
[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76299-76300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31218]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 155

[Docket No. USCG-2011-0576]
RIN 1625-AB75


Higher Volume Port Area--State of Washington

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent.

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SUMMARY: The Coast Guard announces that it intends to comply with 
recent legislation that would expand an existing higher volume port 
area (HVPA) for Puget Sound and the Strait of Juan de Fuca. The 
expansion would add Pacific Ocean waters, under U.S. jurisdiction and 
within a 50-mile arc measured from Cape Flattery, Washington, to the 
HVPA. Higher volume port areas require certain tankers to plan for 
faster response times following a spill of the tanker's cargo.

[[Page 76300]]

The expansion could require a tanker's owner or operator to review and 
modify the tanker's existing vessel response plan (VRP) accordingly, 
and to receive Coast Guard approval for the modified VRP by October 15, 
2015.

ADDRESSES: The docket for this notice of intent is available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2011-0576 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of intent, call or email LT Evelynn Samms, U.S. Coast Guard 
Office of Vessel Activities; telephone (202) 372-1225, email 
Evelynn.B.Samms@uscg.mil. If you have questions on viewing the material 
in the docket, call Ms. Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: A tanker is required by U.S. law and Coast 
Guard regulations to have a vessel response plan (VRP) if its cargo 
consists of petroleum or non-petroleum oil, animal fat, and/or 
vegetable oil. A VRP describes how the tanker prevents, mitigates, or 
responds to spills of its cargo. See 33 CFR 155.1010, 33 CFR 155.1110, 
and 33 CFR 155.1210. In describing how the tanker would respond to a 
spill, the VRP must demonstrate the tanker's ability to deploy specific 
response resources within one of three different timeframes (Tiers 1 
through 3). 33 CFR 155.1020. Those response resources typically include 
the services of nearby response vessels under a contract between the 
tanker's owner or operator and an oil spill response organization that 
owns the response vessel. In 14 higher volume port areas (HVPAs) 
defined in 33 CFR 155.1020, the risk of a cargo spill is considered 
higher than normal because of a higher volume of shipping activity in 
these HVPAs. To offset the increased risk, these HVPAs require faster 
response times for each Tier.
    The Coast Guard Authorization Act of 2010 (``the Act''), Pub. L. 
111-281, 124 Stat. 2905, was enacted on October 15, 2010, and provides 
the authority for issuing this notice of intent. Section 710 of the Act 
requires the Coast Guard to undertake action that will lead to the 
expansion of the HVPA in the Strait of Juan de Fuca and Puget Sound, 
Washington. Expansion would be achieved by moving the seaward boundary 
of the HVPA, currently a 50-mile arc centered on the entrance to Port 
Angeles, Washington, westward to Cape Flattery, Washington. Moving the 
seaward boundary would add Pacific Ocean waters that are under U.S. 
jurisdiction and within a 50-mile arc measured from Cape Flattery to 
the Strait of Juan de Fuca and Puget Sound. We added an excerpt from 
navigation chart 18480, ``Approaches to Strait of Juan de Fuca--
Destruction Island to Amphitrite Point,'' showing the revised HVPA, to 
the docket.
    A currently valid VRP attests to a tanker's ability to comply with 
HVPA response time requirements within the more sheltered waters of the 
current HVPA, but the same tanker may need to revise its VRP to account 
for spill response in the open ocean waters of the future expanded 
HVPA. There may also be some tankers that do not operate within the 
current boundaries of the HVPA, but that do operate in the open ocean 
offshore of those boundaries, and these tankers may need to revise 
their VRPs to show how they will comply with HVPA requirements once 
those ocean waters become part of the HVPA.
    The Act further requires that, if a VRP needs to be revised in 
light of the boundary change, the Coast Guard must approve the revision 
not later than October 15, 2015. Our purpose in issuing this document 
is to announce our intent to comply with the Act. The HVPA has not yet 
been expanded; therefore, we cannot require tanker owners and operators 
to revise VRPs in preparation for expansion at this time. However, if 
you would be affected by the future expansion of the HVPA and would 
need a VRP covering the expanded area, we advise you to begin 
developing a VRP now so that you can submit it in time for Coast Guard 
review and approval before the mandatory October 15, 2015, deadline.

    Dated: November 23, 2011.
Paul F. Thomas,
Captain, U.S. Coast Guard, Acting Director of Prevention Policy.
[FR Doc. 2011-31218 Filed 12-6-11; 8:45 am]
BILLING CODE 9110-04-P


