80_FR_10743 80 FR 10704 - National Preparedness for Response Exercise Program (PREP) Guidelines

80 FR 10704 - National Preparedness for Response Exercise Program (PREP) Guidelines

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range10704-10710
FR Document2015-04160

The U.S. Coast Guard (USCG) announces that the updated draft PREP Guidelines are available for public comment. The USCG is publishing this notice on behalf of the National Scheduling Coordination Committee (NSCC), which is comprised of representatives from the USCG; Environmental Protection Agency (EPA); Pipeline and Hazardous Materials Safety Administration (PHMSA) under the Department of Transportation (DOT); and the Bureau of Safety and Environmental Enforcement (BSEE) under the Department of the Interior (DOI).

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015)
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10704-10710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04160]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2011-1178]


National Preparedness for Response Exercise Program (PREP) 
Guidelines

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comment.

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SUMMARY: The U.S. Coast Guard (USCG) announces that the updated draft 
PREP Guidelines are available for public comment. The USCG is 
publishing this notice on behalf of the National Scheduling 
Coordination Committee (NSCC), which is comprised of representatives 
from the USCG; Environmental Protection Agency (EPA); Pipeline and 
Hazardous Materials Safety Administration (PHMSA) under the Department 
of Transportation (DOT); and the Bureau of Safety and Environmental 
Enforcement (BSEE) under the Department of the Interior (DOI).

DATES: Comments must reach USCG by April 28, 2015.

ADDRESSES: You may submit comments and additional materials, identified 
by USCG docket number USCG-2011-1178, using any one of the following 
methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these methods.

FOR FURTHER INFORMATION CONTACT: 
    For USCG: Mr. Jonathan Smith, Office of Marine Environmental 
Response Policy, 202-372-2675.
    For BSEE: Mr. John Caplis, Oil Spill Preparedness Division, 703-
787-1364.

[[Page 10705]]

    For EPA: Mr. Troy Swackhammer, Office of Emergency Management, 
Regulation and Implementation Division, 202-564-1966.
    For PHMSA: Mr. Eddie Murphy, Office of Pipeline Safety, 202-366-
4595.
    For questions on viewing or submitting material to the docket: Ms. 
Cheryl Collins, Program Manager, DOT Docket Operations, 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    We encourage you to participate in the revision of the PREP 
Guidelines by submitting comments and related materials. All comments 
received will be posted without change to http://www.regulations.gov 
and will include any personal information you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number (USCG-2011-1178), indicate the specific section of the 
PREP Guidelines to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type ``USCG-2011-1178'' in the search box, and click ``Search.'' Then 
click ``Comment Now!'' on the appropriate line. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the DOT Facility, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period.
    Viewing comments and documents: To view comments as well as 
documents mentioned in this notice as being available in the docket, go 
to http://www.regulations.gov, type ``USCG-2011-1178'' and click 
``Search.'' Then click the ``Open Docket Folder.'' Additional relevant 
comments are available in docket BSEE-2014-0003 and may be viewed 
online using the same procedure as for docket USCG-2011-1178. If you do 
not have access to the Internet, you may view the docket online by 
visiting the Docket Management Facility in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. We have an agreement with the DOT to use the Docket 
Management Facility.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act and system of records notice regarding our public dockets 
in the January 17, 2008, issue of the Federal Register (73 FR 3316).
    Public meeting: We do not currently plan to hold a public meeting, 
but you may request one using any of the methods listed under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that a public meeting would aid the 
revision of the PREP Guidelines, we will hold one at a time and place 
announced by a later notice in the Federal Register.

II. Acronyms

ACP Area Contingency Plan
AMPD Average Most Probable Discharge
APC Alternative Planning Criteria
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
DOI Department of the Interior
DOT Department of Transportation
EPA Environmental Protection Agency
FOSC Federal On-Scene Coordinator
FPSO Floating Production, Storage, and Offloading
FR Federal Register
GIUE Government-Initiated Unannounced Exercise
GRPs Geographic Response Plans
GRS Geographic Response Strategies
HSEEP Homeland Security Exercise and Evaluation Program
IMT Incident Management Team
MFF Marine Firefighting
MMPD Maximum Most Probable Discharge
MOA Memorandum of Agreement
MODU Mobile Offshore Drilling Unit
MOU Memorandum of Understanding
NRT National Response Team
NSCC National Scheduling Coordination Committee
NTV Nontank Vessels
OPA 90 Oil Pollution Act of 1990
OSPD Oil Spill Preparedness Division
OSRO Oil Spill Removal Organization
OSRP Oil Spill Response Plan
PHMSA Pipeline and Hazardous Materials Safety Administration
PREP Preparedness for Response Exercise Program
QI Qualified Individual
SMFF Salvage and Marine Firefighting
SMT Spill Management Team
SONS Spill of National Significance
TTX Tabletop Exercise
USCG U.S. Coast Guard
VRP Vessel Response Plan
WCD Worst Case Discharge

III. Background

    On February 22, 2012, the USCG, on behalf of the NSCC, invited 
comments and suggestions for updating the PREP Guidelines (77 FR 
10542). The NSCC received public comments in docket number USCG-2011-
1178, and those comments can be viewed online as described in the 
``Public Participation'' section earlier in this document. After 
considering those comments, the NSCC issued a draft update to the PREP 
Guidelines. The NSCC also issued a notice (79 FR 16363, March 24, 2014) 
that announced the availability of the draft update to the PREP 
Guidelines, invited comment on the draft, and provided responses to the 
comments received in docket USCG-2011-1178. That second notice (79 FR 
16363) was published as a BSEE-issued document in docket BSEE-2014-
0003. The NSCC has considered the comments received in docket BSEE-
2014-0003, and today announces the availability of an updated draft, 
invites public comment on the updated draft, and responds to comments 
received in the BSEE docket in response to the March 24, 2014, notice. 
Although this document responds to comments received in the BSEE 
docket, all further comments should be directed to the docket USCG-
2011-1178.\1\ The NSCC does not plan to use other dockets for this 
revision of the PREP Guidelines.
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    \1\ On July 16, 2014, BSEE published a notice indicating that an 
updated draft would be made available for public comment in the 
original USCG docket, USCG-2011-1178 (79 FR 41592).
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IV. Summary of Comments and Changes

    When BSEE, on behalf of the NSCC, requested public review of the 
first updated draft PREP Guidelines in its March 2014 notice, BSEE 
received 83 comments from government agencies, regulated communities, 
private industry, and non-governmental organizations. All of the 
comments received are posted on http://www.regulations.gov, under 
docket number BSEE-2014-0003. This document summarizes and responds to 
those comments that were within the scope of the proposed update.
    The NSCC has incorporated numerous changes to the draft PREP 
Guidelines document as a result of these public comments, and has also 
updated the document to reflect other new planning requirements such as 
the recent regulatory requirements relating to

[[Page 10706]]

nontank vessels (NTVs). In the following sections, we summarize the 
comments that the NSCC received and the changes it has made to the 
revised update of the PREP Guidelines.

A. Summary of Changes

    Definitions and Terminology: The NSCC has changed certain exercise-
related terms in order to harmonize PREP with other national-level 
exercise programs. In particular, the term ``Spill Management Team 
(SMT)'' has been replaced by the term ``Incident Management Team 
(IMT).'' The term ``Tabletop Exercise (TTX)'' has been removed from the 
PREP terminology and will now simply be referred to as an exercise. For 
example, an SMT TTX will now be called an IMT exercise.
    Salvage and Marine Firefighting (SMFF) Additions: The draft PREP 
Guidelines now include guidance for including SMFF providers and 
equipment into a plan holder's exercise program, in response to 
regulatory requirements at 33 Code of Federal Regulations (CFR) 
155.4052. These updates appear throughout the Guidelines in applicable 
sections.
    NTV Additions: The PREP Guidelines now include guidance for 
exercises for NTV response plans, in response to regulatory 
requirements at 33 CFR 155.5060.
    Use of Alternative Worst Case Discharges (WCD) Scenarios during IMT 
Exercises: The draft Guidelines have been revised to allow for 
alternative WCD scenarios to be exercised. Some Facilities and Complex 
Facilities have more than one possible WCD, for example a storage tank 
and a pipeline section. Such plan holders are encouraged to consider 
adverse environmental impacts and to exercise more than just their 
largest volume WCD scenario.
    Exercise Frequency: The draft Guidelines have been updated to 
ensure consistency among NSCC agencies regarding the frequency of 
equipment deployment exercises. In particular, the frequency of 
deployment exercises for equipment that is owned by the facility, 
operated by Oil Spill Removal Organizations (OSROs), and listed in EPA-
regulated plans has been changed from annually to semi-annually. This 
change will ensure the readiness of equipment that is not regularly 
used in actual spill response operations.
    Oil Spill Surveillance and Tracking Systems: USCG and BSEE 
regulations require plan holders to ensure available resources for oil 
spill surveillance and tracking. The PREP Guidelines establish a list 
of the types of equipment to be exercised during internal deployment 
exercises. This latest version of the Guidelines specifically 
identifies oil spill surveillance and tracking systems as a type of 
response equipment to be exercised during internal equipment deployment 
exercises in order to test the plan holders abilities to effectively 
support and direct other response activities and equipment, such as the 
use of dispersants, in-situ burning, mechanical recovery, shoreline 
protection, or wildlife recovery.
    Area-level Exercise Cycle: The exercise frequency for Area-level 
exercises has been changed from three to four years. This change 
applies only to the Area-level exercise cycle and does not change an 
industry plan holder's exercise cycle as recommended in the draft PREP 
Guidelines, nor does it change the frequency of any industry plan 
holder exercises required by any oil spill planning regulations.

B. Summary of Comments and Responses

General Comments
    Additional Time to Review the Guidelines: One commenter asked for 
an extended review period as they were not aware of the previous 
posting of the Guidelines in the Federal Register.
    Response: In addition to the comment in the docket, the NSCC has 
received numerous comments through other channels requesting additional 
time to review the Guidelines. This version of the Guidelines is being 
released today for public comment by the NSCC for a period of sixty 
days to accommodate the numerous requests.
    Aligning PREP Terminology and Processes with Other National 
Exercise Programs: Three commenters recommended aligning the PREP 
Guidelines with various elements of the Homeland Security Exercise and 
Evaluation Program (HSEEP).
    Response: The NSCC has decided to adopt certain terminology from 
HSEEP in order to better align the two programs, especially where HSEEP 
terms are more reflective of the lexicon used today within the National 
Incident Management System. As a result, the term ``SMT'' has been 
replaced by the term ``IMT.'' The term ``TTX'' has also been replaced 
with the term ``exercise.'' Recommendations for replacing other terms, 
such as changing deployment ``exercises'' to ``drills,'' were not 
adopted because the NSCC did not want to introduce confusion by 
changing established, recognized terms. The NSCC also did not believe 
it was within the scope of the existing PREP mandate under OPA90 to 
completely adopt the HSEEP exercise design and evaluation processes. 
While the NSCC would encourage plan holders to consider adopting 
various HSEEP best practices, HSEEP procedures are currently not 
required by any of the Oil Pollution Act of 1990 (OPA90) implementing 
regulations established by the NSCC member agencies.
    Unified Command during PREP Exercises: One commenter stated that 
the definition of Unified Command in the PREP Guidelines was too broad 
and should be more constrained to agencies with primary jurisdiction in 
the incident.
    Response: The National Response Team (NRT) states in its Technical 
Assistance Document on Unified Command that for entities to be 
considered for inclusion within a Unified Command, they should have 
authority or functional responsibility for an area of responsibility 
that may be affected by an incident, as well as authority to command, 
coordinate, or manage a major aspect of the response. The NSCC has 
clarified the language within the definition to more closely align with 
the NRT guidance.
    Use of the Acronym ``OSRO'' in PREP Terminology: One commenter 
stated that the acronym ``OSRO'' was being used for two different terms 
and definitions, i.e., ``Oil Spill Removal Organization'' and ``Oil 
Spill Response Organization,'' which can create confusion.
    Response: The NSCC has removed the definition for Oil Spill 
Response Organization from the Guidelines. The acronym ``OSRO'' now 
only refers to an Oil Spill Removal Organization as defined in this 
latest version of the draft PREP Guidelines.
    Use of Electronic Messaging for Qualified Individual (QI) 
Notification Exercises (Section 2): One commenter requested that 
electronic messaging be allowed as a primary means for notifying QIs of 
a spill.
    Response: The NSCC has reviewed the language within the draft PREP 
Guidelines and has determined that the language will remain the same. 
The NSCC determined that voice should remain the primary means of 
communication because it quickly confirms that the notification has 
been received, and allows for immediate questions that may save time in 
emergencies; however, electronic messaging is an acceptable alternative 
if voice is unavailable. Confirmation of notification must be received 
with any communication method.
    Equipment Deployment Exercises and Lessons Learned Regarding 
Equipment Performance: One commenter noted a concern regarding the 
conditions under

[[Page 10707]]

which equipment deployment exercises are conducted, as well as the lack 
of mechanisms in place to capture field deployment information. This 
commenter recommended that the USCG and BSEE develop a standard system 
to evaluate the performance of spill response equipment under a range 
of environmental conditions and capture that information in a lessons 
learned database.
    Response: The primary purpose of the PREP Guidelines is to provide 
guidance to industry on oil spill response exercises as required by OPA 
90. The collection of information concerning the performance of spill 
response equipment in a database is outside the scope of these 
Guidelines.
    Dispersant-Related Objectives during PREP Exercises: One commenter 
submitted an extensive set of recommendations regarding the need to 
incorporate more specific dispersant-related objectives in unannounced, 
deployment, IMT, and Area-level exercises.
    Response: Both BSEE and USCG regulations have requirements 
concerning dispersant capabilities for many of their plan holders. Most 
coastal Regional and Area Contingency Plans (ACPs) now have 
preauthorization agreements in place for the use of dispersants and in-
situ burning. In order to ensure both government and industry 
preparedness to use all available response countermeasures, the NSCC 
incorporated additional recommended guidance regarding dispersants and 
in-situ burning into the various exercise objectives. In particular, 
the NSCC included in the draft Guidelines an exercise objective for 
industry IMT exercises to prepare and submit usage plans for Federal 
On-Scene Coordinator (FOSC) review and approval for each chemical, 
biological, or in-situ burning countermeasure that is cited as a 
response strategy within an Oil Spill Response Plan (OSRP) during the 
course of their exercise cycle. The NSCC has similarly incorporated a 
specific objective for Area-level IMT exercises to prepare usage plans 
and recommendations for FOSC review and approval for any chemical or 
biological countermeasures or in-situ burning that are identified as 
response strategies in the ACP. Finally, the NSCC has provided 
additional guidance necessary for properly conducting internal 
equipment deployment exercises of dispersant and in-situ burning 
equipment and procedures.
    Tidal Seal Boom Deployment: One commenter pointed out that under 
the previous Guidelines, only fifty feet of tidal seal boom need be 
deployed and that the revised version no longer included this 
information.
    Response: The statement ``Only 50 feet of this type of boom need be 
deployed'' has been included in this latest version of the draft 
Guidelines.
    Government-Initiated Unannounced Exercises (GIUEs): One commenter 
drew attention to the fact that guidelines for GIUEs are agency-
specific and that the NSCC gave a timeframe for when it will conduct 
unannounced exercises in the area.
    Response: The timeframe has been removed to harmonize the 
Guidelines.
    Area-Level Exercise Goals: One commenter noted that Area-level 
exercise goals appear aggressive and that some Area-level exercises 
approach a Spill of National Significance (SONS) in scope and 
complexity, and recommended that the Guidelines limit exercises to a 
single day.
    Response: NSCC members have determined that the language in the 
PREP Guidelines will remain the same. The NSCC does not want to limit 
the flexibility of Area Committees in designing exercises that meet 
their needs.
    Testing Geographic Response Plans (GRPs) during PREP Exercises: One 
commenter noted that GRPs and Geographic Response Strategies (GRSs), 
which have been incorporated into many ACPs, should be incorporated 
into PREP, tested during deployment exercises, and the resultant data 
collected to be used to improve the GRPs/GRSs.
    Response: The NSCC agrees that the targeted testing of certain GRPs 
and GRSs is a desirable preparedness activity that could improve the 
quality of the strategies contained within an ACP. The PREP Guidelines 
cover the testing of response strategies at Section 2, Guiding 
Principles, Subpart J, Area Exercises. The NSCC encourages Area 
Committees and FOSCs to consider exercising and evaluating GRPs as part 
of the Area Exercise Cycle, subject to their discretion and available 
funding.
    Removal of PREP Documentation and Certification Forms from 
Appendix: One commenter raised concern about the removal of the forms 
from the PREP Guidelines for documentation for self-certification.
    Response: The forms were removed from the PREP Guidelines to avoid 
the appearance that any particular form of documentation was required. 
While the forms are no longer in the Guidelines, industry may choose to 
use those or any other form or template, at their own discretion, for 
their internal documentation.
Multi-Agency Regulated Facility and Vessel Comments
    Complex Facilities Regulated by More Than One Federal Agency: One 
commenter raised concern that complex facilities are addressed by WCD 
amounts and not in average most probable discharge (AMPD) or maximum 
most probable discharge (MMPD).
    Response: The NSCC has updated the definitions for AMPD and MMPD 
with language about complex facilities similar to WCD for complex 
facilities regulated by more than one federal agency.
    Agency Jurisdiction for PREP with Respect to Mobile Offshore 
Drilling Units (MODU) and Floating Production, Storage, and Offloading 
(FPSO) Vessels: One commenter asked for clarification of agency 
jurisdiction for PREP with respect to MODUs and FPSO vessels.
    Response: MODUs and FPSO vessels may be properly characterized as 
both offshore facilities and vessels. Multi-function offshore units 
such as FPSOs and MODUs are regulated by both USCG and BSEE with 
respect to these different functions, and each agency will have its own 
separate jurisdiction and regulatory oversight of these functional 
areas. In addition, the USCG and BSEE have entered into a general 
Memorandum of Understanding (MOU), along with specific Memorandums of 
Agreement (MOAs), with respect to jurisdictional oversight. As such, it 
is up to each agency to provide guidance regarding the applicability of 
its regulations and PREP Guidelines. When MODUs and FPSO vessels are 
conducting operations as an offshore facility, the offshore facility 
PREP Guidelines overseen by BSEE apply. When MODUs and FPSO are 
operating as vessels, vessel PREP Guidelines overseen by USCG apply. 
BSEE and the USCG will work closely together to ensure a coordinated 
approach to PREP guidance and oversight with respect to these dual 
purpose entities whenever possible.
USCG-Regulated Vessels and Marine Transportation-Related Facilities 
Comments
    Economic Analysis for SMFF Requirements: Multiple commenters 
requested that an economic analysis be conducted for the PREP 
Guidelines regarding the SMFF exercise requirements.
    Response: The PREP Guidelines are voluntary guidelines that only 
provide optional, recommended methods for complying with the existing 
regulatory requirements. As such, economic analyses are not required to 
be prepared

[[Page 10708]]

for the PREP Guidelines. The regulations themselves were subjected to 
an economic analysis prior to their promulgation.\2\
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    \2\ Economic analysis information is found in the preambles to 
the final rule for salvage and marine firefighting (73 FR 80618, 
December 31, 2008) and the final rule for nontank vessel response 
plans (78 FR 60099, September 30, 2013).
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    To address the concern about the economic burden of new exercise 
requirements on vessel owners and operators, several modifications have 
been made to the PREP Guidelines as follows:
    1. To comply with PREP Guidelines, vessels must conduct a Remote 
Assessment and Consultation Exercise for Vessels annually. PREP 
exercise requirements for Remote Assessment and Consultation Exercises 
have been more completely defined to improve the effectiveness of 
response planning for this service.
    2. PREP exercises for SMFF emergency lightering and MFF services do 
not apply to NTVs with an oil capacity under 250 barrels.
    3. Plan holders may claim credit for combined PREP exercises, 
incidents, and in the case of SMFF, they may claim PREP exercise credit 
for non-emergency equipment deployments during large-scale operations.
    NTV and SMFF Definitions: Multiple comments were received asking 
for clarification of the definitions related to new NTV and SMFF 
regulations. In addition, one commenter noted that the PREP Guidelines 
emphasize spill cleanup; however, the principle purpose of SMFF is 
spill prevention and the commenter requested that spill prevention 
language be included in the PREP Guidelines.
    Response: The following definitions have been reviewed and/or 
updated within the PREP Guidelines: Marine Firefighting (MFF) 
Organization, Plan Holder, Primary Resource Provider, Resource 
Provider, Salvage Organization, SMFF Provider, and SMFF Response 
Services. The USCG has replaced the words ``spill response'' with 
``response, and ``spill management'' with ``incident management'' 
throughout the document to reflect that certain exercises may not 
include a spill, but rather the prevention of a potential spill.
    Remote Assessment and Consultation Exercises for Vessels--Value: 
Multiple commenters questioned the value of the remote assessment and 
consultation exercise. Others suggested that the exercise be applied to 
Vessel Response Plans (VRPs) instead of vessels.
    Response: These exercises ensure that professional remote 
assessment and consultation services can be effectively activated 
within one hour of the time anyone in the response organization 
receives notification of the spill or potential spill. The early 
initiation of a situational assessment by a competent SMFF professional 
may prevent potential spills from turning into spills, and prevent 
actual spills from escalating in size.
    Because of the short timeframe involved and the vessel-specific 
response required, this exercise must be conducted by each vessel 
covered under the response plan.
    Remote Assessment and Consultation Exercises for Vessels--
Participants: Several commenters expressed concern that the PREP 
Guidelines' remote assessment and consultation exercise description of 
participants did not reflect the process outlined in the VRP which 
involves initial notification via the QI. In contrast, one commenter 
said that since SMFF contractual agreements are directly between the 
owner/operator and SMFF provider, the remote assessment and 
consultation exercise participants should be the SMFF provider and 
vessel owner/operator, excluding the QI.
    Response: In response to these comments, the PREP Guidelines' new 
remote assessment and consultation exercise description reflects that 
participants should be consistent with the VRP for notification/
activation and provision of remote assessment and consultation 
services.
    Emergency Procedures Exercises for Vessels--Participating Elements 
and Applicability to SMFF Providers: One commenter asked for 
clarification about whether or not the emergency procedures exercise 
includes SMFF resource providers.
    Response: The PREP Guidelines' description of On-Board Emergency 
Procedures Exercise for vessels clearly indicates that the exercise 
applies to manned tank vessels and NTVs carrying oil as cargo or fuel, 
and that the participating elements are vessel personnel. Both the PREP 
On-Board Emergency Procedures Exercises and PREP's Remote Assessment 
and Consultation Exercises are based on scenarios found in the 
shipboard response chapter of the VRP. These exercises may be conducted 
separately. PREP allows exercises to be combined, and a vessel owner/
operator may choose to combine these two exercises to multiply the 
benefits obtained in terms of reinforcing the procedures to achieve 
quicker and more effective initial response to a spill or the threat of 
a spill.
    Incident Management Exercises for Vessels--Participating Elements: 
One commenter suggested that the plan holder be added to participating 
elements of the IMT exercise for vessels because plan holders should be 
aware of the IMT capabilities and their own requirements during an 
incident from one of their vessels.
    Response: The USCG agrees that the regulated party should be 
involved in the exercise, as reflected in the VRP. No change was 
necessary to reflect this.
    Shore-Based Salvage and Shore-Based MFF Exercises for Vessels--
Separate or Combined Exercises: Multiple commenters requested that the 
shore-based salvage and shore-based MFF exercises not be held 
separately from IMT exercises. Some suggested that the salvage and MFF 
exercises be combined with each other since the services for each will, 
in most cases, be provided by the same primary resource provider.
    Response: To comply with the PREP Guidelines, salvage and MFF 
components of the VRP must be exercised annually, either separately or 
combined. IMT, salvage, and MFF exercises may also be combined.
    It is a basic PREP tenet that plan holders may claim credit for 
exercises when conducted in conjunction with other exercises, and a 
proper record is generated. Credit should be claimed for an actual 
response when the objectives of the exercise(s) are met, the response 
is evaluated, and a proper record is generated. Third party salvage and 
MFF teams may provide documentation of their incidents and exercises to 
their clients, and their clients may claim credit for the portions of 
the exercise that are applicable to their VRPs.
    Shore-Based Salvage and Shore-Based MFF Exercises for Vessels--
Participating Elements: Several commenters requested that the vessel 
owner/operator be included as a participating element for the shore-
based salvage and shore-based MFF exercises.
    Response: The management team, as established in a plan holder's 
VRP, must participate in PREP annual shore-based exercises for salvage 
and for MFF. The vessel owner/operator is not necessarily part of the 
management team established in the VRP, but the vessel owner/operator 
(or representative) may participate in the exercise.
    SMFF Equipment Deployment Exercises for Vessels--Participating 
Elements: Multiple commenters requested removal of the requirement that 
all SMFF equipment-operating personnel participate in an annual 
equipment deployment exercises

[[Page 10709]]

because their routine work involves the deployment of this equipment.
    Response: SMFF providers may claim PREP exercise credit for 
operational equipment deployments if exercise objectives are met and a 
proper record is documented. This would include claiming credit for 
participation of all SMFF personnel that were involved in the 
operational deployment of the equipment.
    SMFF Equipment Deployment Exercises for Vessels--Exercise 
Documentation: One commenter recommended that all vessel plan holders 
identifying a contracted SMFF provider in their response plans must be 
able to document completion of SMFF equipment deployment requirements.
    Response: It is the vessel plan holder's responsibility to ensure 
that the contracted SMFF provider completes PREP equipment deployment 
exercise requirements. All vessel plan holders identifying a contracted 
SMFF provider in their response plans may claim PREP credit for their 
SMFF provider's equipment deployment exercises following receipt of 
exercise documentation from the provider.
    Equipment Deployment Exercises for Vessels--Regional Exercises: 
Some commenters recommended a regional approach to SMFF equipment 
deployment exercises involving exercises in the Atlantic, Gulf, and 
Pacific regions, conducted on a rotational basis once every three 
years.
    Response: When an SMFF provider proposes to conduct regional large-
scale equipment deployment exercises to meet equipment deployment 
exercise requirements for their clients, the provider should request 
Alternative Planning Criteria (APC) approval from the USCG for the 
proposed exercises as described in 33 CFR 155.1055 and 155.5067.
    All vessel plan holders identifying a contracted SMFF provider in 
their response plans may claim PREP credit for their SMFF provider's 
equipment deployment exercises following receipt of exercise 
documentation from the provider.
    GIUEs--SMFF Services: Multiple commenters recommended that GIUEs 
not apply to SMFF services.
    Response: SMFF GIUE requirements have been removed from this 
revision of the PREP Guidelines, and will not apply to SMFF services.
BSEE-Regulated Offshore Facilities Comments
    Notification Exercises for BSEE-Regulated Facilities: Three 
commenters raised concerns over the Notification Exercises for offshore 
facilities. One comment indicated that requiring notifications within 
two weeks of beginning operations was too vague. Another comment raised 
a concern that this two-week requirement may conflict with provisions 
established by plan holders in their OSRP. A third commenter suggested 
that the elements of information listed as objectives that must be 
communicated during Notification Exercises greatly exceeds what is 
currently contained within OSRPs or is required in the regulations.
    Response: Due to the criticality of the spill notification process 
to an effective response, BSEE strongly recommends testing the plan 
holder's notification processes very early in their operational 
lifecycle, as well as preparing to gather and convey as much pertinent 
information as possible, in the early phase of an incident. BSEE has 
amended the language to clarify that for 24-hour manned production 
facilities, a Notification Exercise should be conducted within two 
weeks of beginning production operations. BSEE did not amend the 
language that pertains to mobile drilling units in this section, as 
BSEE believes that OSRPs should align, to the maximum extent possible, 
with the guidance recommended in the PREP Guidelines, which provide 
important additional detail concerning the implementation of the 
regulations. BSEE acknowledges that the elements of information now 
requested for a Notification Exercise is more detailed than the 
information that is currently required by the regulations. As a result, 
BSEE has amended the language in this section to indicate that a plan 
holder should, rather than must, communicate as many of the elements of 
information as possible during the Notification Exercise.
    Deployment Exercises for Source Control, Subsea Containment, and 
Supporting Equipment: Two commenters raised concerns about exercises 
involving source control and subsea containment equipment. One 
commenter stated that there are high risks and time burdens associated 
with unannounced exercises of this equipment, and questioned their 
utility to demonstrate real readiness. One commenter stated that the 
costs associated with conducting annual or biennial deployment 
exercises for this equipment is too burdensome, and that such exercises 
should only be conducted when there has been a material change to 
equipment design, provider, or means of deployment, or at a minimum 
frequency of five years.
    Response: When source control, subsea containment, and supporting 
equipment are listed in an OSRP as a means for regaining control of a 
well and securing a threatened or actual discharge of oil, the PREP 
Guidelines allow for Regional BSEE Oil Spill Preparedness Division 
(OSPD) representatives to direct an OSRP holder to conduct a deployment 
exercise of this equipment. As the scope and cost of such deployment 
exercises can be quite large, BSEE does not intend to require plan 
holders or providers of source control, subsea containment, and 
supporting equipment to conduct deployment exercises at the same semi-
annual or annual frequency as required for other spill response 
equipment. BSEE also does not intend to routinely conduct GIUEs that 
include the deployment of source control, subsea containment, and 
supporting equipment as part of the scope of a GIUE; however, BSEE has 
the authority and retains the prerogative to require GIUEs that have 
the deployment of source control, subsea containment, and/or supporting 
equipment as an element of that exercise, or to require deployment 
exercises of this equipment that are coordinated in advance but have 
some elements and objectives that will remain undisclosed until the 
commencement of the exercise. As organizations that provide source 
control, subsea containment, and supporting equipment cover multiple 
plan holders, credit for any deployment exercise successfully conducted 
by such a service provider will be extended to all plan holders who 
contract with the provider for those services. This extension of credit 
does not extend to IMT exercises where the management and oversight of 
source control activities must be exercised to ensure proper 
integration with other surface response activities and the overall 
management of the incident. These IMT exercises must include 
interaction between officials from a plan holder's specific 
organization and its IMT, including those officials who would manage 
source control and subsea containment capabilities, and therefore 
should be conducted separately and singularly for each OSRP.
    GIUEs for BSEE-Regulated Facilities: One commenter requested 
clarification regarding whether there is an annual limit to the number 
of GIUEs that are conducted by BSEE.
    Response: The previous PREP Guidelines indicated that BSEE may 
exceed 50 GIUEs per year nationally. It is unlikely that BSEE would 
conceivably conduct 50 or more GIUEs in any given year. There is no 
specified limit to the number of GIUEs that BSEE may conduct in a 
calendar year. BSEE will use a number of factors that vary

[[Page 10710]]

from year to year in order to determine the need to conduct GIUEs, and 
will use risk-based decision-making tools whenever possible. The 
language in the revised Guidelines has been amended to indicate that 
the number of GIUEs conducted by BSEE will be determined by the BSEE 
OSPD Chief, and does not make any reference to a specific number that 
may be conducted in a given year.

V. Request for Comments

    The NSCC members request public comments on the updated draft PREP 
Guidelines, which are available in docket USCG-2011-1178 as described 
in the ADDRESSES section of this notice.

    Dated: February 23, 2015.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response 
Policy.
[FR Doc. 2015-04160 Filed 2-26-15; 8:45 am]
BILLING CODE 9110-04-P



                                                  10704                         Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices

                                                     Federal agencies with an annual                      collect information. It is common place                  Total Burden Hours: 285,852.
                                                  extramural research and development                     within many of DHS’s Components for
                                                                                                                                                                Carlene C. Ileto,
                                                  (R&D) budget exceeding $100 million                     submissions to be electronic as a result
                                                                                                                                                                Executive Director, Enterprise Business
                                                  are required to participate in the SBIR                 of implementation of e-Government
                                                                                                                                                                Management Office.
                                                  Program. Similarly, Federal agencies                    initiatives.
                                                                                                                                                                [FR Doc. 2015–04126 Filed 2–26–15; 8:45 am]
                                                  with an extramural R&D budget                              Information technology (i.e.,
                                                                                                                                                                BILLING CODE 9110–9B–P
                                                  exceeding $1 billion are required to                    electronic web portal) is used in the
                                                  participate in the STTR Program.                        collection of information to reduce the
                                                     Federal agencies who participate in                  data gathering and records management
                                                  the SBIR and STTR programs must                                                                               DEPARTMENT OF HOMELAND
                                                                                                          burden. DHS uses a secure Web site                    SECURITY
                                                  collect information from the public to:                 which the public can propose SBIR
                                                     (1) Meet their reporting requirements                research topics and submit proposals in               Coast Guard
                                                  under 15 U.S.C. 638(b)(7), (g)(8), (i),                 response to SBIR solicitations. In
                                                  (j)(1)(E), (j)(3)(C), (l), (o)(10), and (v);            addition, DHS uses a web portal to                    [USCG–2011–1178]
                                                     (2) Meet the requirement to maintain                 review RFIs and register to submit a
                                                  both a publicly accessible database of                                                                        National Preparedness for Response
                                                                                                          white paper or proposal in response to                Exercise Program (PREP) Guidelines
                                                  SBIR/STTR award information and a                       a specific BAA. The data collection
                                                  government database of SBIR/STTR                        forms standardize the collection of                   AGENCY:   Coast Guard, DHS.
                                                  award information for SBIR and STTR                     information that is necessary and                     ACTION:   Notice and request for comment.
                                                  program evaluation under 15 U.S.C.                      sufficient for the DHS SBIR Program
                                                  638g(10), (k), (o)(9), and (o)(15); and                 Office to meet its requirements under 15              SUMMARY:   The U.S. Coast Guard (USCG)
                                                     (3) Meet requirements for public                                                                           announces that the updated draft PREP
                                                                                                          U.S.C. 638.
                                                  outreach under 15 U.S.C. 638(j)(2)(F),                                                                        Guidelines are available for public
                                                                                                             There has been no change in the
                                                  (o)(14), and (s).                                                                                             comment. The USCG is publishing this
                                                     The prior information collect request                information being collected. The
                                                                                                          reduction in the total annual burden is               notice on behalf of the National
                                                  for OMB No. 1600–0005 was approved                                                                            Scheduling Coordination Committee
                                                  through February 28, 2015 by OMB in                     based on agency estimates. First, the
                                                                                                          estimate is based on the number of                    (NSCC), which is comprised of
                                                  a Notice of OMB Action.                                                                                       representatives from the USCG;
                                                     The information being collected is                   expected contract awards requiring the
                                                                                                          submission of information has been                    Environmental Protection Agency
                                                  used by the Government’s contracting                                                                          (EPA); Pipeline and Hazardous
                                                  officers and other acquisition personnel,               declining in the last three years.
                                                                                                                                                                Materials Safety Administration
                                                  including technical and legal staffs to                    The Office of Management and Budget
                                                                                                                                                                (PHMSA) under the Department of
                                                  determine adequacy of technical and                     is particularly interested in comments
                                                                                                                                                                Transportation (DOT); and the Bureau of
                                                  management approach, experience,                        which:
                                                                                                                                                                Safety and Environmental Enforcement
                                                  responsibility, responsiveness, expertise                  1. Evaluate whether the proposed
                                                                                                                                                                (BSEE) under the Department of the
                                                  of the firms submitting offers,                         collection of information is necessary
                                                                                                                                                                Interior (DOI).
                                                  identification of members of the public                 for the proper performance of the
                                                                                                                                                                DATES: Comments must reach USCG by
                                                  (i.e., small businesses) who qualify for,               functions of the agency, including
                                                                                                          whether the information will have                     April 28, 2015.
                                                  and are interested in participating in,                                                                       ADDRESSES: You may submit comments
                                                  the DHS SBIR Program, facilitate SBIR                   practical utility;
                                                                                                             2. Evaluate the accuracy of the                    and additional materials, identified by
                                                  outreach to the public, and provide the                                                                       USCG docket number USCG–2011–
                                                  DHS SBIR Program Office necessary and                   agency’s estimate of the burden of the
                                                                                                          proposed collection of information,                   1178, using any one of the following
                                                  sufficient information to determine that                                                                      methods:
                                                  proposals submitted by the public to the                including the validity of the
                                                                                                          methodology and assumptions used;                       (1) Federal eRulemaking Portal:
                                                  DHS SBIR Program meet criteria for                                                                            http://www.regulations.gov.
                                                  consideration under the program.                           3. Enhance the quality, utility, and
                                                                                                                                                                  (2) Fax: 202–493–2251.
                                                     Failure to collect this information                  clarity of the information to be                        (3) Mail or Delivery: Docket
                                                  would adversely affect the quality of                   collected; and                                        Management Facility (M–30), U.S.
                                                  products and services DHS receives                         4. Minimize the burden of the                      Department of Transportation, West
                                                  from contractors. Potentially, contracts                collection of information on those who                Building Ground Floor, Room W12–140,
                                                  would be awarded to firms without                       are to respond, including through the                 1200 New Jersey Avenue SE.,
                                                  sufficient experience and expertise,                    use of appropriate automated,                         Washington, DC 20590–0001. Deliveries
                                                  thereby placing the Department’s                        electronic, mechanical, or other                      accepted between 9 a.m. and 5 p.m.,
                                                  operations in jeopardy. Defective and                   technological collection techniques or                Monday through Friday, except Federal
                                                  inadequate contractor deliverables                      other forms of information technology,                holidays. The telephone number is 202–
                                                  would adversely affect DHS’s                            e.g., permitting electronic submissions               366–9329.
                                                  fulfillment of the mission requirements                 of responses.                                           See the ‘‘Public Participation and
                                                  in all areas. Additionally, the                            Analysis:                                          Request for Comments’’ portion of the
                                                  Department would be unsuccessful in                        AGENCY: Office of the Chief                        SUPPLEMENTARY INFORMATION section
                                                  identifying small businesses with                       Procurement Officer, DHS.                             below for further instructions on
                                                  research and development (R&D)                             Title: Solicitation of Proposal                    submitting comments. To avoid
                                                                                                          Information for Award of Public
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                                                  capabilities, which would adversely                                                                           duplication, please use only one of
                                                  affect the mission requirements in this                 Contracts.                                            these methods.
                                                  area.                                                      OMB Number: 1600–0005.                             FOR FURTHER INFORMATION CONTACT:
                                                     Many sources of the requested                           Frequency: Annually.                                 For USCG: Mr. Jonathan Smith, Office
                                                  information use automated word                             Affected Public: Private Sector.                   of Marine Environmental Response
                                                  processing systems, databases, and web                     Number of Respondents: 13,612.                     Policy, 202–372–2675.
                                                  portal to facilitate preparation of                        Estimated Time per Respondent: 7                     For BSEE: Mr. John Caplis, Oil Spill
                                                  material to be submitted and to post and                hours.                                                Preparedness Division, 703–787–1364.


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                                                                                Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices                                                 10705

                                                    For EPA: Mr. Troy Swackhammer,                        on the ground floor of the DOT West                   TTX Tabletop Exercise
                                                  Office of Emergency Management,                         Building, 1200 New Jersey Avenue SE.,                 USCG U.S. Coast Guard
                                                  Regulation and Implementation                           Washington, DC 20590, between 9 a.m.                  VRP Vessel Response Plan
                                                                                                                                                                WCD Worst Case Discharge
                                                  Division, 202–564–1966.                                 and 5 p.m., Monday through Friday,
                                                    For PHMSA: Mr. Eddie Murphy,                          except Federal holidays. We have an                   III. Background
                                                  Office of Pipeline Safety, 202–366–4595.                agreement with the DOT to use the
                                                    For questions on viewing or                           Docket Management Facility.                              On February 22, 2012, the USCG, on
                                                  submitting material to the docket: Ms.                    Privacy Act: Anyone can search the                  behalf of the NSCC, invited comments
                                                  Cheryl Collins, Program Manager, DOT                    electronic form of comments received                  and suggestions for updating the PREP
                                                  Docket Operations, 202–366–9826.                        into any of our dockets by the name of                Guidelines (77 FR 10542). The NSCC
                                                  SUPPLEMENTARY INFORMATION:                              the individual submitting the comment                 received public comments in docket
                                                                                                          (or signing the comment, if submitted                 number USCG–2011–1178, and those
                                                  I. Public Participation and Request for                                                                       comments can be viewed online as
                                                  Comments                                                on behalf of an association, business,
                                                                                                          labor union, etc.). You may review a                  described in the ‘‘Public Participation’’
                                                     We encourage you to participate in                   Privacy Act and system of records                     section earlier in this document. After
                                                  the revision of the PREP Guidelines by                  notice regarding our public dockets in                considering those comments, the NSCC
                                                  submitting comments and related                         the January 17, 2008, issue of the                    issued a draft update to the PREP
                                                  materials. All comments received will                   Federal Register (73 FR 3316).                        Guidelines. The NSCC also issued a
                                                  be posted without change to http://                       Public meeting: We do not currently                 notice (79 FR 16363, March 24, 2014)
                                                  www.regulations.gov and will include                    plan to hold a public meeting, but you                that announced the availability of the
                                                  any personal information you have                       may request one using any of the                      draft update to the PREP Guidelines,
                                                  provided.                                               methods listed under ADDRESSES. Please                invited comment on the draft, and
                                                     Submitting comments: If you submit a                 explain why you believe a public                      provided responses to the comments
                                                  comment, please include the docket                      meeting would be beneficial. If we                    received in docket USCG–2011–1178.
                                                  number (USCG–2011–1178), indicate                       determine that a public meeting would                 That second notice (79 FR 16363) was
                                                  the specific section of the PREP                        aid the revision of the PREP Guidelines,              published as a BSEE-issued document
                                                  Guidelines to which each comment                        we will hold one at a time and place                  in docket BSEE–2014–0003. The NSCC
                                                  applies, and provide a reason for each                  announced by a later notice in the                    has considered the comments received
                                                  suggestion or recommendation. You                       Federal Register.                                     in docket BSEE–2014–0003, and today
                                                  may submit your comments and                                                                                  announces the availability of an
                                                  material online or by fax, mail, or hand                II. Acronyms                                          updated draft, invites public comment
                                                  delivery, but please use only one of                                                                          on the updated draft, and responds to
                                                  these means. We recommend that you                      ACP Area Contingency Plan                             comments received in the BSEE docket
                                                  include your name and a mailing                         AMPD Average Most Probable Discharge                  in response to the March 24, 2014,
                                                                                                          APC Alternative Planning Criteria
                                                  address, an email address, or a phone                                                                         notice. Although this document
                                                                                                          BSEE Bureau of Safety and Environmental
                                                  number in the body of your document                       Enforcement                                         responds to comments received in the
                                                  so that we can contact you if we have                   CFR Code of Federal Regulations                       BSEE docket, all further comments
                                                  questions regarding your submission.                    DOI Department of the Interior                        should be directed to the docket USCG–
                                                     To submit your comment online, go to                 DOT Department of Transportation                      2011–1178.1 The NSCC does not plan to
                                                  http://www.regulations.gov, type                        EPA Environmental Protection Agency                   use other dockets for this revision of the
                                                  ‘‘USCG–2011–1178’’ in the search box,                   FOSC Federal On-Scene Coordinator                     PREP Guidelines.
                                                  and click ‘‘Search.’’ Then click                        FPSO Floating Production, Storage, and
                                                  ‘‘Comment Now!’’ on the appropriate                       Offloading                                          IV. Summary of Comments and
                                                  line. If you submit your comments by                    FR Federal Register                                   Changes
                                                  mail or hand delivery, submit them in                   GIUE Government-Initiated Unannounced                   When BSEE, on behalf of the NSCC,
                                                                                                            Exercise                                            requested public review of the first
                                                  an unbound format, no larger than 81⁄2                  GRPs Geographic Response Plans
                                                  by 11 inches, suitable for copying and                  GRS Geographic Response Strategies
                                                                                                                                                                updated draft PREP Guidelines in its
                                                  electronic filing. If you submit                        HSEEP Homeland Security Exercise and                  March 2014 notice, BSEE received 83
                                                  comments by mail and would like to                        Evaluation Program                                  comments from government agencies,
                                                  know that they reached the DOT                          IMT Incident Management Team                          regulated communities, private
                                                  Facility, please enclose a stamped, self-               MFF Marine Firefighting                               industry, and non-governmental
                                                  addressed postcard or envelope. We will                 MMPD Maximum Most Probable Discharge                  organizations. All of the comments
                                                  consider all comments and material                      MOA Memorandum of Agreement                           received are posted on http://
                                                  received during the comment period.                     MODU Mobile Offshore Drilling Unit                    www.regulations.gov, under docket
                                                     Viewing comments and documents:                      MOU Memorandum of Understanding                       number BSEE–2014–0003. This
                                                                                                          NRT National Response Team                            document summarizes and responds to
                                                  To view comments as well as                             NSCC National Scheduling Coordination
                                                  documents mentioned in this notice as                     Committee
                                                                                                                                                                those comments that were within the
                                                  being available in the docket, go to                    NTV Nontank Vessels                                   scope of the proposed update.
                                                  http://www.regulations.gov, type                        OPA 90 Oil Pollution Act of 1990                        The NSCC has incorporated numerous
                                                  ‘‘USCG–2011–1178’’ and click                            OSPD Oil Spill Preparedness Division                  changes to the draft PREP Guidelines
                                                  ‘‘Search.’’ Then click the ‘‘Open Docket                OSRO Oil Spill Removal Organization                   document as a result of these public
                                                                                                          OSRP Oil Spill Response Plan                          comments, and has also updated the
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                                                  Folder.’’ Additional relevant comments
                                                  are available in docket BSEE–2014–0003                  PHMSA Pipeline and Hazardous Materials                document to reflect other new planning
                                                  and may be viewed online using the                        Safety Administration                               requirements such as the recent
                                                                                                          PREP Preparedness for Response Exercise               regulatory requirements relating to
                                                  same procedure as for docket USCG–                        Program
                                                  2011–1178. If you do not have access to                 QI Qualified Individual                                 1 On July 16, 2014, BSEE published a notice
                                                  the Internet, you may view the docket                   SMFF Salvage and Marine Firefighting                  indicating that an updated draft would be made
                                                  online by visiting the Docket                           SMT Spill Management Team                             available for public comment in the original USCG
                                                  Management Facility in Room W12–140                     SONS Spill of National Significance                   docket, USCG–2011–1178 (79 FR 41592).



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                                                  10706                         Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices

                                                  nontank vessels (NTVs). In the                          exercises. This latest version of the                 processes. While the NSCC would
                                                  following sections, we summarize the                    Guidelines specifically identifies oil                encourage plan holders to consider
                                                  comments that the NSCC received and                     spill surveillance and tracking systems               adopting various HSEEP best practices,
                                                  the changes it has made to the revised                  as a type of response equipment to be                 HSEEP procedures are currently not
                                                  update of the PREP Guidelines.                          exercised during internal equipment                   required by any of the Oil Pollution Act
                                                                                                          deployment exercises in order to test the             of 1990 (OPA90) implementing
                                                  A. Summary of Changes
                                                                                                          plan holders abilities to effectively                 regulations established by the NSCC
                                                     Definitions and Terminology: The                     support and direct other response                     member agencies.
                                                  NSCC has changed certain exercise-                      activities and equipment, such as the                    Unified Command during PREP
                                                  related terms in order to harmonize                     use of dispersants, in-situ burning,                  Exercises: One commenter stated that
                                                  PREP with other national-level exercise                 mechanical recovery, shoreline                        the definition of Unified Command in
                                                  programs. In particular, the term ‘‘Spill               protection, or wildlife recovery.                     the PREP Guidelines was too broad and
                                                  Management Team (SMT)’’ has been                          Area-level Exercise Cycle: The                      should be more constrained to agencies
                                                  replaced by the term ‘‘Incident                         exercise frequency for Area-level                     with primary jurisdiction in the
                                                  Management Team (IMT).’’ The term                       exercises has been changed from three                 incident.
                                                  ‘‘Tabletop Exercise (TTX)’’ has been                    to four years. This change applies only                  Response: The National Response
                                                  removed from the PREP terminology                       to the Area-level exercise cycle and does             Team (NRT) states in its Technical
                                                  and will now simply be referred to as an                not change an industry plan holder’s                  Assistance Document on Unified
                                                  exercise. For example, an SMT TTX will                  exercise cycle as recommended in the                  Command that for entities to be
                                                  now be called an IMT exercise.                          draft PREP Guidelines, nor does it                    considered for inclusion within a
                                                     Salvage and Marine Firefighting                      change the frequency of any industry                  Unified Command, they should have
                                                  (SMFF) Additions: The draft PREP                        plan holder exercises required by any                 authority or functional responsibility for
                                                  Guidelines now include guidance for                     oil spill planning regulations.                       an area of responsibility that may be
                                                  including SMFF providers and                                                                                  affected by an incident, as well as
                                                  equipment into a plan holder’s exercise                 B. Summary of Comments and                            authority to command, coordinate, or
                                                  program, in response to regulatory                      Responses                                             manage a major aspect of the response.
                                                  requirements at 33 Code of Federal                      General Comments                                      The NSCC has clarified the language
                                                  Regulations (CFR) 155.4052. These                                                                             within the definition to more closely
                                                  updates appear throughout the                              Additional Time to Review the                      align with the NRT guidance.
                                                  Guidelines in applicable sections.                      Guidelines: One commenter asked for an                   Use of the Acronym ‘‘OSRO’’ in PREP
                                                     NTV Additions: The PREP Guidelines                   extended review period as they were not               Terminology: One commenter stated
                                                  now include guidance for exercises for                  aware of the previous posting of the                  that the acronym ‘‘OSRO’’ was being
                                                  NTV response plans, in response to                      Guidelines in the Federal Register.                   used for two different terms and
                                                  regulatory requirements at 33 CFR                          Response: In addition to the comment               definitions, i.e., ‘‘Oil Spill Removal
                                                  155.5060.                                               in the docket, the NSCC has received                  Organization’’ and ‘‘Oil Spill Response
                                                     Use of Alternative Worst Case                        numerous comments through other                       Organization,’’ which can create
                                                  Discharges (WCD) Scenarios during IMT                   channels requesting additional time to                confusion.
                                                  Exercises: The draft Guidelines have                    review the Guidelines. This version of                   Response: The NSCC has removed the
                                                  been revised to allow for alternative                   the Guidelines is being released today                definition for Oil Spill Response
                                                  WCD scenarios to be exercised. Some                     for public comment by the NSCC for a                  Organization from the Guidelines. The
                                                  Facilities and Complex Facilities have                  period of sixty days to accommodate the               acronym ‘‘OSRO’’ now only refers to an
                                                  more than one possible WCD, for                         numerous requests.                                    Oil Spill Removal Organization as
                                                  example a storage tank and a pipeline                      Aligning PREP Terminology and                      defined in this latest version of the draft
                                                  section. Such plan holders are                          Processes with Other National Exercise                PREP Guidelines.
                                                  encouraged to consider adverse                          Programs: Three commenters                               Use of Electronic Messaging for
                                                  environmental impacts and to exercise                   recommended aligning the PREP                         Qualified Individual (QI) Notification
                                                  more than just their largest volume                     Guidelines with various elements of the               Exercises (Section 2): One commenter
                                                  WCD scenario.                                           Homeland Security Exercise and                        requested that electronic messaging be
                                                     Exercise Frequency: The draft                        Evaluation Program (HSEEP).                           allowed as a primary means for
                                                  Guidelines have been updated to ensure                     Response: The NSCC has decided to                  notifying QIs of a spill.
                                                  consistency among NSCC agencies                         adopt certain terminology from HSEEP                     Response: The NSCC has reviewed
                                                  regarding the frequency of equipment                    in order to better align the two                      the language within the draft PREP
                                                  deployment exercises. In particular, the                programs, especially where HSEEP                      Guidelines and has determined that the
                                                  frequency of deployment exercises for                   terms are more reflective of the lexicon              language will remain the same. The
                                                  equipment that is owned by the facility,                used today within the National Incident               NSCC determined that voice should
                                                  operated by Oil Spill Removal                           Management System. As a result, the                   remain the primary means of
                                                  Organizations (OSROs), and listed in                    term ‘‘SMT’’ has been replaced by the                 communication because it quickly
                                                  EPA-regulated plans has been changed                    term ‘‘IMT.’’ The term ‘‘TTX’’ has also               confirms that the notification has been
                                                  from annually to semi-annually. This                    been replaced with the term ‘‘exercise.’’             received, and allows for immediate
                                                  change will ensure the readiness of                     Recommendations for replacing other                   questions that may save time in
                                                  equipment that is not regularly used in                 terms, such as changing deployment                    emergencies; however, electronic
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                                                  actual spill response operations.                       ‘‘exercises’’ to ‘‘drills,’’ were not                 messaging is an acceptable alternative if
                                                     Oil Spill Surveillance and Tracking                  adopted because the NSCC did not want                 voice is unavailable. Confirmation of
                                                  Systems: USCG and BSEE regulations                      to introduce confusion by changing                    notification must be received with any
                                                  require plan holders to ensure available                established, recognized terms. The                    communication method.
                                                  resources for oil spill surveillance and                NSCC also did not believe it was within                  Equipment Deployment Exercises and
                                                  tracking. The PREP Guidelines establish                 the scope of the existing PREP mandate                Lessons Learned Regarding Equipment
                                                  a list of the types of equipment to be                  under OPA90 to completely adopt the                   Performance: One commenter noted a
                                                  exercised during internal deployment                    HSEEP exercise design and evaluation                  concern regarding the conditions under


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                                                                                Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices                                         10707

                                                  which equipment deployment exercises                    that the revised version no longer                    Multi-Agency Regulated Facility and
                                                  are conducted, as well as the lack of                   included this information.                            Vessel Comments
                                                  mechanisms in place to capture field                       Response: The statement ‘‘Only 50                    Complex Facilities Regulated by More
                                                  deployment information. This                            feet of this type of boom need be                     Than One Federal Agency: One
                                                  commenter recommended that the                          deployed’’ has been included in this                  commenter raised concern that complex
                                                  USCG and BSEE develop a standard                        latest version of the draft Guidelines.               facilities are addressed by WCD
                                                  system to evaluate the performance of                      Government-Initiated Unannounced                   amounts and not in average most
                                                  spill response equipment under a range                  Exercises (GIUEs): One commenter drew                 probable discharge (AMPD) or
                                                  of environmental conditions and                         attention to the fact that guidelines for             maximum most probable discharge
                                                  capture that information in a lessons                   GIUEs are agency-specific and that the                (MMPD).
                                                  learned database.                                       NSCC gave a timeframe for when it will                  Response: The NSCC has updated the
                                                     Response: The primary purpose of the                 conduct unannounced exercises in the                  definitions for AMPD and MMPD with
                                                  PREP Guidelines is to provide guidance                  area.                                                 language about complex facilities
                                                  to industry on oil spill response                          Response: The timeframe has been
                                                  exercises as required by OPA 90. The                                                                          similar to WCD for complex facilities
                                                                                                          removed to harmonize the Guidelines.                  regulated by more than one federal
                                                  collection of information concerning the                   Area-Level Exercise Goals: One
                                                  performance of spill response                                                                                 agency.
                                                                                                          commenter noted that Area-level                         Agency Jurisdiction for PREP with
                                                  equipment in a database is outside the                  exercise goals appear aggressive and
                                                  scope of these Guidelines.                                                                                    Respect to Mobile Offshore Drilling
                                                                                                          that some Area-level exercises approach               Units (MODU) and Floating Production,
                                                     Dispersant-Related Objectives during                 a Spill of National Significance (SONS)
                                                  PREP Exercises: One commenter                                                                                 Storage, and Offloading (FPSO) Vessels:
                                                                                                          in scope and complexity, and                          One commenter asked for clarification
                                                  submitted an extensive set of                           recommended that the Guidelines limit
                                                  recommendations regarding the need to                                                                         of agency jurisdiction for PREP with
                                                                                                          exercises to a single day.                            respect to MODUs and FPSO vessels.
                                                  incorporate more specific dispersant-
                                                                                                             Response: NSCC members have                          Response: MODUs and FPSO vessels
                                                  related objectives in unannounced,
                                                                                                          determined that the language in the                   may be properly characterized as both
                                                  deployment, IMT, and Area-level
                                                                                                          PREP Guidelines will remain the same.                 offshore facilities and vessels. Multi-
                                                  exercises.
                                                     Response: Both BSEE and USCG                         The NSCC does not want to limit the                   function offshore units such as FPSOs
                                                  regulations have requirements                           flexibility of Area Committees in                     and MODUs are regulated by both USCG
                                                  concerning dispersant capabilities for                  designing exercises that meet their                   and BSEE with respect to these different
                                                  many of their plan holders. Most coastal                needs.                                                functions, and each agency will have its
                                                  Regional and Area Contingency Plans                        Testing Geographic Response Plans                  own separate jurisdiction and regulatory
                                                  (ACPs) now have preauthorization                        (GRPs) during PREP Exercises: One                     oversight of these functional areas. In
                                                  agreements in place for the use of                      commenter noted that GRPs and                         addition, the USCG and BSEE have
                                                  dispersants and in-situ burning. In order               Geographic Response Strategies (GRSs),                entered into a general Memorandum of
                                                  to ensure both government and industry                  which have been incorporated into                     Understanding (MOU), along with
                                                  preparedness to use all available                       many ACPs, should be incorporated into                specific Memorandums of Agreement
                                                  response countermeasures, the NSCC                      PREP, tested during deployment                        (MOAs), with respect to jurisdictional
                                                  incorporated additional recommended                     exercises, and the resultant data                     oversight. As such, it is up to each
                                                  guidance regarding dispersants and in-                  collected to be used to improve the                   agency to provide guidance regarding
                                                  situ burning into the various exercise                  GRPs/GRSs.                                            the applicability of its regulations and
                                                  objectives. In particular, the NSCC                        Response: The NSCC agrees that the                 PREP Guidelines. When MODUs and
                                                  included in the draft Guidelines an                     targeted testing of certain GRPs and                  FPSO vessels are conducting operations
                                                  exercise objective for industry IMT                     GRSs is a desirable preparedness                      as an offshore facility, the offshore
                                                  exercises to prepare and submit usage                   activity that could improve the quality               facility PREP Guidelines overseen by
                                                  plans for Federal On-Scene Coordinator                  of the strategies contained within an                 BSEE apply. When MODUs and FPSO
                                                  (FOSC) review and approval for each                     ACP. The PREP Guidelines cover the                    are operating as vessels, vessel PREP
                                                  chemical, biological, or in-situ burning                testing of response strategies at Section             Guidelines overseen by USCG apply.
                                                  countermeasure that is cited as a                       2, Guiding Principles, Subpart J, Area                BSEE and the USCG will work closely
                                                  response strategy within an Oil Spill                   Exercises. The NSCC encourages Area                   together to ensure a coordinated
                                                  Response Plan (OSRP) during the course                  Committees and FOSCs to consider                      approach to PREP guidance and
                                                  of their exercise cycle. The NSCC has                   exercising and evaluating GRPs as part                oversight with respect to these dual
                                                  similarly incorporated a specific                       of the Area Exercise Cycle, subject to                purpose entities whenever possible.
                                                  objective for Area-level IMT exercises to               their discretion and available funding.
                                                                                                             Removal of PREP Documentation and                  USCG-Regulated Vessels and Marine
                                                  prepare usage plans and
                                                                                                          Certification Forms from Appendix: One                Transportation-Related Facilities
                                                  recommendations for FOSC review and
                                                                                                          commenter raised concern about the                    Comments
                                                  approval for any chemical or biological
                                                  countermeasures or in-situ burning that                 removal of the forms from the PREP                      Economic Analysis for SMFF
                                                  are identified as response strategies in                Guidelines for documentation for self-                Requirements: Multiple commenters
                                                  the ACP. Finally, the NSCC has                          certification.                                        requested that an economic analysis be
                                                  provided additional guidance necessary                     Response: The forms were removed                   conducted for the PREP Guidelines
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                                                  for properly conducting internal                        from the PREP Guidelines to avoid the                 regarding the SMFF exercise
                                                  equipment deployment exercises of                       appearance that any particular form of                requirements.
                                                  dispersant and in-situ burning                          documentation was required. While the                   Response: The PREP Guidelines are
                                                  equipment and procedures.                               forms are no longer in the Guidelines,                voluntary guidelines that only provide
                                                     Tidal Seal Boom Deployment: One                      industry may choose to use those or any               optional, recommended methods for
                                                  commenter pointed out that under the                    other form or template, at their own                  complying with the existing regulatory
                                                  previous Guidelines, only fifty feet of                 discretion, for their internal                        requirements. As such, economic
                                                  tidal seal boom need be deployed and                    documentation.                                        analyses are not required to be prepared


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                                                  10708                         Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices

                                                  for the PREP Guidelines. The                            consultation services can be effectively                 Incident Management Exercises for
                                                  regulations themselves were subjected                   activated within one hour of the time                 Vessels—Participating Elements: One
                                                  to an economic analysis prior to their                  anyone in the response organization                   commenter suggested that the plan
                                                  promulgation.2                                          receives notification of the spill or                 holder be added to participating
                                                     To address the concern about the                     potential spill. The early initiation of a            elements of the IMT exercise for vessels
                                                  economic burden of new exercise                         situational assessment by a competent                 because plan holders should be aware of
                                                  requirements on vessel owners and                       SMFF professional may prevent                         the IMT capabilities and their own
                                                  operators, several modifications have                   potential spills from turning into spills,            requirements during an incident from
                                                  been made to the PREP Guidelines as                     and prevent actual spills from escalating             one of their vessels.
                                                  follows:                                                in size.                                                 Response: The USCG agrees that the
                                                     1. To comply with PREP Guidelines,                      Because of the short timeframe                     regulated party should be involved in
                                                  vessels must conduct a Remote                           involved and the vessel-specific                      the exercise, as reflected in the VRP. No
                                                  Assessment and Consultation Exercise                    response required, this exercise must be              change was necessary to reflect this.
                                                  for Vessels annually. PREP exercise                     conducted by each vessel covered under                   Shore-Based Salvage and Shore-
                                                  requirements for Remote Assessment                      the response plan.                                    Based MFF Exercises for Vessels—
                                                  and Consultation Exercises have been                       Remote Assessment and Consultation                 Separate or Combined Exercises:
                                                  more completely defined to improve the                  Exercises for Vessels—Participants:                   Multiple commenters requested that the
                                                  effectiveness of response planning for                  Several commenters expressed concern                  shore-based salvage and shore-based
                                                  this service.                                           that the PREP Guidelines’ remote                      MFF exercises not be held separately
                                                     2. PREP exercises for SMFF                                                                                 from IMT exercises. Some suggested
                                                                                                          assessment and consultation exercise
                                                  emergency lightering and MFF services                                                                         that the salvage and MFF exercises be
                                                                                                          description of participants did not
                                                  do not apply to NTVs with an oil                                                                              combined with each other since the
                                                                                                          reflect the process outlined in the VRP
                                                  capacity under 250 barrels.                                                                                   services for each will, in most cases, be
                                                     3. Plan holders may claim credit for                 which involves initial notification via
                                                                                                                                                                provided by the same primary resource
                                                  combined PREP exercises, incidents,                     the QI. In contrast, one commenter said
                                                                                                                                                                provider.
                                                  and in the case of SMFF, they may                       that since SMFF contractual agreements
                                                                                                                                                                   Response: To comply with the PREP
                                                  claim PREP exercise credit for non-                     are directly between the owner/operator               Guidelines, salvage and MFF
                                                  emergency equipment deployments                         and SMFF provider, the remote                         components of the VRP must be
                                                  during large-scale operations.                          assessment and consultation exercise                  exercised annually, either separately or
                                                     NTV and SMFF Definitions: Multiple                   participants should be the SMFF                       combined. IMT, salvage, and MFF
                                                  comments were received asking for                       provider and vessel owner/operator,                   exercises may also be combined.
                                                  clarification of the definitions related to             excluding the QI.                                        It is a basic PREP tenet that plan
                                                  new NTV and SMFF regulations. In                           Response: In response to these                     holders may claim credit for exercises
                                                  addition, one commenter noted that the                  comments, the PREP Guidelines’ new                    when conducted in conjunction with
                                                  PREP Guidelines emphasize spill                         remote assessment and consultation                    other exercises, and a proper record is
                                                  cleanup; however, the principle purpose                 exercise description reflects that                    generated. Credit should be claimed for
                                                  of SMFF is spill prevention and the                     participants should be consistent with                an actual response when the objectives
                                                  commenter requested that spill                          the VRP for notification/activation and               of the exercise(s) are met, the response
                                                  prevention language be included in the                  provision of remote assessment and                    is evaluated, and a proper record is
                                                  PREP Guidelines.                                        consultation services.                                generated. Third party salvage and MFF
                                                     Response: The following definitions                     Emergency Procedures Exercises for                 teams may provide documentation of
                                                  have been reviewed and/or updated                       Vessels—Participating Elements and                    their incidents and exercises to their
                                                  within the PREP Guidelines: Marine                      Applicability to SMFF Providers: One                  clients, and their clients may claim
                                                  Firefighting (MFF) Organization, Plan                   commenter asked for clarification about               credit for the portions of the exercise
                                                  Holder, Primary Resource Provider,                      whether or not the emergency                          that are applicable to their VRPs.
                                                  Resource Provider, Salvage                              procedures exercise includes SMFF                        Shore-Based Salvage and Shore-
                                                  Organization, SMFF Provider, and                        resource providers.                                   Based MFF Exercises for Vessels—
                                                  SMFF Response Services. The USCG                           Response: The PREP Guidelines’                     Participating Elements: Several
                                                  has replaced the words ‘‘spill response’’               description of On-Board Emergency                     commenters requested that the vessel
                                                  with ‘‘response, and ‘‘spill                            Procedures Exercise for vessels clearly               owner/operator be included as a
                                                  management’’ with ‘‘incident                            indicates that the exercise applies to                participating element for the shore-
                                                  management’’ throughout the document                    manned tank vessels and NTVs carrying                 based salvage and shore-based MFF
                                                  to reflect that certain exercises may not               oil as cargo or fuel, and that the                    exercises.
                                                  include a spill, but rather the prevention              participating elements are vessel                        Response: The management team, as
                                                  of a potential spill.                                   personnel. Both the PREP On-Board                     established in a plan holder’s VRP, must
                                                     Remote Assessment and Consultation                   Emergency Procedures Exercises and                    participate in PREP annual shore-based
                                                  Exercises for Vessels—Value: Multiple                   PREP’s Remote Assessment and                          exercises for salvage and for MFF. The
                                                  commenters questioned the value of the                  Consultation Exercises are based on                   vessel owner/operator is not necessarily
                                                  remote assessment and consultation                      scenarios found in the shipboard                      part of the management team
                                                  exercise. Others suggested that the                     response chapter of the VRP. These                    established in the VRP, but the vessel
                                                  exercise be applied to Vessel Response                  exercises may be conducted separately.                owner/operator (or representative) may
                                                  Plans (VRPs) instead of vessels.
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                                                                                                          PREP allows exercises to be combined,                 participate in the exercise.
                                                     Response: These exercises ensure that                and a vessel owner/operator may choose                   SMFF Equipment Deployment
                                                  professional remote assessment and                      to combine these two exercises to                     Exercises for Vessels—Participating
                                                                                                          multiply the benefits obtained in terms               Elements: Multiple commenters
                                                     2 Economic analysis information is found in the
                                                                                                          of reinforcing the procedures to achieve              requested removal of the requirement
                                                  preambles to the final rule for salvage and marine
                                                  firefighting (73 FR 80618, December 31, 2008) and
                                                                                                          quicker and more effective initial                    that all SMFF equipment-operating
                                                  the final rule for nontank vessel response plans (78    response to a spill or the threat of a                personnel participate in an annual
                                                  FR 60099, September 30, 2013).                          spill.                                                equipment deployment exercises


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                                                                                Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices                                         10709

                                                  because their routine work involves the                 comment indicated that requiring                      means for regaining control of a well
                                                  deployment of this equipment.                           notifications within two weeks of                     and securing a threatened or actual
                                                     Response: SMFF providers may claim                   beginning operations was too vague.                   discharge of oil, the PREP Guidelines
                                                  PREP exercise credit for operational                    Another comment raised a concern that                 allow for Regional BSEE Oil Spill
                                                  equipment deployments if exercise                       this two-week requirement may conflict                Preparedness Division (OSPD)
                                                  objectives are met and a proper record                  with provisions established by plan                   representatives to direct an OSRP holder
                                                  is documented. This would include                       holders in their OSRP. A third                        to conduct a deployment exercise of this
                                                  claiming credit for participation of all                commenter suggested that the elements                 equipment. As the scope and cost of
                                                  SMFF personnel that were involved in                    of information listed as objectives that              such deployment exercises can be quite
                                                  the operational deployment of the                       must be communicated during                           large, BSEE does not intend to require
                                                  equipment.                                              Notification Exercises greatly exceeds                plan holders or providers of source
                                                     SMFF Equipment Deployment                            what is currently contained within                    control, subsea containment, and
                                                  Exercises for Vessels—Exercise                          OSRPs or is required in the regulations.              supporting equipment to conduct
                                                  Documentation: One commenter                               Response: Due to the criticality of the            deployment exercises at the same semi-
                                                  recommended that all vessel plan                        spill notification process to an effective            annual or annual frequency as required
                                                  holders identifying a contracted SMFF                   response, BSEE strongly recommends                    for other spill response equipment.
                                                  provider in their response plans must be                testing the plan holder’s notification                BSEE also does not intend to routinely
                                                  able to document completion of SMFF                     processes very early in their operational             conduct GIUEs that include the
                                                  equipment deployment requirements.                      lifecycle, as well as preparing to gather             deployment of source control, subsea
                                                     Response: It is the vessel plan                      and convey as much pertinent                          containment, and supporting equipment
                                                  holder’s responsibility to ensure that the              information as possible, in the early                 as part of the scope of a GIUE; however,
                                                  contracted SMFF provider completes                      phase of an incident. BSEE has                        BSEE has the authority and retains the
                                                  PREP equipment deployment exercise                      amended the language to clarify that for              prerogative to require GIUEs that have
                                                  requirements. All vessel plan holders                   24-hour manned production facilities, a               the deployment of source control,
                                                  identifying a contracted SMFF provider                  Notification Exercise should be                       subsea containment, and/or supporting
                                                  in their response plans may claim PREP                  conducted within two weeks of                         equipment as an element of that
                                                  credit for their SMFF provider’s                        beginning production operations. BSEE                 exercise, or to require deployment
                                                  equipment deployment exercises                          did not amend the language that                       exercises of this equipment that are
                                                  following receipt of exercise                           pertains to mobile drilling units in this             coordinated in advance but have some
                                                  documentation from the provider.                        section, as BSEE believes that OSRPs                  elements and objectives that will remain
                                                     Equipment Deployment Exercises for                   should align, to the maximum extent                   undisclosed until the commencement of
                                                  Vessels—Regional Exercises: Some                        possible, with the guidance                           the exercise. As organizations that
                                                  commenters recommended a regional                       recommended in the PREP Guidelines,                   provide source control, subsea
                                                  approach to SMFF equipment                              which provide important additional                    containment, and supporting equipment
                                                  deployment exercises involving                          detail concerning the implementation of               cover multiple plan holders, credit for
                                                  exercises in the Atlantic, Gulf, and                    the regulations. BSEE acknowledges that               any deployment exercise successfully
                                                  Pacific regions, conducted on a                         the elements of information now                       conducted by such a service provider
                                                  rotational basis once every three years.                requested for a Notification Exercise is              will be extended to all plan holders who
                                                     Response: When an SMFF provider                      more detailed than the information that               contract with the provider for those
                                                  proposes to conduct regional large-scale                is currently required by the regulations.             services. This extension of credit does
                                                  equipment deployment exercises to                       As a result, BSEE has amended the                     not extend to IMT exercises where the
                                                  meet equipment deployment exercise                      language in this section to indicate that             management and oversight of source
                                                  requirements for their clients, the                     a plan holder should, rather than must,               control activities must be exercised to
                                                  provider should request Alternative                     communicate as many of the elements                   ensure proper integration with other
                                                  Planning Criteria (APC) approval from                   of information as possible during the                 surface response activities and the
                                                  the USCG for the proposed exercises as                  Notification Exercise.                                overall management of the incident.
                                                  described in 33 CFR 155.1055 and                           Deployment Exercises for Source                    These IMT exercises must include
                                                  155.5067.                                               Control, Subsea Containment, and                      interaction between officials from a plan
                                                     All vessel plan holders identifying a                Supporting Equipment: Two                             holder’s specific organization and its
                                                  contracted SMFF provider in their                       commenters raised concerns about                      IMT, including those officials who
                                                  response plans may claim PREP credit                    exercises involving source control and                would manage source control and
                                                  for their SMFF provider’s equipment                     subsea containment equipment. One                     subsea containment capabilities, and
                                                  deployment exercises following receipt                  commenter stated that there are high                  therefore should be conducted
                                                  of exercise documentation from the                      risks and time burdens associated with                separately and singularly for each
                                                  provider.                                               unannounced exercises of this                         OSRP.
                                                     GIUEs—SMFF Services: Multiple                        equipment, and questioned their utility                  GIUEs for BSEE-Regulated Facilities:
                                                  commenters recommended that GIUEs                       to demonstrate real readiness. One                    One commenter requested clarification
                                                  not apply to SMFF services.                             commenter stated that the costs                       regarding whether there is an annual
                                                     Response: SMFF GIUE requirements                     associated with conducting annual or                  limit to the number of GIUEs that are
                                                  have been removed from this revision of                 biennial deployment exercises for this                conducted by BSEE.
                                                  the PREP Guidelines, and will not apply                 equipment is too burdensome, and that                    Response: The previous PREP
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                                                  to SMFF services.                                       such exercises should only be                         Guidelines indicated that BSEE may
                                                                                                          conducted when there has been a                       exceed 50 GIUEs per year nationally. It
                                                  BSEE-Regulated Offshore Facilities                      material change to equipment design,                  is unlikely that BSEE would
                                                  Comments                                                provider, or means of deployment, or at               conceivably conduct 50 or more GIUEs
                                                    Notification Exercises for BSEE-                      a minimum frequency of five years.                    in any given year. There is no specified
                                                  Regulated Facilities: Three commenters                     Response: When source control,                     limit to the number of GIUEs that BSEE
                                                  raised concerns over the Notification                   subsea containment, and supporting                    may conduct in a calendar year. BSEE
                                                  Exercises for offshore facilities. One                  equipment are listed in an OSRP as a                  will use a number of factors that vary


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                                                  10710                         Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices

                                                  from year to year in order to determine                 published in order to comply with the                 purpose for 20 days from the date of this
                                                  the need to conduct GIUEs, and will use                 December 12, 1988 Court Order in                      Notice. Homeless assistance providers
                                                  risk-based decision-making tools                        National Coalition for the Homeless v.                interested in a review by HUD of the
                                                  whenever possible. The language in the                  Veterans Administration, No. 88–2503–                 determination of unsuitability should
                                                  revised Guidelines has been amended to                  OG (D.D.C.).                                          call the toll free information line at 1–
                                                  indicate that the number of GIUEs                          Properties reviewed are listed in this             800–927–7588 for detailed instructions
                                                  conducted by BSEE will be determined                    Notice according to the following                     or write a letter to Ann Marie Oliva at
                                                  by the BSEE OSPD Chief, and does not                    categories: Suitable/available, suitable/             the address listed at the beginning of
                                                  make any reference to a specific number                 unavailable, and suitable/to be excess,               this Notice. Included in the request for
                                                  that may be conducted in a given year.                  and unsuitable. The properties listed in              review should be the property address
                                                                                                          the three suitable categories have been               (including zip code), the date of
                                                  V. Request for Comments                                 reviewed by the landholding agencies,                 publication in the Federal Register, the
                                                    The NSCC members request public                       and each agency has transmitted to                    landholding agency, and the property
                                                  comments on the updated draft PREP                      HUD: (1) Its intention to make the
                                                                                                                                                                number.
                                                  Guidelines, which are available in                      property available for use to assist the
                                                  docket USCG–2011–1178 as described                      homeless, (2) its intention to declare the               For more information regarding
                                                  in the ADDRESSES section of this notice.                property excess to the agency’s needs, or             particular properties identified in this
                                                                                                          (3) a statement of the reasons that the               Notice (i.e., acreage, floor plan, existing
                                                    Dated: February 23, 2015.
                                                                                                          property cannot be declared excess or                 sanitary facilities, exact street address),
                                                  P.J. Brown,
                                                                                                          made available for use as facilities to               providers should contact the
                                                  Rear Admiral, U.S. Coast Guard, Assistant                                                                     appropriate landholding agencies at the
                                                                                                          assist the homeless.
                                                  Commandant for Response Policy.
                                                                                                             Properties listed as suitable/available            following addresses: Agriculture: Ms.
                                                  [FR Doc. 2015–04160 Filed 2–26–15; 8:45 am]
                                                                                                          will be available exclusively for                     Debra Kerr, Department of Agriculture,
                                                  BILLING CODE 9110–04–P                                  homeless use for a period of 60 days                  Reporters Building, 300 7th Street SW.,
                                                                                                          from the date of this Notice. Where                   Room 300, Washington, DC 20024,
                                                                                                          property is described as for ‘‘off-site use           (202)–720–8873; Air Force: Mr. Robert
                                                  DEPARTMENT OF HOUSING AND                               only’’ recipients of the property will be             E. Moriarty, P.E., AFCEC/CI, 2261
                                                  URBAN DEVELOPMENT                                       required to relocate the building to their            Hughes Avenue, Ste. 155, JBSA
                                                  [Docket No. FR–5828–N–09]                               own site at their own expense.                        Lackland, TX 78236–9853; NASA: Mr.
                                                                                                          Homeless assistance providers                         Frank T. Bellinger, Facilities
                                                  Federal Property Suitable as Facilities                 interested in any such property should                Engineering Division, National
                                                  To Assist the Homeless                                  send a written expression of interest to              Aeronautics & Space Administration,
                                                                                                          HHS, addressed to: Ms. Theresa M.                     Code JX, Washington, DC 20546, (202)–
                                                  AGENCY:  Office of the Assistant                        Ritta, Chief Real Property Branch, the
                                                  Secretary for Community Planning and                                                                          358–1124; (These are not toll-free
                                                                                                          Department of Health and Human                        numbers).
                                                  Development, HUD.                                       Services, Room 5B–17, Parklawn
                                                  ACTION: Notice.                                         Building, 5600 Fishers Lane, Rockville,                 Dated: February 19, 2015.
                                                                                                          MD 20857, (301)-443–2265 (This is not                 Brian P. Fitzmaurice,
                                                  SUMMARY:    This Notice identifies
                                                                                                          a toll-free number.) HHS will mail to the             Director, Division of Community Assistance,
                                                  unutilized, underutilized, excess, and
                                                                                                          interested provider an application                    Office of Special Needs Assistance Programs.
                                                  surplus Federal property reviewed by
                                                                                                          packet, which will include instructions
                                                  HUD for suitability for use to assist the                                                                     TITLE V, FEDERAL SURPLUS PROPERTY
                                                                                                          for completing the application. In order
                                                  homeless.                                                                                                     PROGRAM FEDERAL REGISTER REPORT
                                                                                                          to maximize the opportunity to utilize a              FOR 02/27/2015
                                                  FOR FURTHER INFORMATION CONTACT:                        suitable property, providers should
                                                  Juanita Perry, Department of Housing                    submit their written expressions of                   Suitable/Available Properties
                                                  and Urban Development, 451 Seventh                      interest as soon as possible. For
                                                  Street SW., Room 7266, Washington, DC                                                                         Building
                                                                                                          complete details concerning the
                                                  20410; telephone (202) 402–3970; TTY                    processing of applications, the reader is             Wyoming
                                                  number for the hearing- and speech-                     encouraged to refer to the interim rule               Jackson V.I.C.
                                                  impaired (202) 708–2565 (these                          governing this program, 24 CFR part                   644 N. Cache St.
                                                  telephone numbers are not toll-free), or                581.                                                  Jackson WY 83001
                                                  call the toll-free Title V information line                For properties listed as suitable/to be            Landholding Agency: Agriculture
                                                  at 800–927–7588.                                        excess, that property may, if                         Property Number: 15201510011
                                                  SUPPLEMENTARY INFORMATION: In                           subsequently accepted as excess by                    Status: Excess
                                                  accordance with 24 CFR part 581 and                     GSA, be made available for use by the                 Directions: TN825007, RPUID–B1252.002791
                                                  section 501 of the Stewart B. McKinney                  homeless in accordance with applicable                Comments: off-site removal only; 48+ yrs.
                                                  Homeless Assistance Act (42 U.S.C.                      law, subject to screening for other                     old; 1,472 sq. ft.; office; contamination ;
                                                  11411), as amended, HUD is publishing                   Federal use. At the appropriate time,                   wood stretchered; contact Agriculture for
                                                  this Notice to identify Federal buildings               HUD will publish the property in a                      more inf.
                                                  and other real property that HUD has                    Notice showing it as either suitable/                 Bridger-Teton Supervisor’s Office
                                                  reviewed for suitability for use to assist              available or suitable/unavailable.                    340 N Cache St.
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                                                  the homeless. The properties were                          For properties listed as suitable/                 Jackson WY 83001
                                                  reviewed using information provided to                  unavailable, the landholding agency has               Landholding Agency: Agriculture
                                                  HUD by Federal landholding agencies                     decided that the property cannot be                   Property Number: 15201510012
                                                  regarding unutilized and underutilized                  declared excess or made available for                 Status: Excess
                                                  buildings and real property controlled                  use to assist the homeless, and the                   Comments: off-site removal only; 50+ yrs.
                                                  by such agencies or by GSA regarding                    property will not be available.                         old; 10,080 sq. ft.; office; contamination;
                                                  its inventory of excess or surplus                         Properties listed as unsuitable will                 wood stretchered; contact Agriculture for
                                                  Federal property. This Notice is also                   not be made available for any other                     more inf.



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Document Created: 2015-12-18 13:14:23
Document Modified: 2015-12-18 13:14:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comment.
DatesComments must reach USCG by April 28, 2015.
ContactFor USCG: Mr. Jonathan Smith, Office of Marine Environmental Response Policy, 202-372-2675.
FR Citation80 FR 10704 

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