[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16363-16366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06519]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement (BSEE)
[Docket ID: BSEE-2014-0003; 14XE8370SD ED1OS0000.JAE000 EEGG000000]
Notice of the National Preparedness for Response Exercise Program
(PREP) Guidelines; Comment Request
AGENCY: Bureau of Safety and Environmental Enforcement, Interior.
ACTION: Notice.
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SUMMARY: The BSEE is inviting you to provide comments on the Draft
National Preparedness for Response Exercise Program (PREP) Guidelines
update. The BSEE is publishing this notice on behalf of the National
Schedule Coordination Committee (NSCC), which is comprised of
representatives from the U.S. Coast Guard (USCG); Environmental
Protection Agency (EPA); Pipeline and Hazardous Materials Safety
Administration (PHMSA), under the Department of Transportation; and the
Bureau of Safety and Environmental Enforcement (BSEE), under the
Department of the Interior. These Guidelines were last revised in 2002.
This notice solicits comments on the Draft PREP Guidelines document
available in the regulations.gov docket ID: BSEE-2014-0003 and on the
BSEE Web site at http://www.bsee.gov/uploadedFiles/BSEE/About_BSEE/Divisions/OSRD/PREPGuidelines%203-2014.pdf.
DATES: You must submit comments by April 24, 2014. The NSCC may not
fully consider comments received after this date. After reviewing
comments on the Draft PREP Guidelines available in the docket, the NSCC
will determine if a public hearing is necessary before final
publication of the revised PREP Guidelines to provide the oil and gas
industry and the public with an opportunity to submit additional
comments for consideration.
ADDRESSES: You may submit comments and additional materials by any of
the following methods.
Electronically: go to http://www.regulations.gov. In the
entry entitled, Enter Keyword or ID, enter BSEE-2014-0003, then click
search.
[[Page 16364]]
Follow the instructions to submit public comments and view supporting
and related materials available for this notice.
Email: [email protected] or mail or hand-
carry comments to the Department of the Interior, Bureau of Safety and
Environmental Enforcement, Oil Spill Response Division, 381 Elden
Street, HE 3327, Herndon, Virginia, 20170, Attention: Ms. Kelly
Schnapp. Please reference National Preparedness for Response Exercise
Planning Guidelines in your comments and include your name and return
address.
FOR FURTHER INFORMATION CONTACT:
For BSEE: Ms. Kelly Schnapp, Oil Spill Response Division, 703-787-
1569.
For USCG: Mr. Kevin Sligh, Office of Environmental Response Policy,
202-372-2250.
For EPA: Mr. Troy Swackhammer, Office of Emergency Management,
Regulation and Policy Development Division, 202-564-1966.
For PHMSA: Mr. Ed Murphy, Office of Pipeline Safety, 202-366-4595.
SUPPLEMENTARY INFORMATION: Basis and Purpose: The Oil Pollution Act of
1990 (OPA 90), signed on August 18, 1990, requires, among other things,
that industry representatives and government officials conduct oil
spill response exercises to ensure that personnel and equipment are
ready to respond to oil spills. The NSCC focuses on leading a
systematic national exercise schedule that applies to all government
and oil and gas industry plan holders and creates a workable exercise
program consistent with this statutory requirement. The NSCC
coordinates on a monthly basis to ensure consistency and efficiency
among EPA, USCG, PHMSA, and BSEE activities. Each agency retains
regulatory responsibility to oversee the specific regulated community
activities under their respective jurisdictions and authorities. The
PREP is a voluntary program developed to provide a mechanism for
compliance with the exercise requirements in a way that is economically
feasible for both the government and the oil industry to adopt and
sustain.
The first PREP Guidelines were published in August 1994 and were
referred to as the ``Red Book.'' These Guidelines continue to provide
useful information, including the Federal government's plan to conduct
six government-led and 14 industry-led Area Exercises annually. They
also communicate the federal government's plans to ensure that at least
one exercise is conducted in each of the 42 USCG Captain of the Port
(COTP) zones and each of EPA's 10 Regions at least every 3 years. The
PREP Guidelines continue to outline a comprehensive exercise program
option that the regulated community may voluntarily use to meet the
requirements of section 4202(a) of OPA 90.
The government and the oil and gas industry must always maintain a
high level of preparedness to respond to an oil spill. Even though the
average oil spill size and frequency have continued to decline since
the adoption of OPA 90, the need for these Guidelines remains evident.
There have been several major oil spills over the past decade where
preparedness proved key to an effective response. In addition, the NSCC
has incorporated key lessons learned from past significant oil spills
resulting from natural or man-made events, including:
1. The 2004 M/V ATHOS I tanker spill;
2. The 2005 Katrina and Rita Hurricanes;
3. The 2007 M/V COSCO BUSAN incident;
4. The 2010 Marshall, Michigan inland oil spill; and
5. The 2010 DEEPWATER HORIZON oil spill.
After the original PREP Guidelines were published, the four
referenced Federal agencies revised them in 2002. The 2002 edition is
available in the regulations.gov docket USCG-2011-1178. On February 22,
2012, the USCG published a notice and request for public comments in
the Federal Register, which provided advance notice that the NSCC
agencies planned to update the 2002 PREP Guidelines (77 FR 10542).
During the 60-day comment period, the USCG, on behalf of the NSCC,
received 214 comments from the oil and gas industry, professional
organizations, Federal and state government agencies, and non-
government organizations (NGOs). The NSCC agencies have revised the
PREP Guidelines in order to reflect the comments received on the 2012
notice, and also to reflect, since 2002, agency reorganizations,
lessons learned from past incidents, and new regulations, including the
USCG's Salvage and Marine Firefighting (SMFF) regulations. We are not
publishing the Draft PREP Guidelines in this Federal Register notice.
However, the Draft PREP Guidelines are available for public viewing and
we invite public comment on the draft update to the PREP Guidelines
located in regulations.gov docket ID: BSEE-2014-0003 and on the BSEE
Web site at www.bsee.gov.
The Draft PREP Guidelines would include new terminology and
definitions that represent agency reorganizations. The Draft PREP
Guidelines would incorporate new requirements, such as those found in
the SMFF regulations and requirements related to the exercise credit
process and subsea containment equipment. Additionally, these updates
would continue to strengthen coordination among the NSCC agencies and
emphasize the plan holder's preparedness responsibilities.
The NSCC members would also incorporate agency-specific changes,
lessons learned, and their own experiences over the past decade into
the Draft PREP Guidelines update. In the following sections, we
summarize the changes that would be made to the PREP Guidelines
represented in the draft update and discuss the comments the NSCC
received in response to the 2012 Federal Register notice.
Summary of Changes
Definitions and Terminology: The draft update would clarify the
definition of an ``area'' using the COTP zone delineations. The update
would also add definitions for (a) remote assessment and consultation,
(b) resource provider, (c) Marine Firefighting (MFF) Organization, (d)
SMFF Organization, and (e) Spill Response Operating Team. The USCG
would add references to the COTP and Federal On-Scene Coordinator
(FOSC) throughout the guidance. Hazardous substance terminology would
be added throughout the document to highlight when it is applicable.
References to the Minerals Management Service (MMS) in the 2002 PREP
Guidelines would be replaced with BSEE throughout the document to
reflect the new bureau that enforces 30 CFR Part 254.
SMFF Additions: The Draft PREP Guidelines would now include
guidance for adding SMFF providers and equipment into a plan holder's
exercise program. These updates would be included throughout the
Guidelines in applicable sections.
Federal Exercise Scheduling and Spill Response Credit: The
scheduling process, maintained by the NSCC, would be further clarified
by adding the USCG's HOMEPORT Web site as another scheduling tool for
Outer Continental Shelf-based exercises. The NSCC would also add
additional guidance for requesting credit for responses to actual
spills.
USCG Specific Guidance Updates: In addition to SMFF exercise
requirements, the USCG proposes to add guidance specifically on Vessel
of Opportunity Skimming System (VOSS) and Spilled Oil Recovery System
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(SORS) equipment deployment exercise frequency and on how to
incorporate joint exercises into an exercise program to effectively
meet the intent of VOSS and SORS exercises.
BSEE Specific Guidance: References to BSEE would replace references
to MMS throughout the guidance, since it is now the bureau that has
regulatory authority to ensure that offshore facility owners and
operators comply with 30 CFR Part 254 preparedness requirements. BSEE's
updates would also reflect new technology available for responses
during continuous offshore discharges and the integration of offshore
subsea containment.
PHMSA Specific Guidance: References to PHMSA would replace
references to RSPA throughout the guidance, since it is now the agency
that has regulatory authority to ensure that pipeline operators comply
with the requirements found in 49 CFR Part 194.
Documentation: Appendix A from the 2002 PREP Guidelines, which
contained examples of internal exercise documentation forms, would be
replaced. Alternative formats that have been developed by stakeholders
contain the same information as the 2002 examples, which should satisfy
agency documentation requirements.
Summary of Comments on the Notice and Request for Comments
The USCG, on the behalf of the NSCC, received 214 comments from
government agencies, regulated communities, private industry, and NGOs
in response to the request for comments published on February 22, 2012.
Some comments were not related to the proposed update. We did not
address comments that were outside the scope of this PREP Guidance
update. All of the comments received are posted on regulations.gov,
under docket number USCG-2011-1178.
Summary of Select Comments and Responses
Comment on Non Tank Vessel Response Plan: One commenter requested
that the PREP Guidelines include a new section addressing Non Tank
Vessel Response Plan exercise requirements, referenced in 33 CFR Part
155.
Response: The final rule for Non Tank Vessel Response Plan exercise
requirements was recently published on September 27, 2013. Exercise
requirements for Non Tank Vessels will be evaluated for inclusion into
the draft PREP Guidelines final rule by the NSCC member agencies during
the draft 2nd Notice Comment adjudication process.
Comments on Sharing Lessons Learned: There were many comments
requesting that government and industry make available to the public
lessons learned from response exercises.
Response: The NSCC does not have the capability to manage public
access to lessons learned at this time. We encourage the regulated
community and government agencies to share lessons learned whenever
practicable.
Comments on Response Equipment: Commenters asked NSCC to consider
adding alternative containment methods, specifically dams and weirs, in
the Guidelines. A commenter stated that some inland facilities are
drained by small, steep-sided streams where boom deployment is
difficult and may not be the most appropriate first response. The
commenter stated that underflow dams could be used where the water flow
is difficult for boom deployment, but could contain free-phase oil for
recovery. In addition, the commenter stated that weirs could also be
used to take advantage of existing infrastructure (i.e., culverts,
bridges, piers, etc.). Another commenter raised concern about the
1,000-foot boom requirement for facilities located near small water
bodies, whereby less than 1,000 feet of boom could be more appropriate
given the small size of the stream and the physical constraints of
deployment.
Response: We have found that it is best if the PREP Guidelines
avoid specifying particular types of equipment, or advocating use of an
approach unique to one geographic area. The PREP Guidelines should be
broad enough to encompass changing technology and many different
environments. Oil spill response equipment is not limited to those
systems mentioned in the PREP Guidelines. The NSCC recognizes that
alternatives to containment boom may be more appropriate as part of the
initial phase of the oil spill response for certain inland facilities.
As such, the NSCC requests that stakeholders provide detailed
suggestions for revisions to the ``Oil and Hazardous Substance Response
Systems'' portion of Section 2 in the Guidelines on these alternatives.
Comments pertaining to Exercise Design: There were a number of
commenters that suggested adding language to encourage more exercise
participation from stakeholders and to enhance scenario design. Many
comments provided valuable information about exercise design best
practices and considerations. These ranged from specific documentation
suggestions to broader exercise design concepts. One consistent
recommendation was to acknowledge the Homeland Security Exercise and
Evaluation Program (HSEEP) as a planning process for exercise design in
the PREP Guidelines. Some commenters requested exercise expectations be
scaled back for plan holders that have lower risk operations or smaller
scale response plans. The following are other general ideas that
commenters recommended:
Exercise planners should always plan an exercise with
safety objectives as the priorities because that is more important than
strictly focusing on response time.
Exercise designers should conduct equipment deployment
exercises in average expected conditions.
Exercise planners should ensure plan holders are regularly
involved with Area Committees and Regional Response Team meetings.
Exercise planners should document lessons learned as a key
exercise component, but they should also recognize that taking action
and making changes to processes or plans based on these lessons learned
completes the exercise.
Exercise design (announced and unannounced) should include
objectives that focus on critical factors for response success,
including the dispersant approval process.
Exercise design should consider downstream geographic
areas and address cross-boundary and downstream issues in the
objectives.
There should not be a reluctance to identify and document
problems or challenges during an exercise.
When applicable, Spill Management Team Tabletop Exercises
(TTX) should include communication between the qualified individual and
the SMFF first response.
Exercises should align with staffing levels described in
contingency plans. If additional positions are needed during the
exercise they should be incorporated into subsequent plans and
described under lessons learned.
Exercise planners should include key principal officials
from the design and response organizations.
Exercise planners should consider using multiple spills to
reach the Worst Case Discharge (WCD) level and avoid designing
exercises that are conducted like a rehearsed play.
Exercise planners should use a tiered exercise structure
comprised of quarterly phone confirmations, periodic one-day muster
drills (perhaps one location per month), an annual equipment
deployment, and an annual TTX.
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Response: The PREP Guidelines are not intended to prescribe
specific exercise design processes. Exercise development and conduct
should be defined by the specific exercise planning team and not by the
PREP Guidelines. Therefore, these suggestions are outside the scope of
this Notice. However, due to the universal nature of HSEEP, the NSCC
acknowledges this design process option in the PREP Guidelines.
Comments pertaining to PREP Guidelines Formatting: One commenter
provided a few recommendations to improve the functionality of the
Guidelines. Specifically, the commenter found formatting errors and
suggested different approaches to the example exercise evaluation forms
in Appendix A.
Response: When considering the commenter's format suggestions, the
NSCC came to realize that there are two versions of the PREP
Guidelines. The General Printing Office's (GPO) hard copy version (GPO
2002-493-463) does not have the same errors identified in the online
version. We will ensure these errors do not appear in the updated hard
copy or online version. We also made formatting changes throughout the
document for consistency. Based on the commenter's recommendation, we
would also add an acronym list and remove unnecessary asterisks.
Finally, we note that the draft PREP Guidelines update would replace
Appendix A in its entirety.
Comments on Exercise Frequency: One commenter asked for
clarification on the number of Government-Initiated Unannounced
Exercises (GIUE) that must be conducted annually.
Response: The regulations that govern the number and frequency of
GIUEs for marine transportation-related (MTR) facilities and vessels
are located in 33 CFR Parts 154 and 155. Each agency determines how
many GIUEs are initiated per year within the prescribed limits.
Comments on SMFF: More than a dozen comments were received relating
to SMFF exercise requirements. Most of these comments stated that the
SMFF exercise requirements should be added to the draft Guidelines.
Some of the SMFF-related comments recommended that requirements for
plan holders and SMFF providers should be kept separate from other PREP
oil spill exercise requirements.
Several commenters recommended that the roles and responsibilities
for both plan holder (including vessel owner, operator, and crew) and
SMFF providers should be clearly defined in the PREP Guidelines.
Response: SMFF exercise requirements for vessel response plans were
implemented by regulation, 33 CFR 155.4052, February 2011. Some of
these requirements, including remote assessment and consultation
exercises, are unique to SMFF. As a result of this new regulation, SMFF
requirements for both announced and unannounced exercises were added to
the draft Guidelines.
Although some SMFF exercises can be conducted independently, plan
holders are encouraged to incorporate SMFF into their oil spill
response scenarios. The Draft Guidelines describe SMFF exercise
requirements, including incorporation of SMFF components into oil spill
exercises. Furthermore, the roles and responsibilities for plan holders
and SMFF providers have been clearly defined for each SMFF exercise
type.
Comments on WCD Definition: Several commenters suggested changing
the definition and exercise requirements for the responses to WCD
scenarios.
Response: The definitions for vessel and MTR facility WCD were
updated to reflect the language found in 33 CFR Parts 154 and 155.
However, exercise requirements for vessel and facility plan holder
responses to their WCD, as defined in the regulations, will remain
unchanged as part of the update to the PREP Guidelines.
Comments on Federal Oversight: There were numerous comments
suggesting specific recommendations for Federal regulatory agencies to
improve exercise program oversight. The commenters included specific
documentation and details that Federal agencies should look for when
conducting inspections.
Response: These recommendations are outside the scope of the PREP
Guidelines. Each regulatory agency is responsible for establishing
procedures for enforcing the regulations where they have jurisdiction
and authority.
Paperwork Reduction Act (PRA) of 1995
The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not
conduct or sponsor a collection of information unless it displays a
currently valid OMB control number. Until OMB approves a collection of
information, you are not obligated to respond. While this notice does
not have information collection (IC), the PREP document, which we are
requesting comments on, may be considered IC. The OMB approved all the
ICs and each agency's respective OMB control number is listed on page
iii of the PREP document.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly available only in hard copy. Otherwise, publicly available
docket materials are available electronically in http://www.regulations.gov.
Dated: March 18, 2014.
David M. Moore,
Chief, Oil Spill Response Division, Bureau of Safety and Environmental
Enforcement.
[FR Doc. 2014-06519 Filed 3-24-14; 8:45 am]
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