[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4481]
[Federal Register: February 28, 1994]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Memorandum of Understanding Establishing Jurisdictional
Responsibilities for Offshore Facilities
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice.
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SUMMARY: The memorandum of understanding (MOU) establishing Federal
jurisdictional boundaries for offshore facilities, including pipelines,
became effective on February 3, 1994. The MOU divides the
responsibilities associated with oil-spill prevention and control,
response planning, and response equipment inspection for offshore
facilities. The MOU is among the Department of the Interior (DOI),
Department of Transportation (DOT), and the Environmental Protection
Agency (EPA).
The coast line marks the boundary that determines which agency is
responsible for a facility. The MMS of the DOI is responsible for
offshore facilities, including pipelines but not deepwater ports,
located seaward of the coast line. The EPA is responsible for non-
transportation-related offshore facilities located landward of the
coast line. The U.S. Coast Guard and the Research and Special Programs
Administration of the DOT will handle transportation-related offshore
facilities, including pipelines, located landward of the coast line.
Any exceptions to the MOU will be determined on a facility-specific
basis, and the affected parties will be notified.
FOR FURTHER INFORMATION CONTACT:
Sharon L. Buffington, Engineering and Technology Division; MS-4700;
Minerals Management Service; 381 Elden Street; Herndon, Virginia 22070-
4817, telephone (703) 787-1600.
SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 12777 (56 FR 54757)
delegated to DOI, DOT, and EPA various responsibilities identified in
the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990
(Public Law 101-380). The E.O. 12777 assigned the responsibilities
associated with oil-spill prevention and control, contingency planning,
and response equipment inspection for offshore facilities to DOI.
However, section 311(a)(11) of the CWA defines ``offshore facility'' to
include facilities of any kind located in, on, or under navigable
waters of the United States. By using this definition, the traditional
DOI role of regulating facilities in the Outer Continental Shelf is
expanded by E.O. 12777 to include inland lakes, rivers, streams, and
any other inland waters. Without this MOU, as many as four Federal
agencies could have overlapping responsibilities for some coastal
facilities.
To avoid any confusion caused by the definition of ``offshore
facility'', MMS coordinated an effort to establish jurisdictional
boundaries for oil-spill prevention and control, response planning, and
response equipment inspection activities. Pursuant to section 2(i) of
E.O. 12777, the Secretary of the Interior redelegated those functions
vested in DOI to give EPA non-transportation-related offshore
facilities located landward of the coast line and give DOT
transportation-related offshore facilities landward of the coast line.
The divisions agreed to in the MOU (Appendix A) is more consistent with
traditional agency expertise and jurisdiction. This MOU does not
include jurisdictional boundaries for oil-spill financial
responsibility.
Dated: February 17, 1994.
Thomas Gernhofer,
Associate Director for Offshore Minerals Management.
Appendix A--Memorandum of Understanding Among the Secretary of the
Interior, Secretary of Transportation, and Administrator of the
Environmental Protection Agency
Purpose
This Memorandum of Understanding (MOU) establishes the
jurisdictional responsibilities for offshore facilities, including
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A)
of the Clean Water Act (CWA), as amended by the Oil Pollution Act of
1990 (Public Law 101-380). The Secretary of the Department of the
Interior (DOI), Secretary of Department of Transportation (DOT), and
Administrator of the Environmental Protection Agency (EPA) agree to
the division of responsibilities set forth below for spill
prevention and control, response planning, and equipment inspection
activities pursuant to those provisions.
Background
Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI,
DOT, and EPA various responsibilities identified in section 311(j)
of the CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777
assigned to DOI spill prevention and control, contingency planning,
and equipment inspection activities associated with offshore
facilities. Section 311(a)(11) defines the term ``offshore
facility'' to include facilities of any kind located in, on, or
under navigable waters of the United States. By using this
definition, the traditional DOI role of regulating facilities on the
Outer Continental Shelf is expanded by E.O. 12777 to include inland
lakes, rivers, streams, and any other inland waters.
Responsibilities
Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA
and DOT agree to assume, the functions vested in DOI by sections
2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below.
For purposes of this MOU, the term ``coast line'' shall be
defined as in the Submerged Lands Act (43 U.S.C. 1301(c)) to mean
``the line of ordinary low water along that portion of the coast
which is in direct contact with the open sea and the line marking
the seaward limit of inland waters.''
1. To EPA, DOI redelegates responsibility for non-
transportation-related offshore facilities located landward of the
coast line.
2. To DOT, DOI redelegates responsibility for transportation-
related facilities, including pipelines, located landward of the
coast line. The DOT retains jurisdiction for deepwater ports and
their associated seaward pipelines, as delegated by E.O. 12777.
3. The DOI retains jurisdiction over facilities, including
pipelines, located seaward of the coast line, except for deepwater
ports and associated seaward pipelines delegated by E.O. 12777 to
DOT.
Effective Date
This MOU is effective on the date of final execution by the
indicated signatories.
Limitations
1. The DOI, DOT, and EPA may agree in writing to exceptions to
this MOU on a facility-specific basis. Affected parties will receive
notification of the exceptions.
2. Nothing in this MOU is intended to replace, supersede, or
modify and existing agreements between or among DOI, DOT, or EPA.
Modification and Termination
Any party to this agreement may propose modifications by
submitting them in writing to the heads of the other agency/
department. No modification may be adopted except with the consent
of all parties. All parties shall indicate their consent to or
disagreement with any proposed modification within 60 days of
receipt. Upon the request of any party, representatives of all
parties shall meet for the purpose of considering exceptions or
modifications to this agreement. This MOU may be terminated only
with the mutual consent of all parties.
Bruce Babbitt,
Secretary of the Interior.
Carol M. Browner,
Administrator, Environmental Protection Agency.
Federico Pena,
Secretary of Transportation.
[FR Doc. 94-4481 Filed 2-25-94; 8:45 am]
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