Published May 29, 2008
Effective June 30, 2008
This rule affects all OCS oil and gas operators with plans for platform jacket transport, placement and/or launch projects.
The U.S. Maritime Administration (MARAD) published an Interim Final Rule adding a new 46 CFR 389 effective June 30, 2008. The Rule sets forth a
requirement for platform operators to notify the MARAD when DOCDs or DPPs are filed with the MMS. The purpose of the Rule is to provide U.S. firms
an opportunity to provide a suitable U.S.-Flag launch barge to transport and launch the platform.
Initial Notification
When operators of any type of offshore exploration, development, or production structure expect to need the use of a launch
barge they must notify the Maritime Administration with technical details of the platform jacket, physical requirements for a
suitable launch barge, projected time and location and company information. This notification must occur at the earliest of
either of the following:
- Filing Development and Production Plans (DPP) or Development Operations Coordination Documents (DOCD) with the MMS, or
- At least 21 months before the proposed date of using a launch barge.
Application for Waiver
If, after surveying the market and discussing the project with potential coastwise-qualified launch barge owners/operators,
it appears that coastwise-qualified vessels will not be available, the platform jacket owner/operator may apply to the
Maritime Administration for a determination of non-availability and request to use a foreign launch barge. The fully
complete application must be submitted at least 120 days prior to the proposed launch barge operations date.
Affidavit and Fees
Applicants must submit a non-refundable “deposit” check in the amount of $500 (Five Hundred Dollars) made payable to the Maritime
Administration. The applicant must also submit a signed statement that they agree to pay all additional costs for actual staff
hours at applicable hourly rates plus overhead, administrative and other relevant costs.
Application Review / Decision Process
When MARAD decides the application is complete, it will publish a notice in the Federal Register describing the project and will make crucial project information
available to interested parties upon request. The notice will request information on the availability of coastwise-qualified launch barges within thirty (30) days
after the publication date. MARAD will also notify the registered coastwise-qualified owners/operators separately.
MARAD will review any responses to the information request and will facilitate discussions between the offerors and the platform jacket owner/operator.
If the parties are unable to reach agreement, a decision will be made regarding availability.
Non-availability Decisions
A determination of non-availability will be issued if MARAD determines that no suitable coastwise-qualified vessel is reasonably available. This decision will be issued
within ninety (90) days from the date the application notice was published in the Federal Register. The decision will expire one-hundred and twenty (120) days after
the date of issuance, unless an extension is provided for good cause.
For more information:
Please see the published final rule at
JCCRegs.com (subscription required).
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