81_FR_21431 81 FR 21362 - National Preparedness for Response Exercise Program (PREP) Guidelines

81 FR 21362 - National Preparedness for Response Exercise Program (PREP) Guidelines

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range21362-21370
FR Document2016-08215

The U.S. Coast Guard (USCG) announces that the updated 2016 PREP Guidelines have been finalized and are now publicly available. The USCG is publishing this notice on behalf of the National Scheduling Coordination Committee (NSCC), which has been renamed and henceforth will be known as the PREP Compliance, Coordination, and Consistency Committee (PREP 4C). The PREP 4C is comprised of the same membership as was the NSCC, and includes representatives from the USCG under the Department of Homeland Security (DHS); the Environmental Protection Agency (EPA); the 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 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21362-21370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08215]


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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 of availability of updated PREP Guidelines.

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SUMMARY: The U.S. Coast Guard (USCG) announces that the updated 2016 
PREP Guidelines have been finalized and are now publicly available. The 
USCG is publishing this notice on behalf of the National Scheduling 
Coordination Committee (NSCC), which has been renamed and henceforth 
will be known as the PREP Compliance, Coordination, and Consistency 
Committee (PREP 4C). The PREP 4C is comprised of the same membership as 
was the NSCC, and includes representatives from the USCG under the 
Department of Homeland Security (DHS); the Environmental Protection 
Agency (EPA); the 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: The 2016 PREP Guidelines document will become effective on June 
10, 2016.

ADDRESSES: To view the 2016 PREP Guidelines 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 related docket BSEE-2014-0003 and may be viewed online 
using the same procedure.

FOR FURTHER INFORMATION CONTACT: 
    For USCG: Mr. Jonathan Smith, Office of Marine Environmental 
Response Policy, 202-372-2675.
    For EPA: Mr. Troy Swackhammer, Office of Emergency Management, 
Regulations Implementation Division, 202-564-1966.
    For BSEE: Mr. John Caplis, Oil Spill Preparedness Division, 703-
787-1364.
    For DOT/PHMSA: Mr. Eddie Murphy, Office of Pipeline Safety, 202-
366-4595.

SUPPLEMENTARY INFORMATION:

I. Acronyms

ACP Area Contingency Plan
API American Petroleum Institute
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
COTP Captain of the Port
DOI Department of the Interior
DOT Department of Transportation
EPA Environmental Protection Agency
EVC Equipment Preparedness Verification Capability
FE Functional Exercise
FOSC Federal On-Scene Coordinator
FR Federal Register
FRP Facility Response Plan
FSE Full-Scale Exercise
GIUE Government-Initiated Unannounced Exercise
GRP Geographic Response Plan
GRS Geographic Response Strategies
HSEEP Homeland Security Exercise and Evaluation Program
IMT Incident Management Team
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NIMS National Incident Management System
NSCC National Scheduling Coordination Committee
NSFCC National Strike Force Coordination Center
NTL Notice to Lessees
OCS Outer Continental Shelf
OPA 90 Oil Pollution Act of 1990
OSPD Oil Spill Preparedness Division
OSRO Oil Spill Removal Organization
OSRP Oil Spill Response Plan
PAV Preparedness Assessment Visit
PHMSA Pipeline and Hazardous Materials Safety Administration
PREP Preparedness for Response Exercise Program
PREP 4C PREP Compliance, Coordination, and Consistency Committee
QI Qualified Individual
RRT Regional Response Team
SSDI Subsea Dispersant Injection
TTX Tabletop Exercise
USCG U.S. Coast Guard
VRP Vessel Response Plan
WCD Worst Case Discharge

II. Background

    On February 22, 2012, the USCG invited comments and suggestions for 
updating the PREP Guidelines (77 FR 10542). The PREP 4C received public 
comments in docket number USCG-2011-1178. After considering those 
comments, the PREP 4C issued a draft update to the PREP Guidelines. The 
PREP 4C also issued a notice (79 FR 16363, March 25, 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 PREP 
4C reviewed the comments received in docket BSEE-2014-0003, and on 
February 27, 2015, published a subsequent notice and request for 
further comment on the updated draft PREP Guidelines again in docket 
USCG-2011-1178 (80 FR 10704). The PREP 4C considered the comments 
received in docket USCG-2011-1178, and today announces the availability 
of an updated and final version of the 2016 PREP Guidelines. This 
notice also responds to the latest round of comments that was received 
in the USCG docket in response to the February 27, 2015 notice.

III. Summary of Comments and Changes

    When the USCG, on the behalf of the PREP 4C, requested public 
review of the second updated draft of the PREP Guidelines in its 
February 2015 notice at 80 FR 10704, the USCG received 77 comment 
submissions from government agencies, regulated communities, private 
industry, and non-governmental organizations. All of the comments

[[Page 21363]]

received are posted on http://www.regulations.gov, under docket number 
USCG-2011-1178. This document summarizes and responds to those comments 
that were within the scope of the proposed update.
    Since the February 27, 2015 publication of the updated draft PREP 
Guidelines and Federal Register notice (80 FR 10704), the NSCC has been 
reconstituted and renamed the PREP 4C. While the Committee is comprised 
of same membership agencies, it has adopted a new charter that 
established Committee Co-Chairs from the USCG and the EPA, and created 
a comprehensive oversight agenda for the administration of the PREP 
program. Published materials regarding the PREP 4C and the PREP program 
will be available online at the National Strike Force Coordination 
Center (NSFCC) Web site.
    The PREP 4C has incorporated numerous changes into the 2016 PREP 
Guidelines document as a result of public comments. In the following 
sections, we summarize the most recent comments received and the 
changes that the PREP 4C has made in promulgating the 2016 PREP 
Guidelines.
    Two commenters requested a public meeting. The PREP 4C discussed 
this request, and given that there were three rounds of public comments 
in the Federal Register, it was determined that a public meeting was no 
longer necessary.

A. Summary of Changes

    Revised Formatting of the PREP Guidelines Document: The formatting 
of the PREP Guidelines has been updated to provide consistency and ease 
of use throughout the entire document.
    The Definition of an Oil Spill Removal Organization (OSRO): 
Numerous commenters suggested the need to clarify the different types 
of providers that should be considered OSROs for the purposes of PREP. 
The definition of an OSRO has been updated to include, and better 
describe, a broader range of response resources and services, including 
source control, all spill countermeasures, and supporting services that 
an OSRO may provide in order to adequately contain, secure, recover, or 
mitigate a discharge of oil. While the nature of OSROs has evolved over 
time, the OSRO definitions in the Code of Federal Regulations (CFR) 
have not changed and are different from agency to agency. For the 
purposes of the PREP Guidelines, the OSRO definition has been broadened 
to be more inclusive, to reflect that multiple response options are 
available, and to ensure that the needs of all involved in PREP are 
met. This definition is not intended to conflict with the regulations.
    Plan Holder Exercises: Commenters indicated that the terms 
``internal'' and ``external'' as used to describe different types of 
PREP exercises were confusing. The PREP 4C agrees. As a result, 
``internal'' exercises, as described in the previous Guidelines, are 
now referred to as ``plan holder'' exercises. For the purpose of the 
Guidelines, plan holder exercises are conducted to evaluate the 
industry-specific oil spill response plans. This includes regulated 
vessels, pipelines, railcars, and facilities. Plan holder exercises may 
involve both internal and external entities, and may be initiated by 
either the plan holder or by a government agency, but are all conducted 
as part of the plan holder's triennial exercise cycle to test the 
response plan and overall preparedness. The term ``external'' will no 
longer be used to describe a type of exercise under PREP. A table has 
been added to the PREP Guidelines (Appendix B) to further address the 
confusion between internal and external exercises. Further, this table 
is a crosswalk between PREP and the Homeland Security Exercise and 
Evaluation Program (HSEEP) and can be used as a Quick Reference Guide 
for the requirements for any particular type of PREP Exercise.
    PREP versus Regulation Terminology: Commenter's noted some 
inconsistency with respect to terminology between the PREP Guidelines 
and the regulations. PREP4C 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).'' For example, 
an SMT tabletop exercise (SMT TTX) will now be called an IMT exercise. 
Much of the exercise terminology was updated to align with the HSEEP. 
This does not imply new or different requirements from the regulations, 
but rather provides a ``synonym'' that is consistent with nationwide 
exercise terminology.
    Area-Level Exercises: Area-level exercises evaluate the components 
of an Area Contingency Plan (ACP). Additional HSEEP terminology is 
being adopted for Area-level exercises, and may also be used by 
industry plan holders at their discretion. Single functional tests, 
such as Area-level notification exercises and equipment deployments, 
will now be referred to as ``drills.'' Area IMT exercises may be 
conducted as appropriate ``discussion-based'' exercises, which would 
include TTXs, workshops, and seminars. Major Area-level exercises 
designed to test the ACP and the entire response community will now be 
conducted on a quadrennial cycle as ``operations-based, functional or 
full-scale exercises (FE/FSEs).''
    Planning for Area FE/FSEs: This revision of the Guidelines also 
changes the context and terminology that will be used to plan Area FE/
FSEs. In the past, the planning for approximately one third of the Area 
FE/FSEs was led by the government partners in the Area Committee 
(``Government-led''), with a single industry plan holder as an exercise 
partner. Industry plan holders traditionally led the remaining two 
thirds of these exercises (``Industry-led''), with the Area Committee 
as an exercise partner. Under these revised Guidelines, those terms 
will no longer be used within the PREP system; the planning for all 
Area FE/FSEs should be a considered a joint and shared responsibility 
between the government members of the Area Committee and industry plan 
holders (and their contracted OSROs). Regardless of the division of 
labor that is enacted for planning any specific Area FE/FSE, a joint 
exercise design team composed of all the exercise planning partners 
should develop the FE/FSE scope, scenario, and objectives. The joint 
FE/FSE design team should be comprised of representatives from Federal 
Government agencies, state and local government agencies, the local 
response community, and an industry plan holder. If applicable, tribal 
entities will be invited to participate. The lead planning element, if 
one is designated, will coordinate the overall execution of the Area 
FE/FSE; however, it remains the ultimate responsibility of the Area 
Committee and the Area Committee Chair to ensure that the Area FE/FSE 
is completed in accordance with the PREP Guidelines and the quadrennial 
schedule. The lead planning partner and the Area Committee Chair will 
share the decision-making responsibility for the design of the 
exercise, including the scope, scenario, and objectives. The goal of 
the PREP is to conduct an Area FE/FSE for each Area Contingency Plan 
during each quadrennial cycle.
    The Guiding Principles Section of the Guidelines now includes 
additional information regarding the planning of Area FE/FSEs and also 
for evaluating incident-based Area exercise credit requests. In 
particular, Area FE/FSEs should involve a scenario that addresses the 
scope and complexity of, at a minimum, a complex Incident Command 
System (ICS) Type 3 Incident.
    Shared Credit for OSRO Equipment Deployment Exercises: Additional

[[Page 21364]]

information has been included in the Guiding Principles Section on 
sharing credit between plan holders for equipment deployment exercises 
conducted by OSROs. Due to the large number of plan holders 
participating in PREP, and the burden it would put on OSROs to conduct 
separate equipment deployment exercises on behalf of each plan, it has 
become an accepted practice for OSROs to conduct equipment deployment 
exercises on behalf of all their plan holders. In such circumstances, 
exercise credit can be extended to and shared amongst all the plan 
holders for the deployment of that specific OSRO equipment and 
personnel in a specific location (USCG Captain of the Port (COTP) zone, 
Regional Response Team (RRT) region, EPA ACP area, or EPA subarea), 
provided that each plan holder has contracted for the use of the 
equipment and personnel that was exercised. Where exercise credit is 
extended to all the plan holders who are clients for an OSRO's 
equipment deployment exercise, each type of response equipment being 
deployed in this manner should be exercised on an annual basis.

B. Summary of Select Comments and Responses

General Comments
    Aligning PREP Terminology and Processes with Other National 
Exercise Programs: Three commenters recommended aligning the PREP 
Guidelines with various elements of the HSEEP.
    Response: The PREP 4C 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 (NIMS). In the previous revision of the 
Guidelines, the PREP 4C changed certain exercise-related terms. In 
particular, the term ``Spill Management Team (SMT)'' was replaced by 
the term ``Incident Management Team (IMT).'' The term ``tabletop 
exercise (TTX)'' was temporarily removed; however, in response to the 
public comments, the term has been reinstated in the Guidelines as a 
proper reference to a type of discussion-based exercise that is 
appropriate for IMT exercises. The 2016 PREP Guidelines incorporate a 
number of additional HSEEP terms and concepts with respect to the Area-
level exercises. However, the PREP 4C did not believe it was within the 
scope of the existing PREP mandate to completely adopt the HSEEP 
exercise design and evaluation processes. While the PREP 4C would 
encourage plan holders to consider adopting various HSEEP best 
practices.
    Differences in Terminology between PREP and Agency-specific OPA 
Implementing Regulations: Multiple comments noted some inconsistencies 
between terminology now being used in the 2016 PREP Guidelines and the 
regulations promulgated by different agencies that contain the 
requirement for exercising oil spill response plans.
    Response: Exercise terminology that was updated to align with the 
HSEEP does not imply in any way new or different requirements than what 
is contained in regulations; rather, these terms should be viewed and 
treated as ``synonyms'' that have been adopted to ensure that the PREP 
program is consistent and easily compared to nationwide exercise 
terminology used in most other current programs. PREP 4C made every 
effort to ensure that terminology is as straightforward and 
transferable as is practical, and has developed a table in the PREP 
Guidelines (Appendix B) in order to provide a crosswalk and quick 
reference guide between the exercise types in PREP and HSEEP 
terminology.
    Use of the Term ``Containment'': One commenter stated that the 
addition of source control and subsea containment equipment into the 
PREP Guidelines document requires the use of the word ``containment'' 
to be defined everywhere in the document as either subsea or surface.
    Response: The PREP 4C acknowledges that the term ``containment'' 
can be used in the context of containing oil on the water's surface as 
well as containing oil under water. Wherever the word containment is 
used in the context of containing oil under the water's surface, the 
word ``subsea'' will precede the word ``containment''. Where the word 
``containment'' is used by itself, it is presumed to be associated with 
efforts to contain oil on the water's surface.
    Use of Electronic Messaging for Qualified Individual (QI) 
Notification Exercises: One commenter requested that electronic 
messaging be allowed as a primary means for notifying QIs of a spill.
    Response: The PREP 4C has reviewed the language within the draft 
PREP Guidelines and determined that the language will remain the same. 
The PREP 4C determined that verbal notification 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. Electronic messaging is an acceptable 
alternative if voice is unavailable; however, confirmation of 
notification must be received.
    Equipment Deployment Exercises and Lessons Learned Regarding 
Equipment Performance: One commenter noted a concern regarding the 
conditions under 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. Collecting 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 
requested that the Guidelines clarify what activities should be 
conducted by dispersant providers by using the term ``dispersant 
service OSROs'' in various places in the document, including in the 
objectives for IMT and equipment deployment exercises.
    Two commenters submitted extensive recommendations to incorporate 
additional specific dispersant-related objectives in unannounced, 
deployment, and IMT exercises.
    Response: The PREP 4C determined that the best way to provide 
clarity on this issue was to broaden the definition of OSRO to include 
all providers that offer any and all spill response resources designed 
to contain and secure a discharge, and recover or mitigate the impacts 
of the spilled oil through various countermeasures and supporting 
services, including mechanical recovery, in-situ burning, dispersants, 
bioremediation, salvage, source control, and other response services 
directly supporting the incident such as aerial surveillance and remote 
sensing. As such, the use of term OSRO in the Guidelines should be 
interpreted broadly to apply to providers that render any and all such 
services, unless it is specifically stated in the language of a 
particular section to be applicable to a smaller subset of such 
providers.
    Both BSEE and USCG regulations have requirements concerning 
dispersant capabilities for many of their plan holders. In order to 
ensure both government and industry are prepared to use all available 
response countermeasures, the PREP 4C incorporated additional guidance

[[Page 21365]]

regarding dispersants and in-situ burning into various exercise 
objectives, as applicable. In particular, BSEE had included in the 
previous version of the draft Guidelines an exercise objective for 
industry IMT exercises to prepare and submit usage plans for each 
chemical, biological, or in-situ burning countermeasure that is cited 
as a response strategy within oil spill response plans (OSRP) during 
the course of their exercise cycle. BSEE has now added to that 
objective a recommendation to prepare Daily Dispersant Application 
Plans using the template contained in American Petroleum Institute 
(API) Technical Report 1148, or an equivalently structured document, 
for surface-applied dispersants. BSEE has also added language to the 
IMT exercise objectives for offshore facilities that would involve the 
submission of a subsea dispersant injection (SSDI) application request, 
a usage and monitoring plan, and an overall dispersant stockpile 
management plan. The USCG has also adopted language in their IMT 
exercise requirements for preparing usage plans for chemical, 
biological, or in-situ burning countermeasures.
    Deployment of Dispersant Equipment: One commenter recommended 
clarifying the requirements for the deployment of dispersant equipment 
by including wording specific to deploying ``dispersant capabilities'' 
in the list of objectives for each of the various agency sections.
    Response: Specific guidance regarding the deployment of dispersant 
equipment is adequately articulated in the Guiding Principles Section 
and does not need to be repeated throughout each agency section of the 
Guidelines.
    Dispersant Deployment Exercises: One commenter recommended that 
dispersant deployment exercises should include testing of flight 
tracking and recording systems, key communications equipment, and flow 
control and reporting systems, and that dosage charts should be 
verified. One commenter suggested that every dispersant aircraft should 
be deployed annually.
    Response: The PREP 4C added language to the Guiding Principles 
regarding the deployment of dispersant equipment to include the testing 
of flight tracking and recording systems, key communications gear, and 
flow control and reporting systems. The PREP 4C believes that verifying 
dosage charts is beyond the scope of an equipment deployment exercise, 
and should be addressed through an OSRO's maintenance program and 
verified, if necessary, through audits conducted by the USCG during 
Preparedness Assessment Visits (PAVs) or by BSEE during Equipment 
Preparedness Verification Capability (EVC) meetings. The PREP 4C also 
believes that requiring every dispersant aircraft to be deployed in an 
exercise annually is not in alignment with existing agency regulatory 
requirements or the overall PREP Guidelines regarding the deployment of 
equipment. PREP states that each type of dispersant system should be 
deployed in a triennial cycle, unless that equipment is being deployed 
by an OSRO on behalf of all plan holders for shared credit. In cases of 
shared credit deployment exercises, each type of dispersant application 
system would need to be deployed by an OSRO annually, but not each 
individual dispersant spraying or spotter aircraft.
    Reducing the Frequency of Equipment Deployment Exercises for 
Facility-owned Equipment: One commenter suggested that facilities that 
have company-owned response equipment onsite that is operated by an 
OSRO be required to conduct only one equipment deployment exercise per 
year.
    Response: The USCG, EPA, and other PREP 4C members disagree with 
this suggestion. Facility-owned equipment is stored at a single 
facility and is not used frequently for response or preparedness 
activities like other OSRO equipment; therefore, such equipment should 
be exercised twice annually to ensure its serviceability is properly 
maintained. It should be noted that EPA's requirement on plan holder 
equipment deployment frequency in Section 4 remains the same as USCG's.
    Deployment Exercises for In-Situ Burning Equipment: One commenter 
indicated that a deployment exercise of in-situ burning equipment 
should not require Federal On-Scene Coordinator (FOSC) approval.
    Response: The PREP 4C agrees. The requirement for FOSC approval has 
been removed and the language clarified to indicate that the burning of 
oil during an equipment deployment exercise is not allowed. The 
deployment of in-situ burning equipment by itself that does not involve 
any discharge or burning of oil does not require any government 
approval in order to be conducted. The discharge of oil for the 
purposes of conducting in-situ burning research is not permitted and is 
outside of the scope of the PREP Guidelines.
    Worst Case Discharge (WCD) Definition/Area Exercise Scenario 
Design: Several comments were submitted regarding the need to 
substitute a WCD with a near WCD that occurs in a high sensitivity 
environment.
    Response: WCD is defined in the CWA, and further defined in each 
agency's regulations and cannot be changed by the PREP Guidelines. PREP 
4C believes, however, that preparedness is a function of many variables 
besides spill volume. As such, PREP 4C believes that Area Committees 
should have flexibility when designing an Area FE/FSEs scope and 
scenario as long as the exercise tests the elements of the plan that 
would similarly be required in responding to a WCD, consistent with the 
guidance for ACPs as described in 40 CFR 300.210(c). Focusing on a 
complex ICS Type 3 or greater incident will ensure that the critical 
elements outlined by the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP) are considered and exercised.
    Government-Initiated Unannounced Exercises (GIUEs): Multiple 
comments were received requesting clarification of the requirements for 
plan holder participation in GIUEs for multiple vessels or facilities 
covered under a single plan.
    Response: The language in Section 2, Guiding Principles, has been 
updated to clarify guidance regarding participation in GIUEs for plan 
holders that have plans covering multiple vessels and facilities. A 
facility that has successfully completed a GIUE will not be required to 
participate in another GIUE for at least 36 months; however, other 
facilities covered in the same plan are still subject to GIUES at any 
time. A vessel that has successfully completed a GIUE will not be 
required to participate in another GIUE in any COTP zone for 36 months. 
Other vessels under that same plan will not be required to complete 
another GIUE in that same COTP zone for 36 months. Other vessels in the 
same plan may be subject to a GIUE in another COTP zone at any time.
    Frequency of GIUEs: One commenter suggested including a frequency 
for agencies to conduct GIUEs, stating that all agencies should have a 
minimum number of GIUEs that are to be conducted.
    Response: The frequency or number of GIUEs conducted by each agency 
is outside the scope of the PREP Guidelines. It is up to each agency to 
determine its policy regarding GIUEs based upon available resources, as 
well as preparedness and compliance monitoring needs.
    Publication of USCG GIUE Results: One commenter suggested that each 
USCG Sector should be required to publish their GIUE results and the 
findings from each exercise annually in

[[Page 21366]]

a public venue. This would allow interested parties to verify that the 
required number of unannounced exercises were conducted, as well as 
ensure that lessons learned from each of those exercises are shared for 
the overall benefit of industry's continuous improvement process in oil 
spill response.
    Response: USCG disagrees with publishing GIUE results because they 
are considered compliance monitoring activities. In discussions with 
PREP 4C, all agencies agreed to emphasize to their field personnel that 
each Area Committee should discuss general GIUE trends within their 
area of responsibility to assess overall preparedness and share lessons 
learned.
    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 PREP 4C 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 in Section 2, 
Guiding Principles, Area FE/FSE Exercises. The PREP 4C 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.
    Appendix A. Core Components for Exercising Response Plans: One 
commenter indicated that Appendix A was out of date and needed 
significant updates.
    Response: The PREP 4C reviewed the content and organization of 
Appendix A and made a number of adjustments to the Appendix. Language 
was inserted into the Guiding Principles Section that strengthens the 
connection between the plan holder exercise cycles and Area exercise 
cycles, and the need to exercise each Core Component as appropriate. 
Appendix A was retitled as ``Core Components for Exercising Response 
Plans'' to place more emphasis on using the Appendix as a tool for 
designing and evaluating exercises, in addition to serving as a 
compliance measure for a plan holder's or Area Committee's execution of 
their exercise cycles. The ``Source Control'' Core Component was 
revised to include well control activities. The ``Recovery'' Core 
Component was retitled ``Mitigation,'' and the supporting language was 
broadened to clarify that mitigation may include the use of various 
spill countermeasures, including, but not limited to, dispersants, in-
situ burning, and bioremediation, in addition to mechanical oil 
recovery.
USCG-Regulated Facilities/Vessels Comments
    GIUEs: Federal versus State/Local Requirements: Several commenters 
noted that many local/state governments retain their own exercise and 
resource requirements and that these local/state mandates need to be 
considered in the PREP Guidelines.
    Response: The USCG disagrees that state and local requirements be 
incorporated into the PREP Guidelines; however the USCG does agree that 
coordination among local, state, and federal stakeholders is optimal to 
minimize burden on industry. A state's right to administer its own 
regulatory program within the confines of federal and state laws must 
be respected. As such, programs can coexist as distinct programs with 
separate, different standards. It is vitally important not to blend the 
two programs and blur the lines between state and federal 
jurisdictions. In the spirit of minimizing impacts to industry and 
promoting overall government efficiency, USCG-specific instruction/
guidance on conducting GIUEs does indeed promote coordination with EPA, 
and state and local agencies. Conducting a ``joint'' exercise may 
reduce the burden on the regulated plan holder, but various regulatory 
participants (USCG, EPA, state, etc.) may have distinctly different 
objectives and standards unique to their respective regulations.
    Scope/Emphasis of GIUEs: One commenter suggested that USCG GIUEs 
should focus more on the aspects of a plan holder's preparedness than 
on the arrival and deployment times of response equipment.
    Response: In general terms, the USCG agrees. The PREP Guidelines 
have been synchronized with new USCG GIUE policy. Language in Section 2 
for USCG and EPA GIUEs stresses multiple components for successful 
completion of GIUE, not just arrival and deployment of equipment, 
particularly for inland plan holders.
    Fleet Limits for GIUEs: There were several comments regarding the 
burden/expense of vessel GIUEs and the need to identify fleet limits 
(if all vessels fall under the same plan).
    Response: The USCG acknowledges the concerns expressed regarding 
the burden posed by vessel GIUEs. The PREP Guidelines have been updated 
to include language clarifying GUIE limits. Each Vessel Response Plan 
(VRP) (which may include multiple vessels), is restricted to one GIUE 
per 36 months per COTP zone. A vessel that successfully completes a 
GIUE may not be targeted for a GIUE anywhere for 36 months. Other 
vessels falling under the same VRP are eligible for a GIUE in other 
COTP zones, provided the plan number has not otherwise been subject to 
a GIUE within the last 36 months.
    Vessel Response Plan Exercise Frequencies and Economic Burden: Many 
comments were focused on the economic impacts of conducting numerous 
exercises (including GIUEs, equipment deployment, and remote assessment 
and consultation exercises).
    Response: The USCG acknowledges the concerns expressed regarding 
the economic burden posed by VRP exercise frequencies. As the PREP 
Guidelines are implementing guidance for existing regulatory 
requirements, an economic analysis is not required for the Guidelines. 
The PREP guidelines do not add to the economic burden of complying with 
the existing regulations and may, in fact, provide some economic relief 
through reasonable accommodations that still meet the intent of the 
regulations. Specific examples include:
    Remote Assessment and Consultation Exercises. The frequency of 
remote assessment and consultation exercises is significantly reduced 
in PREP, from quarterly to annually per vessel when the vessel operates 
in U.S. waters. The economic burden of this exercise on vessel 
stakeholders is correspondingly reduced. Annual per vessel credit is 
appropriate for remote assessment and consultation exercises to ensure 
that each vessel in the fleet would have the opportunity to simulate 
initiation of a remote assessment and consultation assessment each 
year.
    Equipment Deployment Exercises. Credit for equipment deployment 
exercises for salvage and marine firefighting services may be claimed 
for real world operations, when documented as outlined in Chapter 3. 
This also applies to traditional oil spill recovery and storage 
equipment. Granting credit to world events and operations in lieu of 
conducting traditional exercises optimizes resources and time. This 
practice allows the resource provider to realize income from the 
practical use of the equipment on an actual project while 
simultaneously meeting equipment deployment exercise requirements for 
their vessel owner or operator clients.
    Government-Initiated Unannounced Exercises. The PREP guidelines 
clarify vessel GIUE target selection and

[[Page 21367]]

eligibility criteria. PREP articulates that the regulatory GIUE 
limitation of 1 GIUE per 36 months applies to a VRP (and the entire 
fleet of vessels covered under it) vice an individual vessel. More 
specifically, if a unique vessel is subject to a GIUE, the entire fleet 
of vessels covered under the same VRP is exempt from GIUEs for 36 
months in the COTP Zone in which it was conducted. It is important to 
note that the 36 month GIUE limitations described above are based on 
successful completion of GIUEs only. If a GIUE is deemed unsuccessful, 
the 36 month exemption period does not apply.
EPA-Regulated Facilities Comments
    Scope of Emergency Procedures Exercise: One commenter indicated 
that the scope of an emergency procedures exercise is not defined in 
the Guidelines.
    Response: This exercise is optional for EPA-regulated facilities. 
The scope and objectives of an emergency procedures exercise have not 
changed and are outlined in Section 4 of the PREP Guidelines.
    Frequency of Equipment Deployment Exercises: One commenter 
indicated that the frequencies for equipment deployment exercises for 
EPA Facility Response Plan (FRP) facilities need clarification.
    Response: Frequencies for equipment deployment exercises are either 
annual or semi-annual based on ownership of the response equipment, and 
are clearly specified in Section 4 of the PREP Guidelines; this 
requirement has not changed.
DOT-Regulated Facilities Comments
    Inclusion of Guidance for Railcars in the PREP Guidelines: One 
commenter submitted several comments regarding the inclusion of new 
exercise and training guidance for railroads having railcars with 
capacities of 3,500 gallons or more.
    Response: The inclusion of railcar-specific exercise guidance will 
not be addressed in the PREP Guidelines until new requirements have 
been promulgated in the CFR by PHMSA. PHMSA may address the inclusion 
of railcars in a future update of the PREP Guidelines. However, 
railroads may voluntarily use the PREP Guidelines described for PHMSA-
regulated facilities. In anticipation of new requirements for railcars, 
Section 5 of the PREP Guidelines has been broadened to allow for the 
inclusion of other DOT/PHMSA-regulated facilities.
BSEE-Regulated Offshore Facilities Comments
    Platforms for Drilling Relief Wells during PREP Exercises: Five 
commenters stated that during exercises, certain elements such as a 
drilling rig for implementing a relief well are assessed and documented 
regarding their availability, but are not actually contracted and 
mobilized.
    Response: BSEE agrees that in many exercises, the contracting and 
deployment of resources are simulated based on an assessment of their 
current availability. BSEE does not anticipate conducting any PREP 
exercises where a drilling platform necessary for a relief well would 
actually be expected to be contracted and mobilized for the purposes of 
successfully completing the exercise.
    Exercising Source Control and Subsea Containment Capabilities: Two 
commenters stated that exercising well control scenarios is currently 
not required under BSEE regulations.
    Response: BSEE disagrees. As outlined in Notice to Lessees (NTL) 
2010-N10 and NTL 2012-N06, 30 CFR part 254 requires a plan holder to 
describe in its plan, and then exercise, how it will respond to a WCD, 
including any equipment necessary to contain and recover the discharge. 
BSEE interprets this regulatory language to be inclusive of any 
resources necessary to contain and secure the source of a potential or 
actual discharge, which could include the use of well control 
capabilities such as capping stacks, cap and flow equipment, subsea 
containment devices, and other supporting equipment. As the specific 
actions for controlling and securing the source of the discharge 
through well control are not expressly delineated in the current 
regulations, BSEE will work to clarify expectations and requirements in 
the regulations in a future proposed rulemaking. In the interim, BSEE 
requires under 30 CFR part 254 that source control and subsea 
containment capabilities be available, and these capabilities must be 
included in a plan holder's exercise program.
    Source Control and Subsea Containment Equipment Providers: One 
commenter stated that entities that provide source control equipment 
should not be considered OSROs, as they often do not own the equipment 
or provide the people who might operate the equipment.
    Response: BSEE disagrees. The definition of an OSRO is very broad 
and may include many types of organizations, to include any entity that 
offers response resources necessary to abate, contain, mitigate, and/or 
recover any oil that may be discharged. OSROs may also include entities 
that provide various technologies, services, or equipment that support 
source control or spill response countermeasures. Therefore, for the 
purposes of PREP, BSEE considers organizations that provide source 
control equipment, personnel, and critical support services that may be 
necessary to secure a potential threat or actual discharge of oil into 
the water to meet the definition of an OSRO. Companies that 
manufacture, but do not operate their equipment during a spill, are not 
typically considered OSROs.
    Deployment Exercises for Source Control, Subsea Containment, and 
Supporting Equipment: One commenter requested that BSEE clarify that 
the guidance regarding equipment deployment exercises in Section 6.3 
and 6.4 does not apply to source control and subsea containment 
equipment.
    Response: The commenter is correct; the guidance on equipment 
deployment exercises in Section 6.3 and 6.4 does not apply to source 
control and subsea containment equipment. Section 6.5 was purposely 
added to the PREP Guidelines to specifically address source control and 
subsea containment equipment and prevent confusion with respect to the 
applicability of requirements within Section 6.3 and 6.4.
    Advance Planning for Source Control-related Deployment Exercises: 
One commenter suggested that BSEE consult with industry during the 
advance planning of any source control and subsea containment equipment 
deployment exercises in order to capture past lessons learned and 
maximize the safety of all exercise participants.
    Response: BSEE agrees that collaboration with industry to jointly 
plan for deployment exercises involving source control equipment is an 
effective way to capture past lessons learned and maximize safety, as 
long as such collaboration is compatible with the objectives of the 
particular equipment deployment exercise. BSEE has added language to 
Section 6.5 that encourages agency personnel to conduct advance 
planning with industry whenever possible in preparing for these 
exercises.
    Shared Credit for Source Control and Subsea Containment Deployment 
Exercises: One commenter suggested that all plan holders who contract 
for the services of a source control provider should share in the 
credit for any equipment deployment exercises involving that provider's 
source control equipment.

[[Page 21368]]

    Response: As there is no frequency requirement for plan holders to 
conduct equipment deployment exercises for source control and subsea 
containment equipment, shared credit is not necessary for these 
exercises at this time. However, if any frequency for such equipment 
deployment exercises were to be established in the regulations in the 
future, BSEE agrees that credit for any such equipment deployment 
exercises should be shared amongst all the plan holders that contract 
for that provider's services. BSEE will consider any source control and 
subsea containment deployment exercises that have been completed by a 
contracted provider in the past when evaluating the need for a GIUE 
involving a different plan holder but involving the same provider or 
equipment.
    Frequency of Source Control and Subsea Containment Exercises: 
Numerous commenters raised concerns regarding the frequency of 
deployment exercises for source control and subsea containment 
equipment, and offered suggestions on potential deployment requirements 
and verification practices. One commenter felt it was essential to test 
the full range of source control and subsea containment equipment, 
including all necessary supporting logistical arrangements, once every 
triennial cycle. Another commenter supported a much more limited 
deployment and testing regime of this equipment and recommended an 
interval of once every nine years. Five commenters stated that frequent 
deployment of capping stacks in exercises could damage the equipment 
and result in plan holders not having source control equipment coverage 
while repairs are made.
    Response: BSEE is required to verify the ability and preparedness 
of plan holders to implement their source control plans (as outlined in 
their Oil Spill Response Plans or referenced Regional Containment 
Demonstrations). BSEE recognizes industry's many concerns regarding the 
costs, safety concerns, and operational disruptions that may accompany 
the deployment of this equipment. BSEE also appreciates the many 
suggestions that were offered by commenters for possible deployment 
frequencies and verification best practices. As the current regulations 
in 30 CFR part 254 do not establish a required interval for the 
deployment of this type of equipment, the PREP Guidelines cannot 
provide any additional guidance on a specific interval requirement at 
this time. In the absence of any defined scope and frequency interval 
in the regulations, BSEE will continue to conduct deployments of source 
control capabilities at the discretion of the BSEE Oil Spill 
Preparedness Division (OSPD) Chief, in consultation with the 
appropriate BSEE Regional Director, as needed to assess and verify the 
overall preparedness of a plan holder, or group of plan holders, to 
operate in an Outer Continental Shelf (OCS) Region. 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 will continue to evaluate the information that 
was submitted to the docket as BSEE prepares to update its regulations 
in 30 CFR part 254.
    Operational Risk during Deployment Exercises: Five commenters 
stated that source control and subsea containment equipment should be 
removed from the equipment deployment section of the Guidelines due to 
the perceived increased risk that any such deployment operations might 
entail.
    Response: BSEE disagrees. As with the deployment of any substantial 
and complex piece of response equipment, safety risks are present, but 
can be effectively addressed through proper attention to, and 
implementation of, safe working practices and operational risk 
management throughout the exercise.
    Deployment Exercises for Subsea Dispersant Injection (SSDI) 
Equipment: One commenter stated that if SSDI equipment in an OSRP were 
to be used in conjunction with the deployment of source control and 
subsea containment operations, SSDI should be included in Section 6.5 
of the Guidelines regarding source control and subsea containment 
deployment exercises. The commenter also stated that a requirement to 
develop dispersant stockpile management plans should be added to the 
contents of Regional Containment Demonstration Plans.
    Response: BSEE agrees in part. The deployment of SSDI equipment 
will occur in close proximity to the deployment of source control and 
subsea containment equipment, and will involve many similar logistical 
and operational challenges. As such, BSEE will treat the deployment 
exercises of these two types of equipment in a similar manner. BSEE 
will not require plan holders to exercise their SSDI equipment at the 
same frequency intervals as other spill countermeasures that are 
designed for removing or mitigating oil at the water's surface. Plan 
holders will only be required to exercise SSDI equipment upon receiving 
direction from the Chief of OSPD, or the Chief's designated 
representative. However, plan holders should carefully describe how 
SSDI capabilities will be used in their OSRPs. Plan holder exercises 
and training, BSEE equipment verifications, and GIUEs should also 
reflect this information. Completing SSDI usage requests and plans, as 
well as completing dispersant stockpile management plans (as 
appropriate), were also added in response to comments as possible 
exercise objectives in Section 6.2, which provides guidance on BSEE-
required IMT exercises. While BSEE acknowledges the value of adding 
information that addresses the management of dispersant stockpiles in 
the Regional Containment Demonstration Plans, the content of the 
Regional Containment Demonstrations is outside of the scope of the PREP 
Guidelines document.
    GIUEs Involving Source Control, Subsea Containment, and Supporting 
Equipment: One commenter stated that source control and subsea 
containment equipment should be excluded from deployment during a GIUE. 
Five commenters raised concerns regarding cost, high risks, and 
substantial time burdens associated with unannounced exercises of this 
equipment, and questioned their utility to demonstrate real readiness. 
In particular, these commenters raised concerns regarding the cost and 
impacts to industry operations if source control and subsea containment 
equipment must be recalled from active commercial service and deployed 
in a GIUE. One commenter further elaborated on the potential for 
disruption and the expected challenges of obtaining the necessary 
equipment during a non-emergency GIUE due to the mutual aid nature of 
the arrangements made for equipment through their source control 
provider that is likely to remain in active service until an emergency 
occurs. The commenters further stated that they, in collaboration with 
other plan holders, USCG, and BSEE, conduct annual IMT exercises and 
training with their source control provider to ensure that they are 
ready to implement source control activities during an incident, which 
should obviate the need to conduct any GIUEs involving source control 
capabilities. One commenter stated that logistical systems supporting 
source control operations should be deployed and exercised triennially 
in a GIUE. Five commenters stated that quarterly material inspections 
and testing of capping stacks is adequate to

[[Page 21369]]

ensure the preparedness of a plan holder and source control provider, 
and that deployments of the capping stack and other source control 
equipment in an unannounced exercise are unnecessary. Five commenters 
suggested that BSEE coordinate with the plan holder to observe source 
control equipment that is in daily operational use in normal drilling 
operations to verify its material condition, availability, and 
operational readiness, rather than requiring the equipment to be 
deployed in an exercise. Five commenters stated that during a GIUE 
targeting the deployment of source control or subsea containment 
equipment, the plan holder or service provider should be able to 
provide documentation of past operational use in lieu of conducting an 
actual deployment of the equipment.
    Response: BSEE fully acknowledges industry's concerns regarding the 
complexity, operational impacts, and costs associated with a GIUE of 
any source control and subsea containment equipment, and will factor 
these concerns into any decisions requiring such exercises. BSEE will 
also evaluate the potential for costs and disruptions to mutual aid 
sources of equipment when considering the possibility of designing, 
holding, and evaluating any GIUE that would involve the deployment of 
such equipment. BSEE will also evaluate a plan holder's and their 
source control providers' exercise, training, and maintenance programs 
in their assessment of the plan holder's overall preparedness when 
determining the need to hold a GIUE involving source control 
capabilities. BSEE agrees that plan holder-initiated exercises and 
training, whether announced or unannounced, are critical parts of plan 
holder preparedness. However, BSEE also believes that GIUEs serve as an 
important added incentive for plan holders to maintain their readiness. 
The GIUE is an important evaluation and compliance tool used by BSEE in 
exercising its oversight responsibilities that is not always adequately 
replicated by agency participation in plan holder-initiated exercises 
and training. BSEE believes that the logistical systems that support 
source control and subsea containment operations are candidates to be 
part of the potential scope and exercise objectives for a GIUE. BSEE 
has added language to that effect in the subsection providing guidance 
on BSEE GIUEs. BSEE does not, however, set or implement regular 
frequency intervals for deploying or exercising the specific 
capabilities, whether spill response, source control, or supporting 
logistical systems, for any specific plan holder, OSRO, or support 
service provider through its execution of GIUEs. The inspection and 
testing of source control equipment conducted under 30 CFR part 250 
have a different focus and purpose from GIUEs and equipment deployment 
exercises conducted under 30 CFR part 254 and PREP. BSEE acknowledges 
that these activities may be synergistic in ensuring overall 
preparedness; however, they are not redundant to the point of making 
one or the other unnecessary. The inspection and testing of capping 
stacks is an important part of the overall process of ensuring and 
maintaining the functionality and proper operating condition of source 
control capabilities; PREP exercises, on the other hand, often focus on 
an operator's ability to mobilize and deploy the equipment, and on the 
proficiencies of response personnel who must operate the equipment in 
emergency conditions. BSEE will certainly consider the overall 
performance of these tests and inspections when considering whether 
there is a need to hold a deployment exercise, whether announced or a 
GIUE, of a capping stack or other significant source control equipment. 
BSEE acknowledges the potential utility of conducting checks of 
equipment while it is in actual operational use as a form of verifying 
material readiness, and may elect to pursue this means in certain 
circumstances. However, checks performed in this manner may not always 
satisfy BSEE compliance and exercise objectives or requirements for 
evaluating certain aspects of a plan holder's and their source control 
providers' overall readiness. BSEE disagrees with the suggested 
practice of providing documentation of past operational use as the 
default means of meeting GIUE deployment exercise expectations and 
objectives; however, it is left to the discretion of the BSEE officials 
conducting the GIUE to determine what level of actual deployment 
operations will be required to test spill response preparedness and 
what items may be satisfied through the presentation of documentation. 
Decisions regarding focus, scope, and means of compliance for any BSEE-
initiated GIUE objectives that will test spill response preparedness, 
including those involving source control and subsea containment 
equipment, is at the discretion of the BSEE OSPD Office Chief and the 
Chief's designated Section personnel conducting the GIUE. BSEE 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 and services cover multiple plan holders, if any 
deployment exercise is successfully conducted by such a service 
provider, BSEE will honor credit for that deployment exercise to all 
plan holders who contract with the provider for that equipment. 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 activities, and therefore should 
be conducted separately and singularly for each OSRP.
    Frequency of GIUEs Conducted by BSEE: Five commenters requested 
that BSEE clarify language regarding the frequency of GIUEs, and 
specifically requested that the word ``generally'' be removed regarding 
the applicability of a GIUE to any facility. One commenter stated that 
each BSEE OSPD Section should set a minimum number of GIUEs that will 
be conducted in each OCS Region, and those numbers and exercise results 
should be published annually.
    Response: BSEE agrees with the requested clarification of removing 
the word ``generally'', and has made the requested change. BSEE 
disagrees that the Bureau should be bound to a fixed number of GIUEs 
for any given year. BSEE will use a number of factors that vary from 
year to year in determining the need to conduct GIUEs and will use 
risk-based decision-making tools whenever possible. The current 
language in the revised Guidelines has been retained 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 minimum 
number that must be conducted in a given year. In order to maintain 
maximum flexibility in conducting GIUEs as preparedness

[[Page 21370]]

needs dictate, BSEE does not intend to publish any information in 
advance regarding the number of GIUEs being planned during a calendar 
year. BSEE does publish the number of GIUEs that were conducted each 
year in its Annual Report, which is available for public viewing on the 
BSEE Web site. BSEE does not publish the specific results of each GIUE 
in the report.
    Dispersant Application Requests and Usage Plans: Two commenters 
stated that IMTs should be proficient in preparing request forms and 
application plans for the use of aerial dispersants to the FOSC/RRT, 
and that the Daily Aerial/Vessel Dispersant Application Plan, as 
outlined in API Technical Report 1148, is an acceptable template that 
would provide for a consistent methodology for such plans.
    Response: BSEE agrees, and has inserted language in their IMT 
exercise guidance recommending that IMTs use the API Technical Report 
in preparing the requests and usage plans.

IV. Public Availability of 2016 PREP Guidelines

    The PREP 4C has finalized the 2016 PREP Guidelines which will be 
publicly available on a new NSFCC/PREP4C Web site and can also be found 
at https://Homeport.uscg.mil/exercises. The USCG is releasing the 2016 
PREP Guidelines on behalf of the PREP 4C.

    Dated: April 5, 2016.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response 
Policy.
[FR Doc. 2016-08215 Filed 4-8-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  21362                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  That Notice elicited no comments.                       as the PREP Compliance, Coordination,                 NSCC National Scheduling Coordination
                                                  Accordingly, no changes have been                       and Consistency Committee (PREP 4C).                    Committee
                                                  made to the Collections.                                The PREP 4C is comprised of the same                  NSFCC National Strike Force Coordination
                                                                                                                                                                  Center
                                                                                                          membership as was the NSCC, and
                                                  Information Collection Request                                                                                NTL Notice to Lessees
                                                                                                          includes representatives from the USCG                OCS Outer Continental Shelf
                                                     Title: Plan Approval and Records for                 under the Department of Homeland                      OPA 90 Oil Pollution Act of 1990
                                                  Tank Vessels, Passenger Vessels, Cargo                  Security (DHS); the Environmental                     OSPD Oil Spill Preparedness Division
                                                  and Miscellaneous Vessels, Mobile                       Protection Agency (EPA); the Pipeline                 OSRO Oil Spill Removal Organization
                                                  Offshore Drilling Units, Nautical School                and Hazardous Materials Safety                        OSRP Oil Spill Response Plan
                                                  Vessels and Oceanographic Research                      Administration (PHMSA) under the                      PAV Preparedness Assessment Visit
                                                  Vessels—46 CFR Subchapter D, H, I, I–                   Department of Transportation (DOT);                   PHMSA Pipeline and Hazardous Materials
                                                  A, R and U.                                             and the Bureau of Safety and                            Safety Administration
                                                     OMB Control Number: 1625–0038.                                                                             PREP Preparedness for Response Exercise
                                                                                                          Environmental Enforcement (BSEE)
                                                     Summary: This collection requires the                                                                        Program
                                                                                                          under the Department of the Interior                  PREP 4C PREP Compliance, Coordination,
                                                  shipyard, designer or manufacturer for                  (DOI).                                                  and Consistency Committee
                                                  the construction of a vessel to submit                                                                        QI Qualified Individual
                                                                                                          DATES: The 2016 PREP Guidelines
                                                  plans, technical information and                                                                              RRT Regional Response Team
                                                  operating manuals to the Coast Guard.                   document will become effective on June
                                                                                                          10, 2016.                                             SSDI Subsea Dispersant Injection
                                                     Need: Under 46 U.S.C. 331 and 3306,                                                                        TTX Tabletop Exercise
                                                  the Coast Guard is responsible for                      ADDRESSES: To view the 2016 PREP                      USCG U.S. Coast Guard
                                                  enforcing regulations promoting the                     Guidelines as well as documents                       VRP Vessel Response Plan
                                                  safety of life and property in marine                   mentioned in this notice as being                     WCD Worst Case Discharge
                                                  transportation. The Coast Guard uses                    available in the docket, go to http://
                                                                                                          www.regulations.gov, type ‘‘USCG–                     II. Background
                                                  this information to ensure that a vessel
                                                  meets the applicable standards for                      2011–1178’’ and click ‘‘Search.’’ Then                   On February 22, 2012, the USCG
                                                  construction, arrangement and                           click the ‘‘Open Docket Folder.’’                     invited comments and suggestions for
                                                  equipment under 46 CFR Subchapters                      Additional relevant comments are                      updating the PREP Guidelines (77 FR
                                                  D, H, I, I–A, R and U.                                  available in related docket BSEE–2014–                10542). The PREP 4C received public
                                                     Forms: None.                                         0003 and may be viewed online using                   comments in docket number USCG–
                                                     Respondents: Shipyards, designers                    the same procedure.                                   2011–1178. After considering those
                                                  and manufacturers of certain vessels.                   FOR FURTHER INFORMATION CONTACT:                      comments, the PREP 4C issued a draft
                                                     Frequency: On occasion.                                 For USCG: Mr. Jonathan Smith, Office               update to the PREP Guidelines. The
                                                     Hour Burden Estimate: The estimated                  of Marine Environmental Response                      PREP 4C also issued a notice (79 FR
                                                  burden has increased from 3,589 hours                   Policy, 202–372–2675.                                 16363, March 25, 2014) that announced
                                                  to 6,671 hours a year due to an increase                   For EPA: Mr. Troy Swackhammer,                     the availability of the draft update to the
                                                  in the estimated annual number of                       Office of Emergency Management,                       PREP Guidelines, invited comment on
                                                  responses.                                              Regulations Implementation Division,                  the draft, and provided responses to the
                                                     Authority: The Paperwork Reduction                   202–564–1966.                                         comments received in docket USCG–
                                                  Act of 1995; 44 U.S.C. Chapter 35, as                      For BSEE: Mr. John Caplis, Oil Spill               2011–1178. That second notice (79 FR
                                                  amended.                                                Preparedness Division, 703–787–1364.                  16363) was published as a BSEE-issued
                                                    Dated: April 1, 2016.
                                                                                                             For DOT/PHMSA: Mr. Eddie Murphy,                   document in docket BSEE–2014–0003.
                                                                                                          Office of Pipeline Safety, 202–366–4595.              The PREP 4C reviewed the comments
                                                  Thomas P. Michelli,
                                                                                                          SUPPLEMENTARY INFORMATION:                            received in docket BSEE–2014–0003,
                                                  U.S. Coast Guard, Deputy Chief Information
                                                  Officer.                                                                                                      and on February 27, 2015, published a
                                                                                                          I. Acronyms
                                                                                                                                                                subsequent notice and request for
                                                  [FR Doc. 2016–08223 Filed 4–8–16; 8:45 am]
                                                                                                          ACP Area Contingency Plan                             further comment on the updated draft
                                                  BILLING CODE 9110–04–P                                  API American Petroleum Institute                      PREP Guidelines again in docket USCG–
                                                                                                          BSEE Bureau of Safety and Environmental               2011–1178 (80 FR 10704). The PREP 4C
                                                                                                            Enforcement
                                                  DEPARTMENT OF HOMELAND                                  CFR Code of Federal Regulations                       considered the comments received in
                                                  SECURITY                                                COTP Captain of the Port                              docket USCG–2011–1178, and today
                                                                                                          DOI Department of the Interior                        announces the availability of an
                                                  Coast Guard                                             DOT Department of Transportation                      updated and final version of the 2016
                                                                                                          EPA Environmental Protection Agency                   PREP Guidelines. This notice also
                                                  [USCG–2011–1178]                                        EVC Equipment Preparedness Verification               responds to the latest round of
                                                                                                            Capability                                          comments that was received in the
                                                  National Preparedness for Response                      FE Functional Exercise
                                                                                                                                                                USCG docket in response to the
                                                  Exercise Program (PREP) Guidelines                      FOSC Federal On-Scene Coordinator
                                                                                                          FR Federal Register                                   February 27, 2015 notice.
                                                  AGENCY:Coast Guard, DHS.                                FRP Facility Response Plan                            III. Summary of Comments and
                                                        Notice of availability of updated
                                                  ACTION:                                                 FSE Full-Scale Exercise
                                                                                                          GIUE Government-Initiated Unannounced
                                                                                                                                                                Changes
                                                  PREP Guidelines.
                                                                                                            Exercise                                               When the USCG, on the behalf of the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SUMMARY:  The U.S. Coast Guard (USCG)                   GRP Geographic Response Plan                          PREP 4C, requested public review of the
                                                  announces that the updated 2016 PREP                    GRS Geographic Response Strategies                    second updated draft of the PREP
                                                  Guidelines have been finalized and are                  HSEEP Homeland Security Exercise and                  Guidelines in its February 2015 notice
                                                                                                            Evaluation Program
                                                  now publicly available. The USCG is                     IMT Incident Management Team
                                                                                                                                                                at 80 FR 10704, the USCG received 77
                                                  publishing this notice on behalf of the                 NCP National Oil and Hazardous                        comment submissions from government
                                                  National Scheduling Coordination                          Substances Pollution Contingency Plan               agencies, regulated communities,
                                                  Committee (NSCC), which has been                        NIMS National Incident Management                     private industry, and non-governmental
                                                  renamed and henceforth will be known                      System                                              organizations. All of the comments


                                             VerDate Sep<11>2014   18:37 Apr 08, 2016   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM   11APN1


                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                             21363

                                                  received are posted on http://                          PREP are met. This definition is not                  Area-level exercises designed to test the
                                                  www.regulations.gov, under docket                       intended to conflict with the                         ACP and the entire response community
                                                  number USCG–2011–1178. This                             regulations.                                          will now be conducted on a quadrennial
                                                  document summarizes and responds to                        Plan Holder Exercises: Commenters                  cycle as ‘‘operations-based, functional
                                                  those comments that were within the                     indicated that the terms ‘‘internal’’ and             or full-scale exercises (FE/FSEs).’’
                                                  scope of the proposed update.                           ‘‘external’’ as used to describe different               Planning for Area FE/FSEs: This
                                                    Since the February 27, 2015                           types of PREP exercises were confusing.               revision of the Guidelines also changes
                                                  publication of the updated draft PREP                   The PREP 4C agrees. As a result,                      the context and terminology that will be
                                                  Guidelines and Federal Register notice                  ‘‘internal’’ exercises, as described in the           used to plan Area FE/FSEs. In the past,
                                                  (80 FR 10704), the NSCC has been                        previous Guidelines, are now referred to              the planning for approximately one
                                                  reconstituted and renamed the PREP 4C.                  as ‘‘plan holder’’ exercises. For the                 third of the Area FE/FSEs was led by the
                                                  While the Committee is comprised of                     purpose of the Guidelines, plan holder                government partners in the Area
                                                  same membership agencies, it has                        exercises are conducted to evaluate the               Committee (‘‘Government-led’’), with a
                                                  adopted a new charter that established                  industry-specific oil spill response                  single industry plan holder as an
                                                  Committee Co-Chairs from the USCG                       plans. This includes regulated vessels,               exercise partner. Industry plan holders
                                                  and the EPA, and created a                              pipelines, railcars, and facilities. Plan             traditionally led the remaining two
                                                  comprehensive oversight agenda for the                  holder exercises may involve both                     thirds of these exercises (‘‘Industry-
                                                  administration of the PREP program.                     internal and external entities, and may               led’’), with the Area Committee as an
                                                  Published materials regarding the PREP                  be initiated by either the plan holder or             exercise partner. Under these revised
                                                  4C and the PREP program will be                         by a government agency, but are all                   Guidelines, those terms will no longer
                                                  available online at the National Strike                 conducted as part of the plan holder’s                be used within the PREP system; the
                                                  Force Coordination Center (NSFCC)                       triennial exercise cycle to test the                  planning for all Area FE/FSEs should be
                                                  Web site.                                               response plan and overall preparedness.               a considered a joint and shared
                                                    The PREP 4C has incorporated                          The term ‘‘external’’ will no longer be               responsibility between the government
                                                  numerous changes into the 2016 PREP                     used to describe a type of exercise under             members of the Area Committee and
                                                  Guidelines document as a result of                      PREP. A table has been added to the                   industry plan holders (and their
                                                  public comments. In the following                       PREP Guidelines (Appendix B) to                       contracted OSROs). Regardless of the
                                                  sections, we summarize the most recent                  further address the confusion between                 division of labor that is enacted for
                                                  comments received and the changes that                  internal and external exercises. Further,             planning any specific Area FE/FSE, a
                                                  the PREP 4C has made in promulgating                    this table is a crosswalk between PREP                joint exercise design team composed of
                                                  the 2016 PREP Guidelines.                               and the Homeland Security Exercise                    all the exercise planning partners
                                                    Two commenters requested a public                     and Evaluation Program (HSEEP) and                    should develop the FE/FSE scope,
                                                  meeting. The PREP 4C discussed this                     can be used as a Quick Reference Guide                scenario, and objectives. The joint FE/
                                                  request, and given that there were three                for the requirements for any particular               FSE design team should be comprised of
                                                  rounds of public comments in the                        type of PREP Exercise.                                representatives from Federal
                                                  Federal Register, it was determined that                   PREP versus Regulation Terminology:                Government agencies, state and local
                                                  a public meeting was no longer                          Commenter’s noted some inconsistency                  government agencies, the local response
                                                  necessary.                                              with respect to terminology between the               community, and an industry plan
                                                                                                          PREP Guidelines and the regulations.                  holder. If applicable, tribal entities will
                                                  A. Summary of Changes
                                                                                                          PREP4C has changed certain exercise-                  be invited to participate. The lead
                                                    Revised Formatting of the PREP                        related terms in order to harmonize                   planning element, if one is designated,
                                                  Guidelines Document: The formatting of                  PREP with other national-level exercise               will coordinate the overall execution of
                                                  the PREP Guidelines has been updated                    programs. In particular, the term ‘‘Spill             the Area FE/FSE; however, it remains
                                                  to provide consistency and ease of use                  Management Team (SMT)’’ has been                      the ultimate responsibility of the Area
                                                  throughout the entire document.                         replaced by the term ‘‘Incident                       Committee and the Area Committee
                                                    The Definition of an Oil Spill Removal                Management Team (IMT).’’ For                          Chair to ensure that the Area FE/FSE is
                                                  Organization (OSRO): Numerous                           example, an SMT tabletop exercise                     completed in accordance with the PREP
                                                  commenters suggested the need to                        (SMT TTX) will now be called an IMT                   Guidelines and the quadrennial
                                                  clarify the different types of providers                exercise. Much of the exercise                        schedule. The lead planning partner and
                                                  that should be considered OSROs for                     terminology was updated to align with                 the Area Committee Chair will share the
                                                  the purposes of PREP. The definition of                 the HSEEP. This does not imply new or                 decision-making responsibility for the
                                                  an OSRO has been updated to include,                    different requirements from the                       design of the exercise, including the
                                                  and better describe, a broader range of                 regulations, but rather provides a                    scope, scenario, and objectives. The goal
                                                  response resources and services,                        ‘‘synonym’’ that is consistent with                   of the PREP is to conduct an Area FE/
                                                  including source control, all spill                     nationwide exercise terminology.                      FSE for each Area Contingency Plan
                                                  countermeasures, and supporting                            Area-Level Exercises: Area-level                   during each quadrennial cycle.
                                                  services that an OSRO may provide in                    exercises evaluate the components of an                  The Guiding Principles Section of the
                                                  order to adequately contain, secure,                    Area Contingency Plan (ACP).                          Guidelines now includes additional
                                                  recover, or mitigate a discharge of oil.                Additional HSEEP terminology is being                 information regarding the planning of
                                                  While the nature of OSROs has evolved                   adopted for Area-level exercises, and                 Area FE/FSEs and also for evaluating
                                                  over time, the OSRO definitions in the                  may also be used by industry plan                     incident-based Area exercise credit
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                                                  Code of Federal Regulations (CFR) have                  holders at their discretion. Single                   requests. In particular, Area FE/FSEs
                                                  not changed and are different from                      functional tests, such as Area-level                  should involve a scenario that addresses
                                                  agency to agency. For the purposes of                   notification exercises and equipment                  the scope and complexity of, at a
                                                  the PREP Guidelines, the OSRO                           deployments, will now be referred to as               minimum, a complex Incident
                                                  definition has been broadened to be                     ‘‘drills.’’ Area IMT exercises may be                 Command System (ICS) Type 3
                                                  more inclusive, to reflect that multiple                conducted as appropriate ‘‘discussion-                Incident.
                                                  response options are available, and to                  based’’ exercises, which would include                   Shared Credit for OSRO Equipment
                                                  ensure that the needs of all involved in                TTXs, workshops, and seminars. Major                  Deployment Exercises: Additional


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                                                  21364                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  information has been included in the                    processes. While the PREP 4C would                    unavailable; however, confirmation of
                                                  Guiding Principles Section on sharing                   encourage plan holders to consider                    notification must be received.
                                                  credit between plan holders for                         adopting various HSEEP best practices.                   Equipment Deployment Exercises and
                                                  equipment deployment exercises                             Differences in Terminology between                 Lessons Learned Regarding Equipment
                                                  conducted by OSROs. Due to the large                    PREP and Agency-specific OPA                          Performance: One commenter noted a
                                                  number of plan holders participating in                 Implementing Regulations: Multiple                    concern regarding the conditions under
                                                  PREP, and the burden it would put on                    comments noted some inconsistencies                   which equipment deployment exercises
                                                  OSROs to conduct separate equipment                     between terminology now being used in                 are conducted, as well as the lack of
                                                  deployment exercises on behalf of each                  the 2016 PREP Guidelines and the                      mechanisms in place to capture field
                                                  plan, it has become an accepted practice                regulations promulgated by different                  deployment information. This
                                                  for OSROs to conduct equipment                          agencies that contain the requirement                 commenter recommended that the
                                                  deployment exercises on behalf of all                   for exercising oil spill response plans.              USCG and BSEE develop a standard
                                                  their plan holders. In such                                Response: Exercise terminology that                system to evaluate the performance of
                                                  circumstances, exercise credit can be                   was updated to align with the HSEEP                   spill response equipment under a range
                                                  extended to and shared amongst all the                  does not imply in any way new or                      of environmental conditions and
                                                  plan holders for the deployment of that                 different requirements than what is                   capture that information in a lessons
                                                  specific OSRO equipment and                             contained in regulations; rather, these               learned database.
                                                  personnel in a specific location (USCG                  terms should be viewed and treated as                    Response: The primary purpose of the
                                                  Captain of the Port (COTP) zone,                        ‘‘synonyms’’ that have been adopted to                PREP Guidelines is to provide guidance
                                                  Regional Response Team (RRT) region,                    ensure that the PREP program is                       to industry on oil spill response
                                                  EPA ACP area, or EPA subarea),                          consistent and easily compared to                     exercises as required by OPA 90.
                                                  provided that each plan holder has                      nationwide exercise terminology used                  Collecting information concerning the
                                                  contracted for the use of the equipment                 in most other current programs. PREP                  performance of spill response
                                                  and personnel that was exercised.                       4C made every effort to ensure that                   equipment in a database is outside the
                                                  Where exercise credit is extended to all                terminology is as straightforward and                 scope of these Guidelines.
                                                                                                          transferable as is practical, and has                    Dispersant-Related Objectives during
                                                  the plan holders who are clients for an
                                                                                                          developed a table in the PREP                         PREP Exercises: One commenter
                                                  OSRO’s equipment deployment
                                                                                                          Guidelines (Appendix B) in order to                   requested that the Guidelines clarify
                                                  exercise, each type of response
                                                                                                          provide a crosswalk and quick reference               what activities should be conducted by
                                                  equipment being deployed in this
                                                                                                          guide between the exercise types in                   dispersant providers by using the term
                                                  manner should be exercised on an
                                                                                                          PREP and HSEEP terminology.                           ‘‘dispersant service OSROs’’ in various
                                                  annual basis.
                                                                                                             Use of the Term ‘‘Containment’’: One               places in the document, including in the
                                                  B. Summary of Select Comments and                       commenter stated that the addition of                 objectives for IMT and equipment
                                                  Responses                                               source control and subsea containment                 deployment exercises.
                                                                                                          equipment into the PREP Guidelines                       Two commenters submitted extensive
                                                  General Comments                                                                                              recommendations to incorporate
                                                                                                          document requires the use of the word
                                                     Aligning PREP Terminology and                        ‘‘containment’’ to be defined                         additional specific dispersant-related
                                                  Processes with Other National Exercise                  everywhere in the document as either                  objectives in unannounced,
                                                  Programs: Three commenters                              subsea or surface.                                    deployment, and IMT exercises.
                                                  recommended aligning the PREP                              Response: The PREP 4C acknowledges                    Response: The PREP 4C determined
                                                  Guidelines with various elements of the                 that the term ‘‘containment’’ can be                  that the best way to provide clarity on
                                                  HSEEP.                                                  used in the context of containing oil on              this issue was to broaden the definition
                                                     Response: The PREP 4C has decided                    the water’s surface as well as containing             of OSRO to include all providers that
                                                  to adopt certain terminology from                       oil under water. Wherever the word                    offer any and all spill response
                                                  HSEEP in order to better align the two                  containment is used in the context of                 resources designed to contain and
                                                  programs, especially where HSEEP                        containing oil under the water’s surface,             secure a discharge, and recover or
                                                  terms are more reflective of the lexicon                the word ‘‘subsea’’ will precede the                  mitigate the impacts of the spilled oil
                                                  used today within the National Incident                 word ‘‘containment’’. Where the word                  through various countermeasures and
                                                  Management System (NIMS). In the                        ‘‘containment’’ is used by itself, it is              supporting services, including
                                                  previous revision of the Guidelines, the                presumed to be associated with efforts                mechanical recovery, in-situ burning,
                                                  PREP 4C changed certain exercise-                       to contain oil on the water’s surface.                dispersants, bioremediation, salvage,
                                                  related terms. In particular, the term                     Use of Electronic Messaging for                    source control, and other response
                                                  ‘‘Spill Management Team (SMT)’’ was                     Qualified Individual (QI) Notification                services directly supporting the incident
                                                  replaced by the term ‘‘Incident                         Exercises: One commenter requested                    such as aerial surveillance and remote
                                                  Management Team (IMT).’’ The term                       that electronic messaging be allowed as               sensing. As such, the use of term OSRO
                                                  ‘‘tabletop exercise (TTX)’’ was                         a primary means for notifying QIs of a                in the Guidelines should be interpreted
                                                  temporarily removed; however, in                        spill.                                                broadly to apply to providers that
                                                  response to the public comments, the                       Response: The PREP 4C has reviewed                 render any and all such services, unless
                                                  term has been reinstated in the                         the language within the draft PREP                    it is specifically stated in the language
                                                  Guidelines as a proper reference to a                   Guidelines and determined that the                    of a particular section to be applicable
                                                  type of discussion-based exercise that is               language will remain the same. The                    to a smaller subset of such providers.
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                                                  appropriate for IMT exercises. The 2016                 PREP 4C determined that verbal                           Both BSEE and USCG regulations
                                                  PREP Guidelines incorporate a number                    notification should remain the primary                have requirements concerning
                                                  of additional HSEEP terms and concepts                  means of communication because it                     dispersant capabilities for many of their
                                                  with respect to the Area-level exercises.               quickly confirms that the notification                plan holders. In order to ensure both
                                                  However, the PREP 4C did not believe                    has been received and allows for                      government and industry are prepared
                                                  it was within the scope of the existing                 immediate questions that may save time                to use all available response
                                                  PREP mandate to completely adopt the                    in emergencies. Electronic messaging is               countermeasures, the PREP 4C
                                                  HSEEP exercise design and evaluation                    an acceptable alternative if voice is                 incorporated additional guidance


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                              21365

                                                  regarding dispersants and in-situ                       necessary, through audits conducted by                occurs in a high sensitivity
                                                  burning into various exercise objectives,               the USCG during Preparedness                          environment.
                                                  as applicable. In particular, BSEE had                  Assessment Visits (PAVs) or by BSEE                      Response: WCD is defined in the
                                                  included in the previous version of the                 during Equipment Preparedness                         CWA, and further defined in each
                                                  draft Guidelines an exercise objective                  Verification Capability (EVC) meetings.               agency’s regulations and cannot be
                                                  for industry IMT exercises to prepare                   The PREP 4C also believes that                        changed by the PREP Guidelines. PREP
                                                  and submit usage plans for each                         requiring every dispersant aircraft to be             4C believes, however, that preparedness
                                                  chemical, biological, or in-situ burning                deployed in an exercise annually is not               is a function of many variables besides
                                                  countermeasure that is cited as a                       in alignment with existing agency                     spill volume. As such, PREP 4C believes
                                                  response strategy within oil spill                      regulatory requirements or the overall                that Area Committees should have
                                                  response plans (OSRP) during the                        PREP Guidelines regarding the                         flexibility when designing an Area FE/
                                                  course of their exercise cycle. BSEE has                deployment of equipment. PREP states                  FSEs scope and scenario as long as the
                                                  now added to that objective a                           that each type of dispersant system                   exercise tests the elements of the plan
                                                  recommendation to prepare Daily                         should be deployed in a triennial cycle,              that would similarly be required in
                                                  Dispersant Application Plans using the                  unless that equipment is being deployed               responding to a WCD, consistent with
                                                  template contained in American                          by an OSRO on behalf of all plan                      the guidance for ACPs as described in
                                                  Petroleum Institute (API) Technical                     holders for shared credit. In cases of                40 CFR 300.210(c). Focusing on a
                                                  Report 1148, or an equivalently                         shared credit deployment exercises,                   complex ICS Type 3 or greater incident
                                                  structured document, for surface-                       each type of dispersant application                   will ensure that the critical elements
                                                  applied dispersants. BSEE has also                      system would need to be deployed by                   outlined by the National Oil and
                                                  added language to the IMT exercise                      an OSRO annually, but not each                        Hazardous Substances Pollution
                                                  objectives for offshore facilities that                 individual dispersant spraying or                     Contingency Plan (NCP) are considered
                                                  would involve the submission of a                       spotter aircraft.                                     and exercised.
                                                  subsea dispersant injection (SSDI)                         Reducing the Frequency of Equipment                   Government-Initiated Unannounced
                                                  application request, a usage and                        Deployment Exercises for Facility-                    Exercises (GIUEs): Multiple comments
                                                  monitoring plan, and an overall                         owned Equipment: One commenter                        were received requesting clarification of
                                                  dispersant stockpile management plan.                   suggested that facilities that have                   the requirements for plan holder
                                                  The USCG has also adopted language in                   company-owned response equipment                      participation in GIUEs for multiple
                                                  their IMT exercise requirements for                     onsite that is operated by an OSRO be                 vessels or facilities covered under a
                                                  preparing usage plans for chemical,                     required to conduct only one equipment                single plan.
                                                  biological, or in-situ burning                          deployment exercise per year.                            Response: The language in Section 2,
                                                  countermeasures.                                           Response: The USCG, EPA, and other                 Guiding Principles, has been updated to
                                                     Deployment of Dispersant Equipment:                  PREP 4C members disagree with this                    clarify guidance regarding participation
                                                  One commenter recommended                               suggestion. Facility-owned equipment is               in GIUEs for plan holders that have
                                                  clarifying the requirements for the                     stored at a single facility and is not used           plans covering multiple vessels and
                                                  deployment of dispersant equipment by                   frequently for response or preparedness               facilities. A facility that has successfully
                                                  including wording specific to deploying                 activities like other OSRO equipment;                 completed a GIUE will not be required
                                                  ‘‘dispersant capabilities’’ in the list of              therefore, such equipment should be                   to participate in another GIUE for at
                                                  objectives for each of the various agency               exercised twice annually to ensure its                least 36 months; however, other
                                                  sections.                                               serviceability is properly maintained. It             facilities covered in the same plan are
                                                     Response: Specific guidance regarding                should be noted that EPA’s requirement                still subject to GIUES at any time. A
                                                  the deployment of dispersant equipment                  on plan holder equipment deployment                   vessel that has successfully completed a
                                                  is adequately articulated in the Guiding                frequency in Section 4 remains the same               GIUE will not be required to participate
                                                  Principles Section and does not need to                 as USCG’s.                                            in another GIUE in any COTP zone for
                                                  be repeated throughout each agency                         Deployment Exercises for In-Situ                   36 months. Other vessels under that
                                                  section of the Guidelines.                              Burning Equipment: One commenter                      same plan will not be required to
                                                     Dispersant Deployment Exercises:                     indicated that a deployment exercise of               complete another GIUE in that same
                                                  One commenter recommended that                          in-situ burning equipment should not                  COTP zone for 36 months. Other vessels
                                                  dispersant deployment exercises should                  require Federal On-Scene Coordinator                  in the same plan may be subject to a
                                                  include testing of flight tracking and                  (FOSC) approval.                                      GIUE in another COTP zone at any time.
                                                  recording systems, key communications                      Response: The PREP 4C agrees. The                     Frequency of GIUEs: One commenter
                                                  equipment, and flow control and                         requirement for FOSC approval has                     suggested including a frequency for
                                                  reporting systems, and that dosage                      been removed and the language clarified               agencies to conduct GIUEs, stating that
                                                  charts should be verified. One                          to indicate that the burning of oil during            all agencies should have a minimum
                                                  commenter suggested that every                          an equipment deployment exercise is                   number of GIUEs that are to be
                                                  dispersant aircraft should be deployed                  not allowed. The deployment of in-situ                conducted.
                                                  annually.                                               burning equipment by itself that does                    Response: The frequency or number
                                                     Response: The PREP 4C added                          not involve any discharge or burning of               of GIUEs conducted by each agency is
                                                  language to the Guiding Principles                      oil does not require any government                   outside the scope of the PREP
                                                  regarding the deployment of dispersant                  approval in order to be conducted. The                Guidelines. It is up to each agency to
                                                  equipment to include the testing of                     discharge of oil for the purposes of                  determine its policy regarding GIUEs
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                                                  flight tracking and recording systems,                  conducting in-situ burning research is                based upon available resources, as well
                                                  key communications gear, and flow                       not permitted and is outside of the                   as preparedness and compliance
                                                  control and reporting systems. The                      scope of the PREP Guidelines.                         monitoring needs.
                                                  PREP 4C believes that verifying dosage                     Worst Case Discharge (WCD)                            Publication of USCG GIUE Results:
                                                  charts is beyond the scope of an                        Definition/Area Exercise Scenario                     One commenter suggested that each
                                                  equipment deployment exercise, and                      Design: Several comments were                         USCG Sector should be required to
                                                  should be addressed through an OSRO’s                   submitted regarding the need to                       publish their GIUE results and the
                                                  maintenance program and verified, if                    substitute a WCD with a near WCD that                 findings from each exercise annually in


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                                                  21366                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  a public venue. This would allow                        broadened to clarify that mitigation may              Each Vessel Response Plan (VRP)
                                                  interested parties to verify that the                   include the use of various spill                      (which may include multiple vessels), is
                                                  required number of unannounced                          countermeasures, including, but not                   restricted to one GIUE per 36 months
                                                  exercises were conducted, as well as                    limited to, dispersants, in-situ burning,             per COTP zone. A vessel that
                                                  ensure that lessons learned from each of                and bioremediation, in addition to                    successfully completes a GIUE may not
                                                  those exercises are shared for the overall              mechanical oil recovery.                              be targeted for a GIUE anywhere for 36
                                                  benefit of industry’s continuous                                                                              months. Other vessels falling under the
                                                                                                          USCG-Regulated Facilities/Vessels
                                                  improvement process in oil spill                                                                              same VRP are eligible for a GIUE in
                                                                                                          Comments
                                                  response.                                                                                                     other COTP zones, provided the plan
                                                     Response: USCG disagrees with                           GIUEs: Federal versus State/Local                  number has not otherwise been subject
                                                  publishing GIUE results because they                    Requirements: Several commenters                      to a GIUE within the last 36 months.
                                                  are considered compliance monitoring                    noted that many local/state governments                  Vessel Response Plan Exercise
                                                  activities. In discussions with PREP 4C,                retain their own exercise and resource                Frequencies and Economic Burden:
                                                  all agencies agreed to emphasize to their               requirements and that these local/state               Many comments were focused on the
                                                  field personnel that each Area                          mandates need to be considered in the                 economic impacts of conducting
                                                  Committee should discuss general GIUE                   PREP Guidelines.                                      numerous exercises (including GIUEs,
                                                  trends within their area of responsibility                 Response: The USCG disagrees that                  equipment deployment, and remote
                                                  to assess overall preparedness and share                state and local requirements be                       assessment and consultation exercises).
                                                  lessons learned.                                        incorporated into the PREP Guidelines;                   Response: The USCG acknowledges
                                                     Testing Geographic Response Plans                    however the USCG does agree that                      the concerns expressed regarding the
                                                  (GRPs) during PREP Exercises: One                       coordination among local, state, and                  economic burden posed by VRP exercise
                                                  commenter noted that GRPs and                           federal stakeholders is optimal to                    frequencies. As the PREP Guidelines are
                                                  Geographic Response Strategies (GRSs),                  minimize burden on industry. A state’s                implementing guidance for existing
                                                  which have been incorporated into                       right to administer its own regulatory                regulatory requirements, an economic
                                                  many ACPs, should be incorporated into                  program within the confines of federal                analysis is not required for the
                                                  PREP, tested during deployment                          and state laws must be respected. As                  Guidelines. The PREP guidelines do not
                                                  exercises, and the resultant data                       such, programs can coexist as distinct                add to the economic burden of
                                                  collected to be used to improve the                     programs with separate, different                     complying with the existing regulations
                                                  GRPs/GRSs.                                              standards. It is vitally important not to             and may, in fact, provide some
                                                     Response: The PREP 4C agrees that                    blend the two programs and blur the                   economic relief through reasonable
                                                  the targeted testing of certain GRPs and                lines between state and federal                       accommodations that still meet the
                                                  GRSs is a desirable preparedness                        jurisdictions. In the spirit of minimizing            intent of the regulations. Specific
                                                  activity that could improve the quality                 impacts to industry and promoting                     examples include:
                                                  of the strategies contained within an                   overall government efficiency, USCG-                     Remote Assessment and Consultation
                                                  ACP. The PREP Guidelines cover the                      specific instruction/guidance on                      Exercises. The frequency of remote
                                                  testing of response strategies in Section               conducting GIUEs does indeed promote                  assessment and consultation exercises is
                                                  2, Guiding Principles, Area FE/FSE                      coordination with EPA, and state and                  significantly reduced in PREP, from
                                                  Exercises. The PREP 4C encourages                       local agencies. Conducting a ‘‘joint’’                quarterly to annually per vessel when
                                                  Area Committees and FOSCs to consider                   exercise may reduce the burden on the                 the vessel operates in U.S. waters. The
                                                  exercising and evaluating GRPs as part                  regulated plan holder, but various                    economic burden of this exercise on
                                                  of the Area exercise cycle, subject to                  regulatory participants (USCG, EPA,                   vessel stakeholders is correspondingly
                                                  their discretion and available funding.                 state, etc.) may have distinctly different            reduced. Annual per vessel credit is
                                                     Appendix A. Core Components for                      objectives and standards unique to their              appropriate for remote assessment and
                                                  Exercising Response Plans: One                          respective regulations.                               consultation exercises to ensure that
                                                  commenter indicated that Appendix A                        Scope/Emphasis of GIUEs: One                       each vessel in the fleet would have the
                                                  was out of date and needed significant                  commenter suggested that USCG GIUEs                   opportunity to simulate initiation of a
                                                  updates.                                                should focus more on the aspects of a                 remote assessment and consultation
                                                     Response: The PREP 4C reviewed the                   plan holder’s preparedness than on the                assessment each year.
                                                  content and organization of Appendix A                  arrival and deployment times of                          Equipment Deployment Exercises.
                                                  and made a number of adjustments to                     response equipment.                                   Credit for equipment deployment
                                                  the Appendix. Language was inserted                        Response: In general terms, the USCG               exercises for salvage and marine
                                                  into the Guiding Principles Section that                agrees. The PREP Guidelines have been                 firefighting services may be claimed for
                                                  strengthens the connection between the                  synchronized with new USCG GIUE                       real world operations, when
                                                  plan holder exercise cycles and Area                    policy. Language in Section 2 for USCG                documented as outlined in Chapter 3.
                                                  exercise cycles, and the need to exercise               and EPA GIUEs stresses multiple                       This also applies to traditional oil spill
                                                  each Core Component as appropriate.                     components for successful completion                  recovery and storage equipment.
                                                  Appendix A was retitled as ‘‘Core                       of GIUE, not just arrival and deployment              Granting credit to world events and
                                                  Components for Exercising Response                      of equipment, particularly for inland                 operations in lieu of conducting
                                                  Plans’’ to place more emphasis on using                 plan holders.                                         traditional exercises optimizes resources
                                                  the Appendix as a tool for designing and                   Fleet Limits for GIUEs: There were                 and time. This practice allows the
                                                  evaluating exercises, in addition to                    several comments regarding the burden/                resource provider to realize income
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                                                  serving as a compliance measure for a                   expense of vessel GIUEs and the need to               from the practical use of the equipment
                                                  plan holder’s or Area Committee’s                       identify fleet limits (if all vessels fall            on an actual project while
                                                  execution of their exercise cycles. The                 under the same plan).                                 simultaneously meeting equipment
                                                  ‘‘Source Control’’ Core Component was                      Response: The USCG acknowledges                    deployment exercise requirements for
                                                  revised to include well control                         the concerns expressed regarding the                  their vessel owner or operator clients.
                                                  activities. The ‘‘Recovery’’ Core                       burden posed by vessel GIUEs. The                        Government-Initiated Unannounced
                                                  Component was retitled ‘‘Mitigation,’’                  PREP Guidelines have been updated to                  Exercises. The PREP guidelines clarify
                                                  and the supporting language was                         include language clarifying GUIE limits.              vessel GIUE target selection and


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                             21367

                                                  eligibility criteria. PREP articulates that             BSEE-Regulated Offshore Facilities                    any oil that may be discharged. OSROs
                                                  the regulatory GIUE limitation of 1 GIUE                Comments                                              may also include entities that provide
                                                  per 36 months applies to a VRP (and the                    Platforms for Drilling Relief Wells                various technologies, services, or
                                                  entire fleet of vessels covered under it)               during PREP Exercises: Five                           equipment that support source control
                                                  vice an individual vessel. More                         commenters stated that during                         or spill response countermeasures.
                                                  specifically, if a unique vessel is subject             exercises, certain elements such as a                 Therefore, for the purposes of PREP,
                                                  to a GIUE, the entire fleet of vessels                  drilling rig for implementing a relief                BSEE considers organizations that
                                                  covered under the same VRP is exempt                    well are assessed and documented                      provide source control equipment,
                                                  from GIUEs for 36 months in the COTP                    regarding their availability, but are not             personnel, and critical support services
                                                  Zone in which it was conducted. It is                   actually contracted and mobilized.                    that may be necessary to secure a
                                                  important to note that the 36 month                        Response: BSEE agrees that in many                 potential threat or actual discharge of oil
                                                  GIUE limitations described above are                    exercises, the contracting and                        into the water to meet the definition of
                                                  based on successful completion of                       deployment of resources are simulated                 an OSRO. Companies that manufacture,
                                                  GIUEs only. If a GIUE is deemed                         based on an assessment of their current               but do not operate their equipment
                                                  unsuccessful, the 36 month exemption                    availability. BSEE does not anticipate                during a spill, are not typically
                                                  period does not apply.                                  conducting any PREP exercises where a                 considered OSROs.
                                                                                                          drilling platform necessary for a relief                Deployment Exercises for Source
                                                  EPA-Regulated Facilities Comments                                                                             Control, Subsea Containment, and
                                                                                                          well would actually be expected to be
                                                    Scope of Emergency Procedures                         contracted and mobilized for the                      Supporting Equipment: One commenter
                                                  Exercise: One commenter indicated that                  purposes of successfully completing the               requested that BSEE clarify that the
                                                  the scope of an emergency procedures                    exercise.                                             guidance regarding equipment
                                                                                                             Exercising Source Control and Subsea               deployment exercises in Section 6.3 and
                                                  exercise is not defined in the
                                                                                                          Containment Capabilities: Two                         6.4 does not apply to source control and
                                                  Guidelines.
                                                                                                          commenters stated that exercising well                subsea containment equipment.
                                                    Response: This exercise is optional for                                                                       Response: The commenter is correct;
                                                                                                          control scenarios is currently not
                                                  EPA-regulated facilities. The scope and                                                                       the guidance on equipment deployment
                                                                                                          required under BSEE regulations.
                                                  objectives of an emergency procedures                      Response: BSEE disagrees. As                       exercises in Section 6.3 and 6.4 does not
                                                  exercise have not changed and are                       outlined in Notice to Lessees (NTL)                   apply to source control and subsea
                                                  outlined in Section 4 of the PREP                       2010–N10 and NTL 2012–N06, 30 CFR                     containment equipment. Section 6.5
                                                  Guidelines.                                             part 254 requires a plan holder to                    was purposely added to the PREP
                                                    Frequency of Equipment Deployment                     describe in its plan, and then exercise,              Guidelines to specifically address
                                                  Exercises: One commenter indicated                      how it will respond to a WCD, including               source control and subsea containment
                                                  that the frequencies for equipment                      any equipment necessary to contain and                equipment and prevent confusion with
                                                  deployment exercises for EPA Facility                   recover the discharge. BSEE interprets                respect to the applicability of
                                                  Response Plan (FRP) facilities need                     this regulatory language to be inclusive              requirements within Section 6.3 and
                                                  clarification.                                          of any resources necessary to contain                 6.4.
                                                    Response: Frequencies for equipment                   and secure the source of a potential or                 Advance Planning for Source Control-
                                                                                                          actual discharge, which could include                 related Deployment Exercises: One
                                                  deployment exercises are either annual
                                                                                                          the use of well control capabilities such             commenter suggested that BSEE consult
                                                  or semi-annual based on ownership of
                                                                                                          as capping stacks, cap and flow                       with industry during the advance
                                                  the response equipment, and are clearly
                                                                                                          equipment, subsea containment devices,                planning of any source control and
                                                  specified in Section 4 of the PREP
                                                                                                          and other supporting equipment. As the                subsea containment equipment
                                                  Guidelines; this requirement has not
                                                                                                          specific actions for controlling and                  deployment exercises in order to
                                                  changed.
                                                                                                          securing the source of the discharge                  capture past lessons learned and
                                                  DOT-Regulated Facilities Comments                       through well control are not expressly                maximize the safety of all exercise
                                                                                                          delineated in the current regulations,                participants.
                                                     Inclusion of Guidance for Railcars in                BSEE will work to clarify expectations                  Response: BSEE agrees that
                                                  the PREP Guidelines: One commenter                      and requirements in the regulations in                collaboration with industry to jointly
                                                  submitted several comments regarding                    a future proposed rulemaking. In the                  plan for deployment exercises involving
                                                  the inclusion of new exercise and                       interim, BSEE requires under 30 CFR                   source control equipment is an effective
                                                  training guidance for railroads having                  part 254 that source control and subsea               way to capture past lessons learned and
                                                  railcars with capacities of 3,500 gallons               containment capabilities be available,                maximize safety, as long as such
                                                  or more.                                                and these capabilities must be included               collaboration is compatible with the
                                                     Response: The inclusion of railcar-                  in a plan holder’s exercise program.                  objectives of the particular equipment
                                                  specific exercise guidance will not be                     Source Control and Subsea                          deployment exercise. BSEE has added
                                                  addressed in the PREP Guidelines until                  Containment Equipment Providers: One                  language to Section 6.5 that encourages
                                                  new requirements have been                              commenter stated that entities that                   agency personnel to conduct advance
                                                  promulgated in the CFR by PHMSA.                        provide source control equipment                      planning with industry whenever
                                                  PHMSA may address the inclusion of                      should not be considered OSROs, as                    possible in preparing for these exercises.
                                                  railcars in a future update of the PREP                 they often do not own the equipment or                  Shared Credit for Source Control and
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                                                  Guidelines. However, railroads may                      provide the people who might operate                  Subsea Containment Deployment
                                                  voluntarily use the PREP Guidelines                     the equipment.                                        Exercises: One commenter suggested
                                                  described for PHMSA-regulated                              Response: BSEE disagrees. The                      that all plan holders who contract for
                                                  facilities. In anticipation of new                      definition of an OSRO is very broad and               the services of a source control provider
                                                  requirements for railcars, Section 5 of                 may include many types of                             should share in the credit for any
                                                  the PREP Guidelines has been                            organizations, to include any entity that             equipment deployment exercises
                                                  broadened to allow for the inclusion of                 offers response resources necessary to                involving that provider’s source control
                                                  other DOT/PHMSA-regulated facilities.                   abate, contain, mitigate, and/or recover              equipment.


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                                                  21368                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                     Response: As there is no frequency                   deployments of source control                         exercise SSDI equipment upon receiving
                                                  requirement for plan holders to conduct                 capabilities at the discretion of the BSEE            direction from the Chief of OSPD, or the
                                                  equipment deployment exercises for                      Oil Spill Preparedness Division (OSPD)                Chief’s designated representative.
                                                  source control and subsea containment                   Chief, in consultation with the                       However, plan holders should carefully
                                                  equipment, shared credit is not                         appropriate BSEE Regional Director, as                describe how SSDI capabilities will be
                                                  necessary for these exercises at this                   needed to assess and verify the overall               used in their OSRPs. Plan holder
                                                  time. However, if any frequency for                     preparedness of a plan holder, or group               exercises and training, BSEE equipment
                                                  such equipment deployment exercises                     of plan holders, to operate in an Outer               verifications, and GIUEs should also
                                                  were to be established in the regulations               Continental Shelf (OCS) Region. As the                reflect this information. Completing
                                                  in the future, BSEE agrees that credit for              scope and cost of such deployment                     SSDI usage requests and plans, as well
                                                  any such equipment deployment                           exercises can be quite large, BSEE does               as completing dispersant stockpile
                                                  exercises should be shared amongst all                  not intend to require plan holders or                 management plans (as appropriate),
                                                  the plan holders that contract for that                 providers of source control, subsea                   were also added in response to
                                                  provider’s services. BSEE will consider                 containment, and supporting equipment                 comments as possible exercise
                                                  any source control and subsea                           to conduct deployment exercises at the                objectives in Section 6.2, which
                                                  containment deployment exercises that                   same semi-annual or annual frequency                  provides guidance on BSEE-required
                                                  have been completed by a contracted                     as required for other spill response                  IMT exercises. While BSEE
                                                  provider in the past when evaluating the                equipment. BSEE will continue to                      acknowledges the value of adding
                                                  need for a GIUE involving a different                   evaluate the information that was                     information that addresses the
                                                  plan holder but involving the same                      submitted to the docket as BSEE                       management of dispersant stockpiles in
                                                  provider or equipment.                                  prepares to update its regulations in 30              the Regional Containment
                                                     Frequency of Source Control and                      CFR part 254.                                         Demonstration Plans, the content of the
                                                  Subsea Containment Exercises:                              Operational Risk during Deployment                 Regional Containment Demonstrations
                                                  Numerous commenters raised concerns                     Exercises: Five commenters stated that                is outside of the scope of the PREP
                                                  regarding the frequency of deployment                   source control and subsea containment                 Guidelines document.
                                                  exercises for source control and subsea                 equipment should be removed from the
                                                                                                                                                                   GIUEs Involving Source Control,
                                                  containment equipment, and offered                      equipment deployment section of the
                                                                                                                                                                Subsea Containment, and Supporting
                                                  suggestions on potential deployment                     Guidelines due to the perceived
                                                                                                                                                                Equipment: One commenter stated that
                                                  requirements and verification practices.                increased risk that any such deployment
                                                  One commenter felt it was essential to                  operations might entail.                              source control and subsea containment
                                                  test the full range of source control and                  Response: BSEE disagrees. As with                  equipment should be excluded from
                                                  subsea containment equipment,                           the deployment of any substantial and                 deployment during a GIUE. Five
                                                  including all necessary supporting                      complex piece of response equipment,                  commenters raised concerns regarding
                                                  logistical arrangements, once every                     safety risks are present, but can be                  cost, high risks, and substantial time
                                                  triennial cycle. Another commenter                      effectively addressed through proper                  burdens associated with unannounced
                                                  supported a much more limited                           attention to, and implementation of, safe             exercises of this equipment, and
                                                  deployment and testing regime of this                   working practices and operational risk                questioned their utility to demonstrate
                                                  equipment and recommended an                            management throughout the exercise.                   real readiness. In particular, these
                                                  interval of once every nine years. Five                    Deployment Exercises for Subsea                    commenters raised concerns regarding
                                                  commenters stated that frequent                         Dispersant Injection (SSDI) Equipment:                the cost and impacts to industry
                                                  deployment of capping stacks in                         One commenter stated that if SSDI                     operations if source control and subsea
                                                  exercises could damage the equipment                    equipment in an OSRP were to be used                  containment equipment must be
                                                  and result in plan holders not having                   in conjunction with the deployment of                 recalled from active commercial service
                                                  source control equipment coverage                       source control and subsea containment                 and deployed in a GIUE. One
                                                  while repairs are made.                                 operations, SSDI should be included in                commenter further elaborated on the
                                                     Response: BSEE is required to verify                 Section 6.5 of the Guidelines regarding               potential for disruption and the
                                                  the ability and preparedness of plan                    source control and subsea containment                 expected challenges of obtaining the
                                                  holders to implement their source                       deployment exercises. The commenter                   necessary equipment during a non-
                                                  control plans (as outlined in their Oil                 also stated that a requirement to develop             emergency GIUE due to the mutual aid
                                                  Spill Response Plans or referenced                      dispersant stockpile management plans                 nature of the arrangements made for
                                                  Regional Containment Demonstrations).                   should be added to the contents of                    equipment through their source control
                                                  BSEE recognizes industry’s many                         Regional Containment Demonstration                    provider that is likely to remain in
                                                  concerns regarding the costs, safety                    Plans.                                                active service until an emergency
                                                  concerns, and operational disruptions                      Response: BSEE agrees in part. The                 occurs. The commenters further stated
                                                  that may accompany the deployment of                    deployment of SSDI equipment will                     that they, in collaboration with other
                                                  this equipment. BSEE also appreciates                   occur in close proximity to the                       plan holders, USCG, and BSEE, conduct
                                                  the many suggestions that were offered                  deployment of source control and                      annual IMT exercises and training with
                                                  by commenters for possible deployment                   subsea containment equipment, and                     their source control provider to ensure
                                                  frequencies and verification best                       will involve many similar logistical and              that they are ready to implement source
                                                  practices. As the current regulations in                operational challenges. As such, BSEE                 control activities during an incident,
                                                  30 CFR part 254 do not establish a                      will treat the deployment exercises of                which should obviate the need to
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                                                  required interval for the deployment of                 these two types of equipment in a                     conduct any GIUEs involving source
                                                  this type of equipment, the PREP                        similar manner. BSEE will not require                 control capabilities. One commenter
                                                  Guidelines cannot provide any                           plan holders to exercise their SSDI                   stated that logistical systems supporting
                                                  additional guidance on a specific                       equipment at the same frequency                       source control operations should be
                                                  interval requirement at this time. In the               intervals as other spill countermeasures              deployed and exercised triennially in a
                                                  absence of any defined scope and                        that are designed for removing or                     GIUE. Five commenters stated that
                                                  frequency interval in the regulations,                  mitigating oil at the water’s surface.                quarterly material inspections and
                                                  BSEE will continue to conduct                           Plan holders will only be required to                 testing of capping stacks is adequate to


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                           21369

                                                  ensure the preparedness of a plan                       systems, for any specific plan holder,                supporting equipment as part of the
                                                  holder and source control provider, and                 OSRO, or support service provider                     scope of a GIUE; however, BSEE has the
                                                  that deployments of the capping stack                   through its execution of GIUEs. The                   authority and retains the prerogative to
                                                  and other source control equipment in                   inspection and testing of source control              require GIUEs that have the deployment
                                                  an unannounced exercise are                             equipment conducted under 30 CFR                      of source control, subsea containment,
                                                  unnecessary. Five commenters                            part 250 have a different focus and                   and/or supporting equipment as an
                                                  suggested that BSEE coordinate with the                 purpose from GIUEs and equipment                      element of that exercise, or to require
                                                  plan holder to observe source control                   deployment exercises conducted under                  deployment exercises of this equipment
                                                  equipment that is in daily operational                  30 CFR part 254 and PREP. BSEE                        that are coordinated in advance but
                                                  use in normal drilling operations to                    acknowledges that these activities may                have some elements and objectives that
                                                  verify its material condition,                          be synergistic in ensuring overall                    will remain undisclosed until the
                                                  availability, and operational readiness,                preparedness; however, they are not                   commencement of the exercise. As
                                                  rather than requiring the equipment to                  redundant to the point of making one or               organizations that provide source
                                                  be deployed in an exercise. Five                        the other unnecessary. The inspection                 control, subsea containment, and
                                                  commenters stated that during a GIUE                    and testing of capping stacks is an                   supporting equipment and services
                                                  targeting the deployment of source                      important part of the overall process of              cover multiple plan holders, if any
                                                  control or subsea containment                           ensuring and maintaining the                          deployment exercise is successfully
                                                  equipment, the plan holder or service                   functionality and proper operating                    conducted by such a service provider,
                                                  provider should be able to provide                      condition of source control capabilities;             BSEE will honor credit for that
                                                  documentation of past operational use                   PREP exercises, on the other hand, often              deployment exercise to all plan holders
                                                  in lieu of conducting an actual                         focus on an operator’s ability to                     who contract with the provider for that
                                                  deployment of the equipment.                            mobilize and deploy the equipment, and                equipment. This extension of credit
                                                     Response: BSEE fully acknowledges                    on the proficiencies of response                      does not extend to IMT exercises where
                                                  industry’s concerns regarding the                       personnel who must operate the                        the management and oversight of source
                                                                                                          equipment in emergency conditions.                    control activities must be exercised to
                                                  complexity, operational impacts, and
                                                                                                                                                                ensure proper integration with other
                                                  costs associated with a GIUE of any                     BSEE will certainly consider the overall
                                                                                                                                                                surface response activities and the
                                                  source control and subsea containment                   performance of these tests and
                                                                                                                                                                overall management of the incident.
                                                  equipment, and will factor these                        inspections when considering whether
                                                                                                                                                                These IMT exercises must include
                                                  concerns into any decisions requiring                   there is a need to hold a deployment
                                                                                                                                                                interaction between officials from a plan
                                                  such exercises. BSEE will also evaluate                 exercise, whether announced or a GIUE,
                                                                                                                                                                holder’s specific organization and its
                                                  the potential for costs and disruptions to              of a capping stack or other significant
                                                                                                                                                                IMT, including those officials who
                                                  mutual aid sources of equipment when                    source control equipment. BSEE
                                                                                                                                                                would manage source control and
                                                  considering the possibility of designing,               acknowledges the potential utility of
                                                                                                                                                                subsea containment activities, and
                                                  holding, and evaluating any GIUE that                   conducting checks of equipment while
                                                                                                                                                                therefore should be conducted
                                                  would involve the deployment of such                    it is in actual operational use as a form             separately and singularly for each
                                                  equipment. BSEE will also evaluate a                    of verifying material readiness, and may              OSRP.
                                                  plan holder’s and their source control                  elect to pursue this means in certain                    Frequency of GIUEs Conducted by
                                                  providers’ exercise, training, and                      circumstances. However, checks                        BSEE: Five commenters requested that
                                                  maintenance programs in their                           performed in this manner may not                      BSEE clarify language regarding the
                                                  assessment of the plan holder’s overall                 always satisfy BSEE compliance and                    frequency of GIUEs, and specifically
                                                  preparedness when determining the                       exercise objectives or requirements for               requested that the word ‘‘generally’’ be
                                                  need to hold a GIUE involving source                    evaluating certain aspects of a plan                  removed regarding the applicability of a
                                                  control capabilities. BSEE agrees that                  holder’s and their source control                     GIUE to any facility. One commenter
                                                  plan holder-initiated exercises and                     providers’ overall readiness. BSEE                    stated that each BSEE OSPD Section
                                                  training, whether announced or                          disagrees with the suggested practice of              should set a minimum number of GIUEs
                                                  unannounced, are critical parts of plan                 providing documentation of past                       that will be conducted in each OCS
                                                  holder preparedness. However, BSEE                      operational use as the default means of               Region, and those numbers and exercise
                                                  also believes that GIUEs serve as an                    meeting GIUE deployment exercise                      results should be published annually.
                                                  important added incentive for plan                      expectations and objectives; however, it                 Response: BSEE agrees with the
                                                  holders to maintain their readiness. The                is left to the discretion of the BSEE                 requested clarification of removing the
                                                  GIUE is an important evaluation and                     officials conducting the GIUE to                      word ‘‘generally’’, and has made the
                                                  compliance tool used by BSEE in                         determine what level of actual                        requested change. BSEE disagrees that
                                                  exercising its oversight responsibilities               deployment operations will be required                the Bureau should be bound to a fixed
                                                  that is not always adequately replicated                to test spill response preparedness and               number of GIUEs for any given year.
                                                  by agency participation in plan holder-                 what items may be satisfied through the               BSEE will use a number of factors that
                                                  initiated exercises and training. BSEE                  presentation of documentation.                        vary from year to year in determining
                                                  believes that the logistical systems that               Decisions regarding focus, scope, and                 the need to conduct GIUEs and will use
                                                  support source control and subsea                       means of compliance for any BSEE-                     risk-based decision-making tools
                                                  containment operations are candidates                   initiated GIUE objectives that will test              whenever possible. The current
                                                  to be part of the potential scope and                   spill response preparedness, including                language in the revised Guidelines has
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                                                  exercise objectives for a GIUE. BSEE has                those involving source control and                    been retained to indicate that the
                                                  added language to that effect in the                    subsea containment equipment, is at the               number of GIUEs conducted by BSEE
                                                  subsection providing guidance on BSEE                   discretion of the BSEE OSPD Office                    will be determined by the BSEE OSPD
                                                  GIUEs. BSEE does not, however, set or                   Chief and the Chief’s designated Section              Chief, and does not make any reference
                                                  implement regular frequency intervals                   personnel conducting the GIUE. BSEE                   to a specific minimum number that
                                                  for deploying or exercising the specific                does not intend to routinely conduct                  must be conducted in a given year. In
                                                  capabilities, whether spill response,                   GIUEs that include the deployment of                  order to maintain maximum flexibility
                                                  source control, or supporting logistical                source control, subsea containment, and               in conducting GIUEs as preparedness


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                                                  21370                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  needs dictate, BSEE does not intend to                  describes the information we seek to                  or decide not to seek approval of
                                                  publish any information in advance                      collect from the public. Before                       revisions of the Collection. We will
                                                  regarding the number of GIUEs being                     submitting this ICR to OIRA, the Coast                consider all comments and material
                                                  planned during a calendar year. BSEE                    Guard is inviting comments as                         received during the comment period.
                                                  does publish the number of GIUEs that                   described below.                                        We encourage you to respond to this
                                                  were conducted each year in its Annual                  DATES: Comments must reach the Coast                  request by submitting comments and
                                                  Report, which is available for public                   Guard on or before June 10, 2016.                     related materials. Comments must
                                                  viewing on the BSEE Web site. BSEE                      ADDRESSES: You may submit comments                    contain the OMB Control Number of the
                                                  does not publish the specific results of                identified by Coast Guard docket                      ICR and the docket number of this
                                                  each GIUE in the report.                                number [USCG–2016–0204] to the Coast                  request, [USCG–2016–0204], and must
                                                    Dispersant Application Requests and                   Guard using the Federal eRulemaking                   be received by June 10, 2016.
                                                  Usage Plans: Two commenters stated                      Portal at http://www.regulations.gov.                 Submitting Comments
                                                  that IMTs should be proficient in                       See the ‘‘Public participation and
                                                  preparing request forms and application                                                                          We encourage you to submit
                                                                                                          request for comments’’ portion of the
                                                  plans for the use of aerial dispersants to                                                                    comments through the Federal
                                                                                                          SUPPLEMENTARY INFORMATION section for
                                                  the FOSC/RRT, and that the Daily                                                                              eRulemaking Portal at http://
                                                                                                          further instructions on submitting
                                                  Aerial/Vessel Dispersant Application                                                                          www.regulations.gov. If your material
                                                                                                          comments.
                                                  Plan, as outlined in API Technical                        A copy of the ICR is available through              cannot be submitted using http://
                                                  Report 1148, is an acceptable template                  the docket on the Internet at http://                 www.regulations.gov, contact the person
                                                  that would provide for a consistent                     www.regulations.gov. Additionally,                    in the FOR FURTHER INFORMATION
                                                  methodology for such plans.                                                                                   CONTACT section of this document for
                                                                                                          copies are available from:
                                                    Response: BSEE agrees, and has                        COMMANDANT (CG–612), ATTN:                            alternate instructions. Documents
                                                  inserted language in their IMT exercise                 PAPERWORK REDUCTION ACT                               mentioned in this notice, and all public
                                                  guidance recommending that IMTs use                     MANAGER, U.S. COAST GUARD, 2703                       comments, are in our online docket at
                                                  the API Technical Report in preparing                   MARTIN LUTHER KING JR AVE SE.,                        http://www.regulations.gov and can be
                                                  the requests and usage plans.                           STOP 7710, WASHINGTON, DC 20593–                      viewed by following that Web site’s
                                                                                                          7710.                                                 instructions. Additionally, if you go to
                                                  IV. Public Availability of 2016 PREP
                                                                                                                                                                the online docket and sign up for email
                                                  Guidelines                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                alerts, you will be notified when
                                                     The PREP 4C has finalized the 2016                   Contact Mr. Anthony Smith, Office of                  comments are posted.
                                                  PREP Guidelines which will be publicly                  Information Management, telephone                        We accept anonymous comments. All
                                                  available on a new NSFCC/PREP4C Web                     202–475–3532, or fax 202–372–8405, for                comments received will be posted
                                                  site and can also be found at https://                  questions on these documents.                         without change to http://
                                                  Homeport.uscg.mil/exercises. The USCG                   SUPPLEMENTARY INFORMATION:                            www.regulations.gov and will include
                                                  is releasing the 2016 PREP Guidelines                   Public Participation and Request for                  any personal information you have
                                                  on behalf of the PREP 4C.                               Comments                                              provided. For more about privacy and
                                                    Dated: April 5, 2016.                                                                                       the docket, you may review a Privacy
                                                                                                            This Notice relies on the authority of              Act notice regarding the Federal Docket
                                                  P.J. Brown,                                             the Paperwork Reduction Act of 1995;
                                                  Rear Admiral, U.S. Coast Guard, Assistant                                                                     Management System in the March 24,
                                                                                                          44 U.S.C. Chapter 35, as amended. An                  2005, issue of the Federal Register (70
                                                  Commandant for Response Policy.                         ICR is an application to OIRA seeking
                                                  [FR Doc. 2016–08215 Filed 4–8–16; 8:45 am]
                                                                                                                                                                FR 15086).
                                                                                                          the approval, extension, or renewal of a
                                                  BILLING CODE 9110–04–P                                  Coast Guard collection of information                 Information Collection Request
                                                                                                          (Collection). The ICR contains                           Title: Various International
                                                                                                          information describing the Collection’s               Agreement Certificates and Documents.
                                                  DEPARTMENT OF HOMELAND                                  purpose, the Collection’s likely burden                  OMB Control Number: 1625–0118.
                                                  SECURITY                                                on the affected public, an explanation of                Summary: This information collection
                                                  Coast Guard                                             the necessity of the Collection, and                  is associated with the Maritime Labour
                                                                                                          other important information describing                Convention (MLC), 2006. The Coast
                                                  [Docket No. USCG–2016–0204]                             the Collection. There is one ICR for each             Guard established a voluntary
                                                                                                          Collection.                                           inspection program for vessels who
                                                  Information Collection Request to                         The Coast Guard invites comments on                 wish to document compliance with the
                                                  Office of Management and Budget;                        whether this ICR should be granted                    requirements of the MLC. U.S.
                                                  OMB Control Number: 1625–0118                           based on the Collection being necessary               commercial vessels that operate on
                                                  AGENCY:Coast Guard, DHS.                                for the proper performance of                         international routes are eligible to
                                                        Sixty-day notice requesting
                                                  ACTION:                                                 Departmental functions. In particular,                participate. The Coast Guard issues
                                                  comments.                                               the Coast Guard would appreciate                      voluntary compliance certificates as
                                                                                                          comments addressing: (1) The practical                proof of compliance with the MLC.
                                                  SUMMARY:   In compliance with the                       utility of the Collection; (2) the accuracy              Need: This information is needed to
                                                  Paperwork Reduction Act of 1995, the                    of the estimated burden of the                        determine if a vessel is in compliance
                                                  U.S. Coast Guard intends to submit an                   Collection; (3) ways to enhance the                   with the Maritime Labour Convention,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Information Collection Request (ICR) to                 quality, utility, and clarity of                      2006.
                                                  the Office of Management and Budget                     information subject to the Collection;                   Forms: CG–16450, Maritime Labour
                                                  (OMB), Office of Information and                        and (4) ways to minimize the burden of                Certificate; CG–16450A, Interim
                                                  Regulatory Affairs (OIRA), requesting                   the Collection on respondents,                        Maritime Labour Certificate; CG–
                                                  approval of revision to the following                   including the use of automated                        16450B, Declaration of Maritime Labour
                                                  collection of information: 1625–0118,                   collection techniques or other forms of               Compliance—Part 1; CG–16450C,
                                                  Various International Agreement                         information technology. In response to                Maritime Labour Convention, 2006
                                                  Certificates and Documents. Our ICR                     your comments, we may revise this ICR                 Inspection Report.


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Document Created: 2016-04-09 00:11:21
Document Modified: 2016-04-09 00:11:21
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 of availability of updated PREP Guidelines.
DatesThe 2016 PREP Guidelines document will become effective on June 10, 2016.
ContactFor USCG: Mr. Jonathan Smith, Office of Marine Environmental Response Policy, 202-372-2675.
FR Citation81 FR 21362 

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