[Federal Register Volume 60, Number 167 (Tuesday, August 29, 1995)]
[Rules and Regulations]
[Pages 45006-45018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21292]
[[Page 45005]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR 156
Designation of Lightering Zones in the Gulf of Mexico; Final Rule
Federal Register / Vol. 60, No. 167 / Tuesday, August 29, 1995 /
Rules and Regulations
[[Page 45006]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 156
[CGD 93-081]
RIN 2115-AE90
Designation of Lightering Zones
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is designating four lightering zones in the
Gulf of Mexico, each more than 60 miles from the baseline from which
the territorial sea of the United States is measured. By using these
lightering zones, single hull tank vessels contracted for after June
30, 1990, and older single hull tank vessels phased out by the Oil
Pollution Act of 1990, will be permitted to offload oil in the U.S.
Exclusive Economic Zone (EEZ) until January 1, 2015 for transshipment
to U.S. ports. This rule establishes the first lightering zones
designated by the Coast Guard. It also establishes three areas in the
Gulf of Mexico where all lightering will be prohibited.
EFFECTIVE DATE: This rule is effective on August 29, 1995. The Director
of the Federal Register approves as of August 29, 1995, the
incorporation by reference of certain publications listed in
Sec. 156.111.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., room 3406, Washington, DC
20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: LCDR Stephen Kantz, Project Manager,
Oil Pollution Act (OPA 90) Staff, (G-MS-A), (202) 267-6740. This
telephone is equipped to record messages on a 24-hour basis.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LCDR
Stephen Kantz, Project Manager, Oil Pollution Act (OPA 90) Staff, and
C. G. Green, Project Counsel, Regulations and Administrative Law
Division (G-LRA).
Regulatory History
In November 1993, the Coast Guard received several requests to
establish lightering zones in the Gulf of Mexico. On December 2, 1993,
the Coast Guard published in the Federal Register a notice of these
petitions for rulemaking and request for comment (58 FR 63544).
The requests received by the Coast Guard for the designation of
lightering zones varied in their specifics. One requested that all U.S.
waters of the Gulf of Mexico more than 60 miles beyond the baseline
from which the territorial sea is measured be designated as a
lightering zone. Another sought a large lightering zone off the coast
of Texas and a smaller one off the coast of Louisiana. The third
request was for a lightering zone off the coast of Mississippi.
On December 16, 1993, the Coast Guard published in the Federal
Register a notice of public meeting to solicit opinions on whether
lightering zones should be established and, if so, where they should be
located and what operating conditions should be mandated (58 FR 65683).
A public meeting was held in Houston, Texas, on January 18, 1994.
Ninety-six people attended this meeting, representing industry,
environmental advocates, and government agencies.
On January 5, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Designation of Lightering Zones'' in the
Federal Register (60 FR 1958). The Coast Guard received 23 letters
commenting on the proposal.
On January 13, 1995, the Coast Guard published in the Federal
Register a notice of public meeting to solicit additional opinions on
the NPRM (60 FR 3185). A public meeting was held in Metairie,
Louisiana, on February 16, 1995. Fifty-five people attended this
meeting, representing tankship owners and operators, service and
support industries, and government agencies. Ten attendees made oral
presentations, and most of these individuals subsequently provided
written copies of their presentations for the docket. No additional
public meeting was requested and none was held.
Background and Purpose
Section 3703a of Title 46 of the United States Code establishes the
requirements for tank vessels eventually to be equipped with double
hulls, and includes a phaseout schedule for single hull tank vessels.
This section also provides exemptions from the double hull requirement.
Until January 1, 2015, a tank vessel need not comply with the double
hull requirement when it is offloading oil at a deepwater port licensed
under the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501, et
seq.) or within a lightering zone established under 46 U.S.C.
3715(b)(5), which is more than 60 miles from the baseline from which
the U.S. territorial sea is measured (46 U.S.C. 3703a(b)(3)).
Currently, only the Louisiana Offshore Oil Port (LOOP) has been
authorized under the Deepwater Port Act of 1974. No lightering zones
have previously been established under 46 U.S.C. 3715(b)(5).
By using designated lightering zones more than 60 miles from the
baseline from which the territorial sea is measured, single hull tank
vessels contracted for after June 30, 1990, and older single hull tank
vessels phased out by the Oil Pollution Act of 1990 (OPA 90) (Pub. L.
101-380), will be able to lighter until January 1, 2015. For
clarification, throughout the preamble discussion for this final rule,
the term ``double hull'' means a tank vessel meeting the requirements
of 33 CFR 157.10d, or an equivalent to the requirements of 33 CFR
157.10d. The term ``single hull'' tank vessel means any tank vessel
which does not conform to, or is not considered equivalent to, the
requirements of 33 CFR 157.10d.
Before proposing the zones designated by this rule, in accordance
with 33 CFR part 156, the Coast Guard considered the various factors in
designating lightering zones: Traditional use of the area for
lightering; weather and sea conditions; water depth; proximity to
shipping lanes, vessel traffic schemes, anchorages, fixed structures,
designated marine sanctuaries, fishing areas, and designated units of
the National Park System, National Wild and Scenic Rivers System,
National Wilderness Preservation System, properties included on the
National Register of Historic Places and National Registry of Natural
Landmarks, and National Wildlife Refuge System; and other relevant
safety, environmental, and economic data (33 CFR 156.230). Current
regulations at 33 CFR 156.225 provide the District Commander the
authority to designate lightering zones. Due to the extensive
environmental and economic analysis required, and because this
rulemaking was determined to be a significant regulatory action under
Department of Transportation (DOT) policy, this rulemaking was prepared
by the Commandant of the Coast Guard. However, this rulemaking by the
Commandant will not affect the District Commander's authority under 33
CFR 156.225 to administer and modify these zones as appropriate or to
designate subsequent lightering zones.
[[Page 45007]]
Related Rulemakings
On September 15, 1993, the Coast Guard published a final rule (CGD
90-052) revising 33 CFR part 156, subpart B, to clarify that
regulations issued under section 311(j) of the Federal Water Pollution
Control Act (FWPCA) (33 U.S.C. 1321 et seq.) apply to offshore
lightering operations when conducted in the U.S. marine environment (58
FR 48436). Under that rulemaking, a Declaration of Inspection (as
required by 33 CFR 156.150) and a vessel response plan (if required
under part 155) serve as acceptable evidence of compliance with section
311(j) of the FWPCA. The vessel to be lightered and the service vessel,
as defined in 33 CFR 156.205, must both have such evidence of
compliance on board at the time of a transfer. The rule also amended 33
CFR 156.215, pre-arrival notice requirements, to include the number of
transfers expected and the amount of cargo expected to be transferred
during each lightering operation.
On July 1, 1994, the Coast Guard published an interim final rule
(CGD 91-005) implementing provisions concerning financial
responsibility for vessels under OPA 90 and the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as
amended. These provisions included expanding the applicability of the
financial responsibility requirements of 33 CFR part 130 to ``vessels
of any size using the waters of the exclusive economic zone to
transship or lighter oil'', specifically meaning both the delivering
and receiving vessels. Consequently, when lightering in the EEZ, both
vessels are required to possess valid Certificates of Financial
Responsibility (COFR) demonstrating evidence of insurance, or other
evidence of financial responsibility, sufficient to meet the vessels'
potential liability under OPA 90 and CERCLA for discharges or
threatened discharges of oil. This requirement went into effect July 1,
1994.
Effective Date
This rule is being made effective on August 29, 1995. Under 5
U.S.C. 553(d) a rule may be made effective less than 30 days after its
publication if it grants or recognizes an exemption or relieves a
restriction. At the present time, single hull tank vessels contracted
for after June 30, 1990, and single hull tank vessels phased out by OPA
90 cannot offload oil destined for the U.S. in the U.S. Exclusive
Economic Zone (EEZ) except at a deepwater port or in a designated
lightering zone. The first single hull vessel phase out date went into
effect January 1, 1995. There is only one deepwater port (LOOP) and
this deepwater port does not provide oil to many of the refineries
along the Gulf Coast. This rule establishes the first designated
lightering zones for the United States. By using these lightering
zones, single hull tank vessels currently precluded from operating in
the EEZ may lighter their oil cargo closer to the U.S. ports for which
it is destined. For these reasons, the Coast Guard finds that this rule
should be made effective in less than 30 days after publication.
Discussion of Comments and Changes
The Coast Guard has reviewed all of the comments received in
response to the NPRM and, in some instances, revised the final rule
language based on these comments. The comments have been grouped by
major issue or specific regulatory section and are discussed below.
General
Of the comments received in response to the NPRM, most generally
supported the designation of lightering zones in the Gulf of Mexico and
noted that the need for lightering was increasing.
An individual representing the American Institute of Merchant
Shipping (AIMS), the American Petroleum Institute (API), and the
Industry Task Force on Offshore Lightering (ITOL) spoke at the public
meeting in New Orleans and also provided a letter to the docket, giving
a number of detailed reasons why these organizations all support this
rulemaking. Together these organizations represent over 300 companies
engaged in all aspects of the petroleum and marine transportation
industry. Since the comments, both at the public meeting and in a
letter to the docket, present the views of the majority of commercial
interests impacted by this rulemaking, they are identified as the
``industry comments'' throughout the remaining preamble discussion, and
the individual who spoke at the hearing is identified as the ``industry
representative''.
At the public meeting the industry representative stated that
lightering has long been established as a safe and effective means of
transferring imported crude oil from tankers too large for shallow
water ports to small tankers that serve refineries ashore. He further
stated that 25 percent of U.S. crude oil imports are delivered this way
in the Gulf of Mexico at a rate of approximately 2 million barrels per
day. He asserted that the establishment of these zones is absolutely
critical to meet the supply requirements of U.S. refineries and noted
that lightering operations historically have been conducted in a safe
and environmentally sound manner. He cited the Coast Guard 1993
Deepwater Ports Study which stated that between 1986 and 1990 only 15
lightering casualties were reported for a total spillage of 45 barrels
and that the relative risk factor of lightering operations in zones 40
to 60 miles offshore was zero. The industry representative added that
factors which would benefit spill response and mitigation should be
considered in establishing lightering zones.
Two comments from organizations involved in the shipbuilding
industry generally opposed the proposed regulations. Both comments
stated that the designation of lightering zones would be a disincentive
to purchase new double hull tankers. They also stated that the
continued use of single hull tankers would increase the potential risks
of collisions and oil spills which OPA 90 was intended to prevent, and
that the proposed regulations would circumvent the transition to double
hull tankers.
The Coast Guard has determined that establishing lightering zones
will not encourage further single hull tanker construction. Such
construction is effectively barred by the International Maritime
Organization's (IMO) adoption of Regulation 13F of Annex I to the
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 (MARPOL 73/78) which requires
double hull or mid-deck construction of all new tankers for which
contracts are placed on or after July 6, 1993, or which are to be
completed after July 6, 1996. (It should be noted that mid-deck
construction is not an acceptable alternative to a double hull under 46
U.S.C. 3703a). Additionally, the IMO has adopted Regulation 13G in
Annex I of MARPOL 73/78. Regulation 13G subjects tank vessels to
increasingly rigorous hull surveys at 5-year intervals and is
practically certain to bring about the timely retirement of most aging
single hull tankers. This retirement of single hull tankers would
occur, notwithstanding the exemption under OPA 90 that permits single
hull tankers to operate in U.S. waters until the year 2015 by using a
designated lightering zone. It is the consensus of the worldwide
industry that a minority of crude oil tankers will survive the
prohibitively costly survey regimen that will begin at their 25th
anniversary survey. The international regulations, in conjunction with
the provisions of section 4115 of OPA 90, effectively
[[Page 45008]]
ensure that the day of the single hull tanker is ending. Available data
shows that many single hull tankers are being scrapped earlier than
required by either OPA 90 or MARPOL 73/78.
A letter from the Minerals Management Service (MMS) of the
Department of the Interior expressed concern about establishing
lightering zones in active oil and gas development areas on the Outer
Continental Shelf (OCS). It was concerned with the safety of offshore
production facilities which could be at risk from vessels in the
proposed lightering zones. The comment urged that the Coast Guard work
together with MMS to monitor lightering zones to avoid use conflicts
and to promote safety, and suggested that the Coast Guard decrease the
size of the proposed zones or require permanent mooring buoys for use
by lightering vessels.
The Coast Guard is aware of the active mineral and oil industry on
the Gulf of Mexico's OCS and has historically been involved with the
safety of the offshore marine industry and environment. The reserves
and refineries of the western Gulf Coast region play a significant role
in the nation's energy needs. The development of the extensive refining
capacity which now exists along the Gulf Coast was a consequence of the
development of regional land-based oil and gas reserves as well as
those offshore. Due to the fluctuations in crude oil prices and the
variations in crude oil composition, these Gulf Coast refineries must
supplement their domestically produced sources with waterborne oil
imports. This rule will help to meet the regional needs of these
refiners for imported oil and provide stability to the nation's energy
supply and economy. The designated lightering zones and prohibited
areas in this rulemaking will only affect the lightering activities
within their geographical bounds and will not interfere with or
discourage the development of OCS oil and gas reserves.
Regarding the safety of offshore production facilities from vessel
activities in the lightering zones, only the South Sabine Point
lightering zone and the northern tip of the Southtex lightering zone
include waters where an appreciable number of production facilities
have been constructed. A significant factor favoring construction of
production platforms in these areas is the shallow water depths,
generally less than 200 meters (109 fathoms). The shallower areas of
the South Sabine Point and the northern tip of the Southtex lightering
zones allow lightering to be conducted while vessels are anchored.
During the last 15 years, offshore lightering in the vicinity of
the South Sabine Point transshipment area (TSA) and Offshore Galveston
No. 1 and No. 2 TSAs has not proven to be a safety hazard to the
production platforms in the areas, nor has it affected offshore oil and
gas development. It is anticipated that lightering will continue in
these locations even after designation of lightering zones. The
operational restrictions in this rule mirror several practices
currently used by many offshore lightering companies. One of these
industry practices is a 1-nautical mile minimum closest-point-of-
approach (CPA) to production platforms and drilling units. The
maintenance of a 1-nautical mile CPA by lighterers has thus far proven
adequate to provide for the safety of nearby offshore mineral, oil, and
gas development facilities. Formally requiring this minimum CPA and
other operating restrictions in the final rule enhances the safety of
production facilities in the designated lightering zones. The remaining
areas of the designated lightering zones, other than South Sabine Point
and the northern tip of Southtex zones, have undergone little
development and, therefore, provide expansive open waters to all users.
This rulemaking establishes the first lightering zones designated
by the Coast Guard. As discussed previously, the District Commander's
authority at 33 CFR 156.225 to designate lightering zones and their
operating requirements remains unaffected by this rulemaking. The
Commander, Eighth Coast Guard District, located in New Orleans,
Louisiana, will administer the lightering zones designated in this
rule. If experience indicates that a realistic threat to offshore
facilities exists or that additional safety criteria or procedures are
warranted to regulate activities in these zones, the District Commander
may revise these regulations as appropriate.
One comment suggested that the proposed regulations should also
authorize offloading of oil from deepwater production facilities
located inside lightering zones. These facilities would include tension
leg platforms, spars, semi-submersibles, and converted tankers.
The comment misunderstood the NPRM as limiting authorized
operations within lightering zones to lightering and bunkering
operations from oceangoing tankers. There are no generally authorized
or prohibited activities in designated lightering zones. Rather, this
rule regulates how lightering activities should be conducted within the
designated zones. Offloading of oil from deepwater production
facilities in designated lightering zones is not prohibited or
otherwise regulated by this rule. That activity continues to be subject
to the regulations in 33 CFR part 154 and subpart A of part 156,
whether the activity occurs inside or outside a designated lightering
zone.
Addition of Fourth Lightering Zone at South Sabine Point
In the NPRM for this rulemaking, the Coast Guard specifically
requested comments on whether an additional area off Galveston, Texas,
in the vicinity of South Sabine Point TSA, should be designated as a
fourth lightering zone. Twelve comments addressed this issue.
These comments supported designating the area as an additional
lightering zone. The comments indicated that this area is closest to
lightering support centers of Texas refining complexes and within range
of all support helicopters. The comments also indicated that the South
Sabine Zone would decrease congestion in the northwestern corner of the
Southtex zone by providing additional anchorage area for lightering
operations. Industry comments at the public meeting in New Orleans
detailed reasons why an additional zone at South Sabine Point should be
established. These reasons were stated as follows:
(1) The South Sabine Point zone is closest to shoreside responders
and response vessels pre-staged to respond to a pollution incident.
(2) In many environmental conditions, anchoring is the preferred
method of lightering. This procedure generally is not available to
tankers lightering in the other lightering zone off the coast of Texas
(Southtex), where the waters are largely too deep.
(3) Shallower water depths in the South Sabine Point zone
contribute to more moderate sea conditions than those generally found
in the Southtex zone.
(4) This area is currently being used for lightering and
historically has been so used for almost 20 years.
(5) It is the closest zone to the principal lightering support
centers of eastern Texas.
(6) This area is also within the range of most helicopters from the
Houston-Galveston-Port Arthur areas which can fly round trip, without
requiring refueling.
(7) The majority of oil lightered in the Gulf of Mexico is destined
for the Houston-Galveston-Port Arthur areas. If the Southtex zone were
the only one available for tankers with oil destined
[[Page 45009]]
for Houston, Galveston, or Port Arthur, the added costs for support and
transportation would create an additional economic burden for many
Texas refineries. This burden would not be shared by other refineries
on the Gulf Coast, placing them at an economic disadvantage.
(8) Because of proximity to ports and shallower water depths for
anchoring, the northwestern corner of the Southtex zone would get very
crowded if lightering were not allowed in the South Sabine Point zone.
(9) The extension of the logistics lines for lightering support is
a major safety and economic concern.
Unified comments from three international organizations heavily
involved in the tanker industry, Oil Companies International Marine
Forum (OCIMF), the International Chamber of Shipping (ICS), and the
International Association of Independent Tanker Owners (INTERTANKO),
expressed support for the designation of the proposed lightering zones.
These organizations also supported the designation of South Sabine
Point zone, citing many of the same reasons as in the industry
comments. The Texas GLO also supported the designation of the South
Sabine Point zone.
Data contained in the Regulatory Assessment on 1992 U.S. crude oil
imports by water show that all offshore lightering for the U.S. was
conducted in the Gulf of Mexico. The data further indicate that
lightered oil delivered to the Houston, Galveston, and Port Arthur
areas was approximately 50 percent of the total lightered oil,
averaging over 800,000 barrels per day. Similar import data for 1993
shows an increase to 900,400 barrels per day. This latter figure
represents 60 percent of the oil lightered in the Gulf of Mexico. Based
on the data, the industry comments expressed at the public meeting, and
comment letters to the docket, the Coast Guard has decided to designate
a fourth zone named ``South Sabine Point.'' The boundaries of the South
Sabine Point zone have been added to Sec. 156.300 as a new paragraph
(d). The same operational conditions and restrictions which apply in
the proposed three lightering zones will apply to this new zone.
Request for Comments on Additional Rulemaking
In response to the Coast Guard's request for comments on whether to
consider a rulemaking to change the traditional lightering areas into
formal lightering zones and whether any of the concepts contained in
the NPRM could be used in such a subsequent rulemaking, comments from
industry noted that lightering operations are highly professional cargo
transfer operations and that the industry's record for safety is
outstanding. The comments stated that the purpose of this rulemaking is
to implement the clear language of OPA 90 which allows single hull
vessels to continue to lighter in the Gulf of Mexico until January 1,
2015, and that there is no need for this rulemaking to regulate current
long-standing lightering operations being conducted elsewhere in the
Gulf of Mexico.
The Texas GLO stated that the proposed weather, operational, and
work hour limitations should apply to all vessels engaged in lightering
activities regardless of their location. The GLO also suggested that
lightering should be prohibited in all areas, except for the proposed
designated lightering zones, and that designation of lightering zones
would minimize the area which must be patrolled and inspected for
compliance with the Coast Guard's rule. It added that the ability to
plan for responses to offshore spills would be greatly enhanced by
allowing lightering only in specific areas, asserting that failure to
contain and remove oil from the offshore environment often results in
substantial impact to Texas shores. The GLO cited the recent spill from
the BERGE BANKER\1\ as an example of such impact, noting that most of
the fuel oil sank and that large tar mats and tar balls washed ashore
in Texas weeks after the spill, threatening recreational use of the
beaches.
\1\The collision between two Norwegian tankers, the BERGE BANKER
and the SKAUBAY, which were maneuvering in preparation for
lightering, occurred on February 5, 1995. The vessels collided in
the vicinity of the Offshore Galveston No. 2 transshipment area, 45
miles off the Texas coast. This incident constitutes the first
transit casualty related to offshore lightering, and, although no
cargo oil was spilled, nearly 900 barrels of heavy fuel oil spilled
into the Gulf, creating an oil sheen 3 miles long. This collision is
still under investigation.
The Coast Guard was the Federal On-Scene Coordinator for this
spill cleanup both offshore and later on shore when beach impact
occurred. The offshore cleanup of this spill was limited in its
effectiveness due to two related factors: the type of oil spilled, a
heavy bunker fuel oil, and the sea and weather conditions at the
time. Although two oil spill recovery vessels were used for a period
of 3 days, less than 5 barrels of oil was recovered. Due to
subsequent winds and currents, the weathered oil washed ashore 12
days later on Matagorda Island, predominantly in the form of tar
mats and balls.
The Coast Guard has decided to limit this rulemaking to designating
lightering zones and prescribing some restrictions on lightering
activities within the zones to implement the exceptions in OPA 90 to
the double hull standards. The rule does not affect existing
regulations concerning the response to and recovery of spilled oil.
Other than the prohibited areas designated in Sec. 156.310, the Coast
Guard is not restricting lightering activities elsewhere in the Gulf of
Mexico at this time, but it may do so in the future if circumstances
change. The final rule contains a new paragraph in Sec. 156.330 that
governs vessels maneuvering in preparation for mooring alongside. Like
the other operational restrictions in the final rule, it applies only
in the lightering zones and is intended to prevent the occurrence of
oil spills associated with that aspect of lightering activities in the
zones.
One comment from National Oceanic and Atmospheric Administration
(NOAA) suggested moving the northernmost boundary of the Southtex
lightering zone 15 nautical miles to the south. This suggestion was
based upon spill trajectory data concerning the Flower Gardens
Sanctuary, which NOAA had obtained from the MMS. The suggested boundary
change would keep the zone outside a 10 percent contact probability
area over a 3-day period during the spring and summer seasons.
The Coast Guard has reviewed this trajectory information and has
decided to retain the boundaries of the Southtex lightering zone as
proposed in the NPRM. Accommodating the requested 3-day/10-percent
seasonal contact probability would remove from the zone some of the
area closer to shore where most users in this zone would operate. There
are already numerous oil and gas production platforms within an 8
nautical mile range of the sanctuary. Additionally, the main east-west
shipping fairway extends through the Flower Garden prohibited area
between the marine sanctuary and the northern edge of the Southtex
lightering zone. The Coast Guard believes that providing an 8 nautical
mile distance from the northernmost boundary of the Southtex zone
affords an adequate range of protection to the sanctuary against
surface spillage. In the event of an oil spill originating at or near
the water surface, the toxic effects of the soluble and lighter
aromatic components of crude oil (C-12 [crude oil with 12 carbon
molecules] or less) can reasonably be expected to be minimal after 24
hours of exposure to air, surface wave action, and the relatively warm
climatic conditions of the Gulf. As indicated in a 1987 MMS study,
small surface spills are unlikely to have any significant impact on the
health of Flower Garden Banks corals. Oil from surface spills, driven
into the water column to depths of 10 meters (33 feet), is found only
at concentrations several
[[Page 45010]]
orders of magnitude lower that those shown to have an effect on corals.
Oil released in surface spills and driven 15 meters (50 feet) deep to
the shallowest point on the Flower Garden Banks would be in such low
concentrations that, according to the study, it would have no
significant impact on these reefs.
Section 156.111 Incorporation by Reference
Five comments addressed this section of the NPRM. One comment
agreed with the inclusion of documents mentioned in this section. A
letter from the Oil Companies International Marine Forum (OCIMF)
provided an updated address for their organization as well as for the
International Chamber of Shipping (ICS). These two organizations are
the co-authors of the Ship to Ship Transfer Guide (Petroleum). This
section has been amended to reflect these new addresses.
Three of the comments suggested additional materials be included in
this section. One comment suggested incorporating by reference the
``Limitation/Obstruction Markings'' discussion in the American
Petroleum Institute publication, API Recommended Practice for Planning,
Designing, and Construction of Heliports for Fixed Offshore Platforms
in Sec. 156.330, arguing that such guidelines should be included
because markings benefit landing safety on shipboard helodecks. This
same comment suggested making the International Chamber of Shipping
(ICS) Guide to Helicopter/Ship Operations, Third Edition (1989), a
recommended rather than mandated reference for operations in these
lightering zones. Two comments suggested incorporation of two
additional standards in Sec. 156.330: the ITOL Guidelines for Offshore
Lightering (1994), and the Rubber Manufacturers Association
Specifications for Rubber Hose for Oil Suction and Discharge
Specification (1991).
Comments from the Texas General Land Office (GLO), although
generally supporting the rulemaking, stated that the goals of the
rulemaking could be better served by requiring that the practices in
the Oil Companies International Marine Forum (OCIMF) Ship to Ship
Transfer Guide (Petroleum), Second Edition, 1988, and in the
International Chamber of Shipping Guide to Helicopter/Ship Operations,
Third Edition, 1989, apply to all lightering in the Gulf of Mexico.
Industry comments at the public meeting in New Orleans encouraged
the Coast Guard to incorporate by reference industry standards and
operating practices wherever possible as this is the most cost-
effective and non-redundant method of establishing effective practical
standards. The industry representative noted that the ITOL Operating
Guidelines were developed specifically to address the conditions faced
by lighterers in the Gulf of Mexico and that it would be appropriate
that these guidelines be incorporated by reference into Sec. 156.330 of
the final regulations. He added that along these same lines, while the
ICS helicopter guide is an excellent reference, there are some sections
in the guide for which local conditions dictate a somewhat different
approach to lightering operations and that the local helicopter
guidelines should be incorporated by reference in Sec. 156.330 in the
regulations. Another comment from Gulf Coast helicopter operators also
urged that conformity with the ICS helicopter guide not be required,
citing the same reasons articulated by the industry representative.
The Coast Guard has reviewed both the OCIMF Guide and ICS Guide in
light of these comments. The Coast Guard's position is that the
authority and responsibility for the safety of a vessel, its crew, and
its cargo rests with the master of that vessel. Consequently, since the
practices and considerations presented in the OCIMF Guide, and the ICS
Guide, are generally procedural recommendations, the Coast Guard is not
making them mandatory in the lightering zones designated by this final
rule. Rather, they should be implemented to the maximum extent
practicable for vessels conducting lightering operations in these
zones. The recommended procedures and checkoff sheets in these guides,
along with the operational restrictions specified in this rulemaking,
provide for safe lightering practices while still providing the masters
of the respective vessels sufficient latitude to exercise their
responsibility for safe navigation and cargo operations. This allows
flexibility, for instance, in the use of peculiar fendering
arrangements based upon the general arrangement of the vessels involved
and the lighterers' preference based upon experience.
The Coast Guard is not incorporating by reference the ITOL
Guidelines for Offshore Lightering (1994). However, several pertinent
provisions of the ITOL Guidelines are reflected in Sec. 156.330 of this
final rule. Additionally, the Coast Guard agrees that the flow rates
used with certain cargo oil transfer hoses should be left up to the
lighterers' discretion based on the pumps and piping systems of the
vessels involved. The Coast Guard notes that hoses which comply with
the Rubber Manufacturers Association Specifications for Rubber Hose for
Oil Suction and Discharge Specification (1991) would satisfy the
requirements of 33 CFR 155.800. However, incorporation of a hose
standard that would affect vessels other than those in the designated
lightering zones is beyond the scope of this rulemaking.
Since the OCIMF Guide is not mandatory, the requirement for a radio
voice warning in Sec. 156.330(c) has been revised to require certain
information identified in section 5.6 of the OCIMF Guide. This specific
information includes:
--The names of the vessels involved;
--The vessels' geographical positions and general headings;
--A description of the operations;
--The expected time of commencement and duration of the operation; and
--Request for wide berth.
Section 156.205 Definitions
Three comments addressed this section. One comment stated that the
definition of lightering at 33 CFR 156.205(b) should clearly state that
oil spill response vessels (OSRVs), including barges, conducting ship
to ship transfers as part of oil spill response operations are exempt
from lightering regulations. This comment claimed that compliance with
the proposed regulations might interfere with response activities. The
Coast Guard agrees that operations related to the transfer of recovered
oil from OSRVs were not intended to fall within the scope of the OCIMF
Ship to Ship Transfer Guide (Petroleum).
Additionally, the equipment, arrangement, and construction
requirements for OSRVs are specifically addressed by other Coast Guard
requirements. Lightering conducted as a shipboard spill mitigation
procedure under a spill response plan approved under subpart D of 33
CFR part 155 already incorporates the use of the OCIMF Guide transfer
procedures. Consequently, the Coast Guard agrees that the lightering
regulations in subpart B of 33 CFR part 156 should not apply to OSRVs
or to vessels of opportunity in accordance with the National
Contingency Plan (40 CFR parts 9 and 300) when transferring oil during
oil spill response activities. In lieu of the requested revision to
Sec. 156.205, the Coast Guard is revising the applicability section for
subpart B, Sec. 156.200, to exclude such activity by these vessels from
the requirements of this subpart.
[[Page 45011]]
Section 156.210 General
Four comments were received in response to this section of the
NPRM. Two comments supported the proposed work hour limitations, while
another comment argued that the limitations should conform to the
stricter requirements proposed under the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978 (STCW Convention). Taking unilateral action to impose the proposed
STCW standards would be inappropriate. The Coast Guard will not
initiate a rulemaking on these requirements until the provisions of the
STCW Convention are finalized and adopted by the United States.
The fourth comment requested clarification as to whether the
proposed work hour limitations would apply to laden service vessels
actually located in designated lightering zones but not engaged in
cargo transfer activities or to service vessels located in designated
lightering zones but not carrying cargo. Industry generally supported
the application of work hour and rest period restrictions to lightering
operations, but recommended that the applicability of this requirement
be clarified in the final rule.
The Coast Guard has clarified this section in the final rule,
specifying the activity and the time period involved. When in the
designated zones, the crews of both the tank vessels to be lightered
and the crews of the service vessels are subject to the work hour
limitations throughout the duration of lightering operations, as
defined in 33 CFR 156.205(b). For these licensed individuals and seamen
to start work during lightering operations in a lightering zone, their
work hours during the last 24 and 72 hours prior to the commencement of
the lightering operation must be considered, and the individual must be
in compliance with this section. This section has been revised to
clarify these applications.
Section 156.310 Prohibited Areas
Four comments addressed this section. One comment argued that the
proposed prohibited areas were too extensive. Three comments suggested
that only vessels lightering at anchor should be barred from these
areas and not all lightering operations.
At the public meeting in Metairie, the industry representative
commented that it appeared that the prohibited areas would apply to all
lightering operations, not just those conducted by new or phased out
single hull tankers. Industry perceived that the Coast Guard's concern
with lightering in these areas comes principally from the potential for
seabed damage associated with anchoring, and stated that vessels
currently lightering in the proposed prohibited areas do not anchor in
these areas. However, lightering vessels do drift through these areas
if that is where the prevailing winds and currents take them. Industry
urged the Coast Guard to allow this practice to continue.
The Coast Guard disagrees. This rule does not prohibit anchoring
over or in the vicinity of the prohibited areas. This rulemaking
addresses lightering activities and only prohibits these operations.
While the Coast Guard acknowledges the detrimental effect anchoring may
have in these areas, this rulemaking will prevent anchoring in the
prohibited areas only to the extent that such anchoring would have
occurred for the purposes of lightering.
The definition of lightering in Sec. 156.205(b) includes all phases
of the operation from the beginning of the mooring operation to the
departure of the service vessel from the vessel to be lightered. Two
catastrophic events which could occur during offshore lightering
activities are transit casualties, such as collisions, and intrinsic
casualties, such as pump room explosions. Prohibiting lightering
activities over biologically active areas will help to prevent a worst
case scenario of one or more vessels engaged in lightering operations
sinking in these areas while laden with a large quantity of oil. Such
an occurrence would be a significant environmental hazard in the most
ecologically sensitive offshore regions of the Gulf of Mexico. Figure 1
is a pictorial representation of the lightering zones and prohibited
areas.
BILLING CODE 4910-14-P
[[Page 45012]]
[GRAPHIC][TIFF OMITTED]TR29AU95.001
BILLING CODE 4910-14-C
[[Page 45013]]
Section 156.320 Minimum Operating Conditions
Six comments were received on this section. Three comments
supported the proposed prohibition on beginning lightering when there
are 30 knot winds and 10 foot seas in the same direction, but
recommended that the operating criteria prohibiting mooring when wind
and sea direction vary by 30 degrees be removed because the effects of
these factors could not be accurately predicted. Three comments opposed
the unmooring requirements, stating that it may be safer to remain
moored during some severe weather conditions. One of these comments
also noted that this section did not address the situation when the
current is counter to the wind, stating that such a condition may make
ship to ship transfer impossible even though the speed of the wind may
only measure a few knots.
Industry comments questioned the Coast Guard's determination of the
weather parameters set in Sec. 156.320. They stated that the proposed
conditions exceed those contained in the operating manuals of different
lightering companies. This comment stated that Sec. 156.320 should be
revised to either eliminate the requirement to unmoor or to increase
the proposed operating criteria, noting that it may be dangerous for
some vessels to unmoor in the weather conditions proposed and that,
except for the most severe weather conditions, it often may be safer to
stay moored until the weather abates. They stated that ultimately it
should be the decision of the masters of the service vessel and the
vessel to be lightered to remain moored or to unmoor, based upon their
evaluation of the weather conditions in the operating area and the
handling characteristics of their vessels. Industry added that if the
Coast Guard is convinced that maximum criteria are necessary, then it
should be absolutely certain that it is not asking ships' masters to
perform maneuvers that may endanger crew and cargo.
Comments from industry and those from the OCIMF, ICS, and
INTERTANKO stated that the lightering provisions regarding hurricanes
were too restrictive. They argued that lightering operations can be
discontinued quickly, lightering vessels can be disconnected quickly,
and lightering personnel should be responsible for monitoring reports
from the National Weather Service to determine if lightering operations
should proceed.
The Coast Guard has reviewed the provisions of several lightering
manuals regarding weather restrictions and the Coast Guard agrees that
the decision to unmoor should rest with the masters of the respective
vessels. Factors such as stability and structural limitations must be
considered in tank vessel loading and ballasting operations.
Consequently, to mandate an unmooring criteria for all vessels based
solely on factors external to the vessel, such as weather and sea state
conditions, would not be prudent. The Coast Guard also agrees that
simplifying the weather conditions to consideration of only wind
velocity and wave height adequately addresses the weather and sea state
conditions which are significant to lightering and are parameters which
can be more definitively observed by mariners. Additionally, the Coast
Guard has determined that stipulating the maximum criteria under which
cargo transfers may be safely conducted is a better approach for
environmental and occupational safety reasons. The Coast Guard also
agrees that lightering vessels can disconnect relatively quickly and
unmoor. Having a maximum wave height and wind speed criteria makes it
unnecessary to specifically address hurricane evasion. As previously
stated, the master of a vessel is ultimately responsible for the safety
of the ship, its crew, and its cargo. Therefore, Sec. 156.320 has been
renamed as ``Maximum operating conditions'' and has been revised to
remove the proposed restrictions of lightering operations based on
relative wind and wave directions and on swell heights, to remove the
proposed hurricane restrictions, and to specify a maximum wind velocity
and wave height for cargo transfers. Nothing prohibits terminating
lightering operations under less severe conditions, and the Coast Guard
encourages the development of conservative company policies in this
regard.
Section 156.330 Operational Restrictions
Several comments responded to this section of the NPRM. Two comment
writers noted that the definition of ``bunkering'' was excluded. Two
other commenters also addressed the issue of bunkering. Comments from
industry cautioned the Coast Guard against using the rulemaking as a
basis for limiting other operations, such as bunkering, which can
safely occur during lightering operations, and that any interpretation
of the rulemaking which could ban bunkering operations would be
unnecessary and unwarranted. The Texas GLO pointed out that the
explosion and resultant spill from the tankship FLORIDA EXPRESS in the
Gulf of Mexico on February 27, 1995, indicates the need for expanding
the scope of the rulemaking to include bunkering activities. It argued
that the difference in the threat of an oil spill from bunkering and
from lightering is really not distinguishable and that both should be
subject to weather, operation, and work hour limitations. It suggested
that the Coast Guard propose a rule in the near future to correct this.
Bunkering a large (VLCC or ULCC) crude carrier from another
tankship in the offshore environment is not categorized as lightering
under current regulations. The definition of lightering in 33 CFR
156.205(b) specifically excludes cargo which is intended only for use
as a fuel or lubricant aboard the receiving vessel. The FLORIDA EXPRESS
incident is still under investigation, but it is noted that the vessel
was not involved in bunkering when the incident occurred. Should a
safety issue be identified by the investigation, the Coast Guard may
consider regulations specifically for ship to ship bunkering in the
future. One primary safety concern when bunkering while also conducting
cargo transfer operations is in providing adequate personnel for both
operations. Under Coast Guard regulations, tankships are not prohibited
from bunkering while also transferring cargo. It would be inconsistent
to restrict this activity in offshore lightering zones while allowing
its occurrence elsewhere in the Gulf of Mexico and on the inland waters
of coastal ports which are in areas much more likely to be affected by
oil spills. Paragraph (g) in Sec. 156.330 has been revised to more
clearly state that bunkering is not within the definition of
lightering.
Five comments at the public meeting recommended that the proposed
operational restrictions in paragraphs (h) and (i) of Sec. 156.330,
which refer to minimum distances to offshore structures and mobile
offshore drilling units (MODUs), be consistent. They noted that the
proposed Sec. 156.330(i) requires that lightering operations not be
conducted while underway within 3 miles of an offshore structure or
MODU, while Sec. 156.330(h) allows lightering operations to be
conducted while anchored up to 1 mile from an offshore structure or
MODU. They stated that vessels lightering underway maintain a
navigation watch and can maneuver, and that there is no compromise to
safety by allowing both anchored lightering vessels and vessels
lightering underway to operate subject to the 1-mile restriction. They
stated that a 1-mile buffer provides adequate protection under present
operating
[[Page 45014]]
conditions and should be permitted to continue.
The Coast Guard has considered these comments and agrees that the
requirement of Sec. 156.330(i) prohibiting underway lightering
operations within 3 nautical miles of an offshore structure or MODU is
inconsistent with the 1-mile range given in Sec. 156.330(h) for
lightering at anchor. The definition for lightering operations in
Sec. 156.205(b) includes both drifting and transiting under power while
moored alongside. The Coast Guard agrees that the current practice of
using 1 nautical mile clearance from offshore structures and MODUs when
involved in lightering as defined under Sec. 156.205(b) has provided an
adequate margin of safety in the past and agrees that there is
insufficient justification to further expand this range. The Coast
Guard also acknowledges that, when moored alongside, these vessels
typically advance at speeds of less than 4 knots and can adequately
maneuver around stationary objects such as production platforms.
Therefore, Sec. 156.330(i) has been modified to reflect a 1 nautical
mile range for all modes of lightering.
MMS generally supported the provisions of this section, but
suggested that it also address pipelines because anchors could rupture
a pipeline when the vessels are setting the anchor or dragging the
anchor during rough weather. MMS also indicated that the largest spills
in the Gulf of Mexico have been from pipelines that were ruptured by
anchors.
With reference to pipeline safety, the Coast Guard notes that,
since 1992, offshore pipelines have been required to be surveyed
annually and reports submitted to the Research and Special Programs
Administration (RSPA) by the pipeline operators (49 CFR 195.413). Under
current regulations (49 CFR part 190), an offshore pipeline is
considered a hazard to navigation only when the top of the pipeline is
closer than 12 inches to the seabed in waters less than 15 feet deep.
Regardless of whether a pipeline is officially considered a hazard to
navigation, the Coast Guard agrees that mariners should not anchor over
such structures when their location is known. In order to avoid
pipeline damage when anchoring in designated lightering zones, the
mariner must rely on charts depicting pipeline locations. Therefore,
Sec. 156.330(j) has been revised to provide that, during lightering
operations, vessels may not anchor over charted pipelines, artificial
reefs, or historical resources.
Additionally, the Norwegian Maritime Administration provided to the
Coast Guard preliminary statements which were taken during the
investigation of the BERGE BANKER and SKAUBAY collision. These
statements indicate that the BERGE BANKER, the vessel to be lightered,
and the SKAUBAY, the service vessel, were on nearly reciprocal courses
when the collision occurred. Normal practice in the industry is for the
vessel to be lightered to maintain a constant heading during the
approach by the service ship immediately prior to mooring alongside.
The service vessel approaches from astern, generally broad on the
quarter, which means that the service ship is aft of the vessel to be
lightered on a heading within 45 degrees to port, or 45 degrees to
starboard, of the course maintained by the vessel to be lightered. This
industry practice is recognized in the Oil Companies International
Marine Forum (OCIMF) Ship to Ship Transfer Guide (Petroleum), Second
Edition, 1988, as the best approach when preparing to moor alongside.
In order to reduce the risk of a similar collision, paragraph (k) has
been added to Sec. 156.330 in the final rule mandating this approach
and requiring a minimum safe distance of 1000 meters between the two
vessels prior to the service vessel being positioned broad on the
quarter of the ship to be lightered. The Coast Guard has renamed this
section in the final rule as ``Operations''.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 156.111 for incorporation by reference under 5 U.S.C. 552 and 1
CFR part 51. The material is available as indicated in that section.
Assessment
A draft Regulatory Assessment was prepared in support of the NPRM
for the designation of lightering zones, which was published in the
Federal Register on January 5, 1995 (60 FR 1958). An Addendum to that
Assessment has been prepared to update statistical data and other
information since the publication of the NPRM.
The Addendum indicates that changes which have occurred since the
publication of the NPRM do not materially alter the findings and
conclusions of the draft Regulatory Assessment which, as amended, are
adopted as the findings and conclusions of the Final Regulatory
Assessment.
This Final Regulatory Assessment was prepared in accordance with
Executive Order 12866. Under the criteria of Executive Order 12866, the
designation of lightering zones in the Gulf of Mexico is not a
significant regulatory action and will not have a significant economic
impact on the maritime industry. However, this rulemaking is
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11040; February 26, 1979) and has
been reviewed by the Office of Management and Budget (OMB). The
Regulatory Assessment is available in the docket for inspection or
copying where indicated under ADDRESSES.
Small Entities
Adoption of this final rule will avert adverse small entity impacts
and preserve the current revenues derived by small entities from tanker
lightering in the Gulf of Mexico, and the adverse impact of this final
rule on small business is expected to be minimal. Therefore, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule contains no new collection-of-information requirements or
additions to currently approved information collections under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The sections in this
rule that contain collection-of-information requirements are
Secs. 156.110 and 156.215 which are approved under OMB Control Numbers
2115-0096 and 2115-0539 respectively.
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that preparation of an Environmental Impact Statement is
not necessary. An Environmental Assessment and a Finding of No
Significant Impact are available in the docket for inspection or
copying as indicated under ADDRESSES.
The Environmental Assessment considered, among other things, the
factors set out in 33 CFR 156.230: traditional use of the area for
lightering; weather and sea conditions; water depth; proximity to
shipping lanes, vessel traffic schemes, anchorages, fixed structures,
designated marine sanctuaries, fishing areas, and designated units of
the National Park
[[Page 45015]]
System, National Wild and Scenic Rivers System, National Wilderness
Preservation System, properties included on the National Register of
Historic Places and National Registry of Natural Landmarks, and
National Wildlife Refuge System; and other relevant safety,
environmental, and economic data. The Coast Guard also specifically
looked at wildlife and marine habitats and topographic features in the
proposed lightering zones.
The topographic features of the Gulf of Mexico considered during
this rulemaking include areas on the offshore banks where reef-building
activity occurs. These reefs support diverse communities of marine
plant and animal species in large numbers. The following areas are of
particular concern: the East and West Flower Gardens, 32 Fathom Bank,
Coffee Lump, Claypile Bank, Stetson Bank, Hospital Bank, North Hospital
Bank, Sackett Bank, Diaphus Bank, Fishnet Bank, and Sweet Bank. These
areas are charted and are considered sensitive ecosystems. These areas
are particularly vulnerable to damage from anchoring and, to a lesser
extent, from oil spills. While oil spills on the surface of these areas
are not expected to have a significant effect on the biota of concern,
the Coast Guard is establishing three ``prohibited areas'' where
lightering will not be permitted. Establishment of ``prohibited areas''
over these features will further ensure protection of these vital
ecosystems. Operational restrictions for designated lightering zones
would also reduce the likelihood of spillage from the tank vessels
utilizing these zones. Although the likelihood is remote, the Coast
Guard is also concerned with catastrophic casualties which could result
in the sinking of a tanker. The potential sinking of a very large or
ultra large crude carrier as a result of a collision or intrinsic
casualty, with millions of barrels of oil on board or as cargo, could
pose a serious long term environmental hazard to these ecosystems.
The Endangered Species Act of 1973 (16 U.S.C. 1531 through 1543),
as amended, seeks to protect endangered and threatened species and the
ecosystems on which they depend. The Act is administered by the Fish
and Wildlife Service (FWS) and the National Marine Fisheries Service
(NMFS). Several protected marine species (e.g., Right whales, Kemp's
Ridley sea turtles, and hawksbill turtles) are located throughout the
Gulf region.
The Coast Guard consulted with the regional NMFS office in St.
Petersburg, Florida, and the FWS regional offices in Alberquerque, New
Mexico, and Atlanta, Georgia, regarding the effect of the proposed
regulations on endangered and threatened species as well as on
sensitive environmental areas such as wildlife refuges. Both the NMFS
and FWS have issued a written concurrence with the Coast Guard's
finding that the proposed rule, including the designation of the South
Sabine Point lightering zone discussed in the preamble of the NPRM,
will not have an adverse effect on endangered or threatened species.
``Historic property'' or ``historic resources'' are defined under
the National Historic Preservation Act (16 U.S.C. 470w) as prehistoric
or historic sites, buildings, structures, or objects. This definition
includes shipwrecks registered with the National Register of Historic
Places. There are no known historical properties or resources in the
lightering zones.
Military warning areas are located throughout the Gulf of Mexico
and are clearly demarcated. The coordinates of the designated
lightering zones will overlap Eglin Water Test Areas One and Three
(EWTA 1, EWTA 3), and Military Warning Areas 92, 228, and 602 (W-92, W-
228, W-602). Military operations are undertaken in each of these zones
and have been considered in this rulemaking. Lightering operations have
been conducted throughout the Gulf of Mexico for many years, often
within these designated military zones. Lightering industry
spokespersons report that they have never been asked by a military
department to divert operations due to military exercises.
Announcements for most military exercises are published in notices to
mariners. The Department of Defense commands responsible for these
warning areas were advised of the proposed rulemaking and have
expressed no opposition to the establishment of these lightering zones.
The Coast Guard does not expect the missions of these military warning
areas to be adversely impacted by this rulemaking.
The Coast Guard has considered the implications of the Coastal Zone
Management Act (16 U.S.C. 1451, et seq.) with regard to this
rulemaking. Under this Act, the Coast Guard must determine whether the
activities proposed by it are consistent with activities covered by a
federally approved coastal zone management plan for each state which
may be affected by this federal action. The States of Louisiana,
Mississippi, Florida, and Alabama have federally approved coastal zone
management plans. The Governor of the State of Texas has withdrawn its
submission of the proposed Texas Coastal Management Plan to NOAA.
The Coast Guard has determined that the designation of lightering
zones, as provided in this rulemaking, will have no effect on the
coastal zones of Mississippi, Alabama, or Florida. Designation of the
lightering zones has the potential of an indirect effect on the coastal
zones of Louisiana and Texas.
The approved plan for Louisiana regulates a number of listed uses
which ``directly and substantially affect coastal waters and which are
in need of coastal management, and which have impacts of greater than
local significance or which significantly affect interests of regional,
state, or national concerns.'' (La. Rev. Stat. 49:213.5(A)(1)).
Louisiana has not listed the designation of offshore lightering zones
as an activity subject to state review, and research and review of
environmental effects indicate only a slight chance that these
regulations would indirectly affect the coastal zone of Louisiana.
The Coast Guard consulted with the State of Louisiana after it had
an opportunity to review the NPRM, Environmental Assessment, and draft
Regulatory Assessment. The Administrator of the State Coast Management
Division for Louisiana responded by a letter in which the Administrator
stated that this rulemaking may affect the Louisiana coastal zone and
requested that the Coast Guard make a consistency determination. The
Coast Guard found that the regulations in the NPRM were consistent, to
the maximum extent practicable, with the enforceable policies of the
federally approved coastal zone management plan and submitted a
consistency determination to that effect. The State Administrator
responded, concurring with the Coast Guard consistency determination
that establishing lightering zones would be consistent with the
Louisiana Coastal Resource Program.
Also, during the preparation of this assessment, the Coast Guard
informally contacted the Environmental Section of the Texas GLO's Legal
Services Division, providing the NPRM, Environmental Assessment, and
draft Regulatory Assessment for review. The State had recently approved
a Coastal Management Plan and had submitted the Plan for federal
approval. The Oil Spill Prevention and Response Division of the Texas
GLO responded, informing the Coast Guard that it supports the Coast
Guard's plan to establish four lightering zones and that the Governor
of Texas has withdrawn the submission of the Texas Coastal Management
Plan
[[Page 45016]]
to NOAA. It presently is unclear whether Texas will participate in the
federal coastal zone management program. The Coast Guard's research and
review of environmental effects indicate only a low probability that
these regulations would indirectly affect the coastal zone of Texas.
Five comments specifically addressed items in the Environmental
Assessment. The Fish and Wildlife Service concurred that the South
Sabine Point and Southtex lightering zones are not likely to have a
negative impact on marine species (sea turtles and coastal birds that
use the Texas coastline) for which it is responsible. Another comment
argued that the Environmental Assessment and the text of the NPRM do
not substantiate the need for the proposed extensive prohibited areas.
Two comments agreed with the Environmental Assessment's discussion of
the dangers of anchoring. However, these comments also stated that
section 5.5 of the Environmental Assessment, ``Endangered and
Threatened Species'', needs clarification. The comments contend that
this section indicates that there is an extremely low probability that
spillage would contact an environmental resource, yet upon reviewing
the Environmental Assessment, the commenter reasons that spills making
land impact would cross over the prohibited areas. For clarification,
the reference to contact with environmental resources used in the
Environmental Assessment has been revised to specify land-based
environmental resources in that particular section.
A fifth comment stated that the Environmental Assessment appeared
to be based on crude oil demand and imports remaining constant.
Instead, the Environmental Assessment should assume at least a 4
percent per annum increase in crude oil imports with a concomitant
increase in transfer by lightering.
The Environmental Assessment for this rulemaking addressed the
environmental considerations required under National Environmental
Policy Act (NEPA). The Environmental Assessment discussed the
environmental effects of creating these lightering zones versus taking
a no action alternative and not designating these lightering zones. The
Environmental Assessment also states that this rulemaking alone is not
expected to significantly effect the volume of oil lightered. The
Environmental Assessment supports a Finding of No Significant Impact
and shows that, by establishing these lightering zones, there exists a
possibility that a portion of current and future lightering activity
could be conducted at locations further offshore that pose less of an
environmental threat than would otherwise occur.
Also, the Final Regulatory Assessment for this rulemaking
considered 1994 waterborne oil import data. This data reflected an
increase in U.S. oil imports from 6.8 million barrels per day (BPD) in
1993 to 7.0 million BPD in 1994. Yet, in contrast to this 0.2 million
BPD increase in importation, offshore lightering's share of imports by
water in the Gulf of Mexico declined from 32.0 percent in 1993 to 28.5
percent in 1994. In terms of volume, this corresponded to a decrease
from 1.48 million BPD to 1.30 million BPD in 1994. This decline in
demand for lightering was due to shifts from Arabian Gulf and West
African supplies to closer Caribbean supplies. These closer supplies
are generally transported in smaller tankers which are able to make
direct deliveries, negating the need for lightering. The Regulatory
Assessment shows that the small shifts in sources of origin which
occurred in 1994 entailed a significant reduction in the distance
transported, and consequently, the type of tanker used for its
conveyance. This one example of cause and effect illustrates that the
demand for offshore lightering is driven by many market factors which
are unrelated to this rulemaking.
Clean Air Act
As stated in the NPRM, volatile organic compound (VOC) air
emissions result from the operation of ship engines and from oil
transfers, such as the lightering of oil from one vessel to another.
Also, nitrogen oxides (NOX) are produced by ship engines. Both VOC and
NOX are precursors of the National Ambient Air Quality Standards'
(NAAQS) criteria pollutant ozone. However, since this rulemaking is not
expected to materially affect the frequency or volume of oil currently
transferred in the Gulf of Mexico, the designation of lightering zones
should not lead to a net increase in air emissions.
The NPRM also noted that the NAAQS, promulgated by the
Environmental Protection Agency (EPA) pursuant to the Clean Air Act
(CAA) (42 U.S.C. 7401 et seq.), provide benchmarks against which air
quality is gauged. Those areas within a state's borders which do not
attain the NAAQS (nonattainment areas) are subject to controls aimed at
improving the air quality. Federal agencies taking actions in
nonattainment or maintenance areas which would result in air emissions
must make determinations of conformity with the applicable controls,
usually a State Implementation Plan (SIP), before acting. However, the
lightering zones created by this rule are well outside the boundaries
of the coastal states (more than 60 nautical miles from the baseline
for the territorial sea) and, therefore, are outside any nonattainment
or maintenance areas. Thus, by the terms of 40 CFR part 51, the
conformity rule is not applicable to this rulemaking.
The Breton Wilderness Area is 112 nautical miles north of the
Gulfmex No. 2 lightering zone and 67 nautical miles northwest of the
Offshore Pascagoula No. 2 lightering zone. Between the two lightering
zones and the Breton Wilderness Area are two transshipment areas
(TSAs). Offshore Pascagoula TSA (39 nautical miles south of Mobile
Point, Alabama) is located midway between the Breton Wilderness Area
and the Offshore Pascagoula No. 2 lightering zone. Gulfmex No. 1 TSA
(105 nautical miles south of Breton Wilderness Area) is located 7
nautical miles northeast of the Gulfmex No. 2 lightering zone. Both of
these TSAs are sites of ongoing lightering operations.
Lightering is a traditional, well-established activity which occurs
in a variety of near shore areas in the Gulf of Mexico. This rulemaking
is not expected to materially affect the frequency or volume of oil
transferred in the Gulf of Mexico. Thus, the designated lightering
zones will not lead to a net increase in emissions. Moreover, to the
extent that these lightering zones are used for oil transfer
operations, it is expected that the practical effects of this
rulemaking will be to facilitate transfers farther offshore than would
otherwise occur. Since transfer operations are not practical nor
economical outside 200 nautical miles, tankers limited to using these
lightering zones would be expected to effectively reduce the lightering
activity that would otherwise occur at the closer near shore areas
currently used for lightering.
The Coast Guard considered the FWS comments regarding air quality
and, for the reasons noted above, has concluded that the impact of
these regulations, if any, will be to increase, on average, the
separation between the location of lightering transfers and the Brenton
Wilderness Area.
The Coast Guard also notes that its authority does not include the
regulation of vessel air emissions for the purposes of improving air
quality. Furthermore, in its NPRM proposing Federal Standards for
Marine Tank Vessel Loading and Unloading (59 FR 25004, May 13, 1994),
EPA stated that those proposed regulations would not
[[Page 45017]]
apply to offshore lightering but that EPA might consider addressing
offshore lightering operations as a separate source category in the
future.
As discussed in the Environmental Assessment, this rulemaking is
expected to have no significant effect on any State's attainment of air
quality standards.
List of Subjects in 33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 156 as follows:
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
1. The authority citation for part 156 is revised to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C.
3703a. Subparts B and C are also issued under 46 U.S.C. 3715.
2. In Sec. 156.110, the introductory text of paragraph (a) is
revised to read as follows:
Sec. 156.110 Exemptions.
(a) The Chief, Office of Marine Safety, Security and Environmental
Protection, acting for the Commandant, may grant an exemption or
partial exemption from compliance with any requirement in this part,
and the District Commander may grant an exemption or partial exemption
from compliance with any operating condition or requirement in subpart
C of this part, if:
* * * * *
3. Section 156.111 is added to read as follows:
Sec. 156.111 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of the change in the Federal Register; and the material
must be available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard,
Marine Environmental Protection Division (G-MEP), room 2100, 2100
Second Street, SW, Washington, DC 20593-0001 and is available from the
sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
Oil Companies International Marine Forum (OCIMF)
15th Floor, 96 Victoria Street, London SW1E 5JW, England.
Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988--
156.330.
International Chamber of Shipping
12 Carthusian Street, London EC1M 6EB, England.
Guide to Helicopter/Ship Operations, Third Edition, 1989--
156.330.
4. Section 156.200 is revised to read as follows:
Sec. 156.200 Applicability.
This subpart applies to each vessel to be lightered and each
service vessel engaged in a lightering operation in the marine
environment beyond the baseline from which the territorial sea is
measured when the oil or hazardous material lightered is destined for a
port or place subject to the jurisdiction of the U.S. This subpart does
not apply to lightering operations involving public vessels, or to the
dedicated response vessels and vessels of opportunity in accordance
with the National Contingency Plan (40 CFR parts 9 and 300) when
conducting response activities. These rules are in addition to the
rules of subpart A of this part, as well as the rules in the applicable
sections of parts 151, 153, 155, 156, and 157 of this chapter.
5. In Sec. 156.205, paragraph (a) and the introductory text to
paragraph (b) are revised, and the definition of ``work'' is added in
alphabetical order to read as follows:
Sec. 156.205 Definitions.
(a) In addition to the terms defined in this section, the
definitions in Sec. 154.105 of this chapter apply to this subpart and
to subpart C.
(b) As used in this subpart and subpart C:
* * * * *
Work includes any administrative duties associated with the vessel
whether performed on board the vessel or onshore.
6. In Sec. 156.210, paragraph (d) is added to read as follows:
Sec. 156.210 General.
* * * * *
(d) On vessels conducting lightering operations in a designated
lightering zone, a licensed individual or seaman may not work, except
in an emergency or a drill, more than 15 hours in any 24-hour period,
or more than 36 hours in any 72-hour period, including the 24-hour and
72-hour periods prior to commencing lightering operations.
7. In Sec. 156.215, paragraph (d) is added to read as follows:
Sec. 156.215 Pre-arrival notices.
* * * * *
(d) In addition to the other requirements in this section, the
master, owner, or agent of a vessel that requires a Tank Vessel
Examination (TVE) or other special Coast Guard inspection in order to
lighter in a designated lightering zone must request the TVE or other
inspection from the cognizant Captain of the Port at least 72 hours
prior to commencement of lightering operations.
8. In part 156, a new subpart C is added to read as follows:
Subpart C--Lightering Zones and Operational Requirements for the Gulf
of Mexico
Sec.
156.300 Designated lightering zones.
156.310 Prohibited areas.
156.320 Maximum operating conditions.
156.330 Operations.
Sec. 156.300 Designated lightering zones.
The following lightering zones are designated in the Gulf of Mexico
and are more than 60 miles from the baseline from which the territorial
sea is measured:
(a) Southtex--lightering zone. This lightering zone and the
geographic area for this zone are coterminous and consist of the waters
bounded by a line connecting the following points beginning at:
Latitude N. Longitude W.
27 deg.40'00'', 93 deg.00'00'', thence to
27 deg.40'00'', 94 deg.35'00'', thence to
28 deg.06'30'', 94 deg.35'00'', thence to
27 deg.21'00'', 96 deg.00'00'', thence to
26 deg.30'00'', 96 deg.00'00'', thence to
26 deg.30'00'', 93 deg.00'00'', and thence to the
point of beginning.
(NAD 83)
(b) Gulfmex No. 2--lightering zone. This lightering zone and the
geographic area for this zone are coterminous and consist of the waters
bounded by a line connecting the following points beginning at:
Latitude N. Longitude W.
27 deg.53'00'', 89 deg.00'00'', thence to
27 deg.53'00'', 91 deg.30'00'', thence to
26 deg.30'00'', 91 deg.30'00'', thence to
26 deg.30'00'', 89 deg.00'00'', and thence to the
point of beginning.
(NAD 83)
(c) Offshore Pascagoula No. 2--lightering zone. This lightering
zone and the geographic area for this zone are coterminous and consist
of the waters bounded by a line connecting the following points
beginning at:
[[Page 45018]]
Latitude N. Longitude W.
29 deg.20'00'', 87 deg.00'00'', thence to
29 deg.12'00'', 87 deg.45'00'', thence to
28 deg.39'00'', 88 deg.00'00'', thence to
28 deg.00'00'', 88 deg.00'00'', thence to
28 deg.00'00'', 87 deg.00'00'', and thence to the
point of beginning.
(NAD 83)
(d) South Sabine Point--lightering zone. This lightering zone and
the geographic area for this zone are coterminous and consist of the
waters bounded by a line connecting the following points beginning at:
Latitude N. Longitude W.
28 deg.30'00'', 92 deg.38'00'', thence to
28 deg.44'00'', 93 deg.24'00'', thence to
28 deg.33'00'', 94 deg.00'00'', thence to
28 deg.18'00'', 94 deg.00'00'', thence to
28 deg.18'00'', 92 deg.38'00'', and thence to the
point of beginning.
(NAD 83)
Sec. 156.310 Prohibited areas.
Lightering operations are prohibited within the following areas in
the Gulf of Mexico:
(a) Claypile--prohibited area. This prohibited area consists of the
waters bounded by a line connecting the following points beginning at:
Latitude N. Longitude W.
28 deg.15'00'', 94 deg.35'00'', thence to
27 deg.40'00'', 94 deg.35'00'', thence to
27 deg.40'00'', 94 deg.00'00'', thence to
28 deg.33'00'', 94 deg.00'00'', and thence to the
point of beginning.
(NAD 83)
(b) Flower Garden--prohibited area. This prohibited area consists
of the waters bounded by a line connecting the following points
beginning at:
Latitude N. Longitude W.
27 deg.40'00'', 94 deg.00'00'', thence to
28 deg.18'00'', 94 deg.00'00'', thence to
28 deg.18'00'', 92 deg.38'00'', thence to
28 deg.30'00'', 92 deg.38'00'', thence to
28 deg.15'00'', 91 deg.30'00'', thence to
27 deg.40'00'', 91 deg.30'00'', and thence to the
point of beginning.
(NAD 83)
(c) Ewing--prohibited area. This prohibited area consists of the
waters bounded by a line connecting the following points beginning at:
Latitude N. Longitude W.
27 deg.53'00'', 91 deg.30'00'', thence to
28 deg.15'00'', 91 deg.30'00'', thence to
28 deg.15'00'', 90 deg.10'00'', thence to
27 deg.53'00'', 90 deg.10'00'', and thence to the
point of beginning.
(NAD 83)
Sec. 156.320 Maximum operating conditions.
Unless otherwise specified, the maximum operating conditions in
this section apply to tank vessels operating within the lightering
zones designated in this subpart.
(a) A tank vessel shall not attempt to moor alongside another
vessel when either of the following conditions exist:
(1) The wind velocity is 56 km/hr (30 knots) or more; or
(2) The wave height is 3 meters (10 feet) or more.
(b) Cargo transfer operations shall cease and transfer hoses shall
be drained when--
(1) The wind velocity exceeds 82 km/hr (44 knots); or
(2) Wave heights exceed 5 meters (16 feet).
Sec. 156.330 Operations.
(a) Unless otherwise specified in this subpart, or when otherwise
authorized by the cognizant Captain of the Port (COTP) or District
Commander, the master of a vessel lightering in a zone designated in
this subpart shall ensure that all officers and appropriate members of
the crew are familiar with the guidelines in paragraphs (b) and (c) of
this section and that the requirements of paragraphs (d) through (l) of
this section are complied with.
(b) Lightering operations should be conducted in accordance with
the Oil Companies International Marine Forum Ship to Ship Transfer
Guide (Petroleum), Second Edition, 1988, to the maximum extent
practicable.
(c) Helicopter operations should be conducted in accordance with
the International Chamber of Shipping Guide to Helicopter/Ship
Operations, Third Edition, 1989, to the maximum extent practicable.
(d) The vessel to be lightered shall make a voice warning prior to
the commencement of lightering activities via channel 13 VHF and 2182
Khz. The voice warning shall include:
(1) The names of the vessels involved;
(2) The vessels' geographical positions and general headings;
(3) A description of the operations;
(4) The expected time of commencement and duration of the
operation; and
(5) Request for wide berth.
(e) In the event of a communications failure between the lightering
vessels or the respective persons-in-charge of the transfer, or an
equipment failure affecting the vessel's cargo handling capability or
ship's maneuverability, the affected vessel shall suspend lightering
activities and shall sound at least five short, rapid blasts on the
vessel's whistle. Lightering activities shall remain suspended until
corrective action has been completed.
(f) No vessel involved in a lightering operation may open its cargo
system until the servicing vessel is securely moored alongside the
vessel to be lightered.
(g) If any vessel not involved in the lightering operation or
support activities approaches within 100 meters of vessels engaged in
lightering, the vessel engaged in lightering shall warn the approaching
vessel by sounding a loud hailer, ship's whistle, or any other
appropriate means.
(h) Only a lightering tender, a supply boat, or a crew boat,
equipped with a spark arrestor on its exhaust, or a tank vessel
providing bunkers, may moor alongside a vessel engaged in lightering
operations.
(i) Lightering operations shall not be conducted within 1 nautical
mile of offshore structures or mobile offshore drilling units.
(j) No vessel engaged in lightering activities may anchor over
charted pipelines, artificial reefs, or historical resources.
(k) All vessels engaged in lightering activities shall be able to
immediately maneuver at all times while inside a designated lightering
zone. The main propulsion system must not be disabled at any time.
(l) In preparing to moor alongside the vessel to be lightered, a
service vessel shall not approach the vessel to be lightered closer
than 1000 meters unless the service vessel is positioned broad on the
quarter of the vessel to be lightered. The service vessel must
transition to a nearly parallel heading prior to closing to within 50
meters of the vessel to be lightered.
Dated: August 22, 1995.
A.E. Henn,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 95-21292 Filed 8-28-95; 8:45 am]
BILLING CODE 4910-14-P
