring lifebuoy is attached by a lanyard of 12-
thread manila, or a synthetic rope of equivalent strength, not less than 
3 feet nor more than 6 feet in length. The light must be mounted on a 
bracket near the ring lifebuoy so that, when the ring lifebuoy is cast 
loose, the light will be pulled free of the bracket.
    (c) To each ring lifebuoy, there must be attached a buoyant line of 
100 feet in length, with a breaking strength of at least 5 KiloNewtons 
force. The end of the line must not be secured to the deepwater port.
    (d) Each ring lifebuoy must be marked with Type II retro-reflective 
material--approved under approval series 46 CFR 164.018.



Sec. 149.321  How many ring lifebuoys must be on each deepwater port?

    There must be at least four approved ring lifebuoys on each manned 
deepwater port.



Sec. 149.322  Where must ring lifebuoys be located and how must they 
be stowed?

    (a) The operator must locate one ring lifebuoy on each side of the 
port and one near each external stairway leading to the water. One buoy 
may be used to satisfy both these requirements.
    (b) Each ring lifebuoy must be stowed on or in a rack that is 
readily accessible in an emergency. The ring lifebuoy must not be 
permanently secured in any way to the rack or the deepwater port.



Sec. 149.323  What are the requirements for first aid kits?

    (a) Each manned deepwater port must have an industrial first aid kit 
approved by an appropriate organization (e.g., American Red Cross) for 
the maximum number of persons on the deepwater port.
    (b) The first aid kit must be maintained in a space designated as a 
medical treatment room or, if there is no medical treatment room, under 
the custody of the person in charge.
    (c) The operator must ensure that each first aid kit is accompanied 
by a copy of DHHS Publication No. (PHS) 84-2024: ``The Ship's Medicine 
Chest and Medical Aid at Sea''--available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, or the 
``American Red Cross First Aid and Safety Handbook''--available from 
Little Brown and Company, 3 Center Plaza, Boston, MA 02018.



Sec. 149.324  What are the requirements for litters?

    Each manned deepwater port must have at least one Stokes litter, or 
other suitable litter, capable of being safely hoisted with an injured 
person. The litter must be readily accessible in an emergency.



Sec. 149.325  What emergency communications equipment must be on a 
manned deepwater port?

    Each manned deepwater port must have a radio, telephone, or other 
means of emergency communication with the shore, vessels, and facilities 
in the vicinity in the event the primary communications system outlined 
in

[[Page 213]]

Sec. 149.140 fails. This communication equipment must have an emergency 
power source.



Sec. 149.326  What are the immersion suit requirements?

    Each manned deepwater port, located North of 32 degrees North 
latitude, must comply with the immersion suit requirements in 46 CFR 
part 108.



Sec. 149.327  What are the approval requirements for work vests and 
anti-exposure suits?

    All work vests and anti-exposure (deck) suits, on a manned deepwater 
port, must be of a buoyant type approved under:
    (a) Approval series 46 CFR 160.053 as a work vest;
    (b) Approval series 46 CFR 160.053 or 160.153 as an anti-exposure 
suit; or
    (c) Approval series 46 CFR 160.077 as a commercial hybrid personal 
flotation device.



Sec. 149.328  How must work vests and anti-exposure (deck) suits be 
stowed?

    All work vests and deck suits must be stowed separately from 
lifejackets and in a location that is not easily confused with a storage 
area for lifejackets.



Sec. 149.329  How must work vests and deck suits be marked?

    All work vests and deck suits must be marked with Type II retro-
reflective material--approved under approval series 46 CFR 164.018.



Sec. 149.330  When may a work vest or deck suit be substituted for a 
lifejacket?

    (a) A work vest or deck suit meeting Sec. 149.326 of this subpart 
may be used instead of a lifejacket, when personnel are working near or 
over water.
    (b) Work vests or deck suits may not be substituted for any portion 
of the number of approved lifejackets required to be on the deepwater 
port or an attending vessel for use during drills and emergencies.



Sec. 149.331  What are the requirements for hybrid personal flotation 
devices?

    (a) The operator must ensure use and stowage of all commercial 
hybrid personal flotation devices (PFDs) used as work vests under:
    (1) The procedures in the manual required for these devices in 46 
CFR 160.077-29; and
    (2) All limitations, if any, marked on them.
    (b) All commercial hybrid PFDs on the deepwater port must be of the 
same or similar design and must have the same method of operation.



Sec. 149.332  What are the requirements for inflatable lifejackets?

    (a) Each inflatable lifejacket must be approved under approval 
series 46 CFR 160.176.
    (b) All inflatable lifejackets on a deepwater port must:
    (1) Be used and stowed under the procedures in the manual required 
for these lifejackets under 46 CFR 160.176-21;
    (2) Be marked with all limitations, if any; and
    (3) Be of the same or similar design and must have the same method 
of operation.



Sec. 149.333  What are the marking requirements for lifesaving equipment?

    (a) Each lifeboat, rigid liferaft, and survival capsule must be 
marked on two opposite outboard sides with the name, number, or other 
inscription identifying the deepwater port on which placed and the 
number of persons permitted on the craft. Each paddle or oar for these 
crafts must be marked with an inscription identifying the deepwater 
port. The letters and numbers must be at least 100 millimeters (3.94 
inches) high on a contrasting background.
    (b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-
33, and after each servicing, 46 CFR 160.151-57(m).
    (c) All lifejackets and ring lifebuoys must be conspicuously marked 
with the name, number, or other inscription identifying the deepwater 
port on which placed. The letters and numbers

[[Page 214]]

must be at least 1.5 inches high on a contrasting background. 
Lifejackets and ring lifebuoys that accompany mobile crews to unmanned 
deepwater ports may be marked with the operator's name and field 
designation.

                  Unmanned Deepwater Port Requirements



Sec. 149.334  Who must ensure compliance with the requirements for 
unmanned deepwater ports?

    The owner or operator of an unmanned deepwater port must ensure that 
applicable requirements are complied with on their deepwater port.



Sec. 149.335  When are people prohibited from being on a unmanned 
deepwater port?

    No person may be on a unmanned deepwater port unless all 
requirements of this part are met.



Sec. 149.336  What are the requirements for lifejackets?

    (a) Except as under paragraph (b) of this section, each unmanned 
deepwater port must have at least one lifejacket complying with 149.316 
to this subpart, for each person on the deepwater port. The lifejackets 
need to be available for use on the port only when persons are onboard.
    (b) During helicopter visits, personnel who have aircraft type 
lifejackets may use them as an alternative to the requirements of 
paragraph (a) of this section.



Sec. 149.337  What are the requirements for ring lifebuoys?

    (a) Each unmanned deepwater port must have at least one ring 
lifebuoy complying with 149.320 to this subpart.
    (b) If there is no space on the deepwater port for the ring 
lifebuoys, they must be on a manned vessel located alongside of the 
deepwater port while the persons are on the port.



Sec. 149.338  What are the requirements for immersion suits?

    (a) Each unmanned deepwater port, located North of 32 degrees North 
latitude, must comply with the immersion suit requirements applicable to 
MODU under 46 CFR 108.580-- approval series 46 CFR 160.171. Except as 
under paragraph (b) of this section, the immersion suits need be on the 
deepwater port only when persons are onboard.
    (b) If an attending vessel is moored to the unmanned deepwater port, 
the suits may be stowed on the vessel, instead of on the deepwater port.



Sec. 149.339  What is the requirement for a previously approved 
lifesaving equipment on a deepwater port?

    Lifesaving equipment (e.g., lifeboats, life rafts, PFDs) on a 
deepwater port on January 1, 2004, need not meet the requirements in 
this subpart until the equipment needs replacing, provided it is 
periodically tested and maintained in good operational condition.



Sec. 149.340  What are the requirements for lifesaving equipment that 
is not required by this subchapter?

    Each item of lifesaving equipment on a deepwater port that is not 
required by this subchapter must be approved by the Commandant (G-M).



          Subpart D_Firefighting and Fire-Protection Equipment



Sec. 149.400  What does this subpart apply to?

    This subpart applies to all deepwater ports with the exception of an 
unmanned port consisting of a submerged turret loading (STL) or 
comparable configuration in which cargo transfer operations are 
conducted solely aboard the tank vessel by the vessel crew.



Sec. 149.401  What are the general requirements for firefighting and 
fire-protection equipment?

    Each deepwater port must comply with the requirements for 
firefighting and fire-protection equipment in this subpart.



Sec. 149.402  What equipment must be approved by the Coast Guard?

    Except as permitted under 149.403, 149.415 (c) or (d), 149.421 (a), 
or 149.422, all required firefighting and fire-protection equipment on a 
deepwater port must be approved by the Commandant (G-MSE). Firefighting 
and fire-protection equipment that supplements required equipment must 
also be approved by the Commandant (G-MSE)

[[Page 215]]

unless approval by the OCMI is requested and granted pursuant to 149.403 
of this subpart.



Sec. 149.403  Use of alternate firefighting, fire prevention equipment, 
or procedures.

    (a) The operator may request the use of alternate equipment or 
procedures for those required in this subchapter.
    (b) Upon request, the OCMI may allow the use of alternate equipment 
or procedures if they will:
    (1) Accomplish the purposes for the requirement; and
    (2) Provide a degree of safety equivalent to, or greater than, that 
provided by the requirement.
    (c) The OCMI may require that the requesting party:
    (1) Explain why applying the requirement would be unreasonable or 
impracticable; or
    (2) Submit engineering calculations, tests, or other data to 
demonstrate how the requested alternative would comply with paragraph 
(b) of this section.
    (d) The OCMI may determine, on a case-by-case basis, that Commandant 
(G-MSE) must approve the use of the alternate equipment or procedure.

                        Firefighting Requirements



Sec. 149.404  Can I use firefighting equipment for which there is no 
Coast Guard standard?

    A deepwater port may use firefighting equipment for which there is 
no Coast Guard standard, as excess equipment, if the equipment does not 
endanger the port or the persons aboard in any way. This equipment must 
be listed and labeled by a nationally recognized testing laboratory and 
it must be maintained in good working condition.



Sec. 149.405  How are fire extinguishers classified?

    (a) Portable and semi-portable extinguishers on a manned deepwater 
port must be classified using the Coast Guard's marine rating system of 
combination letter and number symbol. The letter indicates the type of 
fire that the extinguisher is designed to extinguish, and the number 
indicates the relative size of the extinguisher.
    (b) The letter designations are as follows:
    (1) ``A'' for fires in ordinary combustible materials where the 
quenching and cooling effects of quantities of water, or solutions 
containing large percentages of water, are of first importance;
    (2) ``B'' for fires in flammable liquids, greases, or other thick 
flammable substances, where a blanketing effect is essential; and
    (3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of first importance.
    (c) The number designations for size range from ``I'' for the 
smallest extinguisher to ``V'' for the largest. Sizes I and II are 
portable extinguishers. Sizes III, IV, and V are semi-portable 
extinguishers which must be fitted with suitable hose and nozzle or 
other practicable means so that all portions of the space concerned may 
be covered. Examples of size graduations for some of the typical 
portable and semi-portable extinguishers are set forth in table 149.405.

                             Table 149.405--Portable and Semi-portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                   Carbon dioxide        Dry chemical kilograms
      Classification type-size         Foam liters (gallons)     kilograms (pounds)             (pounds)
----------------------------------------------------------------------------------------------------------------
A-II................................  9.5 (2.5)..............  ......................  2.25(5) \1\
B-II................................  9.5 (2.5)..............  6.7 (15)..............  4.5 (10)
C-II................................  .......................  6.7 (15)..............  4.5 (10)
B-IV................................  7.6 (20)...............  22.5 (50).............  13.5 (30)
B-V.................................  15.2 (40)..............  45 (100) \2\..........  22.5 (50) \2\
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Must be specifically approved as a type ``A,'' ``B,'' or ``C'' extinguisher.
\2\ For outside use, double the quantity of agent that must be carried.


[[Page 216]]



Sec. 149.406  What are the approval requirements for a fire extinguisher?

    All portable and semi-portable fire extinguishers must be of an 
approved type under 46 CFR part 162, subparts 162.028 and 162.039, 
respectively.



Sec. 149.407  Must fire extinguishers be on the deepwater port at all 
times?

    (a) On a manned deepwater port, the fire extinguishers required by 
149.409 to this subpart must be on the deepwater port at all times.
    (b) On an unmanned deepwater port, the fire extinguishers required 
by 149.409 to this part need be on the deepwater port only when 
personnel are working on the deepwater port during cargo transfer 
operations or performing maintenance duties.



Sec. 149.408  What are the maintenance requirements for a fire 
extinguisher?

    All fire extinguishers must be maintained in good working order and 
serviced annually in accordance with 46 CFR 107.235.



Sec. 149.409  How many fire extinguishers are needed?

    Each particular location must have the number of fire extinguishers 
required by table 149.409.

    Table 149.409--Portable and Semi-Portable Extinguishers, Minimum
                          Quantity and Location
------------------------------------------------------------------------
                                                       Minimum quantity
              Space                 Classification       and location
------------------------------------------------------------------------
(a) Safety Areas:
    (1) Communicating corridors.  A-II..............  One in each main
                                                       corridor or
                                                       stairway not more
                                                       than 150 feet
                                                       apart.
    (2) Radio room..............  C-II..............  One outside of or
                                                       near each radio
                                                       room exit.
(b) Accommodation Spaces: (1)     A-II..............  One in each
 Sleeping quarters.                                    sleeping space
                                                       for more than
                                                       four persons.
(c) Service Spaces:
    (1) Galleys.................  B-II or CII.......  One for each 2,500
                                                       square feet or
                                                       fraction thereof
                                                       for hazards
                                                       involved.
    (2) Storerooms..............  A-II..............  One for each 2,500
                                                       square feet or
                                                       fraction thereof
                                                       located near each
                                                       exit, either
                                                       inside or outside
                                                       of the space.
    (3) Paint room..............  B-II..............  One outside each
                                                       paint room exit.
(d) Machinery Spaces:
    (1) Gas-fired boilers.......  B-II OR C-II......  Two.
    (2) Gas-fired boilers.......  B-V...............  One.\1\
    (3) Oil-fired boilers.......  B-II..............  Two.
    (4) Oil-fired boilers.......  B-V...............  Two.\1\
    (5) Internal combustion or    B-II..............  One for each
     gas turbine engines.                              engine.\2\
    (6) Electric motors and       C-II..............  One for each two
     generators, both of the                           motors or
     open type.                                        generators.\3\
(e) Helicopter Areas:
    (1) Helicopter landing decks  B-V...............  One at each access
                                                       route.
    (2) Helicopter fueling        B-V...............  One at each fuel
     facility.                                         transfer
                                                       facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
  atmosphere at all times, one B-II may be used for every three engines.
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
  paragraph of this part.



Sec. 149.410  Where must a portable or semi-portable fire extinguisher 
be located?

    All portable and semi-portable fire extinguishers under table 
149.409 must be located in the open so as to be readily seen.



Sec. 149.411  What are the requirements for fireman's outfits?

    (a) Each manned deepwater port with nine or more persons must have 
at least two fireman's outfits complying with 46 CFR 108.497.
    (b) The person in charge of safety must ensure that:
    (1) At least two people trained in the use of fireman's outfits are 
on the deepwater port at all times;

[[Page 217]]

    (2) Each fireman's outfit and its spare equipment are stowed 
together in a readily accessible container or locker; that no more than 
one outfit is stowed in the same container or locker and that the two 
containers or lockers are located in separate areas to ensure that at 
least one is available at all times in the event of a fire; and
    (3) Fireman's outfits are not used for any purpose other than 
firefighting.



Sec. 149.412  How many fire axes are needed?

    Each manned deepwater port must have at least two fire axes per 46 
CFR 108.499.



Sec. 149.413  On a manned deepwater port, what spaces require a fixed 
fire-extinguishing system?

    The manned deepwater port spaces or systems listed in paragraphs (a) 
through (c) of this section must be protected by an approved fixed-
gaseous, or other approved fixed-type, extinguishing system.
    (a) Paint lockers of capacity in excess of 200 cubic feet and 
similar spaces containing flammable liquids.
    (b) Galley range or deep fat fryer.
    (c) Each enclosed space containing internal combustion or gas 
turbine machinery, with an aggregate power of more than 1,000 B.H.P., 
and any associated fuel oil units, purifiers, valves, or manifolds.



Sec. 149.414  What are the requirements for a fire-detection and alarm 
system?

    (a) All accommodation and service spaces, on a manned deepwater 
port, and all spaces or systems of a deepwater port that process, store, 
transfer, and re-gasify liquefied natural gas, must have an automatic 
fire-detection and alarm system. The system must either comply with 46 
CFR 108.405 or be designed and installed in compliance with a national 
consensus standard, as that term is defined in 29 CFR 1910.2, for fire-
detection and fire alarm systems, and that complies with standards set 
by a nationally recognized testing laboratory, as that term is defined 
in 29 CFR 1910.7, for such systems or hardware.
    (b) Sleeping quarters must be fitted with smoke detectors that have 
local alarms and that may, or may not, be connected to the central alarm 
panel.
    (c) Each fire-detection and fire alarm system must have a visual 
alarm and an audible alarm at a normally manned area.
    (d) Each fire-detection and fire alarm system must be divided into 
zones to limit the area covered by a particular alarm signal.



Sec. 149.415  What are the requirements for a fire-main system on a 
manned deepwater port?

    (a) Each pumping platform complex must have a fixed fire-main 
system. The system must either:
    (1) Comply with 46 CFR 108.415 through 108.429; or
    (2) Comply with a national consensus standard, as that term is 
defined in 29 CFR 1910.2, for such systems and hardware and comply with 
the standards set by a nationally recognized testing laboratory, as that 
term is defined in 29 CFR 1910.7, for such systems and hardware.
    (b) If the fire-main system meets the requirements outlined in 
paragraph (a)(2) of this section, it must provide, at a minimum, 
protection to:
    (1) Accommodation spaces;
    (2) Accommodation modules;
    (3) Control spaces; and
    (4) Other areas frequented by port personnel. The hose system must 
be capable of reaching all parts of these spaces without difficulty.
    (c) The fire-main system, under paragraph (a)(2) of this section, 
may be part of a firewater system in accordance with 30 CFR 250.803.
    (d) A fire-main system for a natural gas deepwater port must also 
comply with 33 CFR 127.607.

[USCG-1998-3884, 69 FR 746, Jan. 6, 2004; 69 FR 3836, Jan. 27, 2004]



Sec. 149.416  What are the requirements for fire pumps?

    (a) Each manned deepwater port must have at least two independently 
driven fire pumps. Each pump must be able to simultaneously deliver two 
streams of water at a pitot tube pressure of at least 50 p.s.i/345 k.p.a 
(75

[[Page 218]]

p.s.i./520 k.p.a. for a natural gas deepwater port)--measured at the two 
most remote nozzles.
    (b) Each fire pump must have:
    (1) A relief valve on its discharge side that is set to relieve at 
25 p.s.i/173 k.p.a in excess of the pressure necessary to meet the 
requirement in paragraph (a) of this section;
    (2) A pressure gauge on its discharge side; and
    (3) Its own sea connection.
    (c) Fire pumps may only be connected to the fire-main system.
    (d) The fire pumps required by paragraph (a) of this section must be 
located in separate spaces and the arrangement of pumps, sea 
connections, controls, and sources of power must be such as to ensure 
that a fire, in any one space, will not put all of the fire pumps out of 
service.
    (e) The fire pumps must be capable of being started and stopped from 
outside the spaces in which they are located.



Sec. 149.417  What are the requirements for fire hydrants?

    (a) Fire hydrants must comply with 46 CFR 108.423.
    (b) A single length of fire hose, with an attached nozzle, must be 
connected to each fire hydrant at all times. If the hose is exposed to 
freezing weather, it may be removed from the location during freezing 
weather.
    (c) Each fire hydrant must have a shutoff valve.
    (d) Any equipment that is located in the same space as the fire 
hydrant must not impede access to the hydrant.
    (e) Each fire hydrant must have at least one spanner wrench at the 
fire hydrant.



Sec. 149.418  What are the requirements for fire hoses and fire nozzles?

    (a) Fire hoses must comply with 46 CFR 108.425 and be:
    (1) Prominently marked in accordance with 46 CFR 97.37-15; and
    (2) If in an exposed location, protected from freezing weather.
    (b) Each fire hose and nozzle must comply with 46 CFR 108.425 or a 
national consensus standard, as that term is defined in 29 CFR 1910.2, 
for such hose and nozzle and the standards set by a nationally 
recognized testing laboratory, as that term is defined in 29 CFR 1910.7, 
for such hose.



Sec. 149.419  What are the requirements for a dry chemical 
fire-suppression system?

    Each natural gas deepwater port must be equipped with a dry chemical 
system that meets the requirements of Sec. 127.609 to this chapter.



Sec. 149.420  What firefighting equipment must a helicopter landing 
deck on a manned deepwater port have?

    Each helicopter landing deck on a manned deepwater port must have 
the following:
    (a) A fire hydrant and hose located near each stairway access to the 
landing deck. If the landing deck has more than two stairway accesses, 
only two stairway accesses need to have a fire hydrant and hose. The 
fire hydrants must be part of the fire-main system; and
    (b) Portable fire extinguishers in the quantity and location as 
required in table 149.409.



Sec. 149.421  What fire-protection system must a helicopter fueling 
facility have?

    In addition to the portable fire extinguishers required under table 
149.409, each helicopter fueling facility must have a fire-protection 
system complying with 46 CFR 108.489.



Sec. 149.422  Can the water supply for the helicopter deck 
fire-protection system be part of a firewater system?

    (a) The water supply for the helicopter deck fire-protection system 
required under Sec. Sec. 149.420 or 149.421 may be part of:
    (1) The firewater system (installed in accordance with MMS 
regulations under 30 CFR 250.803); or
    (2) The fire-main system under Sec. 149.415.
    (b) If the water supply for the helicopter deck fire-protection 
system is part of an independent accommodation fire-main system, the 
piping design and hardware must be compatible with the system and must 
comply with the requirements for fire-mains in 46 CFR 108.415 through 
108.429.

[[Page 219]]



Sec. 149.423  What are the fire-protection requirements for escape routes?

    At least one escape route from an accommodation space or module to a 
survival craft or other means of evacuation, must provide adequate 
protection, in accordance with 46 CFR 108.133, for escaping personnel 
from fires and explosions. Additional requirements for escape routes are 
in subpart F of this part.



Sec. 149.424  What is the requirement for a previously approved 
fire-detection and alarm system on a deepwater port?

    An existing fire-detection and alarm system on a deepwater port need 
not meet the requirements in this subpart until the system needs 
replacing, provided it is periodically tested and maintained in good 
operational condition.



                      Subpart E_Aids to Navigation

                                 General



Sec. 149.500  What does this subpart do?

    This subpart provides requirements for aids to navigation on 
deepwater ports.



Sec. 149.505  What are the general requirements for aids to navigation?

    The following requirements apply to aids to navigation under this 
subpart:
    (a) Section 66.01-5 of this chapter on application to establish, 
maintain, discontinue, change, or transfer ownership of an aid, except 
as under 149.510;
    (b) Section 66.01-25(a) and (c) of this chapter on discontinuing or 
removing an aid. For the purposes of Sec. 66.01-25(a) and (c) of this 
chapter, aids to navigation at a deepwater port are considered Class I 
aids under Sec. 66.01-15 of this chapter;
    (c) Section 66.01-50 of this chapter on protection of an aid from 
interference and obstruction; and
    (d) Section 66.01-55 of this chapter on transfer of ownership of an 
aid.



Sec. 149.510  Permission to establish an aid to navigation.

    (a) To establish an aid to navigation on a deepwater port, the 
licensee must submit an application under Sec. 66.01-5 of this chapter, 
except the application must be sent to the Commandant (G-M).
    (b) At least 180 days before the installation of any structure at 
the site of a deepwater port, the licensee must submit an application 
for obstruction lights and other private aids to navigation for the 
particular construction site.
    (c) At least 180 days before beginning cargo transfer operations or 
changing the mooring facilities at the deepwater port, the licensee must 
submit an application for private aids to navigation.

                                 Lights



Sec. 149.520  What are the general lighting requirements?

    All deepwater ports must meet the general requirements for 
obstruction lights in part 67 of this chapter.

                           Lights on Platforms



Sec. 149.535  What are the requirements for rotating beacons on platforms?

    In addition to obstruction lights, the tallest platform of a 
deepwater port must have a rotating lighted beacon that distinguishes 
the deepwater port from other surrounding offshore structures. The 
beacon must:
    (a) Have an effective intensity of at least 15,000 candela;
    (b) Flash at least once every 20 seconds;
    (c) Provide a white light signal;
    (d) Operate in wind speeds up to 100 knots at a rotation rate that 
is within 6 percent of the operating speed displayed on the beacon;
    (e) Have one or more leveling indicators permanently attached to the 
light, each with an accuracy of 0.25, or better; and
    (f) Be located:
    (1) At least 60 feet above mean high water;
    (2) Where the structure of the platform, or equipment mounted on the 
platform, does not obstruct the light in any direction; and
    (3) So that it is visible all around the horizon.

[[Page 220]]

                  Lights on Single Point Moorings (SPM)



Sec. 149.540  What are the requirements for obstruction lights on an SPM?

    (a) The lights for a single point mooring (SPM) must meet the 
requirements for obstruction lights in part 67 of this chapter, except 
that the lights must be located at least 10 feet above mean high water.
    (b) A submerged turret loading (STL) deepwater port is not required 
to meet the requirements for obstruction lights, provided it maintains 
at least a five-foot clearance beneath the net under-keel clearance for 
all vessels, at the mean low water condition, transiting the area.
    (c) An STL deepwater port that utilizes a marker buoy must be 
lighted in accordance with paragraph (a) of this section.

                     Lights on Floating Hose Strings



Sec. 149.550  What are the requirements for lights on a floating hose 
string?

    Hose strings that are floating or supported on trestles shall 
display the following lights at night and in periods of restricted 
visibility.
    (a) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute;
    (2) Visible all around the horizon;
    (3) Visible for at least 2 miles on a clear, dark night;
    (4) Not less than 1 and not more than 3.5 meters above the water;
    (5) Approximately equally spaced; and
    (6) Not more than 10 meters apart where the hose string crosses a 
navigable channel, and, also, where the hose string does not cross a 
navigable channel, the lights must be sufficient in number to clearly 
show the hose string's length and course.
    (b) Two red lights at each end of the hose string, including the 
ends in a channel where the hose string is separated to allow vessels to 
pass, whether open or closed. The lights must be:
    (1) Visible all around the horizon;
    (2) Visible for at least 2 miles on a clear, dark night; and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.

              Lights on Buoys Used To Define Traffic Lanes



Sec. 149.560  How must buoys used to define traffic lanes be marked 
and lighted?

    (a) Each buoy that is used to define the lateral boundaries of a 
traffic lane at a deepwater port must meet 62.25 of this chapter.
    (b) The buoy must have an omni-directional light located at least 8 
feet above the water.
    (c) The buoy light must be located so that the structure of the 
buoy, or any other device mounted on the buoy, does not obstruct the 
light in any direction.



Sec. 149.565  What are the required characteristics and intensity of 
lights on buoys used to define traffic lanes?

    (a) The color of the light on a buoy that is used to define the 
lateral boundaries of a traffic lane must correspond with the color 
schemes for buoys in Sec. 62.25 of this chapter.
    (b) The buoy light may be fixed or flashing. If it is flashing, it 
must flash at intervals of not more than 6 seconds.
    (c) Buoy lights must have an effective intensity of at least 25 
candela.

                              Miscellaneous



Sec. 149.570  How is a platform, SPM, or STL identified?

    (a) Each platform, SPM, or STL (protruding above the water/marked by 
a buoy) must display the name of the deepwater port and the name or 
number identifying the structure, so that the information is visible:
    (1) From the water at all angles of approach to the structure; and
    (2) If the structure is equipped with a helicopter pad, from 
aircraft on approach to the structure.
    (b) The information required in paragraph (a) of this section must 
be displayed in numbers and letters that are:
    (1) At least 12 inches high;
    (2) In vertical block style; and
    (3) Displayed against a contrasting background.
    (c) If a STL protrudes from the water, it must be properly 
illuminated in accordance with Sec. 149.540.

[[Page 221]]



Sec. 149.575  How must objects protruding from the water, other than 
platforms and SPMs, be marked?

    (a) Each object protruding from the water that is within 100 yards 
of a platform or SPM must be marked with white reflective tape.
    (b) Each object protruding from the water that is more than 100 
yards from a platform or SPM must meet the obstruction lighting 
requirements in this subpart for a platform.



Sec. 149.580  What are the requirements for a radar beacon?

    (a) A radar beacon must be located on the tallest platform of a 
pumping platform complex or other fixed structure of the deepwater port.
    (b) The beacon must meet the following:
    (1) Be an FCC-type-accepted radar beacon (RACON);
    (2) Transmit:
    (i) In both the 2900-3100 MHz and 9300-9500 MHz frequency bands; or
    (ii) If installed before July 8, 1991, in the 9320-9500 MHz 
frequency band;
    (3) Transmit a signal of at least 250 milliwatts radiated power that 
is omni-directional and polarized in the horizontal plane;
    (4) Transmit a two or more element Morse code character, the length 
of which does not exceed 25 percent of the radar range expected to be 
used by vessels operating in the area;
    (5) If of the frequency agile type, be programmed so that it will 
respond, at least 40 percent of the time, but not more than 90 percent 
of the time, with a response time duration of at least 24 seconds; and
    (6) Be located at a minimum height of 15 feet above the highest deck 
of the platform and where the structure of the platform, or equipment 
mounted on the platform, does not obstruct the signal propagation in any 
direction.



Sec. 149.585  What are the requirements for sound signals?

    (a) Each pumping platform complex must have a sound signal, approved 
under subpart 67.10 of this chapter, that has a 2-mile (3-kilometer) 
range. A list of Coast Guard approved sound signals is available from 
any District Commander.
    (b) Each sound signal must be:
    (1) Located at least 10 feet but not more than 150 feet above mean 
high water; and
    (2) Located where the structure of the platform, or equipment 
mounted on it, does not obstruct the sound of the signal in any 
direction.



                     Subpart F_Design and Equipment

                                 General



Sec. 149.600  What does this subpart do?

    This subpart provides general requirements for equipment and design 
on deepwater ports.



Sec. 149.610  What must the District Commander be notified of and when?

    The District Commander must be notified of the following:

------------------------------------------------------------------------
                                             The District Commander must
                  When--                            be notified--
------------------------------------------------------------------------
(a) Construction of a pipeline, platform,   At least 30 days before
 or SPM is planned.                          construction begins.
(b) Construction of a pipeline, platform,   Within 24 hours, from the
 or SPM begins.                              date construction begins,
                                             that the lights and sound
                                             signals are in use at the
                                             construction site.
(c) A light or sound signal is changed      Within 24 hours of the
 during construction.                        change.
(d) Lights or sound signals used during     Within 24 hours of the
 construction of a platform, buoy, or SPM    replacement.
 are replaced by permanent fixtures to
 meet the requirements of this part.
(e) The first cargo transfer operation      At least 60 days before the
 begins.                                     operation.
------------------------------------------------------------------------



Sec. 149.615  What construction drawings and specifications are required?

    (a) To show compliance with the Act and this subchapter, the 
licensee must submit to the Commandant (G-M) three copies of:
    (1) Each construction drawing and specification; and
    (2) Each revision to a drawing and specification.
    (b) Each drawing, specification, and revision under paragraph (a) of 
this section must bear the seal, or a facsimile imprint of the seal, of 
the registered professional engineer responsible for the accuracy and 
adequacy of the material.

[[Page 222]]



Sec. 149.620  What happens when the Commandant (G-M) reviews and 
evaluates the construction drawings and specifications?

    (a) The Commandant (G-M) may concurrently review and evaluate 
construction drawings and specifications with the Marine Safety Center 
and other federal agencies having technical expertise (such as RSPA and 
FERC) in order to ensure compliance with the Act and this subchapter.
    (b) Construction may not begin until the drawings and specifications 
are approved by the Commandant (G-M).
    (c) Once construction begins, the Coast Guard periodically inspects 
the construction site to ensure that the construction complies with the 
drawings and specifications approved under paragraph (b) of this 
section.
    (d) When construction is complete, the licensee must submit two 
complete sets of as-built drawings and specifications to the Commandant 
(G-M).



Sec. 149.625  What are the design standards?

    (a) Each component, except for hoses, mooring lines, and aids to 
navigation buoys, must be designed to withstand at least the combined 
wind, wave, and current forces of the most severe storm that can be 
expected to occur at the deepwater port in any 100-year period. 
Component design must be appropriate for the protection of human life on 
the port or on vessels calling on or servicing the port from death or 
serious injury, and to protect the environment.
    (b) Heliports on floating deepwater ports must be designed in 
compliance with the regulations at 46 CFR part 108.

                       Structural Fire-Protection



Sec. 149.640  What are the requirements for systems fire-protection?

    Manned deepwater ports built after January 1, 2004 and manned 
deepwater ports that undergo major conversions must comply with the 
requirements for structural fire-protection outlined in this subpart.



Sec. 149.641  What are the requirements for structural fire-protection 
for deepwater ports in accommodation spaces and modules?

    (a) Accommodations spaces and modules must be designed, located, and 
constructed so as to minimize the effects of flame, excess heat, or 
blast effects caused by fires and explosions; and to provide safe refuge 
from fires and explosions for personnel for the minimum time needed to 
evacuate the space.
    (b) This requirement may be met by complying with the applicable 
portions of 46 CFR part 108, provided that:
    (1) The exterior boundaries of superstructures and deckhouses 
enclosing these spaces and modules, including any overhanging deck that 
supports these spaces and modules, are constructed to the A-60 standard 
defined in 46 CFR 108.131(b)(2) for any portion that faces, and is 
within 100 feet of, the platform hydrocarbon source; and
    (2) The ventilation system must have a means of shutting down the 
system and an alarm at a manned location that sounds when any hazardous 
or toxic substance enters the system.
    (c) As an alternative to paragraph (b) of this section, the 
requirement imposed by this section may be met by complying with a 
national consensus standard, as that term is defined in 29 CFR 1910.2, 
for the structural fire-protection of accommodation spaces and modules, 
and that complies with the standards set by a nationally recognized 
testing laboratory, as that term is defined by 29 CFR 1910.7, for such 
protection, provided that:
    (1) All such spaces and modules on manned ports are provided with 
automatic fire-detection and alarm systems. The alarm system must signal 
a normally manned area both visually and audibly, and be divided into 
zones to limit the area covered by a particular alarm signal;
    (2) Sleeping quarters are fitted with smoke detectors that have 
local alarms that may, or may not, be connected with the central alarm 
panel; and
    (3) Independent fire walls are constructed and installed so as to be 
of size and orientation sufficient to protect the exterior surfaces of 
the spaces or modules from extreme radiant heat

[[Page 223]]

flux levels and provide the A-60 standard defined in 46 CFR 
108.131(b)(2).

                          Single Point Moorings



Sec. 149.650  What are the requirements for single point moorings and 
their attached hoses?

    Each SPM and its attached hose must be designed appropriately for 
the protection of the environment and for durability under combined 
wind, wave, and current forces of the most severe storm that can be 
expected to occur at the port in any 100-year period. The 
appropriateness of a design may be shown by its compliance with 
standards generally used within the offshore industry that are at least 
equivalent, in protecting the environment, to the standards in use on 
January 1, 2003, by the American Bureau of Shipping or another 
recognized classification society.

                      Helicopter Fueling Facilities



Sec. 149.655  What are the requirements for helicopter fueling facilities?

    Helicopter fueling facilities must comply with 46 CFR 108.489 or an 
equivalent standard.

                             Emergency Power



Sec. 149.660  What are the requirements for emergency power?

    (a) Each pumping platform complex must have emergency power 
equipment to provide power to operate simultaneously all of the 
following for a continuous period of 18 hours:
    (1) Emergency lighting circuits;
    (2) Aids to navigation equipment;
    (3) Communications equipment;
    (4) Radar equipment;
    (5) Alarm systems;
    (6) Electrically operated fire pumps; and
    (7) Other electrical equipment identified as emergency equipment in 
the operations manual for the deepwater port.
    (b) No emergency power generating equipment may be located in any 
enclosed space on a platform that contains oil or natural gas transfer 
pumping equipment or other power generating equipment.

                          General Alarm System



Sec. 149.665  What are the requirements for a general alarm system?

    Each pumping platform complex must have a general alarm system that 
meets the following:
    (a) Is capable of being activated manually by the use of alarm 
boxes;
    (b) Is audible in all parts of the pumping platform complex, except 
in areas of high ambient noise levels where hearing protection is 
required under Sec. 150.613 of this chapter; and
    (c) Has a high intensity flashing light in areas where hearing 
protection is used.



Sec. 149.670  What are the requirements for marking a general alarm 
system?

    Each of the following must be marked with the words ``GENERAL 
ALARM'' in yellow letters at least 1-inch high on a red background:
    (a) Each general alarm box; and
    (b) Each audio or visual device under Sec. 149.665 for signaling 
the general alarm.

                          Public Address System



Sec. 149.675  What are the requirements for the public address system?

    Each pumping platform complex must have a public address system 
operable from two locations on the complex.

                         Medical Treatment Rooms



Sec. 149.680  What are the requirements for medical treatment rooms?

    Each deepwater port with sleeping spaces for 12 or more persons, 
including persons in accommodation modules, must have a medical 
treatment room that has:
    (a) A sign at the entrance designating it as a medical treatment 
room;
    (b) An entrance that is wide enough and arranged to readily admit a 
person on a stretcher;
    (c) A single berth or examination table that is accessible from both 
sides; and
    (d) A washbasin located in the room.

[[Page 224]]



Sec. 149.685  May a medical treatment room be used for other purposes?

    A medical treatment room may be used as a sleeping space if the room 
meets the requirements of this subpart for both medical treatment rooms 
and sleeping spaces. It may also be used as an office. However, when 
used for medical purposes, the room may not be used as a sleeping space 
or office.

                              Miscellaneous



Sec. 149.690  What are the requirements for means of escape, personnel 
landings, guardrails, and similar devices and for noise limits?

    Each deepwater port must comply with the requirements for means of 
escape, personnel landings, guardrails and similar devices, and noise 
limits as outlined in Sec. Sec. 149.691 through 149.699.

                             Means of Escape



Sec. 149.691  What means of escape are required?

    (a) Each deepwater port must have the primary and secondary means of 
escape complying with 46 CFR 108.151 for use in evacuating the port.
    (b) A primary means of escape consists of a fixed stairway, or a 
fixed ladder, constructed of steel.
    (c) A secondary means of escape consists of a marine evacuation 
system, a portable flexible ladder, a knotted manrope, or a similar 
device determined by the OCMI to provide an equivalent or better means 
of escape.
    (d) Where a secondary means of escape is required, a primary means 
of escape may be substituted.



Sec. 149.692  Where must they be located?

    (a) Each means of escape must be easily accessible to personnel for 
rapidly evacuating the deepwater port.
    (b) When two or more means of escape are installed, at least two 
must be located as nearly diagonally opposite each other as practicable.
    (c) The following spaces, with a floor area of 300 square feet or 
more, must have at least two exits as widely spaced as possible:
    (1) Each accommodation space; and
    (2) Each space that is used on a regular basis, such as a control 
room, machinery room, storeroom, or other space where personnel could be 
trapped in an emergency.
    (d) Structural appendages to the deepwater port that do not have 
living quarters, workshops, offices, or other manned spaces and that 
personnel do not occupy continuously (i.e., pumping platform complex) 
must have at least one primary means of escape and, as determined 
necessary by the OCMI, one or more secondary means of escape.
    (e) When personnel are on an unmanned deepwater port, the port must 
have, in addition to the one primary means of escape, either:
    (1) Another primary means of escape; or
    (2) One or more secondary means of escape for every 10 persons 
onboard at any one time--located in the work areas.
    (f) Structural appendages to an unmanned deepwater port do not 
require a primary or a secondary means of escape, unless the OCMI 
determines that one or more are necessary.
    (g) Each means of escape must extend from the deepwater port's 
uppermost working level, to each successively lower working level, and 
so on to the water surface.

                           Personnel Landings



Sec. 149.693  What are the requirements for personnel landings on manned 
deepwater ports?

    (a) On manned deepwater ports, sufficient personnel landings must be 
provided to assure safe access and egress.
    (b) The personnel landings must be provided with satisfactory 
illumination. The minimum is one foot candle of artificial illumination 
as measured at the landing floor and guards and rails.

                     Guardrails and Similar Devices



Sec. 149.694  What are the requirements for catwalks, floors, and 
openings?

    (a) The configuration and installation of catwalks, floors, and 
openings must comply with 143.110 of this chapter.
    (b) This section does not apply to catwalks, floor or deck areas, 
and openings:
    (1) In areas not normally occupied by personnel; or

[[Page 225]]

    (2) On helicopter landing decks.



Sec. 149.695  What are the requirements for stairways?

    Stairways must have at least two courses of rails. The top course 
must serve as a handrail and be at least 34 inches above the tread.



Sec. 149.696  What are the requirements for a helicopter landing deck 
safety net?

    A helicopter landing deck safety net must comply with 46 CFR 
108.235.

                              Noise Limits



Sec. 149.697  What are the requirements for a noise level survey?

    (a) A survey to determine the maximum noise level during normal 
operations must be conducted in each accommodation space, working space, 
or other space routinely used by personnel. The recognized methodology 
used to conduct the survey must be specified in the survey results. 
Survey results must be kept on the deepwater port or, for an unmanned 
deepwater port, in the owner's principal office.
    (b) The noise level must be measured over 12 hours to derive a time-
weighted-average (TWA) using a sound level meter and an A-weighted 
filter or equivalent device.
    (c) If the noise level throughout a space is determined to exceed 85 
db(A), then signs must be posted with the legend: ``NOISE HAZARD--
HEARING PROTECTORS REQUIRED.'' Signs must be posted at eye level--at 
each entrance to the space.
    (d) If the noise level is determined to exceed 85 db(A) only in a 
portion of a space, the sign described in paragraph (c) of this section 
must be posted within that portion in a location visible from each 
direction of access.
    (e) Working spaces and other areas routinely used by personnel, 
other than accommodation spaces, must be designed to limit the noise 
level in those areas so that personnel wearing hearing protectors may 
hear warning and emergency alarms. If this is not practicable and 
warning and emergency alarms cannot be heard, visual alarms in addition 
to the audible alarms must be installed.

                             Portable Lights



Sec. 149.700  What kind of portable lights may be used on a deepwater 
port?

    Each portable light and its supply cord on a deepwater port must be 
designed for the environment where it is used.



PART 150_DEEPWATER PORTS: OPERATIONS--Table of Contents




                            Subpart A_General

Sec.
150.1 What does this part do?
150.5 Definitions.
150.10 What are the general requirements for operations manuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be given to the 
          Coast Guard?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual.
150.35 How may an adjacent coastal State request an amendment to the 
          operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or the operations 
          manual.
150.50 What are the requirements for a facility spill response plan?

                          Subpart B_Inspections

150.101 What are the requirements for inspecting deepwater ports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receipt of 
          classification society certifications?

                           Subpart C_Personnel

150.200 Who must ensure that port personnel are qualified?
150.205 What are the language requirements for port personnel?
150.210 What are the restrictions on serving in more than one position?
150.250 What training and instruction are required?

                       Subpart D_Vessel Navigation

150.300 What does this subpart do?
150.305 How does this subpart apply to unmanned deepwater ports?
150.310 When is radar surveillance required?
150.320 What advisories are given to tankers?

[[Page 226]]

150.325 What is the first notice required before a tanker enters the 
          safety zone or area to be avoided?
150.330 What is the second notice required before a tanker enters the 
          safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in the safety zone 
          or area to be avoided?
150.345 How are support vessels cleared to move within the safety zone 
          or area to be avoided?
150.350 What are the rules of navigation for support vessels in the 
          safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety zone?
150.380 Under what circumstances may vessels operate within the safety 
          zone or area to be avoided?
150.385 What is required in an emergency?

                   Subpart E_Cargo Transfer Operations

150.400 What does this subpart do?
150.405 How must a Cargo Transfer System (CTS) be tested and inspected?
150.420 What actions must be taken when cargo transfer equipment is 
          defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration of inspection?
150.435 When are cargo transfers not allowed?
150.440 How may the COTP order suspension of cargo transfers?
150.445 When is oil in an SPM-OTS displaced with water?

          Subpart F_Emergency Equipment and Specialty Equipment

150.500 What does this subpart do?

                         Maintenance and Repair

150.501 How must emergency equipment be maintained and repaired?

                     Lifesaving Equipment (General)

150.502 What are the maintenance and repair requirements for lifesaving 
          equipment?

                          Launching Appliances

150.503 What are the time interval requirements for maintenance on 
          survival craft falls?
150.504 When must the operator service and examine lifeboat and rescue 
          boat launching appliances?
150.505 When must the operator service and examine lifeboat and rescue 
          boat release gear?

                    Inflatable Lifesaving Appliances

150.506 When must the operator service inflatable lifesaving appliances 
          and marine evacuation systems?
150.507 How must the operator service inflatable lifesaving appliances?
150.508 What are the maintenance and repair requirements for inflatable 
          rescue boats?

               Operational Tests and Inspections (General)

150.509 How must emergency equipment be tested and inspected?
150.510 How must emergency equipment being tested be operated?
150.511 What are the operational testing requirements for lifeboat and 
          rescue boat release gear?

                   Frequency of Tests and Inspections

150.512 What are the weekly tests and inspections?
150.513 What are the monthly tests and inspections?
150.514 What are the annual tests and inspections?

                             Weight Testing

150.515 What are the requirements for weight-testing of newly installed 
          or relocated craft?
150.516 What are the periodic requirements for weight-testing?
150.517 How are weight tests supervised?

                          Personal Safety Gear

150.518 What are the inspection requirements for work vests and 
          immersion suits?

                  Emergency Lighting and Power Systems

150.519 What are the requirements for emergency lighting and power 
          systems?

                      Fire Extinguishing Equipment

150.520 When must fire extinguishing equipment be tested and inspected?
150.521 What records are required?

                        Miscellaneous Operations

150.530 What may the fire-main system be used for?
150.531 How many fire pumps must be kept ready for use at all times?
150.532 What are the requirements for connection and stowage of fire 
          hoses?
150.540 What are the restrictions on fueling aircraft?
150.550 What are the requirements for the muster list?
150.555 How must cranes be maintained?

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                  Subpart G_Workplace Safety and Health

150.600 What does this subpart do?

                       Safety and Health (General)

150.601 What are the requirements for workplace safety and health on a 
          deepwater port?
150.602 What occupational awareness training is required?
150.603 What emergency response training is required?
150.604 Who controls access to medical monitoring and exposure records?
150.605 What are the procedures for reporting a possible workplace 
          safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the OCMI do?

                      General Workplace Conditions

150.607 What are the general safe working requirements?

                      Personal Protective Equipment

150.608 Who is responsible for ensuring that personnel use or wear 
          protective equipment and are trained in its use?

                              Eyes and Face

150.609 When is eye and face protection required?
150.610 Where must eyewash equipment be located?

                                  Head

150.611 What head protection is required?

                                  Feet

150.612 What footwear is required?

                      Noise and Hearing Protection

150.613 What are the requirements for a noise monitoring and hearing 
          protection survey?

                                Clothing

150.614 When is protective clothing required?

                               Electrical

150.615 What safe practices are required?

                             Lockout/Tagout

150.616 What are the requirements for lockout?
150.617 What are the requirements for tagout?

                         Respiratory Protection

150.618 What are the requirements for respiratory protection?

                               Fall Arrest

150.619 What are the fall arrest system requirements?

                             Machine Guards

150.620 What are the requirements for protecting personnel from 
          machinery?

                                 Slings

150.621 What are the requirements for slings?

                              Warning Signs

150.622 What are the warning sign requirements?

                          Confined Space Safety

150.623 What are the requirements for protecting personnel from hazards 
          associated with confined spaces?

                          Blood-Borne Pathogens

150.624 What are the requirements for protecting personnel from blood-
          borne pathogens?

                      Hazard Communication Program

150.625 What must the hazard communication program contain?
150.626 What is the hazard communication program used for?
150.627 Must material safety data sheets be available to all personnel?
150.628 How must the operator label, tag, and mark a container of 
          hazardous material?

                      Subpart H_Aids to Navigation

150.700 What does this subpart do?
150.705 What are the requirements for maintaining and inspecting aids to 
          navigation?
150.710 What are the requirements for supplying power to aids to 
          navigation?
150.715 What are the requirements for lights used as aids to navigation?
150.720 What are the requirements for sound signals?

                      Subpart I_Reports and Records

150.800 What does this subpart do?

                                 Reports

150.805 What reports must be sent both to a classification society and 
          to the Coast Guard?
150.810 Reporting a problem with an aid to navigation.
150.815 How must casualties be reported?
150.820 When must a written report of casualty be submitted and what 
          must it contain?
150.825 Reporting a diving-related casualty.

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150.830 Reporting a pollution incident.
150.835 Reporting sabotage or a subversive activity.

                                 Records

150.840 What records must be kept?
150.845 Personnel records.
150.850 How long must a declaration of inspection form be kept?

   Subpart J_Safety Zones, No Anchoring Areas, and Areas To Be Avoided

150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas to be 
          avoided established?
150.910 What installations, structures, or activities are prohibited in 
          a safety zone and area to be avoided?
150.915 How are safety zones, no anchoring areas, and areas to be 
          avoided established and modified?
150.920 How is notice given of new or proposed safety zones, no 
          anchoring areas, and areas to be avoided?
150.925 How long may a safety zone, no anchoring area, and area to be 
          avoided last?
150.930 What datum is used for the geographic coordinates in this 
          subpart?
150.940 Safety zones for specific deepwater ports.

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

    Source: USCG-1998-3884, 69 FR 748, Jan. 6, 2004, unless otherwise 
noted.

    Effective Date Note: By USCG-1998-3884, 69 FR 746, Jan. 6, 2004, 
subchapter NN, consisting of parts 148, 149, and 150, was revised, 
effective Jan. 6, 2004 until Oct. 1, 2006.



                            Subpart A_General



Sec. 150.1  What does this part do?

    This part provides requirements for the operation of deepwater 
ports.



Sec. 150.5  Definitions.

    See Sec. 148.5 of this chapter for the definition of certain terms 
used in this part.



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

    (a) Each deepwater port must have an operations manual that 
addresses policies and procedures for normal and emergency operations 
conducted at the port. The operations manual must, at a minimum, include 
the requirements outlined in Sec. 150.15.
    (b) The operations manual is reviewed and approved by the Commandant 
(G-M), who may consult with the local OCMI, as meeting the requirements 
of the Act and this subchapter. The original manual is approved as part 
of the application process in part 148 of this chapter.
    (c) The OCMI may approve subsequent changes to the operations 
manual, provided Commandant (G-M) is notified and consulted regarding 
any significant modifications.
    (d) The manual must be readily available on the deepwater port for 
use by personnel.
    (e) The licensee must ensure that all personnel are trained and 
follow the procedures in the manual while at the deepwater port.



Sec. 150.15  What must the operations manual include?

    The operations manual required by Sec. 150.10 must identify the 
deepwater port and include the information required in this section.
    (a) General information. A description of the geographic location of 
the deepwater port.
    (b) A physical description of the port.
    (c) Engineering and construction information, including all defined 
codes and standards used for the port structure and systems. The 
operator must also include schematics of all applicable systems. 
Schematics must show the location of valves, gauges, system working 
pressure, relief settings, monitoring systems, and other pertinent 
information.
    (d) Communications system. A description of a comprehensive 
communications plan, including:
    (1) Dedicated frequencies;
    (2) Communication alerts/notices between deepwater port and arriving 
and departing vessels; and
    (3) Mandatory time intervals (communication schedules) for 
maintaining a live radio watch and monitoring frequencies for 
communication with vessels and aircraft.
    (e) Facility plan. A plan of the layout of the mooring areas, aids 
to navigation, cargo transfer locations, and control stations.

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    (f) The hours of operation.
    (g) The size, type, number, and simultaneous operations of tankers 
that the port can handle.
    (h) Calculations, with supporting data or other documentation, to 
show that the charted water depth at each proposed mooring location is 
sufficient to provide at least a net under-keel clearance of 5 feet, at 
the mean low water condition.
    (i) Tanker navigation procedures. The procedures for the navigation 
of tankers, including the information required in paragraphs (i)(1) 
through (i)(9) of this section.
    (1) The operating limits, maneuvering capability, draft, net under-
keel clearance, tonnage and dimensions (i.e., length, width and breadth) 
of the tanker to be accommodated at each designated mooring.
    (2) The speed limits proposed for tankers in the safety zone and 
navigation area to be avoided around the port.
    (3) Any special navigation or communication equipment that may be 
required for operating in the safety zone and area to be avoided.
    (4) The measures for routing vessels, including a description of the 
radar navigation system to be used in operation of the deepwater port:
    (i) Type of radar;
    (ii) Characteristics of the radar;
    (iii) Antenna location;
    (iv) Procedures for surveillance of vessels approaching, departing, 
and transiting the safety zone and navigation area to be avoided;
    (v) Advisories to each tanker underway in the safety zone regarding 
the vessel's position, port conditions, and status of adjacent vessel 
traffic;
    (vi) Notices that must be made, as outlined in Sec. 150.325, by the 
tanker master regarding the vessel's characteristics and status; and
    (vii) Rules for navigating, mooring, and anchoring in a safety zone, 
area to be avoided, and anchorage area.
    (5) Any mooring equipment needed to make up to the SPM.
    (6) The procedures for clearing tankers, support vessels, and other 
vessels and aircraft during emergency and routine conditions.
    (7) Weather limits for tankers, including a detailed description of 
the manner of forecasting the wind, wave, and current conditions for:
    (i) Shutdown of cargo transfer operations;
    (ii) Departure of the tanker from the mooring;
    (iii) Prohibition on mooring at the DWP or SPM; and
    (iv) Shutdown of all port operations and evacuation of the port.
    (8) Any special illumination requirements for vessel arrival, 
discharge, and departure operations.
    (9) Any special watch standing requirements for vessel transiting, 
mooring, or while at anchor.
    (j) Personnel. The duties, title, qualifications, and training of 
all port personnel responsible for managing and carrying out the 
following port activities and functions:
    (1) Vessel traffic management;
    (2) Cargo transfer operations;
    (3) Safety and fire-protection;
    (4) Maintenance and repair operations;
    (5) Emergency procedures; and
    (6) Port security.
    (k) The personnel assigned to supervisory positions must be 
designated, in writing, by the licensee and have the appropriate 
experience and training to satisfactorily perform their duties. 
Commandant (G-M) will review and approve the qualifications for all 
proposed supervisory positions.
    (l) Cargo transfer procedures. The procedures for transferring cargo 
must comply with the applicable requirements of parts 154 and 156 for 
oil and subpart B to part 127 for natural gas, respectively, of this 
chapter including the requirements specified in paragraphs (l)(1) 
through (l)(10) of this section.
    (1) The requirements for oil transfers in accordance with subpart A 
to part 156 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment (i.e., hoses, 
connectors, closure devices, monitoring devices, and containment);
    (iii) Connecting and disconnecting of transfer equipment, including 
to a floating hose string for a single-point mooring;

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    (iv) Preparation of the Declaration of Inspection (DOI); and
    (v) Supervision by a Person in Charge (PIC).
    (2) The requirements for natural gas transfers in accordance with 
subpart B to part 127 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment (i.e., hoses, 
connectors, closure devices, leak monitoring devices, and containment);
    (iii) Connecting and disconnecting of transfer equipment, including 
to a floating hose string for a SPM;
    (iv) Purging of line to test for leaks and in preparation for cool 
down or heat up phases as appropriate;
    (v) Preparation of the Declaration of Inspection (DOI); and
    (vi) Supervision by a port PIC.
    (3) The shipping name of, and Material Safety Data Sheet on, the 
product(s) transferred.
    (4) The duties, title, qualifications, and training of personnel of 
the port designated as the PIC and responsible for managing cargo 
transfers (including ballasting operations if applicable to the port), 
in accordance with subpart D of part 154 for oil and subpart B 
(Operations) of part 127 for natural gas, respectively of this chapter.
    (5) Minimum requirements for watch personnel onboard the vessel 
during transfer operations (i.e., personnel necessary for checking 
mooring gear, monitoring communications and having propulsion/steering 
on standby).
    (6) The start-up and completion of pumping.
    (7) Emergency shutdown.
    (8) The maximum relief valve settings, the maximum available working 
pressure and hydraulic shock to the system without relief valves, or 
both.
    (9) Equipment necessary to discharge cargo to the port complex 
without harm to the environment or to persons involved in the cargo 
transfer, including piping, adapters, bolted flanges and quick 
disconnect coupling.
    (10) Describing the method to be used to water and de-water the SPM 
hoses when required.
    (m) Unusual arrangements that may be applicable, including:
    (1) A list and description of any extraordinary equipment or 
assistance available to vessels with inadequate pumping capacity, small 
cargoes, small diameter piping, or inadequate crane capacity; and
    (2) A description of special storage or delivery arrangements for 
unusual cargoes (i.e., cool down requirements for transfer system 
components prior to transfer of LNG).
    (n) Maintenance procedures. A maintenance program to document 
service and repair of:
    (1) Cargo transfer equipment;
    (2) Firefighting and Fire protection equipment;
    (3) Safety equipment; and
    (4) Cranes.
    (o) Occupational health and safety training procedures. Policy and 
procedures to address occupational health and safety requirements 
outlined in Sec. Sec. 150.600 to 150.632 of this subpart, including:
    (1) Employee training in safety and hazard awareness and proper use 
of personnel protective equipment;
    (2) Physical safety measures in the workplace (i.e., housekeeping 
and illumination of walking and working areas);
    (3) Fall arrest;
    (4) Personnel transfer nets;
    (5) Hazard communication (Right to Know);
    (6) Permissible exposure limits (PEL);
    (7) Machine guarding;
    (8) Electrical safety;
    (9) Lockout/Tagout;
    (10) Crane safety;
    (11) Sling usage;
    (12) Hearing conservation;
    (13) Hot work;
    (14) Warning signs;
    (15) Confined space safety; and
    (16) Initial and periodic training and certification will be 
documented for each port employee and for visitors where appropriate 
(e.g., safety orientation training).
    (p) Emergency procedures. Emergency internal and external 
notification procedures:
    (1) Names and numbers of key port personnel; and
    (2) Names and numbers of law enforcement and response agencies.

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    (q) Quantity, type, location, and use of safety and fire-protection 
equipment, including fire plan.
    (r) Aerial operations (helicopter landing pad procedures).
    (s) Port response procedures for:
    (1) Fire;
    (2) Reportable product spill;
    (3) Personnel injury (including confined space rescue); and
    (4) Terrorist activity (see Port Security Plan).
    (t) Designation of and assignment of port personnel to response 
teams for specific contingencies.
    (u) Individual and team training for incident response (in 
accordance with 46 CFR 109.213) as specified in paragraphs (u)(1) 
through (u)(3) of this section.
    (1) Care and use of equipment.
    (2) Emergency drills and response:
    (i) Types;
    (ii) Frequency (at least annually); and
    (iii) Documentation (records, reports and dissemination of ``lessons 
learned'').
    (3) Documentation of minimum training requirements for response team 
members:
    (i) Marine firefighting training;
    (ii) First Aid/CPR;
    (iii) Water survival;
    (iv) Spill response and clean-up;
    (v) Identification of at least one employee trained and certified at 
the level of an Emergency Medical Technician-Basic; and
    (vi) Identification of at least two employees trained and certified 
as offshore competent persons in prevention of inadvertent entry into 
hazardous confined spaces.
    (v) Deepwater port security procedures. A deepwater port security 
plan that addresses security issues, including, but not limited to:
    (1) Controlling access of personnel and the introduction of goods 
and material into the port;
    (2) Monitoring and alerting vessels that approach or enter the 
port's security zone;
    (3) Identifying risks and procedures for increasing the probability 
of detecting and deterring terrorist or subversive activity (such as 
using security lighting and designating restricted areas within the port 
and remotely alarming them, as appropriate);
    (4) Notification requirements (both internally and externally) and 
response requirements in the event of a perceived threat or an attack on 
the port;
    (5) Designating the Port Security Officer, providing positive and 
verifiable identification of personnel with access to the port;
    (6) The training (including drills) required for all personnel 
regarding security issues; and
    (7) The scalability of actions and procedures for the various levels 
of threat. Deepwater port operators should ensure that security plans 
address or are comparable to the key security plan elements provided in 
33 CFR part 106.
    (w) Procedures for any special operations, including:
    (1) Evacuation and re-manning procedures;
    (2) Refueling operations;
    (3) Diving operations;
    (4) Support vessel operations; and
    (5) Providing logistical services.
    (x) Recordkeeping of maintenance procedures, tests, and emergency 
drills outlined elsewhere in the operations manual.
    (y) Environmental monitoring procedures. A program for monitoring 
the environmental effects of the port and its operations in order to 
maintain compliance with the environmental conditions in the license and 
applicable environmental laws.
    (1) Routine periodic re-examination of the physical, chemical, and 
biological factors contained in the port's environmental impact analysis 
and baseline study submitted with the license application. The 
examination process must include water and air monitoring in accordance 
with appropriate Federal and State statutes.
    (2) A more detailed study may be required in the wake of an event 
such as an inadvertent release.



Sec. 150.20  How many copies of the operations manual must be given 
to the Coast Guard?

    The draft operations manual will be included as part of the 
application submission. After a license has been issued and approval of 
the final operations manual is granted, the licensee must

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give the Commandant (G-M) at least five copies and five copies of each 
subsequent amendment to the manual.



Sec. 150.25  Amending the operations manual.

    (a) Whenever the cognizant COTP finds that the operations manual 
does not meet the requirements of this part, the COTP notifies the 
licensee, in writing, of the inadequacies in the manual.
    (b) Within 45 days after the notice under paragraph (a) of this 
section is sent, the licensee must submit written proposed amendments to 
eliminate the inadequacies.
    (c) The cognizant COTP reviews the amendments and makes a 
determination as to the adequacy of the amendments and notifies the 
licensee of the determination.
    (d) If the COTP decides that an amendment is necessary, the 
amendment goes into effect 60 days after the COTP notifies the licensee 
of the amendment.
    (e) The licensee may petition the Commandant (G-M), via the 
appropriate district office, to review the decision of the COTP. In this 
case, the effective date of the amendment is delayed pending the 
Commandant's decision. Petitions must be made (in writing) and presented 
to the COTP for forwarding to the Commandant (G-M).
    (f) If the COTP finds that a particular situation requires immediate 
action to prevent a spill or discharge, or to protect the safety of life 
and property, the COTP may issue an amendment effective on the date that 
the licensee receives it. The COTP must include a brief statement of the 
reasons for the immediate amendment. The licensee may petition the 
District Commander for review, but the petition does not delay the 
effective date of the amendment.



Sec. 150.30  Proposing an amendment to the operations manual.

    (a) The licensee may propose an amendment to the operations manual:
    (1) By submitting (in writing) the amendment and reasons for the 
amendments to the COTP not less than 30 days before the requested 
effective date of the amendment; or
    (2) If the amendment is needed immediately, by submitting the 
amendment, and reasons why the amendment is needed immediately, to the 
COTP in writing.
    (b) The COTP responds to a proposed amendment by notifying the 
licensee, in writing, before the requested date of the amendment whether 
the request is approved. If the request is disapproved, the COTP 
includes the reasons for disapproval in the notice. If the request is 
for an immediate amendment, the COTP responds as soon as possible.



Sec. 150.35  How may an adjacent coastal State request an amendment to 
the operations manual?

    (a) An adjacent coastal State connected by pipeline to the deepwater 
port may petition the cognizant COTP to amend the operations manual. The 
petition must include sufficient information to allow the COTP to reach 
a decision concerning the proposed amendment.
    (b) After the COTP receives a petition, the COTP requests comments 
from the licensee.
    (c) After reviewing the petition and comments, and considering the 
costs and benefits involved, the COTP may approve the petition if the 
proposed amendment will provide equivalent or improved protection and 
safety. The adjacent coastal State may petition the Commandant (G-M) to 
review the decision of the COTP. Petitions must be made in writing and 
presented to the COTP for forwarding to the Commandant (G-M) via the 
District Commander.



Sec. 150.40  Deviating from the operations manual.

    If, because of a particular situation, the licensee needs to deviate 
from the operations manual, the licensee must submit a written request 
to the COTP explaining why the deviation is necessary and what 
alternative is proposed. If the COTP determines that the deviation would 
ensure equivalent or greater protection and safety, the COTP authorizes 
the deviation and notifies the licensee in writing.

[[Page 233]]



Sec. 150.45  Emergency deviation from this subchapter or the operations 
manual.

    In an emergency, any person may deviate from any requirement in this 
subchapter, or any procedure in the operations manual, to ensure the 
safety of life, property, or the environment. Each deviation must be 
reported to the COTP at the earliest possible time.



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

    (a) Each deepwater port, which meets the applicability requirements 
of part 154, subpart F, of this chapter must have a Facility Response 
Plan and be approved by the COTP.
    (b) Each natural gas deepwater port must have a natural gas facility 
emergency plan that meets part 127, subpart B of this chapter.
    (c) The response plan must be submitted to the COTP, in writing, not 
less than 60 days before the deepwater port begins operation.



                          Subpart B_Inspections



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

    Under the direction of the OCMI, marine inspectors may inspect 
deepwater ports to determine whether the requirements of this subchapter 
are met. A marine inspector may conduct an inspection, with or without 
advance notice, at any time the COTP deems necessary, and may coincide 
with receipt of the annual self-inspection report from the operator to 
ensure stated conditions are accurate.



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

    (a) The owner or operator of each manned deepwater port must ensure 
that the port is inspected, at intervals of no more than 12 months, to 
determine whether the facility is in compliance with the requirements of 
this subchapter. The inspection may be conducted within 2 months after 
the date the inspection is due. However, the inspection is credited as 
of 12 months after the previous due date.
    (b) The owner or operator must record and submit the results of the 
annual self-inspection to the COTP within 30 days after completion of 
the inspection. The report must include a description of any failure and 
scope of repairs made to components or equipment, in accordance with the 
requirements in Subpart I to this part, other than the primary 
lifesaving or firefighting or transfer equipment.



Sec. 150.110  What are the notification requirements upon receipt of 
classification society certifications?

    The licensee must notify the COTP, in writing, upon receipt of a 
classification society certification, interim class certificate, or SPM 
classification certificate.



                           Subpart C_Personnel



Sec. 150.200  Who must ensure that port personnel are qualified?

    The licensee must ensure that the individual filling a position 
meets the qualifications for that position as outlined in the operations 
manual.



Sec. 150.205  What are the language requirements for port personnel?

    Only persons who read, write, and speak English may occupy the 
essential management positions outlined in the operations manual.



Sec. 150.210  What are the restrictions on serving in more than one 
position?

    No person may serve in more than one of the essential management 
positions outlined in the operations manual at any one time.



Sec. 150.225  What training and instruction are required?

    Personnel must receive training and instruction commensurate with 
the position they hold. Procedures for documenting employee training 
must be outlined in the operations manual.



                       Subpart D_Vessel Navigation



Sec. 150.300  What does this subpart do?

    This subpart supplements the international navigation rules in 
subchapter D of this chapter, and prescribes requirements that:
    (a) Apply to the navigation of all vessels at or near a deepwater 
port; and

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    (b) Apply to all vessels while in a safety zone, area to be avoided, 
or no anchoring area.



Sec. 150.305  How does this subpart apply to unmanned deepwater ports?

    The master of any tanker calling at an unmanned deepwater port is 
responsible for the safe navigation of the vessel to and from the port 
and for the required notifications in Sec. 150.325. Once the tanker is 
connected to the unmanned deepwater port, the master must maintain radar 
surveillance in compliance with the requirements of Sec. 150.310.



Sec. 150.310  When is radar surveillance required?

    A manned deepwater port's person in charge of vessel operations must 
maintain radar surveillance of the safety zone or area to be avoided 
when:
    (a) A tanker is proceeding to the safety zone after submitting the 
report required in Sec. 150.325;
    (b) A tanker or support vessel is underway in the safety zone or 
area to be avoided;
    (c) A vessel other than a tanker or support vessel is about to enter 
or is underway in the safety zone or area to be avoided; or
    (d) As described in the port security plan.



Sec. 150.320  What advisories are given to tankers?

    A manned deepwater port's person in charge of vessel operations must 
advise the master of each tanker underway in the safety zone or area to 
be avoided of the following:
    (a) At intervals not exceeding 10 minutes, the vessel's position by 
range and bearing from the pumping platform complex; and
    (b) The position and the estimated course and speed, if moving, of 
all other vessels that may interfere with the movement of the tanker 
within the safety zone or area to be avoided.



Sec. 150.325  What is the first notice required before a tanker enters 
the safety zone or area to be avoided?

    (a) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must comply with the notice of arrival (NOA) 
requirements in subpart C of part 160 of this chapter. The NOA will be 
submitted to the National Vessel Movement Center (NVMC) that was 
established in October 2001 to track arrival information from vessels 
entering U.S. waters.
    (b) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must report the pertinent information 
required in Sec. 150.15(i)(4)(vi) for the vessel including:
    (1) The name, gross tonnage, and draft of the tanker;
    (2) The type and amount of cargo in the tanker;
    (3) The location of the tanker at the time of the report;
    (4) Any conditions on the tanker that may impair its navigation, 
such as fire or malfunctioning propulsion, steering, navigational, or 
radiotelephone equipment. The testing requirements in Sec. 164.25 of 
this chapter are applicable to vessels arriving at a deepwater port;
    (5) Any leaks, structural damage, or machinery malfunctions that may 
impair cargo transfer operations or cause a product discharge; and
    (6) The operational condition of the equipment listed under Sec. 
164.35 of this chapter on the tanker.
    (c) If the estimated time of arrival changes by more than 6 hours 
from the last reported time, the NVMC and the port's person in charge of 
vessel operations must be notified of the correction as soon as the 
change is known.
    (d) If the information reported in paragraphs (b)(4) or (b)(5) of 
this section changes at any time before the tanker enters the safety 
zone or area to be avoided at the deepwater port, or while the tanker is 
in the safety zone or area to be avoided, the master of the tanker must 
report the changes to the NVMC and port's person in charge of vessel 
operations as soon as possible.



Sec. 150.330  What is the second notice required before a tanker enters 
the safety zone or area to be avoided?

    When a tanker bound for a manned deepwater port is 20 miles from 
entering the port's safety zone or area to be avoided, the master of the 
tanker must notify the port's person in charge of

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vessel operations of the tanker's name and location.



Sec. 150.340  What are the rules of navigation for tankers in the safety 
zone or area to be avoided?

    (a) A tanker must enter or depart the port's safety zone or area to 
be avoided in accordance with the navigation procedures in the port's 
approved operations manual as described in Sec. 150.15(i).
    (b) A tanker must not anchor in the safety zone or area to be 
avoided, except in a designated anchorage area.
    (c) A tanker may not enter a safety zone or area to be avoided in 
which another tanker is present, unless it has been cleared by the 
person in charge of the port and no other tankers are underway.
    (d) A tanker must not operate, anchor, or moor in any area of the 
safety zone or area to be avoided in which the net under-keel clearance 
would be less than 5 feet.



Sec. 150.345  How are support vessels cleared to move within the safety 
zone or area to be avoided?

    All movements of support vessels within a manned deepwater port's 
safety zone or area to be avoided must be cleared in advance by the 
port's person in charge of vessel operations.



Sec. 150.350  What are the rules of navigation for support vessels in 
the safety zone or area to be avoided?

    A support vessel must not anchor in the safety zone or area to be 
avoided, except:
    (a) In an anchorage area; or
    (b) For vessel maintenance, which, in the case of a manned deepwater 
port, must be cleared by the port's person in charge of vessel 
operations.



Sec. 150.355  How are other vessels cleared to move within the safety 
zone?

    (a) Clearance by a manned deepwater port's person in charge of 
vessel operations is required before a vessel, other than a tanker or 
support vessel, enters the safety zone.
    (b) The port's person in charge of vessel operations may clear a 
vessel under paragraph (a) of this section only if its entry into the 
safety zone would not:
    (1) Interfere with the purpose of the deepwater port;
    (2) Endanger the safety of life or property or the environment; or
    (3) Be prohibited by regulation.
    (c) At an unmanned deepwater port, such as a submerged turret 
landing (STL) system, paragraphs (a) and (b) of this section would apply 
once a tanker connects to the STL buoy.



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

    (a) Table 150.380(a) of this section lists the areas within a safety 
zone and area to be avoided where a vessel may operate and the clearance 
needed for that location.

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[GRAPHIC] [TIFF OMITTED] TR06JA04.010

    (b) If the activity is not listed in table 150.380(a) of this 
section, or is not otherwise provided for in this subpart, the COTP's 
permission is required first.



Sec. 150.385  What is required in an emergency?

    In an emergency, for the protection of life or property, a vessel 
may deviate from a vessel movement requirement in this subpart without 
clearance from a manned deepwater port's person in charge of vessel 
operations if the master advises the port PIC of the reasons for the 
deviation at the earliest possible moment.



                   Subpart E_Cargo Transfer Operations



Sec. 150.400  What does this subpart do?

    This subpart prescribes rules that apply to the transfer of oil or 
natural gas at a deepwater port.



Sec. 150.405  How must a Cargo Transfer System (CTS) be tested and 
inspected?

    (a) No person may transfer oil or natural gas through a CTS at a 
deepwater port unless it has been inspected and tested according to this 
section.
    (b) The SPM-CTS must be maintained as required by the design 
standards used to comply with Sec. 149.650 of this chapter.
    (c) If the manufacturer's maximum pressure rating for any cargo 
transfer hose in a SPM-CTS has been exceeded

[[Page 237]]

(unless it was exceeded for testing required by this section), the hose 
must be:
    (1) Removed;
    (2) Hydrostatically tested to 1.5 times its maximum working pressure 
for oil or 1.1 times its maximum working pressure for natural gas; and
    (3) Visually examined externally and internally for evidence of:
    (i) Leakage;
    (ii) Loose covers;
    (iii) Kinks;
    (iv) Bulges;
    (v) Soft spots; and
    (vi) Gouges, cuts, or slashes that penetrate the hose reinforcement.
    (d) Each submarine hose used in cargo transfer operations in a SPM-
CTS must have been removed from its coupling, surfaced, and examined as 
described in paragraphs (c)(2) and (c)(3) of this section within the 
preceding 2 years for oil or 15 months for natural gas; and
    (e) Before resuming cargo transfer operations, each submarine hose 
in a SPM-CTS must be visually examined in place as described in 
paragraph (c)(3) of this section after cargo transfer operations are 
shut down due to sea conditions at the deepwater port.



Sec. 150.420  What actions must be taken when cargo transfer equipment 
is defective?

    When any piece of equipment involved in cargo transfer operations 
(oil or natural gas) is defective:
    (a) The piece of equipment must be replaced or repaired before 
making any further cargo transfers; and
    (b) The repaired or replaced piece must meet or exceed its original 
specifications. Repairs must be conducted in accordance with the port-
specific maintenance program outlined in the operations manual, and that 
program must provide for the repair of natural gas transfer hoses in 
accordance with Sec. 127.405 of this chapter.



Sec. 150.425  What are the requirements for transferring cargo?

    Cargo transfer procedures must be outlined in the port operations 
manual and must provide:
    (a) Oil transfer procedures that accord with Sec. 156.120 of this 
chapter; and
    (b) Natural gas transfer procedures that accord with Sec. Sec. 
127.315, 127.317 and 127.319 of this chapter.



Sec. 150.430  What are the requirements for a declaration of inspection?

    (a) No person may transfer cargo from a tanker to a manned deepwater 
port unless a declaration of inspection complying with Sec. 156.150(c) 
(for oil) or Sec. 127.317 (for natural gas) of this chapter has been 
filled out and signed by the vessel's officer in charge of cargo 
transfer and the person in charge of cargo transfer for the deepwater 
port.
    (b) Before signing a declaration of inspection, the vessel's officer 
in charge of cargo transfer must inspect the tanker; the person in 
charge of cargo transfer for the deepwater port must inspect the 
deepwater port. They must indicate, by initialing each item on the 
declaration of inspection form, that the tanker and deepwater port 
comply with Sec. 156.150 (for oil) or Sec. 127.317 (for natural gas) 
of this chapter.



Sec. 150.435  When are cargo transfers not allowed?

    No person may transfer cargo at a deepwater port:
    (a) When the person in charge of cargo transfer is not on duty at 
the port;
    (b) During an electrical storm in the port's vicinity;
    (c) During a fire at the port, at the onshore receiving terminal, or 
aboard a vessel berthed at the port, unless the person in charge of 
cargo transfer determines that a cargo transfer should be resumed as a 
safety measure;
    (d) When a leak develops of a sufficient quantity for product to 
accumulate in the cargo containment underneath the manifold or piping;
    (e) When there are not enough personnel and equipment at the port 
dedicated to contain and remove the discharges or perform the emergency 
response functions as required in the port's response plan under part 
154 (for oil), or emergency plan under part 127 (for natural gas) of 
this chapter;
    (f) Whenever the emergency shutdown system should have activated but 
failed to do;

[[Page 238]]

    (g) By lighterage, except in bunkering operations, unless otherwise 
authorized by the COTP;
    (h) When the weather at the port does not meet the minimum operating 
conditions for cargo transfers as defined in the port's operations 
manual; or
    (i) When prescribed by the Port Security Plan under heightened 
security conditions at the port or its adjacent areas, or on vessels 
calling on or serving the port.



Sec. 150.440  How may the COTP order suspension of cargo transfers?

    (a) In case of emergency, the COTP may order the suspension of cargo 
transfers at a port to prevent the discharge, or threat of discharge, of 
oil or natural gas or to protect the safety of life and property.
    (b) An order of suspension may be made effective immediately.
    (c) The order of suspension must state the reasons for the 
suspension.
    (d) The licensee may petition the District Commander, in writing, or 
by any means if the suspension is effective immediately, to reconsider 
the order of suspension. The decision of the District Commander is 
considered final agency action.



Sec. 150.445  When is oil in an SPM-OTS displaced with water?

    (a) The Port Superintendent must ensure that the oil in an SPM-OTS 
is displaced with water and that the valve at the pipeline end manifold 
is closed whenever:
    (1) A storm warning is received forecasting weather conditions that 
will exceed the design operating criteria listed in the operations 
manual for the SPM-OTS;
    (2) A vessel is about to depart the SPM because of storm conditions; 
or
    (3) The SPM is not scheduled for use in an oil transfer operation 
within the next 7 days.
    (b) The Port Engineer will not be required to perform this 
requirement, provided it can be demonstrated to the OCMI, that a 
satisfactory alternative means of safely securing all cargo transfer 
hoses can be implemented in the event of severe weather conditions.



               Subpart F_Emergency and Specialty Equipment



Sec. 150.500  What does this subpart do?

    This subpart concerns requirements for maintenance, repair, and 
operational testing of emergency and specialty equipment at a deepwater 
port.

                         Maintenance and Repair



Sec. 150.501  How must emergency equipment be maintained and repaired?

    All lifesaving, firefighting, and other emergency equipment at a 
deepwater port, including additional equipment not required to be 
onboard the deepwater port, must be maintained in good working order and 
repaired according to the port's planned maintenance program and the 
requirements outlined in this subpart.

                     Lifesaving Equipment (General)



Sec. 150.502  What are the maintenance and repair requirements for 
lifesaving equipment?

    (a) Each deepwater port must have onboard, or in the operator's 
principal office in the case of an unmanned port, the manufacturer's 
instructions for performing onboard maintenance and repair of the port's 
lifesaving equipment. The instructions must include the following for 
each item of equipment, as applicable:
    (1) Instructions for maintenance and repair;
    (2) A checklist for use when carrying out the monthly inspections 
required under Sec. 150.513;
    (3) A schedule of periodic maintenance;
    (4) A diagram of lubrication points with the recommended lubricants;
    (5) A list of replaceable parts;
    (6) A list of sources of spare parts; and
    (7) A log for records of inspections and maintenance.
    (b) In lieu of the manufacturer's instructions required under 
paragraph (a) of this section, the deepwater port may have its own 
onboard planned maintenance program for maintenance and repair that is 
equivalent to the procedures recommended by the equipment manufacturer.

[[Page 239]]

    (c) The deepwater port must have designated a person in charge of 
ensuring that maintenance and repair is carried out in accordance with 
the instructions required in paragraph (a) of this section.
    (d) If deficiencies in the maintenance or condition of lifesaving 
equipment are identified, the OCMI may review the instructions under 
paragraph (a) of this section and require appropriate changes to the 
instructions or operations to provide for adequate maintenance and 
readiness of the equipment.
    (e) When lifeboats, rescue boats, and liferafts are not fully 
operational because of ongoing maintenance or repairs, there must be a 
sufficient number of fully operational lifeboats and liferafts available 
for use to accommodate all persons on the deepwater port.
    (f) Except in an emergency, repairs or alterations affecting the 
performance of lifesaving equipment must not be made without notifying 
the OCMI in advance. The person in charge must report emergency repairs 
or alterations to lifesaving equipment to the OCMI, as soon as 
practicable.
    (g) The person in charge must ensure that spare parts and repair 
equipment are provided for each lifesaving appliance and component 
subject to excessive wear or consumption.

                          Launching Appliances



Sec. 150.503  What are the time interval requirements for maintenance 
on survival craft falls?

    (a) Each fall used in a launching device for survival craft or 
rescue boats must be turned end-for-end at intervals of not more than 30 
months.
    (b) Each fall must be replaced by a new fall when deteriorated or at 
intervals of not more than 5 years, whichever is earlier.
    (c) A fall that cannot be turned end-for-end under paragraph (a) of 
this section must be carefully inspected between 24 and 30 months after 
its installation. If the inspection shows that the fall is faultless, 
the fall may be continued in service up to 4 years after its 
installation. It must be replaced by a new fall 4 years after 
installation.



Sec. 150.504  When must the operator service and examine lifeboat and 
rescue boat launching appliances?

    (a) The operator must service launching appliances for lifeboats and 
rescue boats at intervals recommended in the manufacturer's instructions 
under Sec. 150.502(a), or deepwater port's planned maintenance program 
under Sec. 150.502(b).
    (b) The operator must thoroughly examine launching appliances for 
lifeboats and rescue boats at intervals not to exceed 5 years. Upon 
completion of the examination, the operator must subject the winch 
brakes of the launching appliance to a dynamic test.



Sec. 150.505  When must the operator service and examine lifeboat and 
rescue boat release gear?

    (a) The operator must service lifeboat and rescue boat release gear 
at intervals recommended in the manufacturer's instructions under Sec. 
150.502(a), or deepwater port's planned maintenance program under Sec. 
150.502(b).
    (b) The operator must subject lifeboat and rescue boat release gear 
to a thorough examination at each inspection for certification by 
personnel trained in examining the gear.

                    Inflatable Lifesaving Appliances



Sec. 150.506  When must the operator service inflatable lifesaving 
appliances and marine evacuation systems?

    (a) The operator must service each inflatable lifejacket, hybrid 
inflatable lifejacket, and marine evacuation system at intervals of 1-
year after its initial packing. The operator may delay the servicing up 
to 5 months to meet the next scheduled inspection of the deepwater port.
    (b) The operator must service each inflatable liferaft no later than 
the month and year on its servicing sticker under 46 CFR 160.151-
57(m)(3)(ii), except that the operator may delay servicing up to 5 
months to meet the next scheduled inspection of the deepwater port. The 
operator must also service each inflatable liferaft:
    (1) Whenever the container of the raft is damaged; or
    (2) Whenever the container straps or seals are broken.

[[Page 240]]



Sec. 150.507  How must the operator service inflatable lifesaving 
appliances?

    (a) The operator must service each inflatable life raft according to 
46 CFR part 160, subpart 160.151.
    (b) The operator must service each inflatable lifejacket according 
to 46 CFR part 160, subpart 160.176.
    (c) The operator must service each hybrid inflatable lifejacket 
according to the owner's manual and the procedures in 46 CFR part 160, 
subpart 160.077.



Sec. 150.508  What are the maintenance and repair requirements for 
inflatable rescue boats?

    The operator must perform the maintenance and repair of inflatable 
rescue boats according to the manufacturer's instructions.

               Operational Tests and Inspections (General)



Sec. 150.509  How must emergency equipment be tested and inspected?

    All lifesaving, firefighting, and other emergency equipment at a 
deepwater port must be tested and inspected per this subpart.



Sec. 150.510  How must emergency equipment being tested be operated?

    The equipment must be operated under the operating instructions of 
the equipment's manufacturer when tests or inspections include 
operational testing of emergency equipment.



Sec. 150.511  What are the operational testing requirements for 
lifeboat and rescue boat release gear?

    (a) Lifeboat and rescue boat release gear must be operationally 
tested under a load of 1.1 times the total mass of the lifeboat or 
rescue boat when loaded with its full complement of persons and 
equipment.
    (b) The test must be conducted whenever the lifeboat, rescue boat, 
or their release gear is overhauled or at least once every 5 years.
    (c) The OCMI may consider alternate operational test procedures to 
those under paragraph (a) of this section.

                   Frequency of Tests and Inspections



Sec. 150.512  What are the weekly tests and inspections?

    The required weekly tests and inspections of lifesaving equipment 
are as follows:
    (a) The operator must visually inspect each survival craft, rescue 
boat, and launching device to ensure its readiness for use;
    (b) The operator must test the general alarm system; and
    (c) The operator must test for readiness of the engine, starting 
device, and communications equipment of each lifeboat and rescue boat 
according to the manufacturer's instructions.



Sec. 150.513  What are the monthly tests and inspections?

    (a) The operator must inspect monthly each item of lifesaving 
equipment under Sec. 150.502(b) to this subpart, to ensure that the 
equipment is complete and in good order. The operator must keep on the 
deepwater port (or in the operator's principal office, in the case of an 
unmanned deepwater port) a report of the inspection that includes a 
statement as to the condition of the equipment, and make the report 
available for review by the Coast Guard.
    (b) The operator must test monthly each Emergency Position 
Indicating Radio Beacon (EPIRB) and each Search and Rescue Transponder 
(SART), other than an EPIRB or SART in an inflatable liferaft. The 
operator must test the EPIRB using the integrated test circuit and 
output indicator to determine whether the EPIRB is operational.



Sec. 150.514  What are the annual tests and inspections?

    At least annually the operator must:
    (a) Strip, clean, thoroughly inspect, and, if needed, repair each 
lifeboat, rescue boat, and liferaft. At that time, the operator must 
empty, clean, and refill with fresh fuel each fuel tank;
    (b) Thoroughly inspect and, if needed, repair each davit, winch, 
fall, and other launching device;
    (c) Check each item of lifesaving equipment and replace any item 
that is marked with an expiration date that has passed;

[[Page 241]]

    (d) Check each battery used in an item of lifesaving equipment and 
replace any battery that is marked with an expiration date that has 
passed; and
    (e) Replace any battery that is not marked with an expiration date 
if that battery is used in an item of lifesaving equipment, except for a 
storage battery used in a lifeboat or rescue boat.
    (f) The requirements in this section do not relieve the person in 
charge of the requirement to keep the equipment ready for immediate use.

                             Weight-Testing



Sec. 150.515  What are the requirements for weight-testing of newly 
installed or relocated craft?

    (a) The operator must perform installation weight-testing according 
to 46 CFR 199.45(a)(1) on each new lifeboat, rescue boat, and davit-
launched liferaft system.
    (b) The operator must conduct installation weight-tests, according 
to paragraph (a) of this section, when survival crafts are relocated to 
another deepwater port.



Sec. 150.516  What are the periodic requirements for weight-testing?

    The operator must weight-test, according to 46 CFR 199.45(a)(1), 
each lifeboat, davit-launched liferaft, and rescue boat every time a 
fall is replaced or turned end-for-end.



Sec. 150.517  How are weight tests supervised?

    (a) The installation and periodic tests required by 150.515 and 
150.516 of this subpart must be supervised by a person familiar with 
lifeboats, davit-launched liferafts, rescue boats, and with the test 
procedures under those sections.
    (b) The person supervising the tests must attest, in writing, that 
the tests have been performed according to Coast Guard regulations. The 
operator must keep a copy of the supervisor's attesting statement 
onboard the deepwater port (or in the operator's principal office, in 
the case of an unmanned deepwater port) and make it available to the 
OCMI.

                          Personal Safety Gear



Sec. 150.518  What are the inspection requirements for work vests and 
immersion suits?

    (a) All work vests and immersion suits must be inspected by the 
owner or operator pursuant to Sec. 150.105 of this part, to determine 
whether they are in serviceable condition.
    (b) If a work vest or immersion suit is inspected and is in 
serviceable condition, then it may be continued in service. If not, then 
it must be removed from the deepwater port.

                  Emergency Lighting and Power Systems



Sec. 150.519  What are the requirements for emergency lighting and power 
systems?

    (a) The operator must test and inspect the emergency lighting and 
power systems at least once each week to determine if they are in proper 
operating condition. If they are not in proper operating condition, then 
the operator must repair or replace their defective parts.
    (b) The operator must test under load each emergency generator 
driven by an internal combustion engine that is used for an emergency 
lighting and power system at least once in each month for a minimum of 2 
hours.
    (c) The operator must test each storage battery for the emergency 
lighting and power systems, at least once in each 6 months, to 
demonstrate the ability of the batteries to supply the emergency loads 
for an 8-hour period. The operator must follow the manufacturer's 
instructions in performing the battery test to ensure the batteries are 
not damaged during testing.

                      Fire Extinguishing Equipment



Sec. 150.520  When must fire extinguishing equipment be tested and 
inspected?

    The operations manual must specify how and when the operator will 
test and inspect each hand-portable fire extinguisher, semi-portable 
fire extinguisher, and fixed fire-extinguishing system. These 
specifications must accord with 46 CFR 31.10-18.

[[Page 242]]



Sec. 150.521  What records are required?

    (a) The operator must maintain a record of each test and inspection 
under Sec. 150.520 on the deepwater port (or in the operator's 
principal office, in the case of an unmanned deepwater port) for at 
least 2 years.
    (b) The record must show:
    (1) The date of each test and inspection;
    (2) The number or other identification of each fire extinguisher or 
system tested or inspected; and
    (3) The name of the person who conducted the test or inspection and 
the name of the company that person represents.

                        Miscellaneous Operations



Sec. 150.530  What may the fire-main system be used for?

    The fire-main system may be used only for firefighting and for deck 
washing, unless it is capable of being isolated and can provide the 
applicable minimum pressures required outlined in Sec. 149.416 of this 
chapter.



Sec. 150.531  How many fire pumps must be kept ready for use at all times?

    At least one of the fire pumps required by this subchapter must be 
kept ready for use at all times.



Sec. 150.532  What are the requirements for connection and stowage of 
fire hoses?

    (a) At least one length of fire-hose, with a combination nozzle, 
must be connected to each fire hydrant at all times. If in a location 
exposed to the weather, the fire-hose may be removed from the hydrant 
during freezing weather.
    (b) When not in use, fire-hose connected to a fire hydrant must be 
stowed on a hose rack.
    (c) The hydrant nearest the edge of a deck must have enough lengths 
of fire-hose connected to it to allow 10 feet of hose, when pressurized, 
to curve over the edge.



Sec. 150.540  What are the restrictions on fueling aircraft?

    If the deepwater port is not equipped with a permanent fueling 
facility, the COTP's approval is necessary before aircraft may be fueled 
at the port.



Sec. 150.550  What are the requirements for the muster list?

    (a) A muster list must be posted on each pumping platform complex.
    (b) The muster list must:
    (1) List the name and title of each person, in order of succession, 
who is the person in charge of the pumping platform complex for purposes 
of supervision during an emergency;
    (2) List the special duties and duty stations for each person on the 
pumping platform complex in the event of an emergency that requires the 
use of equipment covered by part 149 of this chapter; and
    (3) Identify the signals for calling persons to their emergency 
stations and for abandoning the pumping platform complex.



Sec. 150.555  How must cranes be maintained?

    Cranes must be operated, maintained, and tested in accordance with 
subpart F to 46 CFR part 109.



                  Subpart G_Workplace Safety and Health



Sec. 150.600  What does this subpart do?

    This subpart concerns requirements for workplace safety and health 
on a deepwater port.

                       Safety and Health (General)



Sec. 150.601  What are the requirements for workplace safety and 
health on a deepwater port?

    (a) Each operator of a deepwater port must ensure compliance, on 
that port, with the requirements of this subpart, and must ensure that 
all places of employment within the port are:
    (1) Maintained in compliance with workplace safety and health 
regulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (b) Persons responsible for actual operations, including owners, 
operators, contractors, and subcontractors must ensure that those 
operations subject to their control are:

[[Page 243]]

    (1) Conducted in compliance with workplace safety and health 
regulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (c) The term ``recognized hazardous conditions,'' as used in this 
subpart, means conditions that are:
    (1) Generally known among persons in the affected industry as 
causing, or likely to cause, death or serious physical harm to persons 
exposed to those conditions; and
    (2) Routinely controlled in the affected industry.



Sec. 150.602  What occupational awareness training is required?

    (a) Each deepwater port operator must ensure that all port personnel 
are provided with information and training on recognized hazardous 
conditions in their workplace, including, but not limited to, 
electrical, mechanical, and chemical hazards. Specific required training 
topics are outlined in Sec. 150.15(u).
    (b) As an alternative to compliance with the specific provisions of 
this subpart, an operator may provide, for workplace safety and health, 
the implementation of an approved, port-specific safety and 
environmental management program (SEMP). Operators should consult with 
the Commandant (G-M) in preparing a SEMP. Five copies of a proposed SEMP 
must be submitted to the Commandant for evaluation. The Commandant may 
consult with the local OCMI, and will approve the SEMP if he or she 
finds that the SEMP provides at least as much protection of workplace 
safety and health as do the specific provisions of this subpart.



Sec. 150.603  What emergency response training is required?

    The requirements for emergency response training must be outlined in 
the port operations manual.



Sec. 150.604  Who controls access to medical monitoring and exposure 
records?

    If medical monitoring is performed or exposure records are 
maintained by an employer, the owner, operator, or person in charge must 
establish procedures for access to these records by personnel.



Sec. 150.605  What are the procedures for reporting a possible workplace 
safety or health violation at a deepwater port?

    Any person may notify the OCMI verbally or in writing of:
    (a) A possible violation of a regulation in this part; or
    (b) A hazardous or unsafe working condition on any deepwater port.



Sec. 150.606  After learning of a possible violation, what does the 
OCMI do?

    After reviewing the information received under Sec. 150.605 to this 
part and conducting any necessary investigation, the OCMI notifies the 
owner or operator of any deficiency or hazard and initiates enforcement 
measures as the circumstances warrant. The identity of any person making 
a report of a violation will remain confidential, except to the extent 
necessary for the performance of official duties or as agreed to by the 
person.

                      General Workplace Conditions



Sec. 150.607  What are the general safe working requirements?

    (a) All equipment, including machinery, cranes, derricks, portable 
power tools, and most importantly safety gear must be used in a safe 
manner and in accordance with the manufacturer's recommended practice, 
unless otherwise stated in this subchapter.
    (b) All machinery and equipment must be maintained in proper working 
order or removed.

                      Personal Protective Equipment



Sec. 150.608  Who is responsible for ensuring that personnel use or 
wear protective equipment and are trained in its use?

    (a) Each deepwater port operator must ensure that all personnel who 
are required by this subpart to use or wear personal protective 
equipment do so when within designated work areas at the port.
    (b) Each deepwater port operator must ensure that:
    (1) All personnel engaged in the operation are trained in the proper 
use,

[[Page 244]]

limitations, and maintenance of the personal protective equipment 
specified by this subpart;
    (2) The equipment is maintained and used or worn as required by this 
subpart; and
    (3) The equipment is made available and on hand for all personnel 
engaged in the operation.

                              Eyes and Face



Sec. 150.609  When is eye and face protection required?

    The operator must provide eye and face protectors for the use of 
persons engaged in or observing activities where damage to the eye is 
possible, such as welding, grinding, machining, chipping, handling 
hazardous materials, or acetylene burning or cutting. These eye and face 
protectors must be:
    (a) Properly marked and in compliance with the requirements of 29 
CFR 1910.133; and
    (b) Maintained in good condition or replaced when necessary.



Sec. 150.610  Where must eyewash equipment be located?

    Portable or fixed eyewash equipment providing emergency relief must 
be immediately available near any area where there is a reasonable 
probability that eye injury may occur.

                                  Head



Sec. 150.611  What head protection is required?

    The deepwater port operator must ensure that where there is a 
reasonable probability of injury from falling objects or contact with 
electrical conductors, personnel working or visiting such an area wear 
head protectors designed to protect them against such injury and 
complying with 29 CFR 1910.151.

                                  Feet



Sec. 150.612  What footwear is required?

    The deepwater port operator must ensure that while personnel are 
working in an area, or engaged in activities, where there is a 
reasonable probability for foot injury to occur, they wear footwear that 
complies with 29 CFR 1910.136, except when environmental conditions 
exist that present a hazard greater than that against which the footwear 
is designed to protect.

                      Noise and Hearing Protection



Sec. 150.613  What are the requirements for a noise monitoring and 
hearing protection survey?

    (a) The deepwater port operator must measure noise and provide 
hearing protection in accordance with 29 CFR 1910.95.
    (b) The initial noise survey for a deepwater port must be completed 
no later than January 1, 2005, or within one year of beginning 
operations, whichever is later.

                                Clothing



Sec. 150.614  When is protective clothing required?

    The deepwater port operator must ensure that personnel exposed to 
flying particles, radiant energy, heavy dust, or hazardous materials 
wear clothing and gloves that protect against the hazard involved.

                               Electrical



Sec. 150.615  What safe practices are required?

    (a) The deepwater port operator must ensure that before personnel 
begin work that might expose them to an electrical charge, they turn off 
the electricity, unless doing so is not feasible.
    (b) The deepwater port operator must ensure that personnel turning 
off equipment pursuant to paragraph (a) of this section follow the 
lockout or tagging procedures specified in 29 CFR 1910.147, and in 
Sec. Sec. 150.616 and 150.617.
    (c) The deepwater port operator must ensure that, to prevent 
electrical shock, personnel receive training in electrical, safety-
related work practices in the area of the work they perform, including 
the use of electrical personal protective equipment appropriate to 
protect against potential electrical hazards.

[[Page 245]]

                             Lockout/Tagout



Sec. 150.616  What are the requirements for lockout?

    The deepwater port operator must ensure that, if equipment 
(electrical, hydraulic, mechanical, and pneumatic) does not need to be 
powered during the work described in Sec. 150.615(a), and has a lockout 
or other device to prevent the equipment from being turned on 
unintentionally, that lockout or other device is activated.



Sec. 150.617  What are the requirements for tagout?

    (a) The deepwater port operator must ensure that, before work takes 
place on equipment that is disconnected from the power source, a tag 
complying with this section is placed at the location where the power is 
disconnected. The operator must ensure that, if there is a control panel 
for the equipment in line between the equipment and the location where 
the power is disconnected, a tag complying with this section is also 
placed on the control panel.
    (b) Each tag or sign must have words stating:
    (1) That equipment is being worked on;
    (2) That power must not be restored or the equipment activated; and
    (3) The name of the person who placed the tag.
    (c) Only the person who placed the tag, that person's immediate 
supervisor, or the relief person of either, is authorized to remove the 
tag.

                         Respiratory Protection



Sec. 150.618  What are the requirements for respiratory protection?

    (a) The deepwater port operator must ensure that respiratory 
protection measures are taken in compliance with 29 CFR 1910.134 
including establishment of a formal respiratory protection program.
    (b) The deepwater port operator must ensure that measures for 
protection from exposure to asbestos are taken in compliance with 29 CFR 
1910.1001.
    (c) The deepwater port operator must ensure that measures for 
protection from exposure to inorganic lead are taken in compliance with 
29 CFR 1910.1025.

                               Fall Arrest



Sec. 150.619  What are the fall arrest system requirements?

    The deepwater port operator must ensure that all personnel who are 
exposed to the risk of falling more than 6 feet, or who are at risk of 
falling any distance onto equipment with irregular surfaces, exposed 
moving components, electrically energized cables or connectors, or 
water, are protected against such a fall either by guardrails or other 
measures that comply with 29 CFR 1910.23 or 1910.28, or by the use of 
suitable lifesaving equipment that complies with 46 CFR part 160. In 
addition, the operator must take measures to control the risk of 
falling, tripping, or slipping in work areas and walkways due to the 
presence of loose material or wet conditions including spills.

                             Machine Guards



Sec. 150.620  What are the requirements for protecting personnel from 
machinery?

    The deepwater port operator must ensure that all personnel are 
protected from the risks created by operating machinery through the use 
of guard devices or other measures that comply with 29 CFR 1910.212, or 
through the use of conspicuously posted warning signs that comply with 
150.626 of this part.

                                 Slings



Sec. 150.621  What are the requirements for slings?

    The use of slings for material handling must comply with the 
requirements of 29 CFR 1910.184.

                              Warning Signs



Sec. 150.622  What are the warning sign requirements?

    The construction and use of warning signs must be in compliance with 
29 CFR 1910.144 and 1910.145.

[[Page 246]]

                          Confined Space Safety



Sec. 150.623  What are the requirements for protecting personnel from 
hazards associated with confined spaces?

    (a) All personnel must be protected by suitable measures from 
inadvertently entering a confined space containing a hazardous 
atmosphere that can cause death or serious injury.
    (b) Each deepwater port operator shall evaluate the port-specific 
hazards associated with confined space entry and develop a confined 
space safe entry program that complies with:
    (1) 29 CFR 1910.146 for permit-required confined spaces, where 
applicable; and
    (2) A national consensus standard, as that term is defined in 29 CFR 
1910.2, or that is set by a nationally recognized testing laboratory as 
defined in 29 CFR 1910.7 and that provides levels of personnel 
protection at least equivalent to those provided for shipyard personnel 
by 29 CFR part 1915, subpart B.
    (c) To implement the confined space safe entry program, the 
deepwater port operator must determine the education, training and 
experience needed by the designated competent persons to safely conduct 
their duties, including:
    (1) Identification, testing, and certification of confined spaces; 
and
    (2) Training of personnel regarding dangers, etc.
    (d) These measures must be specified in the port operations manual, 
along with a list of all confined spaces on the port, describing the 
specific hazards associated with each such space.

                          Blood-Borne Pathogens



Sec. 150.624  What are the requirements for protecting personnel from 
blood-borne pathogens?

    Measures for protection from the dangers of blood-borne pathogens 
must be taken in compliance with 29 CFR 1910.1030.

                      Hazard Communication Program



Sec. 150.625  What must the hazard communication program contain?

    (a) Each deepwater port must have a hazard communication program 
(HCP) available for the training of, and review by, all personnel on the 
deepwater port.
    (b) The program must be in writing and describe or include:
    (1) An inventory of each hazardous material on the deepwater port;
    (2) The potential hazards of the material;
    (3) The material's intended use on the deepwater port;
    (4) The methods for handling and storing the material;
    (5) The protective measures and equipment to be used to avoid 
hazardous exposure;
    (6) The labeling, marking, or tagging of the material;
    (7) The special precautions, such as lockout and tagout under 
Sec. Sec. 150.616-150.617, that should be emphasized when working 
around the material;
    (8) Information and training required for personnel onboard the 
deepwater port; and
    (9) A material safety data sheet (MSDS) for the material.
    (c) The information on a material safety data sheet on the material 
may be used as a substitute for items in paragraph (b) of this section 
that are addressed in the sheet.
    (d) The program must be supplemented as necessary to address each 
hazardous material newly introduced on the deepwater port.



Sec. 150.626  What is the hazard communication program used for?

    (a) The hazard communication program must ensure that all deepwater 
port employees, when required by their duties, work safely and 
responsibly with hazardous materials.
    (b) The person in charge for safety must ensure that, before a 
person is allowed to work at the deepwater port:
    (1) A copy of the hazard communication program is made available to 
the person; and
    (2) The person is trained in the information contained in the 
program.
    (c) The training must be supplemented to address each hazardous 
material newly introduced on the deepwater port.

[[Page 247]]



Sec. 150.627  Must material safety data sheets be available to all 
personnel?

    (a) The person in charge must ensure that a material safety data 
sheet (MSDS) for each hazardous material on the fixed or floating 
deepwater port is made available to all personnel on the port.
    (b) Each MSDS must contain at least information on the use, proper 
storage, potential hazards, and appropriate protective and response 
measures to be taken when exposed to or handling the material.



Sec. 150.628  How must the operator label, tag, and mark a container 
of hazardous material?

    The operator must label, tag, or mark each container of hazardous 
material with the identity of the hazardous material and the appropriate 
physical, health, reactivity and other special condition hazard 
warnings. The only exception is for portable containers for transferring 
a hazardous material from a labeled container to the work site for 
immediate use by the person who performs the transfer.



                      Subpart H_Aids to Navigation



Sec. 150.700  What does this subpart do?

    This subpart provides requirements for the operation of aids to 
navigation at a deepwater port.



Sec. 150.705  What are the requirements for maintaining and inspecting 
aids to navigation?

    (a) All aids to navigation must be maintained in proper operating 
condition at all times.
    (b) The Coast Guard may inspect all aids to navigation at any time 
without notice.



Sec. 150.710  What are the requirements for supplying power to aids 
to navigation?

    The power to all aids to navigation must be maintained, at all 
times, at or above the level recommended by the equipment's 
manufacturer.



Sec. 150.715  What are the requirements for lights used as aids to 
navigation?

    (a) Each light under part 149, subpart E of this chapter, used as an 
aid to navigation at a deepwater port, must be lit continuously from 
sunset to sunrise.
    (b) During construction, a platform or SPM (if positioned on the 
surface or within the net under-keel depth for tankers transiting within 
the safety zone) must be marked with at least one of the following:
    (1) The obstruction lights required for the structure in part 149, 
subpart E, of this chapter;
    (2) The fixed lights of a vessel attending the structure; or
    (3) The general illumination lights on the structure, if they meet 
or exceed the intensity required for obstruction lights required for the 
structure.
    (c) The focal plane of each obstruction light and rotating lighted 
beacon must always coincide with the horizontal plane that passes 
through the light source.



Sec. 150.720  What are the requirements for sound signals?

    The sound signal on each pumping platform complex must be operated 
whenever the visibility in any horizontal direction from the structure 
is less than 5 miles. If the platform is under construction, this 
requirement may be met by the use of a 2-second whistle blast, made 
every 20 seconds by a vessel moored at the platform.



                      Subpart I_Reports and Records



Sec. 150.800  What does this subpart do?

    This subpart concerns reports that must be submitted, and records 
that must be kept, by the licensee.

                                 Reports



Sec. 150.805  What reports must be sent both to a classification society 
and to the Coast Guard?

    A copy of each report submitted to an authorized classification 
society, as defined in 46 CFR 8.100 for maintenance of an SPM's class 
under the rules of that society, must also be submitted to the OCMI.

[[Page 248]]



Sec. 150.810  Reporting a problem with an aid to navigation.

    (a) Any problem affecting the operation or characteristics of an aid 
to navigation at the deepwater port must be reported, by the fastest 
means available, to the District Commander. The report must identify:
    (1) The aid to navigation affected;
    (2) The location of that aid;
    (3) The nature of the problem; and
    (4) The estimated time of repair.
    (b) When the problem is corrected, the District Commander must be 
notified.




Sec. 150.815  How must casualties be reported?

    (a) Immediately after aiding the injured and stabilizing the 
situation, the owner, operator, or person in charge of a deepwater port 
must notify the nearest Marine Safety Office, Coast Guard Activity, or 
Coast Guard Group Office of each event on, or involving, the deepwater 
port that results in one or more of the following:
    (1) Loss of life;
    (2) An injury that requires professional medical treatment 
(treatment beyond first aid) and, if the person is engaged or employed 
on the deepwater port, that renders the individual unfit to perform his 
or her routine duties;
    (3) Impairment to the operation of any of the port's primary 
lifesaving or fire-fighting equipment; or
    (4) Property damage in excess of $100,000, including damage 
resulting from a vessel or aircraft striking the port. This amount 
includes the cost of labor and material to restore all affected items, 
including, but not limited to, the port and the vessel or aircraft to 
their condition before the damage. This amount does not include the cost 
of salvage, cleaning, gas freeing, dry-docking, or demurrage of the 
port, vessel, or aircraft.
    (b) The notice under paragraph (a) of this section must identify the 
following:
    (1) The deepwater port involved;
    (2) The owner, operator, or person in charge of the port;
    (3) The nature and circumstances of the event; and
    (4) The nature and extent of the injury and damage resulting from 
the event.



Sec. 150.820  When must a written report of casualty be submitted and 
what must it contain?

    (a) In addition to the notice of casualty under Sec. 150.815, the 
owner, operator, or person in charge of a deepwater port must submit a 
written report of the event to the nearest OCMI within 5 days after the 
notice of casualty. The report may be on Form 2692 (Report of Marine 
Accident, Injury, or Death) or in narrative form if it contains all of 
the applicable information requested in Form 2692. Copies of Form 2692 
are available from the OCMI.
    (b) The written report must also include the information relating to 
alcohol and drug involvement specified by 46 CFR 4.05-12.
    (c) If filed immediately after the event, the written report 
required by paragraph (a) of this section serves as the notice required 
under Sec. 150.815.



Sec. 150.825  Reporting a diving-related casualty.

    Diving-related deaths and injuries within the safety zone of a 
deepwater port must be reported according to 46 CFR 197.484 and 197.486, 
rather than to Sec. Sec. 150.815 and 150.820.



Sec. 150.830  Reporting a pollution incident.

    Oil pollution incidents involving a deepwater port are reported 
according to Sec. 135.305 and 135.307 of this chapter.



Sec. 150.835  Reporting sabotage or a subversive activity.

    The owner, operator, or person in charge of a deepwater port must 
immediately report to the COTP, by the fastest possible means, any 
evidence of sabotage or subversive activity against any vessel at the 
deepwater port or against the deepwater port itself.

                                 Records



Sec. 150.840  What records must be kept?

    (a) The licensee must keep copies at the deepwater port of the 
reports, records, test results, and operating data required by this 
part. In the case

[[Page 249]]

of unmanned deepwater ports, these copies must be kept at the operator's 
principal office rather than on the port.
    (b) The copies must be readily available to Coast Guard inspectors.
    (c) Except for personnel records under Sec. 150.845, the copies 
must be kept for 3 years.



Sec. 150.845  Personnel records.

    The licensee must keep documentation on the designation and 
qualification of the supervisory positions, outlined in the port 
operations manual, that are responsible for the management of the 
deepwater port. These records must be kept for the life of the deepwater 
port.



Sec. 150.850  How long must a declaration of inspection form be kept?

    The licensee must keep signed copies of the declaration of 
inspection forms required by Sec. 150.430 for one month from the date 
of signature.



   Subpart J_Safety Zones, No Anchoring Areas, and Areas To Be Avoided



Sec. 150.900  What does this subpart do?

    (a) This subpart provides requirements for the establishment, 
restrictions, and location of safety zones, no anchoring areas, and 
areas to be avoided around deepwater ports.
    (b) Subpart D of this part, concerning vessel navigation and 
activities permitted and prohibited at deepwater ports, applies within 
safety zones, no anchoring areas, and areas to be avoided and their 
adjacent waters and supplements the International Regulations for 
Preventing Collisions at Sea.
    (c) Recommended shipping safety fairways, associated with deepwater 
ports, are described in part 166 of this chapter.



Sec. 150.905  Why are safety zones, no anchoring areas, and areas to 
be avoided established?

    Safety zones, no anchoring areas, and areas to be avoided under this 
subchapter are established to promote safety of life and property, 
marine environmental protection, and navigational safety at deepwater 
ports and adjacent waters. Safety zones, no anchoring areas, and areas 
to be avoided accomplish these objectives by preventing or controlling 
specific activities, limiting access by vessels or persons, and by 
protecting the living resources of the sea from harmful agents.



Sec. 150.910  What installations, structures, or activities are 
prohibited in a safety zone and area to be avoided?

    No installations, structures, or activities that are incompatible 
with port operations are allowed in the safety zone and area to be 
avoided of a deepwater port.



Sec. 150.915  How are safety zones, no anchoring areas, and areas to 
be avoided established and modified?

    (a) Safety zones, no anchoring areas, and areas to be avoided are 
developed and designated during the application process for a deepwater 
port license and may be modified according to this section.
    (b) Before a safety zone, no anchoring area, and area to be avoided 
is established, all factors detrimental to safety, including the 
congestion of vessels, the presence of unusually harmful or hazardous 
substances, and the presence of obstructions around the site of the 
deepwater port, are considered.
    (c) Commandant (G-M) shall establish safety zones and develop no 
anchoring areas and areas to be avoided for presentation to the 
International Maritime Organization (IMO) for approval. Commandant (G-M) 
may consult with the District Commander prior to establishing safety 
zones. Once established, the District Commander may request that 
Commandant (G-M) modify an existing safety zone. The Commandant (G-M) 
may then publish a final rule modifying the zone and area in its 
regulations. Routing measures requiring approval by the International 
Maritime Organization in order to be effective will be effective only 
after such approval is granted and such approval is announced by 
subsequent notice in the Federal Register.
    (d) When there is an imminent threat to the safety of life and 
property within the zone and area, the District Commander may modify the 
safety zone and its regulations in an interim rule

[[Page 250]]

without first requesting that Commandant (G-M) publish a notice of 
proposed rulemaking. The interim rule makes the safety zone, no 
anchoring area, and area to be avoided and the regulations thereto 
effective on publication in the Federal Register, provided those routing 
measures requiring approval at the International Maritime Organization 
have received that approval, and requests public comments. After 
considering the comments received, the Commandant (G-M), after 
consulting with the District Commander, shall publish a final rule, 
which may adopt the interim rule with or without changes or remove it.
    (e) If required by circumstances, safety zones and areas to be 
avoided may be placed into effect immediately but must be followed 
promptly by the procedures in paragraph (d) of this section.



Sec. 150.920  How is notice given of new or proposed safety zones, no 
anchoring areas, and areas to be avoided?

    In addition to documents published in the Federal Register under 
Sec. 150.915, the District Commander may provide public notice of new 
or proposed safety zones, no anchoring areas, and areas to be avoided by 
Broadcast Notices to Mariners, Notices to Mariners, Local Notices to 
Mariners, newspapers, broadcast stations, or other means.



Sec. 150.925  How long may a safety zone, no anchoring area, and area 
to be avoided last?

    A safety zone, no anchoring area, and area to be avoided and 
applicable regulations may go into effect as early as when equipment and 
materials for construction of the deepwater port arrive at the site and 
may remain in effect until the deepwater port is removed.



Sec. 150.930  What datum is used for the geographic coordinates in this 
subpart?

    The geographic coordinates used in this subpart are not intended for 
plotting on charts or maps using coordinates based on the North American 
Datum of 1983 (NAD 83). If you use the geographic coordinates in this 
subpart to plot on a chart or map referencing NAD 83, you must make 
corrections as shown on the chart or map.



Sec. 150.940  Safety zones for specific deepwater ports.

    (a) Louisiana Offshore Oil Port (LOOP): (1) The location of the 
safety zone for LOOP is as described in Table 150.940(A):

         Table 150.940(A).--Safety Zone for Loop, Gulf of Mexico
------------------------------------------------------------------------
               Latitude N                           Longitude W
------------------------------------------------------------------------
(i) Starting at:
    28[deg]55[min]23[sec]...............  90[deg]00[min]37[sec]
(ii) A rhumb line to:
    28[deg]53[min]50[sec]...............  90[deg]04[min]07[sec]
(iii) Then an arc with a 4,465 meter
 (4,883 yard) radius centered at the
 port's pumping platform complex:
    28[deg]53[min]06[sec]...............  90[deg]01[min]30[sec]
(iv) To a point:
    28[deg]51[min]07[sec]...............  90[deg]03[min]06[sec]
(v) Then a rhumb line to:
    28[deg]50[min]09[sec]...............  90[deg]02[min]24[sec]
(vi) Then a rhumb line to:
    28[deg]49[min]05[sec]...............  89[deg]55[min]54[sec]
(vii) Then a rhumb line to:
    28[deg]48[min]36[sec]...............  89[deg]55[min]00[sec]
(viii) Then a rhumb line to:
    28[deg]52[min]04[sec]...............  89[deg]52[min]42[sec]
(ix) Then a rhumb line to:
    28[deg]53[min]10[sec]...............  89[deg]53[min]42[sec]
(x) Then a rhumb line to:
    28[deg]54[min]52[sec]...............  89[deg]57[min]00[sec]
(xi) Then a rhumb line to:
    28[deg]54[min]52[sec]...............  89[deg]59[min]36[sec]
(xii) Then an arc with a 4,465 meter
 (4,883 yard) radius centered again at
 the port's pumping platform complex;
(xiii) To the point of starting:
    28[deg]55[min]23[sec]...............  90[deg]00[min]37[sec]
------------------------------------------------------------------------


[[Page 251]]

    (2) The areas to be avoided within the safety zone are:
    (i) The area encompassed within a circle having a 600 meter radius 
around the port's pumping platform complex and centered at:

------------------------------------------------------------------------
               Latitude N                           Longitude W
------------------------------------------------------------------------
28[deg]53[min]06[sec]..................  90[deg]-1[min]30[sec]
------------------------------------------------------------------------

    (ii) The six areas encompassed within a circle having a 500 meter 
radius around each single point mooring (SPM) at the port and centered 
at:

------------------------------------------------------------------------
               Latitude N                          Longitude W
------------------------------------------------------------------------
28[deg]54[min]12[sec]..................  90[deg]00[min]37[sec]
28[deg]53[min]16[sec]..................  89[deg]59[min]59[sec]
28[deg]52[min]15[sec]..................  90[deg]00[min]19[sec]
28[deg]51[min]45[sec]..................  90[deg]01[min]25[sec]
28[deg]52[min]08[sec]..................  90[deg]02[min]33[sec]
28[deg]53[min]07[sec]..................  90[deg]03[min]02[sec]
------------------------------------------------------------------------

    (3) The anchorage area within the safety zone is an area enclosed by 
the rhumb lines joining points at:

------------------------------------------------------------------------
               Latitude N                          Longitude W
------------------------------------------------------------------------
28[deg]52[min]21[sec]..................  89[deg]57[min]47[sec]
28[deg]54[min]05[sec]..................  89[deg]56[min]38[sec]
28[deg]52[min]04[sec]..................  89[deg]52[min]42[sec]
28[deg]50[min]20[sec]..................  89[deg]53[min]51[sec]
28[deg]52[min]21[sec]..................  89[deg]57[min]47[sec]
------------------------------------------------------------------------

    (b) The Gulf Gateway Deepwater Port (GGDWP)--(1) Description. The 
GGDWP safety zone is centered at the following coordinates: 
28[deg]05[min]16[sec] N, 093[deg]03[min]07[sec] W. This safety zone, 
encompassed within a circle having a 500 meter radius around the primary 
component of the Gulf Gateway Deepwater Port, the submerged loading 
turret (buoy) and the pipeline end manifold (STL/PLEM), is located 
approximately 116 miles off the Louisiana coast at West Cameron Area, 
South Addition Block 603 ``A''.
    (2) Regulations. Deepwater port support vessels desiring to enter 
the safety zone must contact and obtain permission from the LNG 
Regasification Vessel (LNGRV) stationed at the deepwater port. The LNGRV 
can be contacted on VHF-FM Channel 13.

[USCG-1998-3884, 69 FR 52830, Aug. 30, 2004, as amended by USCG-2005-
21111, 70 FR 24709, May 11, 2005]

[[Page 253]]

                                  INDEX

                       SUBCHAPTER NN _ DEEPWATER PORTS

  Editorial Note: This listing is provided for informational purposes 
only. It is compiled and kept up-to-date by the Coast Guard, Department 
of Homeland Security, and is revised through July 1, 2005.

                                                                 Section

                                 A

Administrative Law Judge
                                                                Part 148
Assignment of administrative law judge...........................148.253
Authority of the administrative law judge........................148.257
Jurisdiction of the administrative law judge.....................148.255
Aids to Navigation at Deepwater Ports
Applicability...........................................149.701, 150.601
Applicability of other regulations......................149.705, 150.603
Applicability
                                               148.101, 148.400, 148.601
Applications for ATON
                                                                 149.707
Fog signals......................................................150.611
Lights...........................................................150.607
Power supply.....................................................150.605
Application Proceeding
                                                               Subpart C
Applicability....................................................148.203
Applications
                                                               Subpart B
Changes to.......................................................148.213
Contents of......................................................148.109
Processing.......................................................148.211
Withdrawal, of...................................................148.215
Approval or Denial of an Application
                                                               Subpart C
Criteria and consideration.......................................148.323
Decision process.................................................148.321
Multiple applications............................................148.325
Termination of proceeding before approval or denial..............148.327
Availability of documents in the record
                                                                 148.207

                                 B

Buoys
Characteristics..................................................149.773
Light intensity..................................................149.775
Number and location..............................................149.771

                                 C

Claims and objection
                                                                 148.219
Clearances for
Definitions......................................................150.303
Mooring Master...................................................150.341
Other vessels....................................................150.317
Support vessels..................................................150.315
Tankers..........................................................150.313

[[Page 254]]

Clerk; docket; record
                                                                 148.205

                                 D

Definitions
                                                                   148.3
Design, construction, and equipment
                                                                Part 149
Designation of adjacent Coastal States
                                                                 148.217
Deepwater Ports Regulations
                                                               Subpart F
Applicability....................................................148.601
Coordination with States.........................................148.605
Environmental review criteria.....................Appendix A to Part 148
Exemption criteria...............................................148.607
Petition for exemption...........................................148.603
Deepwater Port Safety Zone Boundaries
                                                  Appendix A to Part 150
Loop, Inc.; Gulf of Mexico; geographic coordinates...Annex A to Appendix 
                                                           A of Part 150
Design and Equipment
Applicability....................................................149.201
Construction.....................................................149.206
Design standards.................................................149.205
Emergency equipment..............................................149.211
Engineering drawings and specifications (Fixed marine and Floating 
marine components)...............................................149.203
First aid station................................................149.217

                                 E

Evidence
                                                                 148.289
Ex Parte communications
                                                                 148.250
Emergency equipment
                                                                 149.211

                                 F

Fees, copies
                                                                 148.107
Fire Extinguishing Systems, other
                                                                 149.481
Fire Fighting Equipment
 Axes............................................................149.515
Extinguishers
Landing areas with fueling facility..............................149.513
Landing areas with no fueling facility...........................149.511
Location.........................................................149.503
Marking..........................................................149.507
Portable and semiportable........................................149.501
Spare charges....................................................149.505
Fire detection and alarm systems.................................149.491
 Fire hose
Coupling.........................................................149.471
Nozzle...........................................................149.473
Rack.............................................................149.467
Size.............................................................149.469
Fire hydrants....................................................149.457
Access...........................................................149.463
Fire hydrant and control valve shutoff valve.....................149.461
Outlet...........................................................149.459
Fireman's outfits
                                                                 149.517
Fire pumps
                                                                 149.453
Fire pump locations
                                                                 149.455
Fire fighting systems for helicopter pads
                                                                 149.483
Fixed fire main system for water
                                                                 149.451

[[Page 255]]

Fog Signal
                                                                 149.779
Formal Hearings
                                                               Subpart C
A person not a party.............................................148.265
Appearance and practice..........................................148.267
Assignment of administrative law judge...........................148.253
Authority of the administrative law judge........................148.257
Conferences......................................................148.277
Determination to hold formal hearing; notice of..................148.251
Evidence.........................................................148.289
Ex parte communications..........................................148.259
Filing...........................................................148.273
Hearing date.....................................................148.283
Intervention.....................................................148.263
Jurisdiction of the administrative law judge.....................148.255
Motions..........................................................148.279
Order of procedure...............................................148.287
Parties..........................................................148.261
Reporter; transcript; correction.................................148.285
Requirements for documents.......................................148.269
Rulings referred or appealed to the Commandant...................148.291
Service of document; other transmittal...........................148.275
Subpoenas........................................................148.281
Subscription.....................................................148.271

                                 G

General
ABS classification...............................................150.121
Applicability....................................................150.101
Deviations.......................................................150.113
Emergency deviations.............................................150.115
Environmental monitoring.........................................150.127
License..........................................................149.105
Licensee.........................................................150.103
Purpose..........................................................149.101

                                 H

Hearing date
                                                                 148.283
Helicopter
Fueling facilities...............................................149.213
Operations, interference with....................................149.215

                                 I

Identification of a platform and Single Point Mooring (SPM)
                                                                 149.791
Informal Public Hearing
                                                               Subpart C
Notice of public hearing.........................................148.231
Report of public hearing.........................................148.235
Testimony and argument...........................................148.233
Issuance of a License
                                                                 148.403
Applicability....................................................148.400
Consultation with adjacent coastal States........................148.407
Issuance of a license............................................148.403

                                 L

Liability, limits
                                                                 148.703
Lifesaving Equipment
General alarm system.............................................149.541

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Inflatable life rafts............................................149.523
Launching equipment for inflatable life rafts....................149.525
Launching equipment for lifeboats................................149.524
Lifeboats........................................................149.522
Lifeboats and inflatable life rafts: General.....................149.521
Lights, portable.................................................149.539
Litters..........................................................149.533
 Markings
For personal flotation devices (PFD's)...........................149.537
Of general alarm system..........................................149.543
On lifeboats, life rafts, paddles, and oars......................149.535
Personal flotation devices, Type I...............................149.529
Public address system............................................149.545
Radio apparatus, portable........................................149.527
Ring life buoys, approved (Type IV PFD's)........................149.526
Lights
Characteristics of obstruction lights............................149.755
Chromaticity.....................................................149.727
Color............................................................149.725
Display of information...........................................149.729
Focus............................................................149.724
Intensity of obstruction lights..................................149.757
Intensity of lights, general.....................................149.723
Leveling.........................................................149.759
Light source.....................................................149.721
Markings for piles and pile clusters.............................149.793
Obstruction lights, number and location on a platform and SPM....149.751
Obstruction lights, number and location on a floating hose string 
                                                                 149.753
Radar beacon.....................................................149.795
Rotating lighted beacon..........................................149.797
Limits of Liability
                                                               Subpart G
Limits of liability..............................................148.703
Purpose..........................................................148.701

                                 N

National Fire Protection Association (NFPA)
                                                                 149.213
Navigation of
Other vessels in the safety zone.................................150.339
Radar surveillance...............................................150.307
Radio listening watch............................................150.311
Regulated vessel activities......................................150.345
Report before entering safety zone...............................150.335
Ship's routing measures..........................................150.305
Support vessels in the safety zone...............................150.338
Tankers in the safety zone.......................................150.337
Notice of public hearing
                                                                 148.231
Notification
To the Commandant................................................150.119
To the District Commander........................................150.117

                                 O

Operations
                                                                Part 150
Aircraft operations..............................................150.516
Aircraft, refueling for..........................................150.515
Applicability....................................................150.500
Emergency drills.................................................150.519
Emergency Medical Technician.....................................150.525

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Firehose: Connection and stowage.................................150.507
Fire main system.................................................150.504
Fire pump........................................................150.505
First aid station................................................150.527
Housekeeping.....................................................150.521
Illumination.....................................................150.523
Lifesaving equipment.............................................150.508
Maintenance of equipment.........................................150.503
Maintenance of personal protection equipment.....................150.511
Personal protection equipment, use of............................150.509
Sanitation.......................................................150.513
Station bill.....................................................150.517
Operations Manual:
Amendment........................................................150.107
Compliance with..................................................150.109
Copies...........................................................150.106
General..........................................................150.105
Response Plans...................................................150.129
Water depth measurements.........................................150.125
Weather monitoring...............................................150.127
Oil Transfer Operations
Applicability....................................................150.400
Declaration of Inspection........................................150.417
Definitions......................................................150.403
Displacement of oil in an SPM-Oil Transfer System (OTS) with water
                                                                 150.421
Limitations......................................................150.423
Periodic tests and inspections: discharge containment equipment 
                                                                 150.407
Periodic tests and inspections: OTS components...................150.405
Periodic tests and inspections: removal material and equipment...150.409
Repair or replacement of equipment...............................150.411
Requirements for connections.....................................150.415
Requirements for oil transfer....................................150.413
Stopping transfer operations.....................................150.419
Suspension of oil transfer operations............................150.425

                                 P

Pipeline end manifold shut off valve
                                                                 149.305
Pollution Prevention Equipment
                                                               Subpart C
Applicability....................................................149.301
Blank flange and shutoff valve...................................149.307
Communication equipment..........................................149.317
Discharge containment and removal material, and equipment........149.319
Malfunction detection system.....................................149.311
Manually operated shutoff valve..................................149.309
Oil transfer system alarm........................................149.313
Marking of oil transfer system alarm.............................149.315
Overflow and relief valve........................................149.303
Pipeline and manifold (PLEM) shutoff valve.......................149.305
Special requirement for onloading ports..........................149.321

                                 R

Reports and Records
Aid to navigation discrepancy....................................150.705
Casualty or accident (46 CFR Part 4).............................150.711
Declaration of Inspection........................................150.759
General..........................................................150.751

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Key personnel: Designations and qualifications...................150.753
Maintenance of ABS classification................................150.703
Oil throughput log...............................................150.757
Oil throughput report............................................150.707
Public hearing...................................................148.235
Sabotage or subversive activity..................................150.713
Request by Port for determination
                                                                 148.216

                                 S

Safety Equipment
Applicability....................................................149.401
Curbs, gutters, drains, and reservoirs...........................149.403
Emergency power..................................................149.411
Equipment not required on a Pumping Platform Complex (PPC).......149.402
Means of escape from helicopter landing pad......................149.423
Means of escape from platform....................................149.421
Open sided deck, deck opening, catwalk, and helicopter pad 
protection.......................................................149.441
Personal landing illumination....................................149.433
Personal landings................................................149.431
Safety Zones for specific deepwater ports
                                                                 150.940
Site Evaluation
                                                               Subpart E
General conditions of performance................................148.505
Notice of proposed site evaluation...............................148.503
Purpose..........................................................148.501
Reports..........................................................148.507
Suspension and prohibition of activities.........................148.509
SPM's
                                                                 149.209
Subpoenas
                                                                 148.281

                                 V

Vessel Navigation
Advance notice of arrival........................................150.333
Advisories to tankers............................................150.309
Applicability....................................................150.301
Assistant Mooring Master.........................................150.342

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