[Title 33 CFR 140]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter N - OUTER CONTINENTAL SHELF ACTIVITIES]
[Part 140 - GENERAL]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseGENERAL140PART 140NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)OUTER CONTINENTAL SHELF ACTIVITIES
PART 140_GENERAL--Table of Contents




                            Subpart A_General

Sec.
140.1 Purpose.
140.3 Applicability.
140.4 Relationship to other law.
140.5 Exemptions during construction.
140.7 Incorporation by reference.
140.10 Definitions.
140.15 Equivalents and approved equipment.
140.20 Delegations.
140.25 Appeals.
140.30 Judicial review.
140.35 Sanctions.
140.40 Processing penalty cases.

                          Subpart B_Inspections

140.101 Inspection by Coast Guard marine inspectors or Minerals 
          Management service inspectors.
140.103 Annual inspection of fixed OCS facilities.
140.105 Correction of deficiencies and hazards.

                        Subpart C_Investigations

140.201 General.
140.203 Investigation procedures.
140.205 Subpoenas.

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 78-160, 47 FR 9376, Mar. 4, 1982, unless otherwise 
noted.



                            Subpart A_General



Sec. 140.1  Purpose.

    This subchapter is intended to promote safety of life and property 
on Outer Continental Shelf (OCS) facilities, vessels, and other units 
engaged in OCS activities, protect the marine environment, and implement 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as 
amended by the Outer Continental Shelf Lands Act Amendments of 1978 
(Pub. L. 95-372, 92 Stat. 629).



Sec. 140.3  Applicability.

    Unless otherwise stated, this subchapter applies to OCS facilities, 
vessels, and other units engaged in OCS activities as the term ``OCS 
activities'' is defined in Sec. 140.10. This subchapter does not apply 
to pipelines and deepwater ports (as the term ``deepwater port'' is 
defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502)).



Sec. 140.4  Relationship to other law.

    (a) Design and equipment requirements of this subchapter for OCS 
facilities, including mobile offshore drilling units in contact with the 
seabed of the OCS for exploration or exploitation of subsea resources, 
are in addition to the regulations and orders of the U.S. Geological 
Survey applicable to those facilities.
    (b) Any apparent conflict between the application of any requirement 
of this subchapter and any regulation or order of the U.S. Geological 
Survey should immediately be brought to the attention of the Officer in 
Charge, Marine Inspection.
    (c) This subchapter does not establish design requirements for fixed 
OCS facilities or regulate drilling or production equipment on any OCS 
facility or attending vessel, except for matters affecting navigation or 
workplace safety or health.



Sec. 140.5  Exemptions during construction.

    The Officer in Charge, Marine Inspection, may exempt any unit under 
construction from any requirements of this subchapter that would be 
impracticable or unreasonable to apply during construction or erection 
of the unit.



Sec. 140.7  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a). To enforce any edition other than the 
one listed in paragraph (b) of this section, notice of the change must 
be published in the Federal Register and the material made available to 
the public. All approved material is available for inspection at U.S. 
Coast Guard, Office of Compliance (G-MOC), 2100 Second Street, SW., 
Washington, DC 20593-0001

[[Page 134]]

and at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All approved material is 
available from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
subchapter and the sections affected are as follows:

 
 
 
American National Standards Institute (ANSI)
  11 West 42nd Street, New York, NY 10036.
  ANSI A10.14-1975--Requirements for Safety Belts, Harnesses,     142.42
   Lanyards, Lifelines, and Drop Lines for Construction and
   Industrial Use............................................
  ANSI/UL1123-1987--Standard for Marine Buoyant Devices......    143.405
  ANSI Z41-1983--American National Standard for Personal          142.33
   Protection-Protective Footwear............................
  ANSI Z87.1-1979--Practice for Occupational and Educational      142.27
   Eye and Face Protection...................................
  ANSI Z88.2-1980--Practices for Respiratory Protection......     142.39
  ANSI Z89.1-1981--Safety Requirements for Industrial Head        142.30
   Protection................................................
 
International Maritime Organization (IMO)
  IMO Sales, New York Nautical Instrument and Service Corp.,
   140 W. Broadway, New York, NY 10013
  IMO Assembly Resolution A.414 (XI) Code for Construction      143.207;
   and Equipment of Mobile Offshore Drilling Units...........    146.205
 


[CGD 84-098b, 54 FR 21571, May 18, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR 
34926, June 23, 2004]



Sec. 140.10  Definitions.

    As used in this subchapter:
    Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 
1331 et seq.), as amended by the Outer Continental Shelf Lands Act 
Amendments of 1978 (Pub. L. 95-372).
    Approved means approved by the Commandant, unless otherwise 
indicated.
    Attending vessel means a vessel which is moored close to and readily 
accessible from an OCS facility for the purpose of providing power, 
fuel, or other services to the operation being conducted on the 
facility.
    Commandant means Commandant of the Coast Guard or that person's 
authorized representative.
    Development means those activities which take place following 
discovery of minerals in paying quantities, including, but not limited 
to, geophysical activity, drilling, and platform construction, and which 
are for the purpose of ultimately producing the minerals discovered.
    District Commander means an officer who commands a Coast Guard 
District described in part 3 of this chapter or that person's authorized 
representative.
    Exploration means the process of searching for minerals, including, 
but not limited to, (1) geophysical surveys where magnetic, gravity, 
seismic, or other systems are used to detect or imply the presence of 
such minerals, and (2) any drilling, whether on or off known geological 
structures, including the drilling of a well in which a discovery of oil 
or natural gas in paying quantities is made and the drilling of any 
additional delineation well after the discovery which is needed to 
delineate any reservoir and to enable the lessee to determine whether to 
proceed with development and production.
    Fixed OCS facility means a bottom founded OCS facility permanently 
attached to the seabed or subsoil of the OCS, including platforms, guyed 
towers, articulated gravity platforms, and other structures.
    Floating OCS facility means a buoyant OCS facility securely and 
substantially moored so that it cannot be moved without a special 
effort. This term includes tension leg platforms and permanently moored 
semisubmersibles or shipshape hulls but does not include mobile offshore 
drilling units and other vessels.
    Investigating officer means a person assigned by the Commandant, a 
District Commander, or an Officer in

[[Page 135]]

Charge, Marine Inspection, to conduct an investigation of an accident, 
casualty, or other incident.
    Manned facility means an OCS facility on which people are routinely 
accommodated for more than 12 hours in successive 24 hour periods.
    Manned platform means a fixed OCS facility on which people are 
routinely accommodated for more than 12 hours in successive 24 hour 
periods.
    Marine inspector means a person designated as such by an Officer in 
Charge, Marine Inspection, to perform inspections of units to determine 
whether or not the requirements of laws administered by the Coast Guard 
and of Coast Guard regulations are met.
    Minerals includes oil, gas, sulphur, geopressured-geothermal and 
associated resources, and all other minerals which are authorized by an 
Act of Congress to be produced from ``public lands'' as defined in 
section 103 of the Federal Lands Policy and Management Act of 1976 (43 
U.S.C. 1702(e)).
    Minerals Management Service inspector or MMS inspector means an 
individual employed by the Minerals Management Service who inspects 
fixed OCS facilities on behalf of the Coast Guard to determine whether 
the requirements of this subchapter are met.
    Mobile offshore drilling unit or MODU means a vessel, other than a 
public vessel of the United States, capable of engaging in drilling 
operations for exploration or exploitation of subsea resources.
    Officer in Charge, Marine Inspection means a person who commands a 
Marine Inspection Zone described in Part 3 of this chapter and who is 
immediately responsible for the performance of duties with respect to 
inspections, enforcement, and administration of regulations governing 
units.
    Operator means--(1) In the case of a vessel, a charterer by demise 
or any other person who is responsible for the operation, manning, 
victualing, and supplying of the vessel; or
    (2) In the case of an OCS facility, the operator as defined in 30 
CFR 250.2(gg).
    Outer Continental Shelf or OCS means all submerged lands lying 
seaward and outside of the area of ``lands beneath navigable waters'' as 
defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) 
and of which the subsoil and seabed appertain to the United States and 
are subject to its jurisdiction and control.
    OCS activity means any offshore activity associated with exploration 
for, or development or production of, the minerals of the Outer 
Continental Shelf.
    OCS facility means any artificial island, installation, or other 
device permanently or temporarily attached to the subsoil or seabed of 
the Outer Continental Shelf, erected for the purpose of exploring for, 
developing, or producing resources therefrom, or any such installation 
or other device (other than a ship or vessel) for the purpose of 
transporting such resources. The term includes mobile offshore drilling 
units when in contact with the seabed of the OCS for exploration or 
exploitation of subsea resources. The term does not include any pipeline 
or deepwater port (as the term ``deepwater port'' is defined in section 
3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)).
    Owner means a person holding title to or, in the absence of title, 
other indicia of ownership of a unit; however, this does not include a 
person who holds indicia of ownership primarily to protect a security 
interest in the unit and does not participate in the management or 
operation of the unit.
    Person means an individual, association, partnership, consortium, 
joint venture, private, public, or municipal firm or corporation, or a 
government entity.
    Person in charge means the master or other individual designated as 
such by the owner or operator under Sec. 146.5 of this subchapter or 46 
CFR 109.107.
    Personnel means individuals who are employed by leaseholders, permit 
holders, operators, owners, contractors, or subcontractors and who are 
on a unit by reason of their employment.
    Production means those activities which take place after the 
successful completion of any means for the removal of minerals, 
including, but not limited to, such removal, field operations, transfer 
of minerals to shore, operation monitoring, maintenance, and workover.

[[Page 136]]

    Rebuilt means having had substantial alteration or reconstruction of 
the hull or principal structural component.
    Standby vessel means a vessel meeting the requirements of Part 143, 
Subpart E, of this chapter and specifically designated in an Emergency 
Evacuation Plan under Sec. Sec. 146.140 or 146.210 of this chapter to 
provide rapid evacuation assistance in the event of an emergency.
    Unit means any OCS facility, vessel, rig, platform, or other vehicle 
or structure, domestic or foreign.
    Unmanned facility means an OCS facility, other than a floating 
facility or mobile offshore drilling unit, which is not a manned 
facility even though it may be continuously serviced by an attending 
vessel.
    Unmanned platform means a fixed, bottom-founded OCS facility which 
is not a manned facility even though it may be continuously serviced by 
an attending vessel.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 79-077, 51 FR 
25059, July 10, 1986; CGD 84-098b, 54 FR 21571, May 18, 1989; USCG-2001-
9045, 67 FR 5916, Feb. 7, 2002]



Sec. 140.15  Equivalents and approved equipment.

    (a) The use of alternate equipment or procedures for those specified 
in this subchapter may be permitted by an Officer in Charge, Marine 
Inspection, to the extent and upon conditions as will insure a degree of 
safety comparable to or greater than that provided by the minimum 
standards in this subchapter.
    (b) Where equipment in this subchapter is required to be of an 
approved type, the equipment requires the specific approval of the 
Commandant. Approvals are published in the Federal Register and 
COMDTINST M16714.3 (Series) Equipment List, available from Commandant 
(G-MSE), U.S. Coast Guard, Washington, DC 20593-0001.
    (c) Specifications for certain items required to be of an approved 
type are contained in 46 CFR Parts 160 through 164.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended at CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996]



Sec. 140.20  Delegations.

    (a) Each District Commander is responsible for the administration 
and enforcement of the regulations in this subchapter within that 
person's assigned district.
    (b) Under the general superintendence of the District Commander, the 
Officer in Charge, Marine Inspection, is delegated authority to 
administer and enforce the regulations in this subchapter.
    (c) Authority delegated under this section may be redelegated as 
necessary by the delegate.



Sec. 140.25  Appeals.

    (a) Any person directly affected by an action or decision of an 
Officer in Charge, Marine Inspection, under the Act or the regulations 
in this subchapter may request reconsideration of that action or 
decision. If still dissatisfied, that person may appeal the action or 
decision of the Officer in Charge, Marine Inspection, within 30 days to 
the District Commander of the District in which the action was taken or 
the decision made. The District Commander issues a decision after 
reviewing the appeal submitted under this paragraph.
    (b) Any person not satisfied with the decision of a District 
Commander may appeal that decision within 30 days to the Commandant, who 
issues a ruling after reviewing the appeal submitted under this 
paragraph. Rulings of the Commandant constitute final agency action.
    (c) An appeal to the District Commander or Commandant:
    (1) Must be made in writing, except in an emergency when an oral 
appeal may be accepted;
    (2) Must be submitted to the District Commander of the District in 
which the action was taken or the decision made;
    (3) Must describe the decision or action being appealed;
    (4) Must state the reasons why the action or decision should be set 
aside or modified; and
    (5) May contain any supporting documents and evidence that the 
appellant wishes to have considered.
    (d) Pending determination of any appeal, the action or decision 
appealed

[[Page 137]]

remains in effect, unless suspended by the District Commander to whom 
the appeal was made or by the Commandant.



Sec. 140.30  Judicial review.

    (a) Nothing in this subchapter shall be construed to prevent any 
interested party from seeking judicial review as authorized by law.
    (b) Judicial review of the regulations in this subchapter, or any 
final ruling or order of the Commandant or that person's delegate 
pursuant to the Act or the regulations in this subchapter, is governed 
by the judicial review provisions of section 23 of the Act (43 U.S.C. 
1349).



Sec. 140.35  Sanctions.

    (a) Any person who fails to comply with:
    (1) Any provision of the Act;
    (2) Any regulation in this subchapter; or
    (3) Any order issued under the Act or the regulations in this 
subchapter by the Commandant, a District Commander, or an Officer in 
Charge, Marine Inspection, after notice of the failure and after 
expiration of any reasonable period allowed for corrective action, shall 
be liable for a civil penalty for each day of the continuance of the 
failure.
    (b) Any person who knowingly and willfully:
    (1) Violates any provision of the Act;
    (2) Violates any regulation in this subchapter designed to protect 
health, safety, or the environment;
    (3) Violates any order of the Commandant, District Commander, or 
Officer in Charge, Marine Inspection, issued under the Act or the 
regulations in this subchapter that is designed to protect health, 
safety, or the environment;
    (4) Makes any false statement, representation, or certification in 
any application, record, report, or other document filed or required to 
be maintained under the Act or the regulations in this subchapter;
    (5) Falsifies, tampers with, or renders inaccurate any monitoring 
device or method of record required to be maintained under this Act or 
the regulations in this subchapter; or
    (6) Reveals any data or information required to be kept confidential 
by the Act shall, upon conviction, be punished by a fine of not more 
than $100,000, or by imprisonment for not more than ten years, or both. 
Each day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of 
this section continues, or each day that any monitoring device or data 
recorder remains inoperative or inaccurate because of any activity 
described in paragraph (b)(5) of this section, constitutes a separate 
violation.
    (c) Whenever a corporation or other entity is subject to prosecution 
under paragraph (b) of this section, any officer or agent of the 
corporation or entity who knowingly and willfully authorized, ordered, 
or carried out the prescribed activity shall be subject to the same 
fines or imprisonment, or both, as provided for under paragraph (b) of 
this section.
    (d) The penalties prescribed in this section are concurrent and 
cumulative and the exercise of one does not preclude the exercise of the 
others. Further, the penalties prescribed in this section are in 
addition to any other penalties afforded by any other law or regulation.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



Sec. 140.40  Processing penalty cases.

    Apparent violations of the regulations in this subchapter are 
processed in accordance with subpart 1.07 of 33 CFR part 1 on civil and 
criminal penalty proceedings, except as follows:
    (a) The District Commander refers civil penalty cases to the 
Secretary of the Interior, or that person's delegate, who, under the 
Act, assesses, collects, and compromises civil penalties.
    (b) If a possible violation investigated by the Coast Guard carries 
both a civil and a criminal penalty, the District Commander determines 
whether to refer the case to the U.S. Attorney for criminal prosecution 
or to the Secretary of the Interior, or that person's delegate, for 
civil penalty proceedings.
    (c) When the U.S. Attorney declines to institute criminal 
proceedings, the District Commander decides whether to refer the case to 
the Secretary of

[[Page 138]]

the Interior, or that person's delegate, for civil penalty proceedings 
or to close the case.



                          Subpart B_Inspections



Sec. 140.101  Inspection by Coast Guard marine inspectors or Minerals 
Management Service inspectors.

    (a) Each unit engaged in OCS activities is subject to inspection by 
the Coast Guard.
    (b) On behalf of the Coast Guard, each fixed OCS facility engaged in 
OCS activities is subject to inspection by the Minerals Management 
Service (MMS).
    (c) Under the direction of the Officer in Charge, Marine Inspection, 
Coast Guard marine inspectors may inspect units engaged in OCS 
activities, and MMS inspectors may inspect fixed OCS facilities, to 
determine whether the requirements of this subchapter are met. These 
inspections may be conducted with or without advance notice at any time 
deemed necessary by the Officer in Charge, Marine Inspection, or MMS.
    (d) As part of an inspection, a Coast Guard marine inspector or an 
MMS inspector may review records and require and observe the conduct of 
emergency drills and other tests and procedures as may be necessary to 
demonstrate to that person's satisfaction that the unit and its 
equipment are in full compliance with applicable Coast Guard 
regulations. The Coast Guard marine inspector or the MMS inspector 
consults with the person in charge of the unit before requiring a drill 
or other test or procedure to be conducted to minimize disruption of 
unit activities and risk to life or property.
    (e) Coast Guard inspections of foreign units recognize valid 
international certificates accepted by the United States, including 
Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling 
Unit (MODU) Code certificates for matters covered by the certificates, 
unless there are clear grounds for believing that the condition of the 
unit or its equipment does not correspond substantially with the 
particulars of the certificate.
    (f) Coast Guard marine inspectors conduct an initial inspection of 
each fixed OCS facility to determine whether the facility is in 
compliance with the requirements of this subchapter.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 84-098a, 53 FR 
18980, May 26, 1988; USCG-2001-9045, 67 FR 5916, Feb. 7, 2002]



Sec. 140.103  Annual inspection of fixed OCS facilities.

    (a) The owner or operator of each fixed OCS facility shall ensure 
that the facility is inspected, at intervals not to exceed 12 months, to 
determine whether the facility is in compliance with the requirements of 
this subchapter.
    (b) Except for initial inspections under Sec. 140.101(f), 
inspections by Coast Guard marine inspectors and Minerals Management 
Service (MMS) inspectors do not meet the requirements for an inspection 
under paragraph (a) of this section.
    (c) Except for initial inspections under Sec. 140.101(f), the 
results of the inspection under paragraph (a) of this section must be 
recorded on form CG-5432. Forms CG-5432 may be obtained from the Officer 
in Charge, Marine Inspection. A copy of the completed form must be kept 
for 2 years after the inspection under paragraph (a) of this section is 
conducted and the form made available to the Coast Guard and MMS on 
request. For manned fixed OCS facilities, the copy of the completed form 
must be kept on the facility. For unmanned fixed OCS facilities, the 
copy of the completed form must be kept either at the nearest manned 
fixed OCS facility or, if there is no manned fixed OCS facility in the 
area, at the nearest field office of the owner or operator. In addition, 
the owner or operator must submit, to the appropriate MMS District 
office, a copy of each completed form CG-5432 that indicates outstanding 
deficiencies or hazards, within 30 days after completion of the 
inspection.

[CGD 84-098a, 53 FR 18980, May 26, 1988, as amended by USCG-2001-9045, 
67 FR 5916, Feb. 7, 2002]



Sec. 140.105  Correction of deficiencies and hazards.

    (a) Lifesaving and fire fighting equipment which is found defective 
during an inspection by a Coast Guard marine inspector or a Minerals 
Management Service (MMS) inspector and which, in

[[Page 139]]

the opinion of the inspector, cannot be satisfactorily repaired must be 
so mutilated in the presence of the inspector that it cannot be used for 
the purpose for which it was originally intended. Lifesaving and fire 
fighting equipment subsequently determined to be unrepairable must be 
similarly mutilated in the presence of the person making that 
determination.
    (b) Any deficiency or hazard discovered during an inspection by a 
Coast Guard marine inspector or an MMS inspector is reported to the 
unit's owner or operator, who shall have the deficiency or hazard 
corrected or eliminated as soon as practicable and within the period of 
time specified by the inspector.
    (c) Deficiencies and hazards discovered during an inspection of a 
fixed OCS facility under Sec. 140.103(a) must be corrected or 
eliminated, if practicable, before the form CG-5432 is completed. 
Deficiencies and hazards that are not corrected or eliminated by the 
time the form is completed must be indicated on the form as 
``outstanding'' and the form submitted to the appropriate MMS District 
office. Upon receipt of a form CG-5432 indicating outstanding 
deficiencies or hazards, MMS informs, by letter, the owner or operator 
of the fixed OCS facility of the deficiencies or hazards and the time 
period specified to correct or eliminate the deficiencies or hazards.
    (d) For lifesaving and fire fighting equipment deficiencies on fixed 
OCS facilities that cannot be corrected before the submission of form 
CG-5432, the owner or operator must contact the appropriate MMS District 
Supervisor to request a time period for repair of the item. The owner or 
operator must include a description of the deficiency and the time 
period approved by MMS for correction of the deficiency in the comment 
section of form CG-5432.
    (e) Where a deficiency or hazard remains uncorrected or uneliminated 
after the expiration of the time specified for correction or 
elimination, the Officer in Charge, Marine Inspection or MMS (for 
deficiencies or hazards discovered by MMS during an inspection of a 
fixed OCS facility), initiates appropriate enforcement measures.

[CGD84-098a, 53 FR 18981, May 26, 1988, as amended by USCG-2001-9045, 67 
FR 5916, Feb. 7, 2002]



                        Subpart C_Investigations



Sec. 140.201  General.

    Under the direction of the Officer in Charge, Marine Inspection, 
investigating officers investigate the following incidents occurring as 
a result of OCS activities:
    (a) Death.
    (b) Injury resulting in substantial impairment of any bodily unit or 
function.
    (c) Fire which causes death, serious injury or property damage 
exceeding $25,000.
    (d) Oil spillage exceeding two hundred barrels of oil in one 
occurrence during a thirty-day period.
    (e) Other injuries, casualties, accidents, complaints of unsafe 
working conditions, fires, pollution, and incidents occurring as a 
result of OCS activities as the Officer in Charge, Marine Inspection, 
deems necessary to promote the safety of life or property or protect the 
marine environment.



Sec. 140.203  Investigation procedures.

    (a) Insofar as practicable, investigations conducted pursuant to 
this subchapter shall follow the procedures of 46 CFR Part 4.
    (b) Representatives of the U.S. Geological Survey may participate in 
these investigations. This participation may include, but is not limited 
to:
    (1) Participating in a joint on-scene investigation;
    (2) Making recommendations concerning the scope of the 
investigation;
    (3) Calling and examing witnesses; and
    (4) Submitting or requesting additional evidence.
    (c) Reports of investigations conducted under this subchapter shall 
be made available to parties to the investigation and the public upon 
completion of agency action.

[[Page 140]]



Sec. 140.205  Subpoenas.

    (a) In any investigation conducted pursuant to this subchapter, the 
investigating officer shall have the power to administer necessary 
oaths, subpoena witnesses, and require the production of books, papers, 
documents, and any other evidence.
    (b) Attendance of witnesses or the production of books, papers, 
documents, or any other evidence shall be compelled by a process similar 
to that used in the District Courts of the United States.