[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).
[[Page 180]]
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;
[[Page 184]]
(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
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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.
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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.
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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
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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.
[[Page 203]]
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
[[Page 204]]
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
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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
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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?
[[Page 227]]
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.
[[Page 228]]
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.
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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
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(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;
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(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