Secs. 5(a), 5(b), Pub. L. 93-627, 88 Stat. 2131 (33 U.S.C. 1504(a), (b)); 49 CFR 1.46(s).
This subchapter prescribes regulations for the licensing, construction, design and equipment, and operation of deep-water ports.
The terms listed in sections 3 and 18 of the Act, whenever used in Parts 148, 149 and 150, have the same meaning they have in the Act, except as provided in this section for “Affiliate.”
(1) Having any direct or indirect ownership interest in the applicant of greater than three percent;
(2) With whom the applicant has made, or proposes to make, a significant contract for financing, managing or otherwise participating in the construction or operation of the deepwater port proposed to be licensed;
(3) Who owns or controls any person who is an affiliate by operation of paragraphs (a) or (b) of this definition, or who owns or controls the applicant;
(4) Owned or controlled by or under common ownership or control with an applicant or any person who is an affiliate by operation of paragraphs (a), (b) or (c) of this definition; or
(5) Who is determined by the Secretary to have information required to review or process the application.
(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.
(1) Pumping oil between a vessel and the shore.
(2) Berthing and messing facilities for assigned personnel.
(3) Landing area for helicopters.
(4) Mooring and loading for small vessels.
(1) That portion delineated by drilling and defined by gas-oil or oil-water contacts, if any; and
(2) The immediately adjoining portions not yet drilled, but which can be reasonably judged as economically productive on the basis of available geological and engineering data.
This subpart prescribes rules that apply to each application, including competing applications described in section 5(d)(3) of the Act, for the issuance of a license for the ownership, construction, and operation of a deepwater port.
The address of the application staff is: Commandant (G-M), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.
(a) Any person may confer with the application staff concerning the preparation of an application.
(b) An applicant may incorporate by clear and specific reference in his application any:
(1) Standard reference material upon which he relies and which he knows to be readily available to Federal and State Agencies;
(2) Current information contained in previous applications or reports that he has submitted to the application staff; and
(3) Current information contained in a tariff, report or other document previously filed for public record with the Interstate Commerce Commission, the Securities and Exchange Commission, or the Federal Energy Administration, provided:
(i) A certified true and complete copy of the document is attached to each of 10 of the 60 copies of the application required by § 148.107(a);
(ii) Each copy filed with the application bears on its cover notation of the date of filing and the document number or other locator; and
(iii) Any verification or certification required for the original filing (other than from auditors or other independent persons) is brought current to a date not earlier than 30 days prior to the date of the application.
(c) If any required information is furnished pursuant to § 148.111(b), the application need only state with respect thereto, in the appropriate place or places: “Required information is being furnished by [named affiliate] [all affiliates] pursuant to § 148.111(b).”
(a) Sixty copies of each license application must be submitted to the application staff.
(b) One copy of each license application must be submitted to the U.S. Army Corps of Engineers District office
(c) A nonrefundable application fee of $100,000 must be submitted with each application for issuance of a license. If additional information is necessary to make an application complete, no additional application fee is required.
(d) The costs incurred by the United States in processing an application will be charged to the application fee until it is exhausted. Reimbursement for additional processing costs, above the application fee, must be submitted to the application staff when assessed.
(e) Fees and costs assessed under this section must be made payable to the United States Treasury.
Each application must include the following:
(a)
(2) A list of all domestic subsidiaries and a list of all foreign subsidiaries of each applicant and of each affiliate that elects under § 148.111(a) to furnish required information on a consolidated basis.
(3) The name, address and principal business activity of each subsidiary or division of an applicant or an affiliate which participated directly and substantially in the planning, evaluating or approving of participation in the construction, financing, or operation of a deepwater port.
(b)
(2) If the applicant is a corporation, one copy of its charter or instrument by which the corporation is formed and organized under general corporation laws, certified by the Secretary of State or other appropriate authority of the State in which incorporated, and a copy of its by-laws certified by its Secretary or an Assistant Secretary.
(3) If the applicant is a State, or combination of States, or any political subdivision, agency, or instrumentality of a State, including a wholly owned corporation, a copy of the laws authorizing the operations detailed in the application.
(c)
(d)
(e)
(i) Its most recent annual financial statement, including an income statement and a balance sheet, accompanied by an opinion of a certified public accountant; and
(ii) An interim income statement and balance sheet for each subsequent fiscal quarter-year ended prior to 30 days before submission of the application.
(2) The proposed location and capacity of the deepwater port, including all components thereof, together with a general description of the anticipated use of the deepwater port during the expected life of the project.
(3) An estimate of construction costs, by phases together with estimated dates or periods for completion of each phase, or annually, and a detailed estimate of the cost of removal of all marine components of the deepwater port, other than pipelines lying below the seabed.
(4) Annualized projections or estimates of each of the following, at reasonable intervals throughout the expected useful life of the deepwater port:
(i) Total oil throughput together with subtotals of throughput of oil owned by the applicant and affiliates and of throughput of oil owned by others.
(ii) Annual revenue.
(iii) Annual operating expenses, showing separately any anticipated management fee, payment, allowance,
(5) A copy of every agreement or proposal relating to the ownership or management of a deepwater port or any of its components or to the financing of the construction or operation of the deep-water port or component, including those relating to throughputs, capital contributions, loans, guarantees, and commitment therefor.
(6) To the extent known to the applicant or any affiliate, every existing or proposed:
(i) Tariff or portion thereof to be filed with the Interstate Commerce Commission;
(ii) Rate or joint rate; and
(iii) Agreement, arrangement or understanding with respect to terms or conditions on which other persons may become an affiliate or with respect to minimum or maximum tenders or other economic restrictions on shipments by nonaffiliated persons.
(7) To the extent known to the applicant or any affiliate, the anticipated:
(i) Total annual demand for crude oil; and
(ii) Total year-end proved reserves of crude oil for each Production District within the PAD District in which oil from the proposed deepwater port is to be landed, at reasonable intervals throughout the expected useful life of the deepwater port.
(8) To the extent known to the applicant or any affiliate, the anticipated:
(i) Total refinery capacity;
(ii) Total runs to stills; and
(iii) Total demand for gasoline, for jet aviation fuels, for distillate fuel oils, and for other refinery products, for each Refining District within the PAD District in which oil from the deepwater port is to be landed, at reasonable intervals throughout the expected useful life of the deepwater port.
(9) If the PAD District in which oil from deepwater port is to be landed has a surplus:
(i) Of crude oil production and imports over refinery capacity, the information required in paragraph (e)(7) of this section must also be set forth for each Production District within the PAD Districts to which surplus crude oil from the District in which oil from deepwater port is landed is expected to be transported; and
(ii) Of refinery capacity over demand for refinery products, the information required in paragraph (e)(8) of this section must also be set forth for each Refining District within the PAD Districts to which surplus refinery products from the PAD District in which oil from the deepwater port is landed is expected to be transported. If this includes the East Coast Refining District, the information for that district must be separately stated for the following three components:
(
(
(
(10) From each applicant or affiliate which is engaged in producing, refining, or marketing oil, its estimate of its components of the totals required to be included under the provisions of paragraphs (e)(7), (8) and (9) of this section.
(11) From each applicant or affiliate engaged in producing, refining, or marketing oil, for each item it is required to supply under paragraph (e)(10) of this section, its actual data for each of the three calendar years immediately prior to the date of application.
(12) From each applicant or affiliate which has a significant interest in any refinery within any refinery district on which information is required to be disclosed under paragraphs (e)(8) or (9)(ii) of this section, for each refinery, its:
(i) Location;
(ii) Runs to still for each of the three calendar years prior to date of application; and
(iii) Production for each of the three calendar years prior to date of application of gasoline, jet aviation fuel, distillate fuel oils, and other products.
(13) From each applicant or affiliate engaged in producing, refining or marketing oil, for each of the three calendar years immediately prior to the date of application, its total domestic and total worldwide: yearend proved reserves; annual production imports into the United States; and annual refinery runs to still and production of gasoline, jet aviation fuel, distillate fuel oils and other refinery products.
(f)
(2) A listing and abstract of each study relied upon by the applicant and a listing and abstract of each ongoing or completed study pertaining to deepwater ports conducted by or for the applicant, later supplemented by data of particular environmental or operational concern from specific studies identified by the Coast Guard.
(3) The name, address, citizenship and telephone number of each affiliate of the applicant together with a description of the manner in which the affiliate is associated with the applicant.
(4) The name, address, citizenship, telephone number and qualifications of each engineering firm, if known, that will design the deepwater port, or any portion of the port.
(5) The ownership interest in the applicant of each affiliate having any ownership interest in the applicant of greater than 3 percent.
(6) For each affiliate with whom the applicant has made, or proposes to make 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, seabed foundations or any other experience that would bear on his qualification to participate in the construction of a deepwater port.
(7) A copy of each contract made by the applicant for the construction of any component of the deepwater port or for the operation of the port.
(g)
(g-1)
(h)
(i) A description of each pipeline, or other right-of-way crossing, in enough detail to allow plotting of rights-of-way and facilities to the nearest one-tenth of a second in latitude and longitude.
(ii) The identity of the lessee of each pipeline or other right-of-way.
(2) Detailed information concerning any interest that the applicant and others have in each block and concerning the present and planned use of each block.
(i)
(j)
(1) The proposed size and location of:
(i) All fixed and floating structures;
(ii) SPM swing circles;
(iii) Maneuvering areas;
(iv) Recommended ships’ routing measures and proposed vessel traffic patterns in the port area;
(v) Recommended anchorage areas;
(vi) Recommended mooring area for support vessels;
(vii) Required and recommended aids to navigation; and
(viii) Pipelines and cables within the marine site;
(2) The charted water depth throughout the proposed marine site as verified by the reconnaissance hydrographic survey required by this subpart:
(3) A reconnaissance hydrographic survey of the proposed marine site.
A requirement to submit an engineering hydrographic survey of the final marine site will be imposed as a license condition.
(k)
(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 to lesser forces that continue for an extended period, including any history of accretion or erosion of the coast line in proximity to the marine site.
(l)
(2) Calculations with supporting data and other documentation to show that the charted water depth at each proposed SPM location is sufficient to provide at least a 5 foot net under keel clearance for each tanker that the applicant expects to be accommodated at the SPM.
(3) A detailed description of the manner of forecasting the wind, wave, and current conditions described in the draft Operations Manual during which the following would occur:
(i) Shutdown of oil transfer operations.
(ii) Departure of the tanker from the mooring.
(iii) Prohibition on mooring to an SPM.
(iv) Shutdown of all operations and evacuation of the port.
(4) The speed limits proposed for tankers in the safety zone.
(m)
(2) The design criteria, developed pursuant to Part 149 of this chapter, to which each floating component is to 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 and the results of any design and evaluation studies performed by or for the applicant on a floating component.
(6) A description of safety, fire fighting, and pollution prevention equipment to be used on each floating component.
(7) A description of lighting to be used on floating hoses for night detection.
(n)
(2) The design criteria, developed pursuant to Part 149 of this chapter, to which each fixed marine component is to 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 and the results of any design and evaluation studies performed by or for the applicant for any fixed marine component and utilized in the development of the application.
(6) A description of navigational lighting, safety, lifesaving, fire fighting, pollution prevention and removal, and waste treatment equipment to be installed.
(7) A description and preliminary design drawing of the oil pumping equipment, piping system, control and instrumentation system, and any associated equipment, including the oil throughput measuring equipment, leak detection equipment, alarm system, and emergency shutdown equipment.
(8) The personnel capacity of each PPC.
(o)
(2) The design criteria to which the marine pipeline is to 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 the manner in which the crossing will be made.
(p)
(2) Location, capacity, and ownership of existing onshore pipelines, storage facilities, refineries, petrochemical facilities, and transshipment facilities to be served by the deepwater port.
(3) A chart showing the location of all planned and existing onshore pipelines, storage facilities, refineries, and petrochemical facilities and transshipment facilities to be served by the deepwater port.
(4) From each applicant or affiliate which is engaged in producing, refining or marketing oil, throughput of crude oil, of gasoline, of jet aviation fuel, of distillate fuel oils and of other refinery products, for the calendar year preceding the date of application, and a copy of each existing or proposed throughput agreement.
(5) A facility is served by the deep-water port if it is within a PAD District for which information is required under paragraph (e)(7), (8) or (9) of this section and is either served by connection with a common carrier pipeline or a component of or appurtenant to a common carrier pipeline.
(6) Crude oil gathering lines and lines wholly within a facility must be included only if specifically required under paragraph (z) of this section. Entry points and major connections between lines and with bulk purchasers must be included.
(q)
(2) A description of the radar navigation system to be used in operation of the deepwater port to include the type and characteristics of the radar and the antenna location.
(3) A description of plans and method of bunkering vessels using the deepwater port.
(4) Type, size and number of vessels to be used in bunkering, mooring, and servicing the vessels using the deepwater port.
(5) A description and exact location of any shore based support facilities to be provided for vessels described in paragraph (q)(4) of this section.
(r)
(s)
(t)
(u)
(2) For each proposed obstruction light and the proposed rotating lighted beacon, the color, characteristic, effective intensity, height above water, and general description of illumination apparatus.
(3) For each proposed fog signal on a structure, a general description of the apparatus.
(4) For each proposed buoy, the shape, color, number or letter, and depth of water in which located, and a general description of any light or fog signal apparatus installed.
(5) For the proposed radar beacon (RACON), height above water and a general description of the apparatus.
(v)
Federal Communications Commission application for these facilities may be submitted directly to the Federal Communications Commission when sufficient technical information is available to meet the rules of that agency. The holding of appropriate Federal Communications Commission licenses will be made a condition on a deepwater port license.
(w)
(x)
(1) Section 10 of the Rivers and Harbors Act of 1899 (30 Stat. 1151; 33 U.S.C. 403);
(2) Section 404(b) of the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816; 33 U.S.C. 1251); or
(3) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052; 33 U.S.C. 1401).
(y)
(z)
(i) Prepared by or for, or submitted to, a Board of Directors or an executive, management or planning committee.
(ii) Concern the financing of construction or operation of a deepwater port, including throughput nominations and membership in and financing of any existing or proposed joint venture.
(iii) Concern existing or proposed or anticipated rates or joint rates.
(iv) Determined by the Secretary to be required to review and process the application.
(2) Documents referred to in paragraph (z)(1) of this section must be
(3) The Secretary may require an applicant or affiliate to make available for examination under oath or for interview persons having, or believed to have, designated information. Interviews and examinations are conducted by or at the direction of the General Counsel.
(4) The Secretary may require an applicant or affiliate to file as a supplement to the application any analysis, explanation or detailing of information in the application or any other information determined by the Secretary to be required to review or process the application.
(5) Any Federal or State department or agency or other interested person may file with the clerk a request or recommendation for further information. Requests and recommendations received within 30 days after notice of the initial application has been published will be fully considered before any final determination is made under this paragraph (z). Requests and recommendations must include a brief statement of the purpose of any proposed requirement, including, if it relates to conduct, the nature of the conduct and the probable consequences, or if the proposed requirement relates to physical characteristics, the nature of any safety, health, environmental or economic concerns.
(6) In exercising the authority to require supplemental information under paragraph (z)(2), (3) or (4) of this section, the Secretary, the General Counsel, or the designate, as the case may be, may fix a time by which an applicant or affiliate must meet the requirement. If an application states that required information is not yet available but will be furnished at a later date, the Commandant may specify a time by which the information must be provided. If any requirement is not met by a time fixed in accordance with this subparagraph, the Secretary shall determine whether compliance with the requirement is material to processing of the application within the time prescribed in the Act. If the Secretary determines that it is material, he may disapprove the application, or may suspend the application pending a determination that processing can be resumed. The period of any suspension shall not be counted in determining the date prescribed by the time limit set forth in sections 4(c)(6), 5(d)(3), 5(e)(2), 5(g), 7(b)(1) or 9(b)(1) of the Act.
(a)
(b)
This subpart prescribes rules of procedure and practice for application proceedings.
(a) Except as provided in paragraph (b) of this section, the rules in this subpart apply to each application proceeding.
(b) The rules for formal hearings in §§ 148.251—148.291 apply only to application proceedings in which the Commandant issues a notice of formal hearing under § 148.251. The rules for informal hearings in §§ 148.231—148.235 apply only to proceedings to consider applications for issuance, transfer, and renewal of a license.
(a) The mailing address for the clerk in each proceeding is: Commandant (G-M), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.
(b) The clerk maintains a docket and the record for each proceeding. The docket lists each document in the record. The record contains all documents filed or issued in the proceeding that the clerk has received and any other documents in the proceeding that are docketed in accordance with this subpart.
(a) The procedure for inspecting and copying documents in the record of a proceeding is contained in 49 CFR part 7 and section 14 of the Act. Copies of documents in the record of a proceeding are mailed to each adjacent coastal State unless their release is prohibited by 49 CFR part 7 and section 14 of the Act.
(b) Comments submitted by Federal agencies and departments for each proceeding in accordance with sections 5(e)(2) and 7(b) of the Act are docketed when they are received. Copies of the draft and final environmental impact statements prepared in accordance with section 5(f) of the Act are docketed when they are transmitted to the Council on Environmental Quality.
(c) The applicant must designate any portions of the material submitted in an application that contain either trade secrets or commercial or financial information that is claimed to be privileged or confidential. Section 148.219 prescribes procedures for objecting to claims and resolving of disputed issues.
(d) A copy of the application, except trade secrets and confidential information, is available for inspection and copying at: Commandant (G-M), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001.
(e) The application staff will designate a custodian of all documents filed in a proceeding for which protection is claimed under section 14(b) of the Act. The custodian shall not make public for inspection documents for which protection is claimed nor otherwise disclose such information, unless the General Counsel is of the opinion that the disclosure is not inconsistent with the requirements of section 14(b) of the Act. The custodian shall keep a record of all officers and employees of the Department having custody of any copy or copies of undisclosed documents.
The Assistant Commandant for Marine Safety and Environmental Protection takes the action described in section 5(c)(1) of the Act for processing each application received in a proceeding and for issuing in the
(a) Party;
(b) Adjacent coastal State; and
(c) Other coastal State bordering on the body of water in which the proposed port would be located.
If information in an application becomes materially inaccurate or incomplete after it is docketed in a proceeding but before the proceeding is terminated, the applicant must promptly file an amendment furnishing the corrected or additional information. Sixty copies of the amendment must be submitted to the application staff when the revisions are filed.
An applicant may withdraw his application in a proceeding at any time before the proceeding is terminated by delivering or mailing notice of withdrawal to the clerk for docketing.
A port which applies for a determination under section 4(d) of the Act must submit a request in writing to the application staff within 30 days of the date that notice of application is published in the
(a) Be signed by the highest official of the port submitting the request;
(b) Contain a copy of existing plans for the construction of a deep draft channel and harbor;
(c) Certify 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 section 10 of the Act of March 3, 1899 (30 Stat. 1121) for the construction;
(d) Provide any available documentation on:
(1) Initial costs, by phases if staged development, for the proposed onshore project, including dredging, ship terminal and attendant facilities;
(2) Estimated annual operating expenses by phases, if staged development, including labor, for thirty years for all elements of the project;
(3) Estimated time of completion of all elements of the proposed project;
(4) An estimate of the volume of ship traffic, the volume and variety of the tonnage, an assessment of the potential traffic congestion conditions in the port and an assessment of the capability of the port for controlling vessel traffic as a result of the proposed dredging project;
(5) An assessment of the economic benefits estimated to be derived from the project, including:
(i) Economic contribution to the local, and regional area;
(ii) Induced industrial development;
(iii) Increased employment;
(iv) Increases in tax revenues; and
(v) Any other factors; and
(6) An assessment of the environmental and social impact of the project on elements of the local and regional community; and
(e) Provide a statement of its views on whether it seeks a determination that the State port best serves the national interest or that both developments are warranted.
(a) The Assistant Commandant for Marine Safety and Environmental Protection, in issuing a notice of application pursuant to section 5(c)(1) of the Act, designates as an adjacent coastal State each State which would be directly connected by pipeline to the deepwater port proposed in the application or which is within 15 miles of the proposed deepwater port. A State not designated as an adjacent coastal State in the notice of application may request to be so designated on the basis that the risk of damage to its coastal environment is equal to or greater than the risk posed to a State directly connected by pipeline to the proposed deepwater port.
(b) Each request submitted under paragraph (a) of this section must:
(1) Be submitted in writing to the application staff within 14 days after the date of publication of the notice of application in the
(2) Be signed by the Governor of the State;
(3) Set forth the facts and any available analyses in support of the request
(4) State why the requesting State believes the risk of damage to its coastal environment is equal to or greater than the risk posed to a State connected by a pipeline to the proposed deepwater port.
(c) The application staff transmits a copy of each request submitted in accordance with paragraph (b) of this section to the Administrator of the National Oceanic and Atmospheric Administration and requests his recommendations within a period of time that will allow the Secretary to determine the matter within 45 days after the date the request was received.
(d) If, after having received the recommendation of the Administrator of the National Oceanic and Atmospheric Administration, the Secretary determines that there is a risk of damage to the coastal environment of the requesting State equal to or greater than the risk posed to a State directly connected to the proposed deepwater port, he grants the request and designates the requesting State as an adjacent coastal State. If he determines that there is not such a risk, he denies the request and so notifies the Governor of the requesting State.
(a) Any person required to furnish information may assert, as ground for relief from the requirement, any failure to comply with this part or any other constitutional or legal right or privilege.
(b) In general, claims relating to documents must be made on filing an application or on receiving a determination by the Secretary pursuant to § 148.109(z).
(c) If a person claims attorney-client privilege, he must identify the communication by date, type of communication, persons making and receiving the communication, 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 similarly identified. The identification must be filed with the clerk or as a document pursuant to § 148.269.
(d) Any document claimed to be protected by section 14(b) of the Act must be placed in a sealed envelope, containing the name of the person claiming the protection and of the applicant, and the date or anticipated date of the application. A brief statement of the basis of the claim must be included, either on the envelope or separately. If a number of documents are involved, they must be grouped according to nature of claim, and a self-explanatory numbering system used for envelopes and documents.
(e) Written objection to any claim may be made by any Federal or State department or agency, or any applicant, affiliate, party or other interested person. The objection shall include a brief statement of its basis and identify the documents to which it applies.
(f) Except as provided in paragraph (g) of this section, the General Counsel shall determine, or designate a person to determine, issues raised by any claim filed under this section. A designation by the General Counsel may specify procedures to be used in resolving the issue or may leave some or all of the procedural matters to the discretion of the designated person. The proceedings pursuant to a designation shall be reported to the General Counsel, who shall approve, modify or disapprove the reported findings and conclusions.
(g) Any person making or objecting to a claim, or other interested person, may at any time file with the General Counsel a request or recommendation as to procedures. The General Counsel may act upon it or refer it to a person designated to resolve the issue.
(h) At any formal or informal hearing the presiding officer may permit any person to assert any claim that could be filed under this section and may determine any issue raised by the claim or, in his discretion, refer it to the General Counsel for resolution pursuant to paragraph (f) of this section.
(i) The filing of any claim under this section, other than a claim of document protection under paragraph (d) of this section, shall stay the time for meeting any information required to which the claim relates, but shall not stay the periods for processing and review of an application unless the Secretary determines that compliance with the requirement is material to processing of the application within the time prescribed in the Act. If the Secretary determines that it is material, he may suspend the application pending a determination that processing can be resumed. The period of any suspension shall not be counted in determining the date prescribed by the time limit set forth in section 4(c)(6), 5(d)(3), 5(e)(2), 5(g), 7(b)(11) or 9(b)(1) of the Act.
(j) Any determination by the General Counsel under paragraph (f) of this section may be appealed to the Secretary for good cause shown.
After all applications in a proceeding are docketed, the Commandant issues a notice of public hearing and mails or delivers it to any person who requests it and to each applicant and adjacent coastal state. The clerk dockets the notice when it is published. Each notice shows the time and place for the hearings, formulates the factual issues in the proceeding, procedural matters to govern the hearings, and designates the presiding officer assigned by the Commandant for the hearing.
Interested persons may attend any public hearing, present relevant material at the hearing, and submit briefs and oral argument at a time determined by the presiding officer during the hearing.
As soon as practicable after a public hearing is completed, the presiding officer forwards a report of the hearing to the clerk for docketing. The report at a minimum contains a summary of the materials presented and factual issues raised at the hearing and has attached to it a transcript of the hearing and all relevant materials and briefs submitted to the presiding officer. The presiding officer determines and announces to the participants during the course of the hearing what material will be attached to the report.
(a) After the reports of public hearings are docketed in a proceeding, the Commandant determines whether there are specific and material factual issues concerning the applications that may be resolved by a formal hearing. If he determines that a formal hearing is necessary, he issues notice of formal hearing to the applicants, the application staff, and the administrative law judge.
(b) A notice of formal hearing lists the factual issues for resolution at the hearing, the applicants, and the administrative law judge assigned to conduct the hearing.
(c) The clerk mails or delivers a copy of the notice of formal hearing in a proceeding to each adjacent coastal state and to each person who requests notice of formal hearing.
(a) The Commandant assigns the administrative law judge for a formal hearing.
(b) The administrative law judge may disqualify himself at any time after assignment by filing notice of withdrawal from the proceeding. If on motion of a party the administrative law judge does not disqualify himself, the party may appeal the ruling to the Commandant by filing notice of appeal within seven days after the ruling on the motion. A brief may be filed with the notice of appeal.
(c) If the assigned administrative law judge becomes unavailable during the proceeding, another administrative law judge is assigned.
(a) The jurisdiction of the administrative law judge over a proceeding begins when he is assigned. His jurisdiction ends 20 days after the transcript of the formal hearing is docketed or when he issues notice of withdrawal from the proceeding.
(b) The Commandant exercises the authority of an administrative law judge in a proceeding when no administrative law judge has jurisdiction.
The administrative law judge assigned to a formal hearing may:
(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Adopt procedures for the submission of evidence in written form;
(d) Rule on offers of proof and receive relevant evidence;
(e) Examine witnesses at the formal hearing;
(f) Dispose of procedural requests or similar matters;
(g) Convene, recess, reconvene, adjourn, and otherwise regulate the course of the formal hearing;
(h) Certify questions to the Commandant;
(i) If a party to a formal hearing fails to appear at a session of the hearing, proceed with the session without further notice to the party;
(j) Extend or shorten a time prescribed by this subpart to the extent consistent with the 240 days time limit prescribed in section 5(g) of the Act for completing public hearings in a proceeding;
(k) Prescribe a time for doing an act if the time is not prescribed in this subpart; and
(l) Take any other action authorized by or consistent with this subpart, the Act, or 5 U.S.C. 551-559.
If two or more applications have been filed in a proceeding, or if a person opposing an application has intervened in the proceeding, the administrative law judge may not consult any party on a fact in issue except on notice and opportunity for all parties to participate. The administrative law judge must prepare a summary of and have docketed each ex parte communication in the proceeding.
The parties to a formal hearing are the application staff, the applicants, and intervenors in the proceeding.
(a) Any person may file a petition to intervene in a formal hearing, and any adjacent coastal state may intervene by filing a notice of intervention. The petition must be addressed to the administrative law judge, must identify the specific matters in the hearing on which he seeks to intervene and his interest in those matters, and must designate the name and address of a person upon whom service may be made if the petition is granted. A party to the formal hearing may file an answer to a petition within five days after the petition is filed.
(b) A petition to intervene must be filed within ten days after notice of formal hearing is issued.
(c) Intervention may be limited to particular matters or to particular times in the hearing if necessary to prevent repetitious evidence and argument or to control the course of the formal hearing.
(d) If the administrative law judge denies a petition in whole or part, the petitioner may appeal to the Commandant by filing notice of appeal within seven days after the denial is issued. A brief may be filed with the notice of appeal. A party may file a brief in support of or in opposition to the appeal within seven days after the notice of appeal is filed.
(a) At any time before a formal hearing, any person who is not a party may submit to the administrative law judge a petition to present evidence at the formal hearing. The petition must be sent to the administrative law judge or to the clerk who will forward it to the administrative law judge. The petition must contain a statement describing in detail the evidence to be presented and must show its relevancy to factual
(b) If a petition is granted, the ruling delineates the evidence that may be presented at the formal hearing.
(a) Each party to a formal hearing, except an individual, must appear by his attorney. Each attorney must file a notice of appearance that states his name, address, telephone number, and the name of the person he represents. With his notice of appearance, each attorney must file a written authorization from his client.
(b) Each attorney representing a person in a proceeding must be admitted, and be in good standing, to practice before a court of the United States or the highest court of any State, territory or possession of the United States.
(c) The administrative law judge assigned to the formal hearing may suspend or bar an attorney from representing a person in the proceeding if he finds that the attorney has failed to conform to the standards of conduct required for attorneys in the Courts of the United States.
(d) The administrative law judge may exclude any person from a formal hearing or a conference if the person is contumacious at the hearing or conference.
(a) Each document, except an application, filed in a proceeding or submitted to the administrative law judge must:
(1) List the docket number of the proceeding; and
(2) Be signed in ink by the person filing or submitting the document and show the capacity of the person signing, his address, and the date of signing.
(b) Each document filed in a proceeding, except an application, must:
(1) Be accompanied by ten copies of the document;
(2) Show the name and address of each person upon whom a copy of the document has been served;
(3) Be accompanied by an affidavit showing proof of service if the person serving the process is not an attorney; and
(4) Contain the following certificate of service if the person serving the process is an attorney:
I hereby certify that I have this day served the foregoing document upon ————————————————in accordance with 33 CFR 148.275.
Dated at —————— this ——————day of ——————, 19——.
The signature on a document filed, served, or submitted to the administrative law judge in a proceeding is certification by the person signing that he has full authority to sign the document, that he has read it and knows its contents, that to the best of his knowledge, information, and belief the statements made in it are true, and that it is not interposed for delay.
(a) A document is filed in a proceeding when it meets the requirements in § 148.269 and is deposited in the mail or, if not mailed, is received by the clerk.
(b) If the clerk receives a document that does not comply with § 148.269 he returns it to the person who submitted it with a statement of reasons for the return.
(c) Filing by mail must be by certified mail.
(a) The clerk serves each order, ruling, decision, and notice upon all parties to a formal hearing when issued, except a document issued at the formal hearing or a prehearing conference.
(b) Each document before it is filed in a proceeding must be served upon:
(1) All parties, except the person filing the document; and
(2) The administrative law judge or if no administrative law judge has jurisdiction, the Commandant.
(c) Service of a document upon a party must be made upon the attorney representing the party or, for a party not represented by an attorney, upon the party.
(d) Service must be made by handing a copy of the document to the person to be served or depositing a copy of the document in the mail.
(e) This section does not apply to service of subpoenas. Rules for serving subpoenas are in § 148.281.
(f) The clerk mails to a person who is not a party, and who has submitted a petition or motion in the proceeding, a copy of the ruling on the petition or motion when issued and a copy of the action taken on any appeal of the petition. He mails a copy of the notice of the formal hearing, when the notice is issued, to each person whose petition to present evidence has been granted under § 148.265.
(g) The clerk provides the applicants and the administrative law judge with a copy of each application and report of public hearing docketed in the proceeding.
(a) The administrative law judge may hold one or more prehearing conferences to give the parties an opportunity to present and consider facts and arguments, to exchange exhibits proposed to be offered in evidence, and to obtain stipulations, admissions, and agreements to produce documents and other tangible things. The administrative law judge may consider at a conference the procedure to be followed at the formal hearing, limitations on the number of witnesses at the hearing, and any other matters that may expedite the disposition of the proceeding.
(b) The administrative law judge may hold conferences during a formal hearing to expedite the disposition of the proceeding.
(c) If a prehearing conference is held, the administrative law judge issues a notice reciting the action taken at the conference and any agreements made between the parties.
(a) Any request for a ruling or relief in a proceeding, except a request for a subpoena or a petition to intervene or present evidence at a formal hearing, must be submitted by motion. Each motion must be addressed to the administrative law judge, state the ruling or relief sought and the grounds therefor, and be accompanied, if appropriate, by a proposed order. Each written motion must be filed. An oral motion may be made only at the formal hearing or a conference.
(b) Within seven days after service of a written motion, a party may file an answer supporting or opposing the motion.
(c) Unless otherwise authorized by the administrative law judge, no oral argument is heard on a written motion. A brief may be filed with a written motion or an answer to a written motion.
(d) The administrative law judge issues a ruling and any appropriate order for each motion made.
(e) Except as otherwise provided in §§ 148.253 and 148.263, a ruling of the administrative law judge on a motion may not be appealed to the Commandant. The administrative law judge may refer any ruling to the Commandant for review if he determines that the ruling involves an important question of law or policy.
(a) At any time before a formal hearing is completed, a party may submit a request to the administrative law judge for issuance of a subpoena. A request for issuance of a subpoena must show the general relevance and scope of the evidence sought.
(b) A proposed subpoena and fifteen copies, and witness fees for one day and mileage, must be submitted with each request. A proposed subpoena must contain:
(1) The docket number of the proceeding;
(2) The captions “Department of Transportation,” “Coast Guard,” and “Licensing of Deepwater Port for coastal waters off (
(3) The name and office of the administrative law judge;
(4) A statement commanding the person to whom the subpoena is directed to attend the formal hearing and give testimony or, for a subpoena to produce documentary evidence, a statement commanding the person to produce designated documents, books,
(5) Explanation of the procedure in § 148.279 and paragraph (e) of this section for quashing a subpoena.
(c) Unless otherwise authorized by the administrative law judge, a subpoena must be served in accordance with Rule 45 of the Federal Rules of Civil Procedure.
(d) A subpoenaed witness is paid the same fees and mileage paid to witnesses subpoenaed in District Courts of the United States. The person requesting a subpoena must pay the fees and mileage.
(e) Any motion to quash a subpoena must be submitted within seven days after service of the subpoena.
(f) If a person does not comply with a subpoena and the administrative law judge on motion rules that good cause has been shown for seeking judicial enforcement of a subpoena, he refers his ruling to the Commandant.
(a) The administrative law judge schedules the formal hearing by issuing a notice to the parties.
(b) The clerk mails or delivers a copy of the notice to any person who requests it.
(a) The reporter for a formal hearing is arranged for by the clerk. The reporter prepares a verbatim transcript of the hearing under the supervision of the administrative law judge. Nothing may be deleted from the transcript unless ordered by the administrative law judge and noted in the transcript.
(b) After a formal hearing is completed, the administrative law judge certifies and forwards the transcript to the clerk for docketing.
(c) At any time within 20 days after the transcript is docketed, the administrative law judge may make corrections to the certified transcript. Corrections when filed are attached to the transcript as appendices. Any motion to correct the transcript must be submitted within ten days after the transcript is docketed.
The administrative law judge determines the order of procedure for each formal hearing.
A party may present evidence and conduct cross-examination of witnesses at a formal hearing. Other persons may present evidence that they have been authorized to present under § 148.265.
(a) The Commandant reviews each ruling referred or appealed to him under this subpart and issues a ruling and any appropriate order. Unless otherwise ordered by the Commandant or the administrative law judge, review of a ruling does not stay a formal hearing or extend a time period prescribed by this subpart.
(b) If the administrative law judge refers a ruling to the Commandant, he gives notice to the parties of the referral.
(a) During the 45-day period immediately following the completion of the final public hearing on a proposed deepwater port license for a designated application area, opportunity is provided for the various Federal departments and agencies having expertise concerning, or jurisdiction over, any aspect of ownership, construction, or operation of deepwater ports or having a duty under the Act with respect thereto and the Governor of each adjacent coastal State to formulate and transmit to the Secretary their determinations, recommendations, opinions and approvals or disapprovals, as the case may be.
(b) Within 45 days after the expiration of the 45-day period described in paragraph (a) of this section, the Secretary approves or denies each application for a deepwater port license in the designated application area.
(a) The Secretary approves an application only after he determines that:
(1) The applicant is financially responsible and will carry insurance or give evidence of other financial responsibility in the amount of $50,000,000 to cover the clean-up costs and damages that could result from a discharge of oil from the deepwater port concerned or from a vessel moored at the deepwater port;
(2) The applicant can and will comply with applicable laws, regulations, and license conditions;
(3) The 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 and environmental quality;
(4) The deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law;
(5) In accordance with the environmental review criteria set forth in Appendix A to this part, that the applicant has demonstrated that the deepwater port will be constructed and operated using the best available technology, so as to prevent or minimize adverse impact on the marine environment; and
(6) The adjacent coastal State to which the deepwater port concerned is to be connected by pipeline, has developed, or is making, at the time the application was submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 in the area to be directly and primarily impacted by land and water development in the coastal zone resulting from the deepwater port or is receiving a planning grant under section 305 of the Coastal Zone Management Act.
(b) In deciding whether to approve or deny an application and in making the related preliminary determinations specified in paragraph (a) of this section, the Secretary considers:
(1) The information set forth in the application concerned and any other applications for licenses for the same application area submitted in accordance with section 5(d)(3) of the Act;
(2) The information developed during hearings held pursuant to §§ 148.231 through 148.291;
(3) The final environmental impact statement for the application area concerned;
(4) The views of the Secretary of the Army, the Secretary of State, and the Secretary of Defense on the adequacy of the application and its effects on programs within their respective jurisdictions;
(5) The views and recommendations of the heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the ownership, construction or operation of deepwater ports; and
(6) The opinions of the Federal Trade Commission and the Attorney General as to whether issuance of the license would adversely affect competition, restrain trade, promote monopolization or otherwise create a situation in contravention of the antitrust laws.
(c) The Secretary does not approve an application if, within the 45-day period immediately following the completion of the final public hearing:
(1) The Administrator of the Environmental Protection Agency determines that the proposed deepwater port will not conform with all applicable provisions of the Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, or the Marine Protection, Research and Sanctuaries Act, as amended; or
(2) The Governor of an adjacent coastal State disapproves the issuance of the license.
(a) Except as provided in paragraph (b) of this section, in the case of more than one application for a deepwater port license in a designated application area, only one application may be approved according to the following order of priorities:
(1) An applicant that is an adjacent coastal State (or combination of States), any political subdivision thereof or agency or instrumentality, including a wholly owned corporation thereof.
(2) An applicant who is not:
(i) Engaged in producing, refining, or marketing oil;
(ii) An affiliate of any person who is engaged in producing, refining or marketing oil; or
(iii) An affiliate of such an affiliate.
(3) Any other applicant.
(b) Notwithstanding the order of priorities listed in paragraph (a) of this section, if the Secretary determines that one of the proposed deepwater ports will clearly best serve the national interest, he may approve the application for that port. In making this determination, the Secretary considers:
(1) The degree to which the proposed deepwater ports affect the environment as determined under the review criteria set forth in Appendix A to this part;
(2) Any significant differences between anticipated completion dates for the proposed deepwater ports; and
(3) Any differences in costs of construction and operation of the proposed deepwater ports to the extent that such differential may significantly affect the ultimate cost of oil to the consumer.
The Commandant terminates a proceeding if:
(a) All applications are withdrawn before the decision approving or denying them is issued; or
(b) In a proceeding with one application that does not have all of the information required by Subpart B of this part, the applicant after inquiry by the application staff does not provide adequate assurance that further information to make the application is forthcoming.
This subpart prescribes rules that apply to the issuance of a license under the Act.
If an application under the Act is approved, a license is issued containing the following:
(a) The name and number or identification of the port.
(b) The name of the owner and operator of the port.
(c) Conditions to the ownership, construction, and operation of the deepwater port issued under section 4(e) of the Act.
Each license is issued for a term of 20 years, unless a shorter period is requested in the application.
(a) The Governor of an adjacent coastal State may consult with the application staff concerning license conditions that the application staff may have under consideration.
(b) If the Governor of an adjacent coastal State notifies the Secretary that an application, which would otherwise be approved in a proceeding, is inconsistent with State programs relating to environmental protection, land and water use, or coastal zone management, the notification should include a description of:
(1) The State's environmental protection, land or water use, or coastal zone management program with which the application is inconsistent and how the application is inconsistent; and
(2) Conditions that if imposed on the license would make it consistent with the State program.
(a) This subpart prescribes requirements for site evaluation and preconstruction testing at potential deepwater port locations.
(b) For the purpose of this subpart, “site evaluation and preconstruction testing” means all field studies performed at potential deepwater port locations, including:
(1) Preliminary studies to determine site feasibility;
(2) Detailed studies of the topographic and geologic structure of the ocean bottom to determine its ability to support offshore structures and appurtenances; and
(3) Studies involved with the preparation of the environmental analysis required under § 148.109(t).
(a) Any person desiring to conduct site evaluation and preconstruction testing at potential deepwater port sites must submit a written notice to the Commandant (G-M), U.S. Coast Guard, Washington, DC 20593, at least 10 days before the commencement of any activities.
(b) The written notice of proposed site evaluations and preconstruction testing at potential deepwater port locations must include the following:
(1) The identification of persons or agencies participating in the proposed activities.
(2) The type of activities and the manner in which they will be conducted.
(3) Chartlets showing the location where the proposed activities are to be conducted and locations of all offshore structures, including pipelines and cables, in or near the area of proposed activity.
(4) The specific purpose of the activities.
(5) The dates on which the activities will be commenced and completed.
(6) Available environmental 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, including a report of each contact made with any appropriate State liaison officer for historic preservation.
(c) For the activities listed below, because they are not usually harmful to the environment, the notice need contain only the information required in paragraphs (b)(1), (2), and (5) of this section, as well as a general indication of the proposed location and purpose of the activities:
(1) Gravity and magnetometric 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 permitted by another Federal agency.
(5) Meterological measurements, including the setting of instruments.
(6) Hydrographic and oceanographic measurements, including the setting of instruments.
(7) Small diameter core sampling to determine foundation conditions.
(d) The Coast Guard advises and coordinates with appropriate Federal agencies and States concerning activities under this subpart.
(e) If necessary, the Coast Guard requires additional information in individual cases.
(a) No person may conduct activities to which this subpart applies except in compliance with the regulations in this subpart and all other applicable laws and regulations.
(b) A separate written notice is required for each site.
(c) Measures must be taken to prevent or minimize the effect of those activities that may:
(1) Adversely affect the environment;
(2) Interfere with authorized uses of the Outer Continental Shelf or navigable waters; or
(3) Pose a threat to human health and welfare.
Each person conducting site evaluation and preconstruction testing at potential deepwater port locations shall:
(a) Notify the Coast Guard of any evidence of objects of cultural, historical, or archeological significance immediately upon their discovery;
(b) Notify the Coast Guard immediately of any:
(1) Adverse effects on the environment;
(2) Interference with Authorized uses of the Outer Continental Shelf;
(3) Threat to human health and welfare; and
(4) Adverse effects on any site, structure, or object of potential historical or archeological significance; and
(c) Submit a preliminary written report to the Coast Guard within 30 days after the completion of activity that contains, as reasonably available at that time:
(1) A narrative description of the activities performed;
(2) Charts, maps, or plats for the area where the activities were conducted and referencing the narrative description required in paragraph (c)(1) of this section;
(3) The dates on which the activities were performed;
(4) Information on any adverse effects on the environment, other uses of the area where the activities were conducted, human health or welfare, or any site, structure, or object of potential historical or archeological significance;
(5) Data on the historical or archeological significance of the area where the activities were conducted, including the report of an underwater archeologist, if physical data indicate the need for such expertise as related to the activities undertaken; and
(6) Any addtional information that may be required by the Coast Guard; and
(d) Submit to the Coast Guard within 120 days after the completion of activity a final detailed report that contains all the data required in paragraph (c) of this section that was not included in the preliminary report.
(a) The Commandant may order, either in writing or orally with written confirmation, the immediate suspension, for a period not to exceed 30 days, of any site evaluation activity when, in his judgment, such activity threatens immediate, serious, and irreparable harm to human life, biota, property, cultural resources, any valuable mineral deposits, or the environment. During any suspension the Coast Guard will consult with the sponsor of the activity suspended concerning appropriate measures to remove the cause for suspension. A suspension may be rescinded at any time upon presentation of satisfactory assurance by the sponsor that the activity no longer adversely threatens the quality of the human environment.
(b) The Commandant may prohibit those activities that:
(1) Are suspended under paragraph (a) of this section, if the cause for suspension is not or cannot be removed;
(2) Threaten immediate, serious, and irreparable harm to life, including biota, property, cultural resources, any valuable mineral deposits, or the environment;
(3) Violate the requirements of this subpart; or
(4) Are otherwise inconsistent with the purposes of the Act.
This subpart sets forth the procedures governing exemptions from any requirement in this part 148, parts 149 and 150.
(a) Any person required to comply with any specific requirements in Part 148, Parts 149 and 150 may submit a petition to the Commandant for an exemption.
(b) A petition for exemption must be submitted in writing. It may be in any form, but it must be specific and it must contain all data necessary to evaluate its merits.
A petition for exemption under this subchapter that appears to involve the interests of an adjacent coastal State will be referred to the Governor of that State for consideration and recommendation.
The Commandant grants an exemption if he determines that:
(a) Compliance with the regulations would be contrary to the public interest;
(b) Compliance would not enhance safety or the environment;
(c) Compliance is not practical because of local conditions or because the materials or personnel needed for compliance are unavailable;
(d) National defense or national economy justify a departure from the rules; or
(e) The alternative proposed in the petition would:
(1) Ensure comparable or greater safety; environmental protection; and quality of construction, maintenance and operation of a deepwater port; and
(2) Would be consistent with recognized principles of international law.
This subpart sets forth the limits of liability for U.S. deepwater ports in accordance with section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704).
(a) The limits of liability for U.S. deepwater ports will be established by the Secretary of Transportation on a port-by-port basis, after review of the maximum credible spill and associated costs for which the port would be liable. The limit for a deepwater port will not be less than $50 million or more than $350 million.
(1) The limit of liability for the LOOP deepwater port licensed and operated by Louisiana Offshore Oil Port, Inc., is $62,000,000.
(2) [Reserved]
(b) [Reserved]
I.
Section 6 of the Act reads as follows:
Sec. 6. (a) The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after the date of enactment of this Act, environmental review criteria consistent with the National Environmental Policy Act. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including:
(1) the effect on the marine environment;
(2) the effect on oceanographic currents and wave patterns;
(3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources;
(4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers;
(5) effects of land-based developments related to deepwater port development;
(6) the effect on human health and welfare; and
(7) such other considerations as the Secretary deems necessary or appropriate.
(b) The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.
(c) Criteria established pursuant to this section shall be developed concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection.
II.
—that the construction and operation of the deepwater port will be in the national interest and consistent with national security
—in accordance with the environmental review criteria established pursuant to section 6 of the Act, that the applicant has demonstrated that the deepwater port will be constructed and operated using the best available technology to prevent or minimize adverse impact on the environment. (Sections 4(c)(3) & (5) of the Act.)
These criteria are therefore intended to be used to evaluate the environmental soundness of a proposed deepwater port and to serve as basic guidelines for determining what environmental impacts could result from deepwater port development and the procedures and technology which can be used to prevent or minimize adverse impacts.
B. In accordance with section 5(f) of the Act, these criteria shall also be considered in the preparation of a single, detailed environmental impact statement for all timely applications covering a single application area. Additionally, section 5(i)(3) of the Act specifies that, in the event more than one application is submitted for an application area, the criteria shall be used, among other factors, in determining whether any one proposed deepwater port clearly best serves the national interest.
III.
The overall intent of this review is to arrive at a comprehensive evaluation of the significance of the discrete and cumulative environmental impacts, adverse and beneficial, of the project as proposed and to determine whether or not the applicant has demonstrated that the deepwater port will be constructed and operated using the best available technology, so as to prevent or minimize adverse impact on the marine environment.
A. The proposed deepwater port will be evaluated to assess the magnitude and importance of its probable negative and positive environmental impacts. This review will include comparison with reasonable alternative actions, such as: the no-action case (alternative transportation schemes for imported oil); alternative sites, designs, and systems; and other deepwater ports. The information necessary for such an evaluation will be provided by the Federal Environmental Impact Statement and other sources as necessary. A picture of the relative net environmental impact of the proposed project should be obtained. Also, identification of actions which might be taken with respect to procedures and technology to prevent or minimize probable adverse effects will be made. The following are the primary areas of concern:
1.
(
a. The potential effects of surface and bottom disturbances and increased turbidity both directly on ecological habitats and on the life stages of biological populations and indirectly on such habitats and populations through modifications of the physical, geological, and/or chemical environment.
b. The potential effects of pollutants, especially oil, on ecological habitats and the life stages of biota.
c. The potential effects on threatened or endangered species and on ecosystems.
2.
a. The potential primary effects of construction and operation on,
i. surface, midwater and bottom currents,
ii. waves,
iii. tides and tidal currents, especially in constricted coastal areas and estuaries,
iv. ice;
b. The potential secondary impacts of changes to current and wave patterns on sand and sediment transport, turbidity, beach processes, salinity and sedimentation rates resulting from changes to current, wave and tide patterns; and, the resulting impacts on biological systems, on shorelines and beaches, and on their alternate uses.
3.
a. Scientific study;
b. Fishing (commercial and recreational);
c. Exploitation of other living and non-living resources;
d. Sanctuary maintenance;
e. Recreation;
f. Approved costal zone management plans;
g. Power generation;
h. Transportation;
i. Other commercial, industrial or public uses and the national defense.
4.
a. From waves, winds, weather, and geological conditions;
b. The steps which can be taken to minimize such dangers with respect to,
i. siting,
ii. design,
iii. construction,
iv. operations and procedures.
5.
a. Stream and river flow, ground and surface water quality and supplies;
b. Marine water quality;
c. Air quality;
d. Alternate land and water uses,
i. wetlands,
ii. habitats,
iii. nurseries,
iv. recreation,
v. wilderness, preserves, and wild and scenic rivers,
vi. existing and proposed sanctuaries,
vii. historical and cultural areas,
viii. open and green space,
ix. agricultural and grazing,
x. residential and commercial,
xi. industrial,
xii. transportation,
xiii. power generation and transmission,
xiv. others.
6.
a. Health:
i. the physiological effects of reduced or altered air and water quality or supply, of altered or increased noise levels or quality, of altered community density, etc., and the psychological effects of the above;
ii. the risk of human safety and life posed by a proposed project.
b. Welfare—the ultimate effects of dynamic economic and social change inflicted directly or induced upon the relevant communities, including but not limited to the projected changes in employment, population density, housing and public services, and tax base.
B. In this second part, the proposed project will be appraised for the effort made to prevent or minimize the probable adverse impacts on the environment. This appraisal is primarily concerned with the project as proposed and alternatives are relevant only insofar as they may represent a spectrum of possible actions against which the proposal will be judged. Areas of concern are: siting, design, construction, and operation; and, land use and coastal zone management. Specifically, the review will consider the degree of adherence to the following guidelines.
1.
a. The deepwater port and all its components, including receiving terminals, inline transportation facilities and stations, ancillary and service facilities, and pipeline, should occupy the minimum space necessary for safe and efficient operation and should be located, as much as possible, in areas in which permanent alteration of wetlands is not necessary. Buffer zones should be provided to separate onshore facilities from incompatible adjacent land uses.
b. The deepwater port facility and its offshore components should be located in areas which have stable sea-bottom characteristics and, its onshore components should be located in areas in which a stable foundation can be developed and flood protection levees, if appropriate, can be constructed.
c. The deepwater port facility should be located in an area where existing offshore structures and activities will not interfere with its safe operation, and where the facility or navigation to and from that facility, will not interfere with the safe operation of existing offshore structures. Water depths and currents in and around the deepwater port and its approaches should pose no undue hazard to safe navigation. Extensive dredging or removal of natural obstacles such as reefs, should be avoided. The siting procedure should select an area where projected weather, wave conditions, and seismic activity minimize the probability that damage will occur to the deepwater port, tankers, pipeline, and component shoreside facilities from storms, earthquakes, or other natural hazards.
d. Selection of sites should maximize the permitted use of existing work areas, facilities and access routes for construction and operations activities. Where temporary work areas, facilities, or access routes must be used, they should be to the fullest extent possible, designed and constructed in such a manner to permit restoration to the preconstruction environmental conditions or better.
e. The deepwater port facility, navigational fairway(s) and pipelines should be sited where the interactions of facilities’ requirements and natural environment are optimized to prevent adverse impacts or to produce minimal, acceptably low adverse effects. Key factors in assessments should include (but not necessarily be limited to) projected winds, waves, current, spill size and frequency, cleanup capability, shoreline/estuarine/bay sensitivity; biological resources, damage potential and recovery rate; facility design; and project economics.
f. The deepwater port, pipeline, and attendant facilities should be located as far as practicable from the vicinity of critical habitats for biota, including but not limited to commercial and sports fisheries and threatened and endangered species.
g. Sites should reflect negligible displacement of existing or potentially important uses such as the following:
i. fisheries,
ii. recreation,
iii. mining,
iv. oil and gas production,
v. transportation.
h. Siting should favor areas already allocated for similar use and the implications of density of such uses.
i. port facilities—existing tanker and barge traffic—existing ports which can be used for service vessels.
ii. pipelines—use of existing corridors.
iii. secondary facilities—use of (or expansion of) existing storage, refinery, and other support facilities.
iv. construction facilities—use of existing equipment and personnel staging yards.
i. The deepwater port, pipelines and other offshore facilities should be sited so as to not permanently interfere with the natural littoral process or to alter significantly any tidal pass or other part of the physical environment important to natural currents and wave patterns.
j. Pipelines, or other deepwater port components or facilities requiring dredging, should not be located where sediments with high levels of heavy metals, biocides, oil, or other pollutants or hazardous materials exist.
2.
a. All oil transfer, transportation, and storage facilities, systems and equipment should include appropriate safeguards and backup systems and/or be operated under procedures to minimize both the possibility of pollution incidents resulting from personnel and equipment failures, natural calamities and casualties, such as tanker collisions or groundings, and the adverse effects of those pollution incidents which occur. These facilities, systems, and equipment, should be designed to permit safe operation, including appropriate safety margins, under maximum operating loads and the most adverse operating conditions to which each may be subjected.
b. All facilities should be provided with a safe, environmentally sound method for the collection, storage, and disposal of solid and liquid wastes generated by such facilities. When prescribed by law or regulation, the deepwater port may be required to be fitted with additional facilities for the collection and treatment of ship-generated liquid and solid wastes, such as oily bilge and oily ballast water, tank cleaning residues, sludge wastes, and sewage and garbage.
c. The proposed project should be designed, constructed and operated so as not to interfere permanently with natural littoral processes or other significant aspects of currents and wave patterns. Additionally, harmful erosion or accretion, both onshore and offshore, should be prevented. Groundwater drawdown or saltwater intrusion should not be permitted. Moreover, mixing of salt, brackish, and fresh waters should be minimized. Designs should not include factors which will disrupt natural sheetflow, water flow, and drainage patterns or systems.
d. The proposed project should not interfere with biotic populations. Potential effects on breeding habitats or migration routes should receive particular attention.
e. The proposed project should be designed, constructed and operated so as to make maximum feasible use of already existing local facilities such as roads, pipelines, docking facilities and communications facilities.
f. Disposal of spoil and refuse material should be effected only at disposal sites specifically selected and approved by competent authorities. Whenever and wherever possible, the proposal should provide for resource recovery, reclamation of affected areas, or enhancing uses of spoil and waste.
g. Personnel trained in oil spill prevention should be present at critical points at the deepwater port (as identified in the accident analysis). Personnel should also be trained in oil spill control to mitigate the effects of any spill which may occur.
3.
a. The proposed project should adhere closely to approved master plans or other plans of competent local or State authorities in designated adjacent coastal States or in other States where significant effects are likely to occur. A minimum of special exceptions or zoning variances should be required. Non-conforming uses should not be prolonged where reasonable alternatives are available.
b. The proposed project should conform with approved or planned coastal zone management programs of the relevant adjacent coastal States.
c. The proposed use of floodplains should not entail loss of wetlands nor should such use pose an undue risk of exposure of that use to flood damage, increase the potential need for Federal expenditures for flood protection or flood disaster relief, decrease the unique public value of the floodplain as an environmental resource, or provide an incentive for other uses of the floodplains having similar ultimate results.
(d) The use of or effect on wetlands should be considered in the following manner,
i. uses permanently altering or adversely affecting wetlands are to be avoided, or
ii. positive action must be taken to minimize adverse effects on wetlands.
1. The following environmental criteria are expressly referred to in the Deepwater Port Act of 1974:
a. Compliance with the Clean Air Act (4(c)(6)).
b. Compliance with the Federal Water Pollution Control Act (4(c)(6)).
c. Compliance with the Marine Protection, Research and Sanctuaries Act (4(c)(6)).
d. Effect on the marine environment (6(a)(1)).
e. Effect on oceanographic currents and wave patterns (6(a)(2)).
f. Effect on alternate uses of the oceans and navigable water, such as scientific study, fishing, and exploitation of other living and nonliving resources (6(a)(3)).
g. The potential dangers to a deepwater port from waves, wind, weather and geological conditions, and the steps which can be taken to protect against or minimize such dangers (6(a)(4)).
h. Effects of land-based developments related to deepwater port development (6(a)(5)).
i. Effect on human health and welfare (6(a)(6)).
j. Consistency with adjacent coastal States’ programs relating to environmental protection, land and water use, and coastal zone management (9(b)).
k. Development of an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 in the area to be directly and primarily impacted by deepwater port land and water development in the coastal zone of that State directly connected by pipeline to the proposed deepwater port (9(c)).
l. Pursuant to section 102(c)(2) of the National Environmental Policy Act, prepare a single, detailed environmental impact statement for each application area (5(f)).
33 U.S.C. 1504; 49 CFR 1.46.
This part describes design, construction, and equipment requirements for each deepwater port.
The licensee of a deepwater port shall ensure that the port meets the design and construction requirements in this part.
This subpart prescribes requirements for design and equipment that apply to each deepwater port.
(a) The licensee of a deepwater port must submit to the Commandant (G-M) three copies of each construction drawing and specification necessary to show compliance with the requirements of the Act and the regulations in this subchapter, a list of all drawings, and each revision to a construction drawing and specification of each:
(1) Fixed marine component; and
(2) Floating marine component.
(b) Each construction drawing and specification, and each revision required to be submitted by paragraph (a) of this section must bear the seal, or a facsimile imprint of the seal of the
(c) The Coast Guard reviews and evaluates construction drawings and specifications to ensure compliance with the Act and Subchapter NN. The licensee of a deepwater port may not begin construction, or installation of prefabricated components, until the applicable drawings and specifications are approved by the Commandant (G-M). The Coast Guard makes periodic inspections at the construction site and at component construction sites to ensure compliance with approved drawings and specifications. As used in this paragraph, the term “approved” means that each drawing or specification meets the requirements of the Act and the regulations in this subchapter.
(d) When construction or installation of each component is complete, the licensee of a deepwater port must submit two complete sets of record drawings and specifications on 105 mm negatives to the Commandant (G-M). Each negative must be:
(1) Placed in a separate envelope, and
(2) Identified and indexed.
(a) Each fixed marine and floating component of a deepwater port, except 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 in any period of 100 years at the port.
“Recommended Procedure for Developing Deepwater Ports Design Criteria” describes a method to prepare the wind, wave, and current criteria for use in determining the forces of the storm described by this paragraph. This guide may be obtained from the Commandant (G-M).
(b) Each platform must be designed in accordance with the American Petroleum Institute “Recommended Practice for Planning, Designing, and Constructing Fixed Offshore Platforms” (API RP 2A), and the codes and standards in API RP 2A, to the extent that the recommended practice, codes, and standards are consistent with this subchapter.
(c) Each electrical installation on a platform must be designed, to the extent practicable, in accordance with 46 CFR 110-113.
(d) Each boiler and pressure vessel on a platform must be designed in accordance with Sections I, IV, and VIII of the American Society of Mechanical Engineers “ASME Boiler and Pressure Vessel Code” to the extent that the code is consistent with this subchapter.
(e) Main oil transfer piping on a platform must be designed in accordance with the American National Standards Institute (ANSI B 31.4) Liquid Petroleum Transportation Piping Systems.
(a) The following walls or decks on a platform must meet the requirements in 46 CFR 92.07-5(b) for “A” class bulkheads, except that each wall or deck must be made of steel:
(1) Each wall or deck that separates a galley, a paint and lamp locker, a space housing emergency power generating equipment, or a machinery space from any other space.
(2) Each wall or deck of an interior stairway connecting enclosed spaces on three or more decks.
(3) Each wall or deck of an elevator shaft, of a dumbwaiter shaft, and of any other shaft connecting two or more enclosed spaces.
(b) The following walls or decks on a platform must meet the requirements in 46 CFR 92.07-5 (b) or (c) for “A” or “B” class bulkheads:
(1) Each corridor wall or deck of a personal accommodation space.
(2) Each wall or deck of a stairway that connects two decks or each wall or deck of a structure enclosing an opening to the stairway.
(c) A platform wall or deck that is not described in paragraph (a) or (b) of this section must meet the requirements in 46 CFR 92.07-5 (b), (c), or (d) for “A”, “B”, or “C” class bulkheads.
(d) Each deck and stairway on a platform must be made of steel and may have a deck covering.
(e) A space that is described in paragraphs (a)(2) or (a)(3) of this section must be enclosed by walls and decks.
(f) Each interior stairway that connects two enclosed spaces on a platform must be enclosed by walls and decks or an opening to the stairway must be enclosed by a structure.
(g) Each interior stairway that connects three or more decks on a platform must have access to each deck.
(h) Each opening in a wall or deck on a platform must have a closure that meets the requirements in this section for the wall or deck. Each door must:
(1) Be a self-closing type;
(2) Not have holdback hooks or other means of permanently holding the door open, except for magnetic holdbacks operated from a suitable remote control position; and
(3) Not have a louver or other opening, except that a door to a sleeping space may have a louver in the lower half of the door.
(i) Internal deck coverings, except those in washrooms and toilet spaces, must be of a type approved under 46 CFR Subpart 164.006. Overlays for leveling or finishing purposes which do not meet the requirements in 46 CFR Subpart 164.006 may be used in thicknesses not exceeding
(j) Each ceiling, sheathing, furring, and insulation on a platform, must be a noncombustible material of a type that is approved under 46 CFR 164.009.
(k) The interior finish on each wall and ceiling in a corridor or hidden space on a platform must be a type that is approved under 46 CFR 164.012. Walls within a room may have a combustible veneer not to exceed
(l) Nitrocellulose or other highly flammable or noxious fume-producing paints or lacquers may not be used.
Each SPM must meet the “Rules for Building and Classing Single Point Moorings 1975” of the American Bureau of Shipping, to the extent that these Rules are consistent with this subchapter.
Each platform must have installed mountings for each item of:
(a) Lifesaving equipment; and
(b) Portable and semiportable fire fighting equipment.
Helicopter fueling facilities must comply with the requirements of the National Fire Protection Association, National Fire Code No. 407, Part VI “Fueling on Elevated Heliports”. For the purpose of this section, “ground level” as used in the National Fire Code means “below the lowest platform working level”.
Aids to navigation, communication, or radar equipment must be installed so as not to interfere with helicopter operations.
Each PPC must have a first aid station that has an adjoining space for two beds.
This subpart prescribes requirements for pollution equipment that apply to each deepwater port.
(a) Each oil transfer system must include a relief valve, that, when activated, prevents pressure on any components of the OTS from exceeding maximum rated pressure.
(b) No oil transfer system overflow or relief valve may be installed so as to allow an oil discharge into the sea.
(a) Each pipeline end manifold (PLEM) at a single point mooring must have a shutoff valve.
(b) Each shutoff valve required by this section must be capable of operation from the Cargo Transfer Supervisor's normal place of duty.
(c) Each shutoff valve required by this section must be capable of manual operation.
Each floating hose string must have a blank flange and a shutoff valve at the vessel manifold end.
Each oil transfer line passing through the SPM buoy must have a manual shutoff valve on the buoy.
Each oil transfer system must have a system that can:
(a) Detect and locate all leaks and other malfunctions, between the PPC and the shore; and
(b) Be monitored at the Cargo Transfer Supervisor's normal place of duty.
Each oil transfer system must have an alarm system to signal a malfunction or failure of the system that is—
(a) Capable of being activated at the Cargo Transfer Supervisor's normal place of duty;
(b) Audible in all parts of the PPC except in areas of high ambient noise levels where hearing protection is required under § 150.509(d) of this subchapter;
(c) Visible in areas of the PPC where hearing protection is required under § 150.509(d) of this subchapter by use of a high intensity flashing light; and
(d) Distinguishable from the general alarm.
(a) Each oil transfer alarm switch must be identified by the words “OIL TRANSFER ALARM” in red letters at least one inch high on a yellow background.
(b) Each audio and each visual oil transfer alarm signalling device under § 149.313 must have a sign with the words “OIL TRANSFER ALARM” in red letters at least one inch high on a yellow background.
(a) Each deepwater port must have:
(1) A means that enables two-way voice communication among:
(i) The Cargo Transfer Supervisor;
(ii) The vessel's officer in charge of cargo transfer;
(iii) The Cargo Transfer Assistant;
(iv) The Port Superintendent;
(v) The master or person in charge of service craft operating at the deepwater port; and
(vi) The person in charge on the PPC;
(2) A means, which may be the communications system itself, that enables each of the persons listed in paragraph (a)(1) of this section to indicate his desire to communicate with another of those persons; and
(3) Communications equipment and facilities that must meet the requirements of 47 CFR 81 and 83. *
*
(b) Each portable means of communication used to meet the requirements of this section must be:
(1) Certified under 46 CFR 111.80-5 to be operated in a Group D, Class 1, Division 1, Atmosphere; and
(2) Permanently marked with the certification required in paragraph (b)(1) of this section.
(a) Each deepwater port must have stored, on the pumping platform or a service craft operating at the deepwater port, oil discharge containment and removal material and equipment that, to the extent best available technology allows, can contain and remove an oil discharge of at least 10,000 U.S. gallons for offload-only ports, or 40,000 U.S. gallons for ports where onloading operations are permitted pursuant to section 4(a)(3) of the Act.
(b) Each deepwater port must have readily accessible additional containment and removal material and equipment for containing and removing oil discharges larger than those specified in paragraph (a) of this section. For the purpose of this paragraph, access may be by direct ownership, joint ownership, cooperative venture, or contractual agreement.
(c) The type of discharge containment and removal material and equipment that best meets the requirements
(1) Oil handling rates of the deepwater port;
(2) Volume of oil susceptible to being spilled;
(3) Frequency of oil transfer operations at the deepwater port;
(4) Prevailing wind and sea state condition at the deepwater port;
(5) Age, capability, arrangement of, and the licensee's experience with the oil transfer system equipment at the deepwater port; and
(6) Whether the discharge containment and removal material and equipment is shared, and the expected frequency of use and probability of availability.
Each deepwater port at which onloading operations are permitted, under section 4(a)(3) of the Act, must have a means for receiving oily residues from vessels.
This subpart prescribes requirements for safety equipment that apply to each deepwater port.
Each item of lifesaving and fire fighting equipment on a PPC that is not required by this subpart must be approved under 46 CFR Part 160 or Part 162.
Each platform must have enough curbs, gutters, drains, and reservoirs to collect all of the following discharges and wastes in the reservoirs:
(a) All discharges from equipment, maintenance shops, and refueling facilities.
(b) All laboratory, sanitary, galley, and deck cleansing wastes, and similar wastes. Sanitary waste includes the waste from baths, showers, sinks, wash bowls, laundry, toilets and urinals.
(a) Each PPC must have emergency power equipment to provide power to operate all of the following simultaneously for a continuous period of eight hours:
(1) Emergency lighting circuits.
(2) Aids to navigation equipment.
(3) Communications equipment.
(4) Radar equipment.
(5) Alarm systems.
(6) Electrically operated fire pumps.
(7) Other electrical equipment designated in the Operations Manual by the licensee.
(b) No emergency power generating equipment may be located in any enclosed space on a platform that contains oil transfer pumping equipment or other power generating equipment.
(a) Each platform must have at least one fixed and one unfixed means of escape from the highest working level to the water level with an entry at each working level.
(b) Each platform with living spaces must have at least two fixed means of escape from the highest level with living spaces to the water with an entry at each level below. If the highest level of the PPC contains living spaces, the two fixed means of escape required by this paragraph satisfy the requirements in paragraph (a) of this section.
(c) Each platform must have at least one fixed or unfixed means of escape for every ten persons on board the platform, including the means of escape required under paragraphs (a) and (b) of this section.
(d) When two or more fixed means of escape are installed, at least two must be as far from each other as practicable.
(e) Each fixed means of escape required under this section must be a steel ladder or steel stairway.
(f) Each unfixed means of escape required under this section must be:
(1) A portable ladder;
(2) A flexible ladder; or
(3) A knotted man rope.
(g) Two exits must be provided from each space having over 300 square feet of floor area. Where practicable, the exits must give egress to different corridors, rooms, or spaces.
(h) Exits must provide egress to the external means of escape required in this section. Dead end corridors may not be longer than 40 feet.
Each helicopter landing pad on the PPC must have at least two fixed means of escape that are independent of those required by § 149.421:
(a) From the pad to the first working level below the pad or the water; and
(b) As far from each other as practicable.
Each PPC must have at least two personnel landings for access to the platform from the water unless:
(a) Personnel landings are not possible because of the PPC design; and
(b) The PPC has a personnel basket transfer system.
Each personnel landing must have at least 1 foot-candle of artificial illumination on its guard rails or fence and on its deck.
(a) Each open sided deck, deck opening, and catwalk on each PPC must have protection that meets the “Safety Requirements for Floor and Wall Openings, Railings, and Toeboards” of the American National Standards Institute (ANSI A12.1), except each must have toeboards.
(b) Each open side of each helicopter landing pad on the PPC must have:
(1) Safety net; or
(2) A lowered walkway that is 48 inches wide, is not more than 42 inches below the level of the pad, and has guard rails that meet the requirements of ANSI A12.1, except each must have toeboards.
Each PPC must have a fixed fire main system for water.
(a) Each PPC must have at least two independently driven fire pumps that can deliver two streams of water at a continuous pitot tube pressure of at least 75 p.s.i. at each fire hose nozzle.
(b) Each fire pump must have:
(1) A relief valve on its discharge side that is set to relieve at 25 p.s.i. 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 water source.
(c) Fire pumps may only be connected to the fire main system.
The fire pumps required by § 149.453(a) may not be located in the same space.
(a) Each part of the PPC that is accessible to any person, except machinery spaces, must have enough fire hydrants so that it can be sprayed with at least two spray patterns of water. At least one spray pattern of water must be from one length of hose.
(b) Each PPC must have enough fire hydrants so that each machinery space can be sprayed with at least two spray patterns of water from separate hydrants. Each spray pattern of water must be from one length of hose.
(c) A single length of fire hose, with nozzle attached, must be connected to each fire hydrant at all times.
The outlet on each fire hydrant must not point above the horizontal.
Each fire hydrant and control valve must have a shutoff valve.
Any equipment that is in the same space as a fire hydrant must not interfere with access to that hydrant.
Each fire hydrant must have at least one spanner at the fire hydrant.
(a) Each PPC must have a hose rack at each hydrant.
(b) Each fire hose rack must be visible.
(c) Each fire hose rack in an exposed location must be protected from weather.
Each length of fire hose must be:
(a) 1
(b) 50 foot nominal hose size length; and
(c) Lined commercial fire hose that conforms to Underwriters Laboratories, Inc. Standard 19 or Federal specification ZZ-H-451D.
Each fire hose coupling must:
(a) Be made of brass, bronze, or material that has strength and corrosion resistant properties at least equal to those of brass or bronze; and
(b) Have 9 threads per inch for 1
Each fire hose nozzle must be a combination solid stream and water spray fire hose nozzle that is approved under 46 CFR 162.027.
Each PPC must have a low velocity spray applicator that is approved under 46 CFR 162.027 at each fire hydrant.
(a) The fixed fire main system of a PPC must have:
(1) At least two risers;
(2) A cutoff valve and check valve for each riser; and
(3) At least two international shore connections that meet the requirements in 46 CFR 162.034.
(b) Each riser must be in an accessible location to vessels alongside the PPC, and two of the risers must be on opposite sides of the PPC.
(a) Each PPC must have a manually or automatically operated fire extinguishing system in addition to the fire main system required under § 149.451 that is approved by the Commandant and meets the National Fire Protection Association standards listed in paragraph (e) of this section in the following locations:
(1) Storerooms.
(2) Workrooms containing flammable liquids.
(3) Pump rooms.
(4) Machinery spaces.
(b) Each halogenated agent or CO
(c) Each halogenated agent or CO
(d) The systems selected must match the hazard to be protected as follows:
(1) Storerooms must use water sprinklers or CO
(2) Workrooms containing flammable liquids, pumprooms, and machinery spaces must use CO
(e) Each system required under paragraph (a) of this section must meet one of the following performance standards:
(1) Water sprinkler system—NFPA No. 13.
(2) Carbon dioxide system—NFPA No. 12.
(3) Halogenated agent system—NFPA No. 12A.
(4) Foam system—NFPA No. 11A.
(f) Arrangement requirements contained in 46 CFR 95.15-10, 15 and 20 must be complied with.
(g) Each system required under paragraph (a) of this section must activate the general alarm system when it operates.
(h) Spaces that are protected by a carbon dioxide system or halogenated agent system and are normally accessible to persons on board must be fitted with an approved audible alarm that sounds automatically 20 seconds before the extinguishing agent is admitted to the space. The alarm must be conspicuously and centrally located.
(i) To the extent practicable, materials in each item of equipment required by paragraph (a) of this section must have resistance to the adverse effects of the marine environment.
(a) Each PPC helicopter landing pad must have the following:
(1) A fire extinguishing system designed to:
(i) Deliver a minimum of 200 g.p.m. of water at the pressure required to overcome friction in the piping and hose lines, and produce the nozzle discharge requirements in paragraph (a)(2)(ii) of this section for 15 minutes; and
(ii) Not interfere with the simultaneous operation of the fire main.
(2) Shutoff type nozzles designed:
(i) For use with a foam concentrate listed or approved by a recognized testing agency for fire extinguishing agents;
(ii) To discharge water-foam concentrate solution or water fog at a rate of 100 g.p.m. at a pressure that will provide a foam discharge pattern at a 20 foot range with 15 foot width variable to a solid stream of foam with a minimum 50 foot range; and
(iii) To produce foam having a minimum expansion of eight, with a 25 percent drainage time of at least 5 minutes when protein base foam is used.
(3) Nozzles located so as to provide complete coverage of the helicopter landing area.
(4) A means of activating the general alarm system required by § 149.541.
(b) Aqueous film forming foam (AFFF) may be substituted for protein base foam. Generally, the quantity of water may be reduced by 30 percent from that specified for use with protein base foam. This reduction will be authorized by the Commandant on a case-by-case basis.
(c) Other extinguishing agents that would provide an equivalent fire fighting capability may be substituted with the approval of the Commandant.
(a) Each PPC must have the following fire detection systems that activate the general alarm system:
(1) An ionization type automatic smoke detection system in each sleeping space.
(2) A combination fixed-temperature and rate-of-rise heat detector system in each non-sleeping space that does not have an automatic fire extinguishing system unless the space is subject to a 15 °F or greater per minute rate of rise.
(3) A fixed-temperature detector system in each nonsleeping space that does not have an automatic fire extinguishing system and that is subject to a 15 °F or greater per minute rate of rise.
(b) To the extent practicable, materials in each item of equipment required by this section must have resistance to the adverse effects of the marine environment.
(a) Each PPC must have portable or semiportable fire extinguishers that are approved by the Coast Guard under 46 CFR 162.028 or 162.039.
(b) Each semiportable fire extinguisher must be fitted with hose and nozzle or other apparatus so that the entire space in which the extinguisher is located may be protected.
(a) Fire extinguishers must be installed in accordance with Table 145.10(a) in § 145.10 of this chapter.
(b) Each fire extinguisher must be located so it can easily be seen.
(a) Spare charges must be carried for at least 50 percent of each size and variety of hand portable fire extinguisher required in § 149.503. If an extinguisher is of such variety that it cannot be readily recharged by PPC personnel, one spare extinguisher of the same classification must be carried in lieu of a spare charge.
(b) Spare charges must be packed to minimize the hazards to personnel while recharging extinguishers. Acid must be contained in a crown stopper type of bottle.
Each hand portable extinguisher and its station must be numbered in accordance with 46 CFR 97.37-23.
In addition to the requirements in § 149.483 of this subchapter each helicopter landing area on a PPC with no fueling facility must have at least two USCG type B:C, size IV dry chemical extinguishers.
In addition to the requirements in § 149.483 each helicopter landing area on the PPC with a fueling facility must have:
(a) At least two USCG Type B:C, size II dry chemical extinguishers and at least one USCG Type B:C, size V dry chemical extinguisher; and
(b) A USCG Type B:C, size II dry chemical extinguisher at the emergency control station.
(a) Each PPC must have at least 8 fire axes.
(b) Fire axes must be distributed so as to be readily available in an emergency.
(c) Each fire axe must be located:
(1) In the open;
(2) Behind glass; or
(3) In an enclosure with a fire hose.
(a) Each platform must have at least 2 fireman's outfits.
(b) Each fireman's outfit must consist of:
(1) A self-contained breathing apparatus approved under 49 CFR 160.011 with a complete recharge.
(2) A three-cell, intrinsically safe flashlight with the Underwriters’ Laboratories, Inc., label and a set of spare batteries for the flashlight.
(3) An oxygen and combustible gas indicator with the Underwriters’ Laboratories, Inc., label, or Factory Mutual Testing Laboratories, Inc., label.
(4) Boots and gloves that are made of rubber or other electrically nonconductive material.
(5) A helmet that meets the requirements in Section 5 of the United States of America Standard Safety Code (Z2.1).
(6) Clothing that protects the skin from scalding steam and the heat of fire and that has a water resistant outer surface.
(c) Equipment must be stowed in a convenient, readily accessible location.
(a) Each PPC must have enough lifeboats or inflatable life rafts, or a combination of both, for 200% of the maximum number of personnel to be quartered or employed on the PPC, except that each PPC must have at least two lifeboats. The Commandant may reduce this requirement to a minimum of 150% under § 148.607 when it can be shown that the specific arrangements and separation of equipment provides sufficient redundancy.
(b) Each lifeboat and launching equipment for an inflatable life raft on a platform must be mounted on the outboard side of the platform in a location that is easily accessible to persons on board and that is as far apart as practicable from each other lifeboat.
(c) No lifeboat and no launching equipment for an inflatable life raft may be mounted next to a discharge
(d) Each lifeboat and life raft launching station must be provided with emergency lighting to illuminate the entire launching process from the stowed position until the craft is waterborne.
(a) Each lifeboat on a platform must be approved under 46 CFR 160.035 and have the equipment required by 46 CFR 94.20-10 for a lifeboat on lakes, bays, sounds, and rivers. Except for boathooks, the equipment must be securely attached to the lifeboat.
(b) Each life boat on a platform must be motor propelled and have an installed cover that provides protection from exposure and from fire during operation of the lifeboat.
Each inflatable life raft on a platform must be approved under 46 CFR 160.051 as an inflatable life raft intended for an ocean service vessel.
(a) Each PPC must have the following launching equipment for each lifeboat required by § 149.521:
(1) A winch that is approved under 46 CFR 160.015 and that has a grooved drum with only one layer of wire.
(2) Mechanical disengaging apparatus that is approved under 46 CFR 160.033.
(3) Davits that are approved under 46 CFR 160.032.
(4) Load bearing components that meet the requirements in 46 CFR 94.33-5 (a), (c), (d), and (e) and 46 CFR 94.33-10.
(b) If a lifeboat is mounted more than 30 feet above mean low water, the launching equipment for the lifeboat must be capable of operation from the lifeboat and from the PPC.
(a) Each PPC must have enough of the following inflatable life raft launching equipment to launch all of the life rafts required by § 149.521 within 20 minutes:
(1) Winches that are approved by the Commandant.
(2) Mechanical disengaging apparatus that is approved by the Commandant.
(3) Davits that are approved by the Commandant.
(4) Load bearing components that meet the requirements in 46 CFR 94.33-5 (a), (c), (d), and (e) and 46 CFR 94.33-10.
(b) Launching equipment for an inflatable life raft must be capable of being operated from the life raft and from the PPC.
(c) No more than two rafts may be launched from each launching station.
(a) Each PPC must have at least 8 approved ring life buoys (Type IV PFDs) and mounting racks distributed about the perimeter of the platform.
(b) Each ring life buoy must be constructed in accordance with 46 CFR Subpart 160.050 except a ring life buoy that was approved under former 46 CFR Subpart 160.009 may be used as long as it is in good and serviceable condition. Each ring life buoy must be of the 30-inch size, international orange, and easily accessible to persons on board.
(c) At least fifty percent of the ring life buoys required by this section must have an electric water light approved under 46 CFR 161.010.
(d) At least one ring life buoy on each side of the platform must have a buoyant line attached to it that is 1
Each PPC must have portable radio apparatus that meets the requirements in 46 CFR 94.55-1.
(a) Each PPC must have enough adult Type I PFD's for 100 percent of the port personnel. Each PFD must be stowed in the living spaces.
(b) Enough additional Type I PFD's for 50 percent of the port personnel must be stowed near working spaces in
Each platform must be equipped with at least one Stokes litter that is placed in a location that is accessible to persons on board.
(a) Each lifeboat, and life raft must be marked in letters and numbers at least 1
(1) The identification of the deepwater port; and
(2) The personnel capacity.
(b) Each inflatable life raft must be marked as required under 46 CFR 160.051.
(c) Each paddle and each oar must be marked with the identification of the deepwater port.
Each PFD must be marked with the identification of the deepwater port.
(a) Each portable light on a PPC must be listed by Underwriters’ Laboratories, Inc., as suitable for Class I, Group D hazardous locations.
(b) Each supply cord of the portable lighting units must have receptacles with plugs, or receptacles with plugs interlocked with snap switches, that are listed by Underwriters’ Laboratories, Inc., as suitable for Class I, Group D hazardous locations.
(a) Each PPC must have a general alarm system.
(b) Each general alarm system must be:
(1) Capable of being activated by the automatic fire detection systems required under § 149.491 and manually by use of alarm boxes located in accordance with the National Fire Protection Association Standard No. 72A;
(2) Audible in all parts of the PPC except in areas of high ambient noise levels where hearing protection is required under § 150.509(d) of this subchapter; and
(3) Visible in areas of the PPC where hearing protection is required under § 150.509(d) of this subchapter by use of a high intensity flashing light.
(a) Each general alarm box must be marked with the words “GENERAL ALARM” in red letters at least one inch high on a yellow background.
(b) Each audio and each visual general alarm signalling device under § 149.541 must have a sign with the words “GENERAL ALARM” in red letters at least one inch high on a yellow background.
Each PPC must have a public address system operable from two locations on the PPC to allow an announcement of fires, oil transfer system failure or malfunction, and other emergencies.
This subpart prescribes the minimum requirements for aids to navigation at the marine site.
For the purpose of this subpart, “effective intensity” is the intensity of a flashing light calculated by using equation [3-27] for effective intensity in the Illumination Engineering Society Lighting Handbook, p. 3-36.
Sections 66.01-5, 66.01-25 (a) and (c), 66.01-50, and 66.01-55 of this chapter also apply to aids to navigation at a deepwater port. For the purpose of § 66.01-25 (a) and (c) of this chapter, aids to navigation at a deepwater port are Class I aids to navigation.
(a) 180 days before the installation of any structure at the deepwater port site the licensee must submit applications for obstruction lights and such other private aids to navigation appropriate for the particular construction site.
(b) 180 days before the commencement of oil transfer operations or changing the mooring facilities at the deepwater port the licensee must submit applications for private aids to navigation.
(c) Applications for private aids to navigation for deepwater ports must be submitted in accordance with § 66.01-5 of this chapter except that the applications must be submitted to the Commandant (G-M).
Each light must have a tungsten-incandescent light source.
(a) Each light on a buoy, hose string, and SPM must:
(1) Have at least the effective intensity required by this subpart for the light at all angles, the origin of which is the focal point of the light, that are included within
(2) Have at least 50% of the effective intensity required by this subpart for the light at all angles, the origin of which is the focal point of the light, that are included within
(b) Each light on a platform, including the rotating lighted beacon, must:
(1) Have at least the effective intensity required by this subpart at all angles within
(2) Have at least 50% of the effective intensity required by this subpart for the light at angles within
Each light using a lens must have a means to verify that the light source is at the focal point of the lens.
The transparent cover of each light, including, where applicable, the top of the cover, must be uniform in color.
The color emitted by a light at all angles, within the 50% effective intensity angle under § 149.723 must have chromaticity coordinates lying within the boundary defined by the corner coordinates in Table 149.727 when plotted on the International Commission on Illumination (CIE) Standard Observer Diagram.
(a) The following information must be displayed on each light:
(1) The manufacturer's name and date of manufacture.
(2) The model designation.
(3) The name of the manufacturer of the lamp to be used, and the manufacturer's ordering code for the lamp.
(4) The minimum voltage, measured at the input terminals of the lighting apparatus with the lamp burning, needed to operate the light in compliance with the intensity requirements of this subpart.
(b) The following information must be displayed on each rotating lighted beacon:
(1) The information prescribed in paragraph (a) of this section.
(2) The operating speed of the rotating apparatus.
(3) The type and level of electrical input required to maintain the operating speed.
(a) A platform that is 30 feet or less on any side, or in diameter, must have at least one obstruction light.
(b) An SPM must have at least one obstruction light.
(c) A platform that is more than 30 feet but less than 50 feet on any side, or in diameter, must have at least two obstruction lights that are installed as far apart from each other on the platform as possible.
(d) A platform that is more than 50 feet on any one side must have one obstruction light installed on each corner.
(e) A circular platform that has a diameter of more than 50 feet must have at least 4 obstruction lights that are installed as far apart from each other on the platform as possible.
(f) At least one of the obstruction lights on each platform and SPM must be visible from the water regardless of the angle of approach to the structure.
(g) If a platform or SPM has more than one obstruction light, the lights must all be installed in the same horizontal plane.
(h) Each obstruction light on a platform must be installed at least 20 feet above mean high water.
(i) Each obstruction light on an SPM must be installed at least 10 feet above the water.
A floating hose string must have omnidirectional obstruction lights that are:
(a) Installed at equally spaced intervals of not more than 70 feet along the length of the hose string, except that the two sections of hose furthest from the SPM need not have lights; and
(b) Installed all at the same height and at no less than 2 nor more than 5 feet above the surface of the water.
(a) Each obstruction light on a platform or SPM must:
(1) Be white; and
(2) Flash 50 to 70 times per minute.
(b) If a platform or SPM has more than one obstruction light, the lights must flash simultaneously.
(c) Each obstruction light on a hose string must:
(1) Be yellow; and
(2) Flash 50 to 70 times per minute.
(a) Each obstruction light on a platform must have an effective intensity of at least 75 candela.
(b) Each obstruction light on an SPM must have an effective intensity of at least 15 candela.
(c) Each obstruction light on a hose string must have an effective intensity of at least 1 candela.
Each obstruction light installed on a platform must have:
(a) Mounting hardware incorporating devices that facilitate horizontal leveling of the light; and
(b) A leveling indicator, or indicators, each with an accuracy of
Each lateral boundary of a traffic lane at a deepwater port must be marked with buoys that are no more than 5 miles apart.
(a) Each buoy at a deepwater port must:
(1) Meet the requirements in § 62.25 of this chapter for buoys in United States waters; and
(2) Have:
(i) A radar reflector; and
(ii) A light installed at least 8 feet above the water.
(b) For each traffic lane, the buoy that is furthest from the safety zone
(a) Each fixed light on a buoy must have an intensity of at least 75 candela.
(b) Each flashing light on a buoy must have an effective intensity of at least 75 candela.
(a) Each platform and SPM must display the name of the port, and the name or number or both 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.
(a) Each pile and pile cluster that is within 100 yards of a platform or SPM must be marked with white reflective tape.
(b) Each pile and pile cluster that is more than 100 yards from a platform or SPM must meet the obstruction lighting requirements in this subpart for a platform.
The tallest platform must have an FCC type accepted radar beacon (RACON) that:
(a) Transmits in—
(1) Both the 2900-3100 MHz and 9300-9500 MHz frequency bands, or
(2) The 9320-9500 MHz frequency band if installed prior to July 8, 1991.
(b) Transmits a signal of a least 250 milliwatts radiated power that is omnidirectional and polarized in the horizontal plane;
(c) Transmits a 2 or more element Morse code character, the length of which does not exceed 25% of the radar range expected to be used by vessels operating in the area;
(d) If of the frequency agile type, is programmed so that it will respond at least 40% of the time but not more than 90% of the time, with a response time duration of at least 15 seconds; and
(e) Is installed at a minimum height of 15 feet above the highest deck of the platform and where the structure of the platform, or equipment mounted thereon, does not obstruct the signal propagation in any direction.
The tallest platform must have a rotating lighted beacon that:
(a) Has an effective intensity of at least 15,000 candela;
(b) Flashes at least once every 20 seconds;
(c) Has a white light;
(d) Is installed:
(1) At least 60 feet above mean high water;
(2) Where the structure of the platform, or equipment mounted thereon, does not obstruct the propagation of the light in any direction; and
(3) So as to be visible all around the horizon;
(e) Operates in wind up to 100 knots at a speed that is within 6% of the operating speed displayed on the beacon.
(f) [Reserved]
(g) Has a leveling indicator, or indicators, each with an accuracy of
(a) Each PPC must have a Coast Guard approved fog signal that has a 2 mile range.
A list of Coast Guard approved fog signals may be obtained from the Commandant (G-M).
(b) Each fog signal on a PPC must:
(1) Be installed at least 10 feet but not more than 150 feet above mean high water; and
(2) Be installed where the structure of the platform, or equipment mounted
33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and (m)(2), 1509; sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46.
The rules in this part apply to the operation of each deepwater port.
(a) No licensee of a deepwater port may cause or authorize operations contrary to the rules in this part.
(b) The licensee shall ensure that the port meets the equipment requirements in Part 149 of this chapter.
(a) The licensee of a deepwater port may not operate the port unless the port has an Operations Manual that:
(1) Is prepared in accordance with the “Guidelines for Preparation of a Deepwater Port Operations Manual”; and
(2) Has been approved by the Commandant.
(b) For the purpose of this section, “approved” means only that the Operations Manual meets the requirements of the Act and the regulations in this subchapter.
The “Guidelines for Preparation of a Deepwater Port Operations Manual” may be obtained from the Commandant (G-M).
The licensee shall furnish 25 copies of the approved Operations Manual and each subsequent amendment to Commandant (G-M).
The Commandant will distribute copies of the approved Operations Manual and subsequent amendments within the Coast Guard and to the Governor of the adjacent coastal State connected directly by pipeline to the deepwater port.
(a) The Captain of the Port may require the licensee to amend the Operations Manual if he finds that the Operations Manual does not comply with § 150.105.
(b) When the Captain of the Port determines that an amendment to an operations manual is necessary, he notifies the licensee in writing of a date not less than 14 days from the date of the notice, on or before which the licensee may submit written information, views, and arguments on the amendment. After considering all relevant material presented, the Captain of the Port notifies the licensee of any amendment required or he rescinds the notice. The amendment becomes effective not less than 30 days after the licensee receives the notice unless the licensee petitions the Commandant to reconsider the amendment, in which case its effective date is stayed pending a decision by the Commandant. Petitions to the Commandant must be submitted in writing to the Captain of the Port.
(c) If the Captain of the Port finds a situation that requires immediate action to prevent the discharge or risk of discharge of oil or to protect the safety of life and property that makes the procedure in paragraphs (a) and (b) of this section impracticable or contrary to the public interest, he may issue an amendment effective, without stay, on the date the licensee receives notice of it. In such a case, the Captain of the Port includes a brief statement of the reasons for his finding in the notice, and the licensee may petition the District Commander, in any manner, to reconsider the amendment.
(d) Adjacent coastal States connected by pipeline to the deepwater port and licensees may petition the Captain of the Port to amend the Operations Manual. The Captain of the Port, when in receipt of a proposed amendment, will solicit comments on the proposed amendment. The petition and comment should include sufficient relevant information to enable the Captain of the Port to reach a decision to adopt or reject the proposed amendment. The Captain of the Port may approve amendments to the Operations Manual if he
Each licensee shall use and require his personnel to use the procedures in the Operations Manual.
The Captain of the Port may authorize a deviation in writing upon request, if he finds that the proposed alternative procedure, method or equipment would ensure equivalent protection, safety, or quality level.
In an emergency, for the protection of life or property, or to avoid danger to the environment, any person may deviate from the Operations Manual or any requirement of deepwater port regulations. As soon as practicable, the person shall report the nature, extent, and duration of each deviation orally or in writing to the Captain of the Port.
(a) At least 30 days before construction of a pipeline, platform, or SPM at a deepwater port begins, the licensee shall give notice of construction in writing to the District Commander.
(b) On the date construction of a pipeline, platform or SPM at a deepwater port begins, the licensee shall give written notice to the District Commander within 24 hours of the lights and fog signals in use at the construction site.
(c) Whenever lights or fog signals are changed during construction of a pipeline, platform, or SPM at a deepwater port, the licensee shall give written notice of such change to the District Commander within 24 hours.
(d) When lights or fog signals used during construction of a platform, buoy, or SPM at a deepwater port are replaced with lights or fog signals required by Part 149 of this subchapter, the licensee shall give written notice of replacement to the District Commander within 24 hours.
(e) At least 60 days before the first oil transfer operation begins at a deepwater port, the licensee shall give written notice of the operation to the District Commander.
The licensee shall give notice, in writing, to the Commandant upon receipt of the American Bureau of Shipping:
(a) “Interim Class Certificate”; and
(b) “Classification Certificate” for an SPM at a deepwater port.
(a) No licensee may operate an SPM unless he has an American Bureau of Shipping (ABS) “Interim Class Certificate” or a “Classification Certificate” for the SPM.
(b) A certificate must classify the SPM and attached hoses.
(c) The licensee shall maintain in class each SPM having a Classification Certificate.
The terminal supervisor shall continuously monitor the wind, wave, current, and visibility conditions at the port.
(a) The licensee shall measure water depth in the marine site if the Captain of the Port notifies the licensee that:
(1) A severe storm may have significantly altered water depths;
(2) Gradual natural or man-induced processes may have significantly altered water depths; or
(3) User experience indicates that charted water depths may no longer be accurate.
(b) The accuracy and adequacy of water depth measurements must be sufficient for nautical chart maintenance purposes.
The licensee shall monitor the environment in accordance with the environmental monitoring program set
(a) The owner or operator of a deepwater port shall prepare and submit a response plan meeting the requirements of subpart F of part 154 for review and approval by the cognizant Captain of the Port (COTP).
(b) A response plan must be submitted to the cognizant COTP by February 18, 1993 or not less than 60 days before the port begins operation, which ever is later.
This subpart prescribes personnel qualifications that apply to each deepwater port.
No person may serve and the licensee may not use the services of a person in the following capacities unless that person reads, writes and speaks English.
(a) Port Superintendent.
(b) Cargo Transfer Supervisor.
(c) Cargo Transfer Assistant.
(d) Vessel Traffic Supervisor.
(e) Mooring Master.
(f) Assistant Mooring Master.
As used in this subpart:
(a)
(b)
No person may serve, and the licensee may not use the services of a person, as a Port Superintendent at a deepwater port unless:
(a) That person has enough experience at an oil transfer facility to enable the licensee to determine that that person is capable of managing the deepwater port;
(b) The licensee determines that that person knows:
(1) The hazards of each product to be transferred; and
(2) The port operating procedures described in the Operations Manual; and
(c) The licensee designates that person as Port Superintendent and advises the Captain of the Port in writing of that designation.
No person may serve, and the licensee may not use the services of a person, as a Cargo Transfer Supervisor at a deepwater port unless:
(a) That person has enough experience in operating oil transfer equipment to enable the licensee to determine that that person is capable of operating the oil transfer equipment of the deepwater port;
(b) That person has:
(1) Had continuous employment for at least one year as supervisor at an oil transfer facility in charge of offloading tank vessels of 70,000 deadweight tons or larger;
(2) Supervised at least 25 cargo transfer evolutions from tankers of 70,000 deadweight tons or larger; or
(3) Served in a training capacity for Cargo Transfer Supervisor at a United States deepwater port for at least one year;
(c) The licensee determines that that person knows:
(1) The rules in Subpart D of this part;
(2) The oil transfer procedures and transfer control systems, in general, of tankers serviced at the facility;
(3) The special handling characteristics of each product to be transferred; and
(4) The procedures described in the Operations Manual for:
(i) Oil transfer;
(ii) Spill prevention, containment, and cleanup;
(iii) Accidents and emergencies;
(iv) Voice radiotelecommunications; and
(d) The licensee designates that person as Cargo Transfer Supervisor and advises the Captain of the Port in writing of that designation.
No person may serve, and the licensee may not use the services of a
(a) That person presents evidence of:
(1) Having performed for one year within the last five years in a capacity requiring radar plotting and analysis of vessel movement; or
(2) Satisfactory completion of a marine radar operators school acceptable to the Commandant;
(b) The licensee determines that that person knows:
(1) The procedures for utilizing the port's radar equipment; and
(2) The procedures described in the Operations Manual for:
(i) Vessel control; and
(ii) Voice radiotelecommunications; and
(c) The licensee designates that person as Vessel Traffic Supervisor and advises the Captain of the Port in writing of that designation.
No person may serve, and the licensee may not use the services of a person, as a Mooring Master at a deepwater port unless:
(a) That person holds a current United States Coast Guard issued license as:
(1) Master of ocean steam or motor vessels of any gross tons, endorsed as radar observer, and has one year experience as:
(i) Master on tankers of 70,000 DWT or larger and satisfactory completion of a very large crude carrier (VLCC) shiphandling course acceptable to the Commandant; or
(ii) A Mooring Master at any deepwater port servicing tankers of 70,000 DWT or larger; or
(2) Master of ocean steam or motor vessels of limited tonnage, endorsed as radar observer, and endorsed as first-class pilot of vessels of any gross tons for at least one port in the area of the deepwater port, and has one year experience:
(i) Piloting ocean going vessels, including tankers of 70,000 DWT or larger; or
(ii) As assistant mooring master at the facility and satisfactory completion of a very large crude carrier (VLCC) shiphandling course acceptable to the Commandant;
(b) The licensee determines that the person knows the procedures described in the Operations Manual for:
(1) Vessel control;
(2) Vessel responsibilities;
(3) Spill prevention, containment, and cleanup;
(4) Accidents and emergencies; and
(5) Voice radiotelecommunications;
(c) The licensee designates that person as Mooring Master and advises the Captain of the Port, in writing, of the designation; and
(d) In addition to the foregoing requirements, after two years of operation of the facility, the licensee shall require new applicants for Mooring Master to have observed 20 mooring evolutions at that facility.
No person may serve, and the licensee may not use the services of a person, as a Cargo Transfer Assistant at a deepwater port unless:
(a) That person presents evidence that he has one year experience, or performed 15 cargo transfer evolutions at an oil transfer facility servicing tankers of 70,000 deadweight tons or larger in a capacity involving connection and disconnection of the tankers to a single point mooring floating hose string;
(b) The licensee determines that that person knows:
(1) The rules in subpart D of this part;
(2) The oil transfer procedures and transfer control systems, in general, of tankers serviced at the port;
(3) The special handling characteristics of each product to be transferred;
(4) The procedures described in the Operations Manual for:
(i) Oil transfer;
(ii) Spill prevention, containment, and cleanup;
(iii) Accidents and emergencies; and
(iv) Voice radiotelecommunications; and
(c) The licensee designates that person as Cargo Transfer Assistant and retains written evidence of that designation at the deepwater port.
No person may serve, and the licensee may not use the services of a
(a) That person holds a current United States Coast Guard issued license as:
(1) Master of ocean steam or motor vessels of any gross tons, endorsed as radar observer, and has six months experience as master or chief mate on tankers of 70,000 DWT or larger; or
(2) Master of ocean steam or motor vessels of limited tons, endorsed as radar observer, and endorsed as first-class pilot of vessels of any gross tons for at least one port in the area of the deepwater port;
(b) The licensee determines that that person knows the procedures described in the Operations Manual for:
(1) Vessel control;
(2) Vessel responsibilities;
(3) Spill prevention, containment, and cleanup;
(4) Accidents and emergencies; and
(5) Voice radiotelecommunications; and
(c) The licensee designates that person as Assistant Mooring Master and advises the Captain of the Port, in writing, of the designation.
No person may perform in more than one of the following capacities at any one time:
(a) Port Superintendent.
(b) Cargo Transfer Supervisor.
(c) Cargo Transfer Assistant.
(d) Vessel Traffic Supervisor.
(e) Mooring Master.
(f) Assistant Mooring Master.
Sec. 10(a)(b)(d), 88 Stat. 2137-38 (33 U.S.C. 1509(a)(b)(d)); sec. 4, 92 Stat. 1473-74 (33 U.S.C 1223); 49 CFR 1.46.
This subpart prescribes rules that:
(a) Apply to the navigation of all vessels at or near a deepwater port; and
(b) Describe vessel activities permitted and prohibited in a deepwater port safety zone.
Appendix A to this part describes the designated boundaries of U.S. deepwater port safety zones. Included within the safety zones are specific areas to be avoided, anchorages, and other ship's routing measures associated with particular safety zones. (Shipping safety fairways associated with deepwater ports are described in Part 166 of this Title.)
No licensee may operate a deepwater port unless the port has such ships’ routing measures as prescribed or approved by the Coast Guard to provide for safe navigation at or near the deepwater port.
The Vessel Traffic Supervisor shall maintain radar surveillance of the safety zone whenever:
(a) A tanker is proceeding to the safety zone after submitting the report required in § 150.335; or
(b) A tanker or support vessel is underway in the safety zone; or
(c) A vessel other than a tanker or support vessel is about to enter or is underway in the safety zone.
(a) The Vessel Traffic Supervisor shall advise the master of each tanker underway in the safety zone of the tanker's position by range and bearing from the PPC at intervals not to exceed 10 minutes.
(b) Whenever the Vessel Traffic Supervisor determines that a vessel may potentially interfere with the movement of a tanker in the safety zone, the Vessel Traffic Supervisor shall keep the master of the tanker informed of the position and estimated course
(c) Whenever a tanker enters the safety zone, the Vessel Traffic Supervisor shall advise the tanker of the position of each other vessel moored, anchored, or underway in the safety zone.
Whenever a tanker is in the safety zone, the Vessel Traffic Supervisor and the master of the tanker shall each continuously monitor the radio frequency designated in the Operation Manuals for use by tankers and support vessels underway at the port, except when transmitting on that frequency.
(a) The Vessel Traffic Supervisor may not clear a tanker to enter the safety zone unless:
(1) Each other tanker underway in the safety zone is at least 5 miles from the tanker requesting clearance to enter the safety zone; and
(2) A Mooring Master is on board or ready to board at a position in the designated safety fairway that will permit completion of boarding before the tanker enters the safety zone.
(b) The Vessel Traffic Supervisor may not clear a tanker to moor at a SPM unless:
(1) There is a SPM berth available and the Vessel Traffic Supervisor has assigned that berth to the tanker;
(2) The visibility in the safety zone is at least two miles;
(3) All operating conditions prescribed in the Operation Manuals for mooring to a SPM have been met; and
(4) A Mooring Master and an Assistant Mooring Master are on board.
(c) The Vessel Traffic Supervisor may not clear a tanker to depart from a SPM unless the visibility in the safety zone is at least two miles and a Mooring Master is on board.
(d) No tanker may enter the safety zone or moor at or depart from a SPM, unless the master of the tanker has obtained clearance from the Vessel Traffic Supervisor, except as permitted by paragraph (e) of this section.
(e) A tanker may, in an emergency, for the protection of life or property, depart from a SPM without clearance from the Vessel Traffic Supervisor if the master advises the Vessel Traffic Supervisor of the circumstances, by radio, at the earliest possible moment.
(a) The Vessel Traffic Supervisor shall direct support vessel movements within the safety zone.
(b) The Vessel Traffic Supervisor may clear support vessels to enter or depart the safety zone at any point.
(a) When requested by the master of a vessel other than a tanker or support vessel, the Vessel Traffic Supervisor shall furnish information concerning other vessels underway or moored in the safety zone.
(b) If the Vessel Traffic Supervisor determines that a vessel other than a tanker or support vessel may be standing into danger with respect to any vessel or part of the deepwater port installation in the safety zone, the Vessel Traffic Supervisor shall attempt to inform the master of that vessel by radio or other means.
(c) Except in situations involving force majeure, the Vessel Traffic Supervisor shall not clear a vessel other than a tanker or support vessel to enter the safety zone of a deepwater port for any purpose that would interfere with the purpose of the deepwater port; endanger the safety of life, property, or the environment; or otherwise be prohibited by regulation.
(a) The master of a tanker bound for a deepwater port shall report the following information to the Captain of the Port and the Vessel Traffic Supervisor of the port at least 24 hours before entering the safety zone at the port:
(1) The name, gross tonnage, and draft of the tanker.
(2) The type and amount of cargo on board.
(3) Any conditions on the vessel that may impair the navigation of the vessel, such as fire, malfunctioning propulsion machinery or steering equipment, or limitations on navigational or
(4) Any leaks, structural damage, or machinery malfunctions that may impair cargo transfer operations or cause a discharge of oil.
(5) The estimated time of arrival at the deepwater port safety zone.
(b) If the information reported in paragraph (a)(3), (a)(4), or (a)(5) of this section changes at any time before entering the safety zone, or while the tanker is in the safety zone, the master of the tanker shall report the changes to the Captain of the Port and Vessel Traffic Supervisor as soon as possible.
The master of a tanker bound for a deepwater port shall notify the Vessel Traffic Supervisor of the port when the tanker is 20 miles from the entrance to the safety zone.
(a) A tanker must not enter or depart a safety zone except via a designated safety fairway, unless under force majeure.
(b) A tanker must not anchor in the safety zone except in a designated anchorage area unless under force majeure.
(c) A tanker underway in a safety zone must keep at least 5 miles behind any other tanker underway ahead of it in the safety zone.
(d) A tanker must not operate, anchor, or be moored in any area of the safety zone in which the net underkeel clearance would be less than 5 feet.
(a) A support vessel must not enter or move within the safety zone unless the movement is cleared by the Vessel Traffic Supervisor.
(b) A support vessel must not anchor in the safety zone, except in an anchorage area or for support vessel maintenance operations cleared by the Vessel Traffic Supervisor.
Vessels other than tankers or support vessels should not enter the safety zone of a deepwater port unless clearance has been obtained from the Vessel Traffic Supervisor.
A tanker must not be underway in the safety zone unless a Mooring Master is on board.
The Mooring Master advises the master of the tanker on operational and ship control matters that are peculiar to the specific deepwater port, such as navigational aids, depth and current characteristics of the manuevering area, mooring equipment and procedures, and the port's vessel traffic control procedures.
A tanker must not moor at a SPM unless an Assistant Mooring Master is on board.
The Assistant Mooring Master is stationed on the forecastle of the tanker during mooring operations to assist the Mooring Master by reporting position approach data relative to the SPM and to advise the tanker personnel in handling of mooring equipment peculiar to the deepwater port.
(a) Vessel activities permitted and prohibited at deepwater ports, controls on those activities, and the specific safety zone areas in which the controls apply are listed in Table 150.345(a).
(b) A deepwater port licensee shall obtain the permission of the Captain of the Port having jurisdiction over that licensee's port before allowing any vessel activity at the port which is not listed in Table 150.345(a) or otherwise provided for in this subpart.
This subpart prescribes rules that apply to the transfer of oil at a deepwater port.
As used in this subpart:
No person may transfer oil through an OTS at a deepwater port unless:
(a) The SPM-OTS of the OTS has been tested and inspected as required for maintenance of class in accordance with the Rules for Building and Classing Single Point Moorings published by the American Bureau of Shipping;
(b) Each oil transfer hose in the SPM-OTS of the OTS in which the maximum pressure rating of the manufacturer has been exceeded, except when exceeded for testing required by this section, has, since the pressure was exceeded, been:
(1) Removed;
(2) Hydrostatically tested to 1.5 times its maximum working pressure; and
(3) Visually examined externally and internally for evidence of leakage, loose covers, kinks, bulges, soft spots, and gouges, cuts, or slashes that penetrate the hose reinforcement;
(c) Within the 23 months immediately preceding the month during which oil transfer operations are to be conducted, each submarine hose in the SPM-OTS of the OTS has been removed from the ends of each submarine coupling, surfaced, and visually examined externally and internally for evidence of flaws as described in paragraph (b)(3) of this section and hydrostatically tested to 1.5 times its maximum working pressure; and
(d) Each submarine hose in the SPM-OTS of that OTS has been visually examined in place for evidence of external flaws as described in paragraph (b)(3) of this section since the last time sea conditions at the deepwater port required shutdown of oil transfer operations.
No person may transfer oil at a deepwater port unless the discharge containment equipment required by Part 149 of this chapter is tested and inspected as follows:
(a) Within the five months immediately preceding the month during which oil transfer operations are to be conducted at a deepwater port, a visual examination must have been performed to determine whether there existed any conditions that might impair the effectiveness of the equipment in performing its intended function. This visual examination must include the condition of such items as fabric and fabric coatings, seams and bonding points, metal hardware parts, shackles, fittings, towing and other lines, cables, flotation devices, inflation mechanisms, and any other components integral to the equipment.
(b) Within the 11 months immediately preceding the month during which oil transfer operations are to be conducted at a deepwater port, representative pieces or sections of the containment equipment must:
(1) Have been deployed under simulated discharge conditions and the integrity of equipment strength members, containment skirt, flotation devices, and any other design performance factors of the equipment tested; or
(2) Have been deployed under actual discharge conditions.
No person may transfer oil at a deepwater port unless the removal material and equipment required by Part 149 of this chapter is tested and inspected as follows:
(a) Within the two months immediately preceding the month during which oil transfer operations are to be conducted at a deepwater port, any machinery, pumps, hydraulic parts, and other operating features of removal equipment must have been visually examined and operated in accordance with the instructions of the manufacturer.
(b) Within the 11 months immediately preceding the month during which oil transfer operations are to be conducted at a deepwater port, the removal equipment must have been tested in conjunction with the containment equipment deployment required by § 150.407(b).
(a) Whenever any component of a deepwater port that affects the safety or integrity of the oil transfer operation is found to be inoperative or otherwise defective, the licensee shall replace or repair the component before further oil transfer operations are undertaken using the affected OTS. The repaired or replaced component must meet or exceed the original specifications.
(b) Whenever an item of discharge containment and removal material or equipment required by § 149.319 of this chapter is found to be inoperative or otherwise defective, the licensee shall replace or repair the item before further oil transfer operations are undertaken. The repaired or replaced item must meet or exceed the original specifications.
No person may transfer oil through an OTS unless:
(a) Before connecting the hose string to the vessel manifold at the start of each oil transfer operation, it is determined by in-place visual examination that the hose string in use for that transfer operation has no leakage, loose covers, kinks, bulges, soft spots, and no gouges, cuts, or slashes that penetrate the hose reinforcement;
(b) During each oil transfer operation, it is determined by visual examination that the hose string in use for that transfer operation has no leakage;
(c) The vessel's mooring attachment to the SPM is strong enough to hold in all expected conditions of surge, current, and weather;
(d) Oil transfer hoses are long enough to allow the vessel to move to the limits of its mooring attachment to the SPM without placing strain on the hoses;
(e) Each oil transfer hose is supported in a manner that prevents strain on its coupling;
(f) Each part of the OTS necessary to allow the flow of oil is lined up for the transfer;
(g) Each part of the OTS not necessary for the transfer operation is securely blanked or shut off;
(h) Except when used to receive or discharge ballast, each overboard discharge or sea suction valve that is connected to the vessel's oil transfer, ballast, or cargo tank systems is sealed, lashed, or locked in the closed position;
(i) Each connection in the OTS meets the requirements of § 150.415;
(j) The discharge containment and removal material and equipment required by § 149.319 of this chapter is in place;
(k) Each scupper and overboard drain on the vessel is closed;
(l) Any continuing loss of oil from the coupling at the vessel manifold does not overflow the drip pan under the manifold;
(m) The communications equipment required by § 149.317 of this chapter is operative for the transfer operation;
(n) The emergency means of shutdown required by Part 149 of this chapter is in position and operative;
(o) The Cargo Transfer Supervisor, Cargo Transfer Assistant, and any other designated personnel are on duty and present to conduct the transfer operations in accordance with the Operations Manual and with the oil transfer procedures that apply to the vessel during the transfer operation;
(p) The vessel's officer in charge of cargo transfer and the Cargo Transfer Assistant have held a conference and each understands the following details of the transfer operations:
(1) The identity of the product to be transferred.
(2) The sequence of transfer operations.
(3) The transfer rate.
(4) The name or title and location of each person participating in the transfer operation.
(5) Particulars of the transferring and receiving systems.
(6) Critical stages of the transfer operation.
(7) Federal regulations that apply to the transfer of oil.
(8) Emergency procedures.
(9) Discharge containment procedures.
(10) Discharge reporting procedures.
(11) Watch or shift arrangement.
(12) Transfer shutdown procedures;
(q) The vessel's officer in charge of cargo transfer and the Cargo Transfer Assistant agree to begin the transfer operation;
(r) Flame screens are structurally sound and securely fastened in place in all cargo tank vents and ullage holes on the vessel; and
(s) The declaration of inspection required by § 150.417 is executed.
(a) The licensee shall provide suitable adaptors, to allow connection of the hose string to a vessel manifold, that meet any one of the following flange standards:
(1) American National Standards Institute (ANSI).
(2) British Standard (BS).
(3) German Standard (DIN).
(4) Japanese Industrial Standard (JIS).
(5) Universal Metric Standard.
(b) Each temporary connection between the hose string and a vessel manifold must:
(1) Be made using either:
(i) A bolted coupling; or
(ii) A quick-connect coupling approved under § 156.130(c)(2) of this chapter;
(2) Have suitable materials in joints and couplings to make a tight seal;
(3) If using an American National Standards Institute (ANSI) standard bolted flange coupling, have a bolt in
(4) If using a bolted coupling other than an ANSI standard bolted flange coupling, have a bolt in each hole of the coupling;
(5) Have bolts in each bolted coupling that are all:
(i) The same size;
(ii) Tightened so as to uniformly distribute the load around the coupling; and
(iii) Free of any signs of strain, elongation or deterioration; and
(6) Be made and broken in the presence of and under the direct supervision of the Cargo Transfer Assistant.
(a) No person may transfer oil at a deepwater port unless a declaration of inspection has been executed before the start of each oil transfer operation by the Cargo Transfer Assistant and the vessel's officer in charge of cargo transfer.
(b) The declaration of inspection required by paragraph (a) of this section may be in any form but must contain:
(1) The name of the tanker and berth to which moored;
(2) The date the oil transfer operation will start;
(3) Certification by the Cargo Transfer Assistant and the vessel's officer in charge of cargo transfer that the requirements for oil transfer specified in § 150.413, and the pre-transfer procedures described in the Operations Manual, have been followed; and
(4) The signatures of the Cargo Transfer Assistant and the vessel's officer in charge of cargo transfer.
(a) Before stopping the flow of oil during an offloading operation at a deepwater port, the Cargo Transfer Supervisor shall advise the vessel's officer in charge of oil transfer of the intent to do so.
(b) Before stopping the flow of oil during an onloading operation at a deepwater port, the vessel's officer in charge of oil transfer shall advise the Cargo Transfer Supervisor of the intent to do so.
(c) Before disconnecting the hose string from the vessel manifold, the Cargo Transfer Assistant shall ensure that the shut-off valve described in § 149.307 of this chapter is secured in the closed position.
(d) Before returning the hose string to the water after disconnection, the Cargo Transfer Assistant shall ensure that the blank flange described in § 149.307 of this chapter is secured in place and has:
(1) Suitable material in the coupling to make a tight seal;
(2) A bolt in each hole of the coupling; and
(3) Bolts in the coupling that are all:
(i) The same size;
(ii) Tightened so as to uniformly distribute the load around the coupling; and
(iii) Free of any signs of strain, elongation, or deterioration.
The Port Superintendent shall ensure that the oil in an SPM-OTS is displaced with water, and the valve at the PLEM closed, whenever:
(a) A storm warning has been received forecasting weather conditions that will exceed the design operating criteria listed in the Operations Manual for the SPM-OTS;
(b) A vessel is about to depart the SPM because of storm conditions; or
(c) The SPM is not scheduled for use in an oil transfer operation within the next 7 days.
No person may transfer oil at a deepwater port:
(a) Unless a Port Superintendent is on duty at the port;
(b) During a severe electrical storm in the vicinity of the deepwater port;
(c) During a fire at the deepwater port, receiving terminal on shore, or aboard a vessel berthed at the deepwater port, unless it is determined by the Port Superintendent that an oil transfer should be resumed as a safety measure;
(d) Unless there are personnel and equipment at the port, not presently engaged in discharge containment and
(e) By lighterage, except in bunkering operations, unless otherwise authorized by the Captain of the Port; or
(f) Unless the weather conditions at the port meet the minimum operating conditions prescribed in the Operations Manual for transferring oil at the port.
(a) The Captain of the Port may order the licensee to suspend oil transfer operations if the Captain of the Port finds that there is a condition requiring immediate action to prevent the discharge or threat of discharge of oil or to protect the safety of life and property.
(b) An order of suspension may be made effective immediately.
(c) The order of suspension states each condition requiring immediate action.
(d) The licensee may petition the District Commander, in writing or in any manner if the order of suspension is effective immediately, to reconsider the order of suspension. The decision of the District Commander is final agency action.
The rules in this subpart apply to operations at a deepwater port.
(a) The licensee shall maintain each item of equipment required under this subchapter in operative condition or shall replace it with an item in good condition.
(b) The licensee shall maintain each excess item of equipment required under this subchapter in operative condition or shall remove it from serv- ice.
The licensee may use the fire main system only for firefighting and deckwashing.
The licensee shall keep at least one of the fire pumps required by this subchapter ready for use on the fire main system at all times.
(a) Except as otherwise provided in paragraph (c) of this section, the licensee shall keep at least one length of firehose with a combination nozzle connected to each fire hydrant at all times.
(b) The licensee shall stow each firehose connected to a fire hydrant on a hose rack when not in use.
(c) A firehose in an exposed location may temporarily be removed from an exposed location to protect the firehose from damage during heavy weather.
(d) If the edge of a platform deck is in an exposed location, the licensee shall keep enough lengths of fire hose connected to the hydrant nearest the edge to allow 10 feet of hose, when pressurized, to curve over the edge.
(a) The licensee shall stow each inflatable life raft required by § 149.521 of this subchapter as near as practicable to launching equipment for the life raft.
(b) The licensee shall test lifeboat launching equipment required by § 149.524 of this subchapter immediately after installation in accordance with 46 CFR 94.35-5.
(a) When any person is in a work area, the licensee shall ensure that such person wears:
(1) Safety shoes that meet the specifications prescribed by the American National Standard Institute (ANSI) Requirements for Men's Safety-Toe Footware, Z41.1; and
(2) Protective hats that meet the specifications prescribed by the ANSI Safety Requirements for Industrial Head Protection, Z89.1.
(b) When an eye hazard from flying particles or heavy dust exists, the licensee shall ensure that each person in the area of the hazard is wearing eye protection equipment that meets the
(c) When hazardous work is being performed, the licensee shall ensure that any person who wears corrective eye glasses wear eye protection equipment that can be worn over eye glasses, or prescription ground safety lenses that meet the specifications prescribed by the ANSI Practice for Occupational and Educational Eye and Face Protection, Z87.1, if these lenses provide protection against the hazard involved.
(d) When handling hazardous materials the licensee shall ensure that all personnel in the area are wearing suitable protective clothing and equipment.
(e) When any person is exposed to combinations of sound levels and durations exceeding those listed in Table 150.509(e) the licensee shall ensure that the person is wearing ear protection equipment that reduces sound levels to or below the listed levels.
(f) When any person is working over or near the water, the licensee shall ensure that the person wears either a unicellular plastic foam work vest that meets the requirements of 46 CFR 160.053 or a life preserver that meets the requirements of 46 CFR 160.002, 160.005, or 160.055.
(a) The licensee shall clean and disinfect eye protection equipment that has been used before it is reissued.
(b) The licensee shall clean and disinfect protective hats that have been worn before they are reissued.
The licensee shall ensure that garbage is covered and that no person is working in the vicinity of uncovered garbage or of overboard discharges from sanitary lines that are not protected by a baffle or splash boards.
If the PPC is not equipped with a permanent fueling facility for aircraft, no person may fuel or cause or authorize the fueling of aircraft unless he has received the permission of the Captain of the Port.
The licensee shall ensure that appropriately clothed and sufficiently qualified fire fighting and rescue personnel to man equipment and effect a rescue are present during aircraft operations.
(a) The licensee shall post copies of a station bill on each PPC.
(b) The licensee shall designate in writing on the station bill, by title and in order of succession, each person on the PPC who is a person in charge of the PPC for purposes of supervision in an emergency.
(c) The station bill must set forth:
(1) The special duties and duty stations of each person, by name, on the PPC for each emergency listed in the Operations Manual that involves the use or application of equipment required by Part 149 of this chapter; and
(2) The signals for calling persons to their emergency stations and for abandoning the PPC.
The licensee shall conduct each emergency drill specified in the Operations Manual at least once every 30 days.
(a) The licensee shall keep walking and working areas clear of all loose hazards that could cause tripping or stumbling.
(b) The licensee shall store portable equipment when it is not in use.
(c) The licensee shall eliminate slippery conditions on the platform as soon as practicable.
(d) No person may suspend a portable light by its cord unless the means of attachment of the cord to the light prevents the light from being suspended by the electrical connections.
(e) The licensee shall keep each area near a lifeboat, inflatable life raft, or means of escape described in §§ 149.421 and 149.423 of this chapter clear of obstructions that would interfere with immediate use of the lifeboat, life raft, or means of escape.
(a) The licensee shall illuminate each walking and working area.
(b) No person may enter any dark place that does not have installed illumination unless he has a flashlight or other suitable portable light.
(c) No person may use matches or open flame lights as illumination.
The licensee shall ensure that at least one person who holds a certificate of completion of the Department of Transportation, National Highway Traffic Safety Administration Basic Training Course (81 hours), from a state or from the National Registry of Emergency Medical Technicians, is on the PPC at all times.
(a) The licensee shall ensure each first aid station on a PPC has enough medical supplies and equipment for the Emergency Medical Technician to provide emergency medical care.
(b) The first aid station may not be used for any purpose that prevents its immediate use as a first aid station.
The rules in this subpart apply to the operation of aids to navigation at a deepwater port.
Section 66.01-20 of this chapter also applies to aids to navigation at a deepwater port.
The licensee shall maintain:
(a) Voltage at every operating lamp of each light at or above the operating voltage listed on the light; and
(b) The input power to the fog signal at or above the minimum input power listed on the fog signal.
(a) The licensee shall display each light required in Part 149 of this subchapter between sunset and sunrise local time.
(b) During construction of a platform or SPM, the licensee shall mark the structure with at least one of the following:
(1) The obstruction lights required in Part 149 of this chapter for the structure.
(2) The fixed lights of a vessel attending the structure.
(3) General illumination lights on the structure that meet or exceed the intensity requirements for the obstruction lights required in Part 149 of this subchapter for the structure.
(c) The licensee shall ensure that each light using a lens is operated with the light source at the focal point of the lens as determined by the means required in § 149.724 of this subchapter.
(d) The licensee shall ensure that the focal plane of each platform obstruction light when operated, and of the rotating lighted beacon when operated, is always coincident with the horizontal plane passing through the light source.
(a) The licensee shall operate the fog signal on each PPC whenever the visibility in any horizontal direction from the structure is less than 5 miles.
(b) During construction of a platform, compliance with paragraph (a) of this section is not required if the PPC is attended by a vessel moored alongside the platform and the vessel sounds a 2 second whistle blast every 20 seconds whenever the visibility in any horizontal direction from the vessel is less than 5 miles.
This subpart prescribes reports to be submitted by the licensee and records and other information to be maintained by the licensee.
Whenever the licensee submits a report to the American Bureau of Shipping (ABS) that is required for maintenance of SPM class in accordance with ABS Rules for Building and Classing Single Point Moorings, he shall submit a copy of the report to the Commandant, U.S. Coast Guard.
The licensee shall report promptly to the District Commander, by the fastest means of communications available, any discrepancy affecting the proper operation or characteristics of any aid to navigation at the deepwater port, whenever a discrepancy exists. Correction of the discrepancy shall also be reported promptly. The initial discrepancy report must include:
(a) Name or designation of aid;
(b) Location of aid;
(c) Nature of discrepancy; and
(d) Estimated time of correction.
(a) Each deepwater port licensee shall mail or deliver to the Administrator of the Deepwater Port Liability Fund, at the address listed in § 137.105 of this chapter, on a monthly basis, beginning the fifteenth day of the month immediately following the commencement of oil transfer operations, and the fifteenth of each month thereafter, a report on the oil throughput of the deepwater port.
(b) The oil throughput report required by paragraph (a) of this section may be submitted in any format but must contain the volume of oil cargo, measured in barrels, loaded or unloaded at the deepwater port during the previous month.
(a) The licensee shall submit to the Officer-in-Charge, Marine Inspection, a report of casualty or accident whenever any of the following occur:
(1) Any component of a deepwater port which is hit by a vessel and total damage to all property is in excess of $25,000. Damage cost includes the cost of labor and material to restore the property to the service condition which existed prior to the casualty, but does not include the cost of salvage, cleaning, gas freeing, drydocking or demurrage.
(2) Damage to the deepwater port in excess of $25,000.
(3) Material damage affecting the usefulness of lifesaving or fire fighting equipment.
(4) Loss of life.
(5) Injury causing any person to remain incapacitated for more than 72 hours, arising from or directly connected with the use or employment of any emergency equipment described in Part 149 of this chapter.
(6) Loss of life or injury causing any person to be incapacitated for a period in excess of 72 hours as a result of diving using underwater breathing apparatus.
(b) The deepwater port casualty or accident report, written in narrative form, must contain the following information:
(1) Name, number, or other designation of the deepwater port.
(2) Names and addresses of the owner, his agent, operator and the person in charge.
(3) Nature and probable cause of the casualty or accident.
(4) Date and time the casualty or accident occurred, if known, otherwise approximately when it occurred.
(5) Details of damage, especially with respect to lifesaving and fire fighting equipment.
(6) Nature and extent of injury to any person.
(7) Names and addresses of persons involved.
(8) Other comments, especially with respect to use or need for emergency equipment.
(9) The vessel casualty reporting requirements relating to alcohol or drug involvement as specified in the vessel casualty reporting requirements of 46 CFR 4.05-12.
(c) In the investigations of casualties and accidents occurring at deepwater ports, the procedures in 46 CFR Part 4 for marine casualties apply.
The licensee shall report to the Captain of the Port any evidence of sabotage or subversive activity involving or endangering any vessel at the deep-water port, or the deepwater port, immediately, by the fastest possible means of communication upon discovery. Written confirmation must follow.
(a) The licensee shall maintain copies of all reports, records, test and inspection results, and operating data required by these rules in a manner suitable for Coast Guard inspection at the deepwater port or an adjacent onshore facility.
(b) Except as specified in §§ 150.753 through 150.759, these copies must be maintained for three years.
The licensee shall retain documentation of the designation and qualifications of key port personnel for the duration of each individual's employment at the port. The documentation must include:
(a) Designations required by §§ 150.205 through 150.215; and
(b) Qualifications of personnel required by §§ 150.205 through 150.215.
(a) The licensee shall maintain a record of all machinery, both fixed and portable, such as generators, cargo pumps, fire pumps, and discharge containment and removal systems. This record must contain, for each piece of machinery:
(1) Nameplate and general descriptive data;
(2) Serial number;
(3) Location and purpose; and
(4) Record of tests and inspections.
(b) The licensee shall maintain a record of all fire fighting, lifesaving, and other emergency equipment, such as fire hoses, nozzles, applicators, fire extinguishers, life rafts, life preservers, and alarm systems. This record must contain, for each piece of emergency equipment:
(1) Nameplate and general descriptive data;
(2) Serial number;
(3) Location and purpose; and
(4) Record of tests and inspections.
(c) The licensee shall retain for one year a record of each monthly emergency drill required by § 150.519. The record must contain the date, time, and signature of the person in charge at the time of the drill.
(d) The licensee shall retain for three years a record of each test and inspection performed by port personnel. The record must contain the date and results of the test or inspection and the signature of the person conducting the test or inspection. These tests and inspections include, but are not limited to, those required in §§ 150.405 through 150.409 for oil transfer systems, discharge containment equipment, and discharge removal material and equipment, and those required for maintenance of ABS Classification, as specified in the “Rules for Building and Classing of Single Point Moorings,” published by the American Bureau of Shipping.
The licensee shall maintain an oil throughput log, from which the report of oil throughput required by § 150.707 is prepared. Records in this log must be retained for three years, and must specify for each oil transfer operation:
(a) Vessel name, nationality, owner, and date of arrival;
(b) Country of origin of crude oil; and
(c) Total quantity in barrels of oil transferred.
The licensee shall retain signed copies of the declaration of inspection forms required by § 150.417 for one month from date of signature.
I.
The regulations in Subpart C of this part concerning vessel navigation and activities permitted and prohibited at U.S. deepwater ports apply only in the safety zone areas and adjacent waters and supplement the International Regulations for Preventing Collisions at Sea.
II.
III.
IV.
V. Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.
(b)
(c)
This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Coast Guard, Department of Transportation.