Offshore Supply Vessels

SUMMARY: The Coast Guard is publishing, as an Interim Rule, a complete

set of regulations (a whole new subchapter L) applicable to new

offshore supply vessels (OSVs), including liftboats, and is providing

the opportunity for additional public comment. These regulations are

needed to implement statutory changes to the certification and

inspection of conventional OSVs, and the certification and inspection

of hitherto-uninspected liftboats. They contain many changes to current

regulations and policy governing conventional OSVs, contain first-time

regulations for liftboats, and make specific revisions to accommodate

these vessels' unique characteristics, their methods of operation, and

their types of service. These regulations are intended to eliminate the

practice of circumventing inspection of certain categories of OSVs and

to improve the level of safety of all OSVs, including liftboats, which

will now be certificated and inspected.

DATES: This Interim Rule becomes effective on March 15, 1996; comments

must be received on or before February 14, 1996. OSVs certificated

before March 15, 1996, may either comply with these regulations in

their entirety or continue to comply with, and to be certificated

under, current regulations and policy. The Director of the Federal

Register approves the incorporation by reference of certain

publications listed in the regulations as of March 15, 1996.

ADDRESSES: Comments should be mailed to Executive Secretary, Marine

Safety Council (G-LRA, 3406) [CGD 82-004 or CGD 86-074], U.S. Coast

Guard, 2100 Second Street SW., Washington, DC 20593-0001. The comments

and materials referred to in this notice will be available for

examination and copying between 8 a.m. and 4 p.m., Monday through

Friday, except holidays, at the Marine Safety Council, U.S. Coast

Guard, Room 3406, 2100 Second Street SW., Washington, DC 20593-0001.

Comments may also be hand-delivered.

A Regulatory Assessment has been placed in the public docket for

this rulemaking, and may be inspected and copied at the office of the

Marine Safety Council, at the address listed above.

FOR FURTHER INFORMATION CONTACT:

James M. Magill, Office of Marine Safety, Security, and Environmental

Protection (G-MOS-2), Room 1208c, U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC 20593-0001, (202) 267-1181.

SUPPLEMENTARY INFORMATION:

Request for Comments

Because of the extended length of time from publication of the

Notice of Proposed Rulemaking (NPRM) to publication of this interim

rule, the Coast Guard encourages interested persons to participate in

this rulemaking by submitting additional written data, views, or

arguments. Persons submitting comments should include their names and

addresses, identify this rulemaking (CGD 82-004 and CGD 86-074) and the

specific section of the rule or related documents to which each comment

applies; and give a reason for each comment. Please submit two copies

of all comments and attachments in an unbound format, no larger than

8\1/2\ by 11 inches, suitable for copying and electronic filing.

Persons wanting acknowledgment of receipt of comments should enclose

stamped, self-addressed postcards or envelopes.

The Coast Guard recognizes that there are some differences in

format and minor differences in terminology between this Interim Rule

and the Supplementary Notice of Proposed Rulemaking for Small Passenger

Vessel Inspection and Certification (CGD 85-080). The Coast Guard will

be examining these differences with the object of attaining uniformity

in format and terminology where identical requirements are intended.

Differences in requirements may also be reconciled when the final rules

for these two projects are published. Comments are invited identifying

instances where apparently identical requirements are expressed

differently, or where different requirements are imposed that may be

candidates for uniform treatment.

The Coast Guard will consider all comments received during the

comment period. The rule may be changed in light of comments received.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include the reasons why a hearing

would be beneficial. If it is determined that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information: Several offices at Coast Guard

Headquarters participated in drafting this interim rule, but the

principal persons involved in drafting this rule are James M.

Magill, Project Manager, Office of Marine Safety, Security, and

Environmental Protection, and Mr. Patrick J. Murray, Project

Counsel, Office of the Chief Counsel.

Regulatory History

ANPRMs

Two Advance Notices of Proposed Rulemaking (ANPRMs) have appeared

in this rulemaking.

On February 14, 1983, the Coast Guard published (48 FR 6636) an

ANPRM, under CGD 82-004, to provide an early opportunity for public

comment on a preliminary draft of a comprehensive set of requirements

for inspection and certification applicable to new OSVs. Twenty-four

comments were received, on various technical aspects of the proposal.

Many of the recommendations from those comments were incorporated into

the subsequent Notice of Proposed Rulemaking (NPRM) discussed below.

On April 16, 1987, the Coast Guard published (52 FR 12439) a second

ANPRM, under CGD 86-074, asking for specific information to help the

Coast Guard in developing specialized regulations for self-elevating

OSVs (liftboats). Fourteen comments were received. Many of the

recommendations from those comments were incorporated into the

subsequent NPRM discussed below.

NPRM

On May 9, 1989, the Coast Guard published, under both CGD 82-004

and 86-074, an NPRM (54 FR 20006). The comment period had originally

been scheduled to end on September 6, 1989, but on August 31, 1989 (54

FR 36040), it was extended until December 6, 1989. Included with the

extension of the comment period was notice of a public hearing on the

proposed rule, which hearing took place at New Orleans, Louisiana, on

September 13, 1989. Twenty letters were received, containing one

hundred and ninety-four comments on various technical aspects of the

proposed rule. Many of the recommendations from those comments have

been incorporated in this interim rule.

[[Page 57631]]

Discussion of This Interim Rule

Conventional OSVs have traditionally provided a wide range of

supply and support to offshore industries extracting oil and minerals.

Once, these vessels operated almost exclusively in the Gulf of Mexico;

now, they operate worldwide.

Self-elevating OSVs, commonly known as liftboats, are more

specialized in their service. These have built-in jacking-systems,

which allow them to be ``jacked up'' above the ocean's surface and to

become, in effect, stationary platforms for a temporary period. Once

jacked up, these vessels render specific service, such as maintenance

and construction, to adjacent offshore structures.

Conventional OSVs

Conventional OSVs are propelled by motor, measure less than 500

gross tons, and engage in short voyages. Until October 6, 1980, these

vessels were--

(a) Inspected by the Coast Guard as cargo and miscellaneous vessels

under 46 CFR subchapter I, if of over 15 and under 500 gross tons and

carrying freight for hire;

(b) Inspected by the Coast Guard as small passenger-vessels under

46 CFR subchapter T, if of less than 100 gross tons and carrying more

than six passengers for hire; or

(c) Not inspected by the Coast Guard, because they operated under

``bareboat charters''.

The vessels under subchapter I were known as ``supply boats.''

Typically, they were of steel construction, carried large amounts of

deck cargo, and carried up to 16 persons in addition to the crew on

domestic voyages as permitted by 46 U.S.C. 3304 (formerly 46 U.S.C.

882).

The vessels under subchapter T were known as ``crew boats.''

Typically, they were of aluminum or steel construction, were relatively

swift, carried limited amounts of deck cargo, and carried a large

number of passengers.

Pub. L. 96-378, enacted on October 6, 1980, made important changes

to how conventional OSVs were to be inspected by the Coast Guard. (In

1983, the provisions of Pub. L. 96-378 were consolidated, without

substantive change, and recodified in Title 46, U.S.C. Subtitle II. Its

provisions are now contained principally in 46 U.S.C. 2101(19),

2101(21)(C), 3301(3), 3302(g), 3306, 3307, 3501, and 8301.) Among the

changes mandated by Pub. L. 96-378 were the following:

(1) A controversial feature of the off-shore-support industry for

many years had been its use of contractual arrangements, involving

bareboat charters coupled with operating agreements, to circumvent a

requirement for Certificates of Inspection from the Coast Guard. Pub.

L. 96-378 eliminated this subterfuge by requiring all OSVs to be

inspected.

(2) Pub. L. 96-378 defined an OSV as any vessel that regularly

carries goods, supplies, or equipment in support of exploration,

exploitation, or production of offshore mineral or energy resources, is

propelled by machinery other than steam (is a motor vessel), is not a

small passenger-vessel regulated under 46 CFR subchapter T, and is of

between 15 and 500 gross tons. (This definition has persisted into 46

U.S.C. 2101(19).)

(3) Pub. L. 96-378 categorized conventional OSVs as follows:

(i) Pre-1979 OSVs--those (a) that were operating in support of the

offshore industry on or before January 1, 1979, or (b) that were

contracted for on or before that date and that entered into service

before October 6, 1980.

(ii) All other OSVs. Since 1980, over 350 conventional OSVs have

been certificated under subchapter I or T.

(4) Each conventional OSV, other than a pre-1979 OSV, is currently

subject to inspection as follows:

(i) A vessel of more than 15 gross tons but less than 100 gross

tons is subject to Coast Guard inspection under subchapter I or T,

depending on the owner's preference and the vessel's principal use.

(ii) A vessel of 100 or more gross tons but less than 500 gross

tons is subject to Coast Guard inspection under subchapter I.

(5) Each pre-1979 OSV continues to be subject to inspection under

subchapter I or T as applicable. On October 20, 1980, the Coast Guard

published (45 FR 69242) a final rule requiring that pre-1979 OSVs be

registered with Officers in Charge, Marine Inspection, on or before

January 6, 1981, and that they be certificated not later than two years

from the date of registration. These vessels are not subject to

existing regulations on major changes of structure or major

replacements of equipment unless compliance is necessary to remove

especially hazardous conditions. The legislative history of Pub. L. 96-

378 states, in part, that OSVs should ``conform as closely as possible

to inspection standards applied to new vessels''. However, Congress

recognized that it would not be practicable to require major changes of

structure or equipment on OSVs previously uninspected. Therefore, pre-

1979 OSVs are not subject to standards that require those major changes

unless the Coast Guard determines that those changes are necessary to

remove unreasonable risks to the vessels or their crews. Note that 46

U.S.C. 2101 as amended now deems OSVs not to be tank vessels and,

therefore, relieves them of having to meet requirements applicable to

tank vessels for preventing oil pollution.

Liftboats

The high rate of casualties experienced by self-elevating OSVs

(liftboats) requires the development of specific regulations that

address liftboats' design, stability, construction, and operations. The

Coast Guard anticipates that promulgation and enforcement of the

regulations in this Interim Rule will render new liftboats

substantially safer than their predecessors.

Again, on April 16, 1987, the Coast Guard published (52 FR 12439)

an ANPRM, under CGD 86-074, asking for specific information to help the

Coast Guard in developing specialized regulations for liftboats. As

stated in this ANPRM, the need for regulations was based on the high

incidence of casualties involving liftboats, and upon specific safety

recommendations made by the National Transportation Safety Board (NTSB)

in its review of those casualties.

The Coast Guard conducted its review of the available history of

casualties from 1980 to 1987 in advance of the 1987 ANPRM. The review

showed that over 20% of the approximately 250 liftboats in the fleet

had been involved in reported casualties, resulting in 10 deaths, 33

serious injuries, constructive total loss of 13 vessels, and overall

physical damage exceeding $20 million. Many of these casualties were

directly attributable to inadequate design or improper operating

procedures. The results of the 1987 review have been incorporated into

the Regulatory Assessment referred to above under ADDRESSES. The review

is also discussed, in more detail, in the following paragraphs.

Until 1988, the Coast Guard regulated liftboats primarily under 46

CFR subchapter C, which contains safety regulations for uninspected

vessels. Virtually all liftboats were of under 300 gross tons and were,

at that time, believed by the Coast Guard to provide mainly services

under contract to the offshore industry; that is, these vessels and

their crews were chartered by an operator to perform a particular

function or task in support of offshore drilling or production. Since

these vessels were of less than 300 gross tons and were not known or

believed to be carrying goods and supplies in support of the offshore

industry, they stood exempt from the

[[Page 57632]]

requirements for inspection and certification under the general

provisions of Title 46, U.S.C. (Chapter 33 or Subtitle II).

The high incidence of casualties involving liftboats reflected in

the 1987 review made it clear that the requirements in 46 CFR

subchapter C were ineffective for promoting liftboats' safe operation.

Further, the review showed that these vessels had been routinely

carrying goods, supplies, equipment, and offshore workers to offshore

structures, as well as performing their traditional function in support

of construction and maintenance of offshore structures. Accordingly,

the Coast Guard determined in 1988 to inspect liftboats as OSVs under

46 U.S.C. 3301(3). On March 23, 1988, the Coast Guard published

guidance for the inspection of liftboats as Change 1 (CH-1) to

Navigation and Vessel Inspection Circular 8-81 (NVIC 8-81), ``Initial

and Subsequent Inspection of Uncertificated Existing Offshore Supply

Vessels under Public Law 96-378.'' On May 21, 1991, the Coast Guard

published NVIC 8-91, interim guidance for applying the requirements of

Subchapters I and T to existing liftboats, as appears more fully below.

NVIC 8-91 cancelled NVIC 8-81 and its CH-1.

Specialized OSVs

The 1987 ANPRM proposed that regulations for liftboats and other

specialized OSVs be pursued in two distinct phases: Phase I to address

liftboats; phase II to address specialized OSVs engaged in support of

diving, of painting and sand-blasting, and so on. An analysis of the

histories of casualties and of the operation of these specialized OSVs,

conducted as a part of the effort to prepare the NPRM and this interim

rule, shows that no additional regulations are necessary for these

vessels as they are for liftboats. The requirements for new

conventional OSVs in this rule will also apply to these specialized

OSVs and should be sufficient to promote their safe operation.

Consequently, the Coast Guard does not intend to act further on phase

II of the 1987 ANPRM.

Existing OSVs

The Coast Guard has historically tried to let owners and operators

of existing vessels, first coming under inspection for certification,

continue operation without being unduly penalized by newly promulgated

regulations, provided their operations can be conducted safely.

Existing conventional OSVs, including pre-1979 OSVs, had been inspected

and certificated under guidance provided in NVIC 8-81, and by

additional guidance for inspecting liftboats published as CH-1 to NVIC

8-81. This additional guidance was developed to address the hazards

contributing to the high number of liftboat casualties.

CH-1 to NVIC 8-81 extended to liftboats the same consideration

permitted for conventional OSVs: relaxation of certain provisions of 46

CFR subchapter I or T. The Coast Guard is conscious of the economic

hardship potentially imposed upon owners and operators of existing

vessels first coming under inspection for certification. Therefore, in

keeping with the intent of Public Law 96-378, it treated existing

liftboats differently from new liftboats. CH-1 to NVIC 8-81 did not

address features that can be addressed only in the design stage, such

as main-hull strength and damage stability, since modification of

existing vessels to meet recognized standards in these and other

features is very costly. Instead, it limited the areas and conditions

of operation according to vessels' design, including leg strength and

stability. Over 50 liftboats applied for and received initial

inspection for certification under CH-1 to NVIC 8-81.

Recently the Coast Guard became aware of a large number of existing

liftboats designed and operated on inland waters or on State waters of

Texas and Louisiana. These vessels are typically operated closer to

harbors of safe haven than are larger, ocean-going liftboats. In

response to requests from representatives of these liftboats, the Coast

Guard revisited the issue of initial inspection for certification of

existing liftboats. The result was NVIC 8-91. NVIC 8-91 incorporates

the guidance of NVIC 8-81 and its CH-1, and provides further guidance

toward a level of safety for smaller, existing liftboats equivalent to

that for larger, existing or new, liftboats.

NVIC 8-91 is available for inspection and copying in the public

docket. Also, copies of it are available from the Commanding Officer,

Marine Safety Center; 400 Seventh Street SW., Washington, DC 20590-

0001; Attn: NVICs. NVIC 8-91 costs $1.75, payable, in advance, by check

or money order to ``Treasury of the United States''.

Intent

This interim rule applies to new OSVs: OSVs contracted for after

these regulations take effect. It also applies to existing OSVs,

including pre-1979 OSVs, if the owners of these OSVs wish.

Many of the requirements in this interim rule are similar to

corresponding requirements in 46 CFR subchapters I and T. The Coast

Guard has made every effort to select the most appropriate of those.

The Coast Guard, when able, has modified existing regulations to

consider the unique operation of OSVs and to recognize many of the

policies developed for these vessels throughout the years where

equivalent levels of safety have been demonstrated. When existing

regulations have seemed confusing or in any way not clear enough as

they apply to OSVs, the Coast Guard has made editorial changes. To the

extent that this rule addresses the same issues as NVIC 8-91, it

addresses them in the same way. The large majority of existing vessels

have been certificated for restricted service because of their original

designs. However, new liftboats should enjoy a wider and less

restrictive scope of operation than those certificated before

establishment of these regulations because compliance with standards of

structural strength and of stability will render them able to do more.

Associated Regulatory Projects

On February 13, 1990, the Coast Guard published (55 FR 5120) an

NPRM, under CGD 89-037, entitled Stability Design and Operational

Regulations. On September 11, 1992, it published (57 FR 41812) the

final rule. This interim rule subsumes that one. Both incorporate, for

inspected vessels, recently adopted amendments to the International

Convention for the Safety of Life at Sea, 1974, as amended (SOLAS).

Both seek to reduce the potential for vessels' capsizing caused by

defective designs or operations. This interim rule adds Secs. 131.220

(e), (f), and (g); 131.513; and 131.620(d) to 46 CFR part 131.

Discussion of Specific Provisions, Including Comments on and Changes to

the NPRM of May 9, 1989

The Coast Guard sought comments on all aspects of these

regulations--from owners, operators, architects, and builders of

vessels; material vendors, insurers, surveyors, and other persons

involved with OSVs; and interested members of the public. It invited

and encouraged interested persons to participate in this rulemaking by

submitting written views, data, or arguments. It received 20 letters,

containing 194 comments. It evaluated all comments, and incorporated

many of their recommendations into this interim rule. Comments received

are discussed below. Where section numbers in this rule differ from

their counterparts in the NPRM, the counterparts appear in brackets.

[[Page 57633]]

One commenter suggested that 46 U.S.C. 3301(3) is flag-blind, and

questioned what standards would apply to foreign-flag OSVs. In general,

the operation of foreign-flag OSVs would not be permitted, since U.S.

Customs has determined that the carriage of goods between offshore

platforms in U.S. waters constitutes ``coastwise trade'' and would,

therefore, if accomplished by these OSVs, violate the Jones Act. No

OSVs carry goods between platforms in U.S. waters and a foreign port or

the U.S. Virgin Islands. Current industry practice and platform

locations make such trade highly unlikely.

One commenter asked for clarification of the Coast Guard's intent

regarding different rules for OSVs depending on when vessels were

built. Vessels previously inspected under 46 CFR subchapter I or T

would continue to be inspected under those rules, coming under this

interim rule only at the owners' option.

Two commenters stated that applicability provisions should require

a vessel to complete significant construction within a reasonable time,

to prevent circumvention of the new standards. The Coast Guard agrees

and has inserted new Sec. 125.100(c), to require 24 months for

construction of the vessel.

One commenter noted that the proposed rule did not adequately

address the carriage of Noxious Liquid Substances (NLSs). The Coast

Guard agrees and has added Sec. 125.120. It has also updated the

provisions of 46 CFR subpart 98.31 and moved them into this section to

clarify the carriage of NLSs on OSVs.

Several comments concerned reference in Sec. 125.150 (Sec. 125.140)

to proposed 46 CFR subchapter W (CGD 84-069), Lifesaving Equipment. The

manager of that project will consider them along with others related to

that project. Rather than refer to lifesaving requirements proposed for

subchapter W, this interim rule refers to those already in subchapter

I. When proposed subchapter W is promulgated, those of its requirements

that govern OSVs will likely go into subchapter L, where part 133 is

reserved for them. The Coast Guard has revised Sec. 125.150

(Sec. 125.140).

One commenter questioned the definition of ``cargo gear'' in

(Sec. 125.150(d)) and asked how this Interim Rule would treat cranes.

Since OSVs seldom carry cargo gear in the traditional sense, but often

carry cranes, the Coast Guard enlarged this definition to specifically

comprehend cranes. (Sec. 125.150(d)) has become Sec. 125.160 Crane,

which specifically comprehends cranes.

One commenter urged use of ``offshore'' in the definition of

``Restricted Service'' in Sec. 125.160 (Sec. 125.150(w)), parallel to

its use in the definition of ``Offshore Supply Vessel'' in Sec. 125.160

(Sec. 125.150(s)). A review of the legislative history of applicable

statutes discloses no congressional intent to create a regulation-free

zone for OSVs operating ``inshore or inland.'' ``Offshore'' as it

figures in ``offshore supply vessel'' suggests the place where OSVs are

designed and intended to operate, not where they happen to be operating

at a particular moment. Accordingly, any OSV (including any liftboat)--

operating on the navigable waters of the United States, and either

carrying goods, supplies, or equipment, or providing service to or

support of exploration, exploitation, or production of offshore mineral

or energy resources--is subject to inspection. Section 125.160,

therefore, does not include the use of ``offshore'' in the definition

of ``Restricted Service''.

Two commenters indicated the practice of incorporation by reference

in Sec. 125.180 (Sec. 125.170) to be too troublesome and confusing. The

practice is a procedure used by Federal agencies to regulate by

reference to material already published and available elsewhere. This

practice reduces the redundancy and bulk of the Federal Register and of

the Code of Federal Regulations.

One commenter pointed out that the current edition, rather than an

outdated edition, of the ABS's Rules for Mobile Offshore Drilling Units

(MODUs) should be incorporated by reference in Sec. 125.170. The NPRM

of May 9, 1989, would indeed have incorporated by reference the Rules

for MODUs from 1985. But later editions appeared in 1988 and 1991, and

the parts of this final rule governing the leg strength and structural

design of liftboats incorporate these instead. There has been

considerable discussion in the Coast Guard and industry regarding the

new ``unity check'' equation in the newer editions of the ABS's Rules,

especially regarding its applicability to liftboat legs. This rule

incorporates by reference the Rules for MODUs from 1994; but, as the

preamble points out elsewhere, other forms of the ``unity check'' may

be acceptable too.

One commenter suggested incorporating by reference in Sec. 125.180

(Sec. 125.170) the standards of either the International Standards

Organization (ISO 614, 1095, 3254, 3903, and 5779) or the British

Standards Institute (BSI BS MA 24 & 25) for windows used in the side

shell and in the deckhouse, and noted that either standard would affect

proposed Sec. 127.420. The Coast Guard does not agree. It has not

evaluated either, to determine the impact of requiring their use. They

are not known to most small U.S. shipyards, and casualty information

has not demonstrated that such detailed standards are necessary. The

Coast Guard may in any case accept compliance with them as

demonstrating sufficient strength to satisfy the requirements in

Sec. 127.420. But it has not changed Sec. 125.180 (Sec. 125.170).

One commenter suggested rewording (Sec. 125.180) to clarify the

responsibility of the Marine Inspector regarding notice of deficiencies

found. The responsibilities of the Marine Inspector are a matter of

Coast Guard policy and appear in the Marine Safety Manual, NVICs, and

Commandant Instructions. Because they are a matter of policy, because

other subchapters concerning inspections leave policy to those sources,

the Coast Guard has removed this section.

One commenter thought Sec. 126.100 would give the Marine Inspector

too much power to require tests and inspections. The Coast Guard does

not agree. To ensure compliance with regulations, the Inspector needs

flexibility to increase the scope of an inspection according to the

conditions found when a vessel is boarded for whatever reason. The

Inspector has to follow guidance from the cognizant OCMI; this,

together with the appeal procedures available to the owner, keeps the

Inspector from wielding excessive power.

One commenter suggested that Sec. 126.110 require the owner or

operator of a vessel to report an accident and make the vessel

available for inspection afterward. Casualty reporting is already

required under Sec. 131.110, but the Coast Guard agrees that the burden

to make the vessel available for inspection after a casualty or when

important repairs or renewals are going on should rest with the owner

or operator. It has changed Sec. 126.110.

One commenter stated that the Permit to Proceed prescribed by

Sec. 126.120 should indicate whether the vessel may carry ``goods,

supplies, (and) equipment'' as well as cargo and offshore workers. The

Coast Guard agrees and has reworded Sec. 126.120(c).

(Sec. 126.130), ``Inspection of Cargo Gear'', and (Sec. 126.140),

``Cranes'', have been merged in current Sec. 126.130, ``Cranes'',

because few OSVs carry any cargo gear except cranes.

One commenter urged the Coast Guard to revise Sec. 126.140

(Sec. 126.150), to delegate drydockings for credit to classification

societies' surveyors.

[[Page 57634]]

Under the Maritime Regulatory Reform Plan the Coast Guard may, in the

future, further delegate responsibilities for inspections to

classification societies' surveyors or other third parties. In the

meantime in rare cases, considering them on their individual merits,

the OCMI may accept alternatives, under the authority of Sec. 125.170

(Sec. 125.160), if he or she is satisfied that they afford an

equivalent level of safety.

On its own the Coast Guard realized that Sec. 126.140

(Sec. 126.150) did not require an internal structural examination in

conjunction with a drydocking for credit. For years it was standard

practice to examine the internal structural members whenever a vessel

was hauled out or placed on drydock. In 1988 the drydocking regulations

in 46 CFR subchapter I changed; now they distinguish between

``drydock'' and ``internal structural'' examinations. To clarify the

intent of this rule, the Coast Guard has revised Sec. 126.140

(Sec. 126.150) to specifically require an internal structural

examination at the same interval as drydocking, but not necessarily at

the same time.

Several commenters asked that Sec. 126.150 (Sec. 126.160) clarify

which OCMI an owner should notify when repairs or alternations are due.

The OCMI having jurisdiction in the zone where the repairs or

alterations will occur is the one. Section 126.150(a) makes this

explicit.

One commenter found confusing the separation of requirements in

Sec. 126.150 (Sec. 126.160) from similar requirements in (Sec. 131.220)

and (Sec. 131.230), on reporting after certain accidents and reporting

before certain repairs. The Coast Guard agrees and has combined all

such requirements in Sec. 126.150(a), eliminating (Sec. 131.220) and

(Sec. 131.230).

One commenter stated that Sec. 126.160(c)(1) (Sec. 126.170(c)(1)),

should apply to a vessel under way and one in port but not to one in a

shipyard or in a ship-repair facility, because these last two are

subject to requirements of the Occupational Safety and Health

Administration (OSHA) in 29 CFR part 1915. The Memorandum of

Understanding between OSHA and the Coast Guard indicates, however, that

the Coast Guard is the lead agency on inspected vessels. This section

persists as proposed.

One commenter urged that the rule treat carriage of 36 or fewer

offshore workers not as matter of applicability, as in

(Sec. 125.100(a)(2)), but as an absolute limit, as in (Sec. 125.180).

The Coast Guard agrees; it has shifted the burden of (Sec. 125.180)

into current Sec. 126.170 and eliminated (Sec. 125.100(a)(2)).

One commenter observed that Sec. 126.170 (Sec. 126.180) does not

address how offshore workers get on and off the vessel. The Coast Guard

does not perceive this as a problem and knows of no statistical

evidence to suggest that it is. This section persists as proposed.

Two commenters challenged (Sec. 126.180) over the number of

offshore workers on OSV may carry. One commenter held a limit of 36

workers, at least when the vessel was operating overseas, too

restrictive while the other held an allowance of more than 12, whatever

the circumstances, too permissive. The Coast Guard does not agree with

either commenter. The carriage of offshore worker is still limited to

16 on domestic voyages and 12 on international voyages, except aboard

vessels designed and constructed to the stringent damage-stability

requirements in current Sec. 174.205. The actual number a vessel may

carry will depend on the OCMI at the initial Inspection for

Certification. The OCMI will consider space on the deck, sizes of the

staterooms, availability of seating, number of bunks, number of toilets

and washbasins, size of the vessel, and whether the offshore workers

will be aboard for more than 24 hours. This section persists as

proposed.

One commenter stated that Form CG-3752, ``Application for

Inspection'', called out by (Sec. 126.230), needs revision. The

commenter is right, and the Coast Guard will accomplish this in its

next review of its information-collection budget for the Office of

Management and Budget (OMB).

One commenter suggested revising Sec. 126.240 to require all pages

of the Certificate of Inspection to be visible when posted. The Coast

Guard agrees and has reworded Sec. 126.240 accordingly.

Form CG-858, ``Certificate of Inspection Amendment'', called out by

Sec. 126.270, has been discontinued. The Coast Guard has revised

Sec. 126.270 accordingly, and updated the Marine Safety Manual, volume

II (change 3).

The Coast Guard wishes to emphasize that the inspections called for

by Sec. 126.340 and several other sections are the responsibility of

the owner or operator in the first instance. Persons authorized by the

Coast Guard carry out the inspections, but the owner or operator makes

the vessel available without prompting.

One commenter stated that the inspections required by Secs. 126.340

and 126.430 should specifically include liftboat legs. The Coast Guard

agrees that some inspections should, and has added part 134 (reserved

in the NPRM), which comprises added provisions for liftboats. The

inspections required by current Secs. 134.110, ``Initial Inspection'',

and 134.120, ``Inspection for Certification'', specifically include

liftboat legs.

Eight commenters stated that (Sec. 126.350) and (Sec. 126.440) were

confusing, difficult to decipher, too detailed, and verbose. The Coast

Guard agrees and has eliminated much of the original text. Section

126.350(b)(3) refers the reader to subpart 94.35 for guidance on the

inspection of the installation of lifeboats, rescue boats, davits, and

winches. Section 126.440 likewise refers the reader to Sec. 91.25-15.

One commenter stated that the scope of reinspection in Sec. 126.520

should be better defined. The Coast Guard does not agree. Once a vessel

has passed inspection and received a Certificate of Inspection (COI),

that vessel should be in compliance with the terms of its COI at all

future times. To ensure this compliance, the Marine Inspector needs the

flexibility to increase the scope of inspections according to

conditions found. See the discussion of Sec. 126.100, above.

On January 25, 1990, the Coast Guard published (55 FR 2525)

alternative provisions for reinspection of OSVs in foreign ports under

CGD 82-004a. These provisions now appear here, incorporated in

Sec. 126.530.

Two commenters stated that Sec. 127.110(e), ``Electrical

engineering'', should incorporate Sec. 110.25 of this chapter both for

vessels of under 100 gross tons and for vessels of 100 or more gross

tons. The Coast Guard does not agree. The electrical requirements for

vessels of under 100 gross tons are similar to the requirements in

proposed subchapter T, which, in their current form, do not seem to

have degraded the safety and reliability of electrical systems. This

section persists as proposed.

Section 127.120(b) has changed to reflect the Marine Safety

Center's new address.

Three commenters stated that Sec. 127.240, ``Means of escape'',

should require more. The first commenter urged adding that ``at least

two means of escape from the same deck lead directly to the outside of

the deckhouse'' and cited an accident where protective metal plates on

windows were secured from the outside of the deckhouse. The second

urged adding that ``all exposed peripheries within five feet of the

scuttle be provided with permanent rails or bulwarks''. The third urged

adding that vertical ladders be strong enough to support 1000 pounds.

The Coast Guard disagrees with these additions, but has added

Sec. 127.440 to

[[Page 57635]]

require that any covering or protection placed over a window or

porthole be capable of being readily removed or opened without anyone's

having to go onto a weather deck.

Two commenters considered Sec. 127.250, ``Ventilation for enclosed

spaces'', too broad and yet too sparse in detail on remote stopping of

ventilation. The requirements for remote stopping appear at

Sec. 129.540; adding them to Sec. 127.250 would be redundant.

One commenter found Sec. 127.270(g), on separating crew members'

and offshore workers' accommodations impracticable and unnecessary. The

NPRM, however, had allowed approval of an alternative arrangement by

the OCMI; this Interim Rule allows it also.

None commenters stated that Sec. 127.280, now ``Construction and

arrangement of accommodations for crew members and offshore workers'',

needed reworking. The Coast Guard agrees and has made several changes.

From Sec. 127.280(b)(1) it has dropped the requirements that seating

must not be intended for any other use and that seating with crew

members is not acceptable. From Sec. 127.280(b)(2) if has dropped the

requirement for aircraft-style seating when offshore workers are aboard

for more than 12 hours. From Sec. 127.280(b)(4) it has dropped the

requirement of separate toilets and washbasins for offshore workers.

And from Sec. 127.280(d) it has dropped the requirement that boundary

bulkheads and decks separating crew members' and offshore workers'

accommodations from machinery spaces must be of ``A'' class

construction as defined by Sec. 92.07-5 of this chapter for vessels of

less than 100 gross tons.

One commenter wanted Sec. 127.320, ``Storm rails'', revised to read

that suitable storm rails must be installed in all passageways and at

the deckhouse sides, ``including in way of inclined ladders''--wherever

persons aboard have normal access. The Coast Guard agrees and has

corrected this section.

Two commenters stated that every covering or protection placed over

a window or porthole during heavy weather should be capable of being

readily removed or opened without anyone's having to go onto a weather

deck. The Coast Guard agrees and has added Sec. 127.440, ``Operability

of Window Coverings''.

One commenter wanted Sec. 127.420 to require windows and portlights

to meet standards of the British Standards Institute if the vessel

operated on oceans or partially protected routes. The Coast Guard

disagrees because it has not evaluated these standards to determine the

impact of their use, because they are not known to most small

shipyards, and because reports and statistics on casualties have not

demonstrated their necessity. This section persists as proposed.

One commenter stated that there is an enormous difference between

vital systems for lifeboats and those for conventional OSVs and that

Sec. 128.130 should reflect this. The Coast Guard disagrees, respecting

most vital systems. However, to affirm the stature of liftboat-jacking

systems as vital systems it has moved its treatment of these from this

section to part 134.

One commenter stated that the constraint on design ordained by

(Sec. 128.310(b)), ``the use of a fuel with a flashpoint of lower than

110 degrees F. must be specifically approved by Commandant (G-MMS),

except in an engine for a gasoline-powered rescue boat'', would be more

appropriate in subpart I of part 131 as a constraint on operations. The

Coast Guard does not agree. This constraint should influence the

design, and the builder should seek the Commandant's approval, if

necessary, early in design so any changes may occur before actual

construction begins. This section persists as proposed.

One commenter stated that Sec. 128.440 is too broad to establish

minimum standards for designers and builders and that liftboats would

have to meet the same requirements for bilge systems that MODUs already

have to meet. The Coast Guard agrees in part. This section now contains

paragraphs (a) and (b). Paragraph (a) reads, ``Except as provided by

this section, each bilge-system installation must comply with

Secs. 56.50-50 and 56.50-55 of this chapter''. Paragraph (b) comprises

the text proposed for Sec. 128.440 as a whole.

One commenter believed that most switchboards aboard liftboats are

too small for handrails as required by Sec. 129.330(c). The Coast Guard

does not agree. A non-conductive handrail is essential to the safety of

crew members when operating the switchboard in any kind of seaway. This

section persists as proposed.

One commenter stated that Sec. 129.440(a) should also require

emergency lighting in the engineroom. The Coast Guard agrees and has

reworded the section to include working (machinery) spaces.

One commenter stated that Sec. 129.530 should not exempt vessels of

under 100 gross tons from installing a general alarm. The Coast Guard

agrees and has reworded this section.

One commenter stated that Sec. 129.540(a) should not exempt vessels

of under 100 gross tons from installing remote stopping-systems. The

Coast Guard does not agree. Elsewhere, this interim rule requires

vessels of under 100 gross tons to have remote means of shutting down

ventilation and a means of shutting down main propulsion machinery,

both from the pilothouse. This section persists as proposed.

One commenter called redundant the requirement of Sec. 130.120(c),

that a vessel have a propulsion-control system operable from the

pilothouse that shuts down main machinery independent of the remote

stopping-system required by Sec. 129.540(b)(1). The Coast Guard agrees

and has changed Sec. 130.120(c) so that a system in compliance with

Sec. 129.540 is also, by that fact, in compliance with Sec. 130.120.

One commenter stated that Sec. 130.120(d) should require most OSVs

with controllable-pitch propellers to fail in the ahead mode since they

normally back into rigs but should require most liftboats with

controllable-pitch propellers to fail in the astern mode since they

normally head into rigs. The Coast Guard disagrees. Statistics on

accidents do not establish this as a problem. Maneuvering in a harbor

or in close quarters with other vessels could prove disastrous if

controllable-pitch propellers failed in any mode that causes the

propulsion engine to over speed or the pitch of the propellers to

increase. This section persists as proposed.

One commenter stated that Sec. 130.130(j)(4) was unclear about the

meaning of ``materially equivalent''. When a hydraulic-helm steering-

system is installed with a duplicate power system for the main steering

gear, the duplicate power system may be used to operate winch motors on

deck or similar equipment if its hydraulic piping, for instance, is

essentially identical to that of the steering system.

One commenter asked whether an ``orbitrol-type'' system counts as a

hydraulic-helm steering-system according to Sec. 130.140(a)(2). An

orbitrol system is a type of hydraulic-helm steering-system.

One commenter stated that the reference by Sec. 130.140(b)(15) to

the ``hydraulic helm unit'' should be eliminated. The Coast Guard

agrees, and has changed the section to read ``Manual capability to

center and steady the rudder if the vessel loses normal steering

power.''

One commenter stated that liftboats approach docks and offshore

platforms head on and that, therefore, Sec. 130.140 should not require

after steering. After steering enters Sec. 130.140(a)(1) by reference

to subchapter F (Sec. 58.25-50), which does not require it if the

steering

[[Page 57636]]

system complies with standards embodied in Sec. 130.140(b) and if the

vessel has adequate visibility when going astern. This section persists

as proposed.

The requirement for gas masks in Sec. 130.230 (Sec. 130.240) has

given way to CGD 86-036, ``Updating Approval and Carriage Requirements

for Breathing Apparatus'', published (57 FR 48320) as a final rule on

October 23, 1992. Now a self-contained breathing apparatus (SCBA) is

required for each refrigeration system exceeding 20 cubic feet of

storage capacity and using ammonia or other hazardous gas, or exceeding

1000 cubic feet of storage capacity and using a fluorocarbon as

refrigerant.

Two commenters called excessive the requirement in Sec. 130.240

(Sec. 130.250), that liftboats comply with the ABS's rules for anchors.

One commenter stated that the ABS's rules are an option for MODUs and

should be for liftboats. The other stated that liftboats do not and

would not use anchors often, and that this rule should allow smaller

anchors than those allowed by the ABS's rules. The Coast Guard does not

agree. Only MODUs that are not self-propelled and are towed from place

to place are free to ignore those rules. Liftboats do not fit in that

category; they need anchors in emergencies. They may, however, comply

with rules from other classification societies instead of the ABS's

rules, upon approval of the Commandant. This section persists as

proposed.

One commenter stated that a new section should be added to require

cargo fittings on weather decks to provide adequate lashing-points for

deck cargo. The Coast Guard considers a uniform requirement on lashing

an unnecessary economic burden and will leave the matter to the owners'

desires.

One commenter found the requirements in Secs. 130.310 for a marine

radar and 130.320 for an electronic position-fixing device inadequate

to assure navigational safety. The Coast Guard disagrees. There is a

wide variety of radar and electronic position-fixing devices available,

at many different prices. The Coast Guard does not prefer one to

another. These sections persist as proposed.

Two commenters wanted a new section requiring Navtex receivers and

fathometers. The Federal Communications Commission required on August

1, 1993 (47 CFR 80.1065(b)(1)), that OSVs of 300 or more gross tons

carry Navtex receivers. The Coast Guard will not require that OSVs of

under 300 gross tons do the same. OSVs are in constant contact with

their bases or the offshore facilities they are serving. Using the

required charts and electronic position-fixing devices, vessels will

know depths of water well enough without fathometers. The Coast Guard

considers a uniform requirement an unnecessary economic burden and will

leave the matter to the owners' desires. No section was added.

One commenter wanted a new Sec. 130.330(c) specifying that, ``when

operating in foreign waters, an OSV may carry an appropriate foreign

equivalent of any'' domestic item ``required by paragraph (a) of this

section.'' The Coast Guard agrees and has added this wording.

One commenter wanted a new subsection in Sec. 130.440 to require a

public-address system for announcing instructions, advisories, and

emergencies from the pilothouse. The Coast Guard disagrees. A general

alarm in accordance with Sec. 129.530 should serve to alert crew

members and offshore workers to emergencies. This section persists as

proposed.

Two commenters wanted all voids covered by Sec. 130.460(b)(1),

which already requires sensors for the high-bilge-level alarm in each

space below the deepest load waterline that contains pumps, motors, or

electrical equipment. The Coast Guard disagrees. This would be an

unnecessary economic burden because the flooding of voids without

apparent reason and without crew members' knowledge has not been a

cause of casualties to OSVs. This section persists as proposed.

One commenter wanted a new subsection in part 131, proposed subpart

I, ``Markings on Vessels'', to require markings on main decks over

integral fuel and buoyancy tanks, to alert personnel where not to use

tack welds when securing deck cargo. The Coast Guard disagrees. Using

tack welds to secure deck cargo is inconsistent with sound policy for

welding and burning on inspected vessels. Proposed subpart I has become

current subpart B; otherwise, the subpart persists as proposed.

One commenter stated that Sec. 131.220(c) (Sec. 131.920(b)) did not

clearly indicate the datum line for draft measurements. The Coast Guard

disagrees. This section persists as proposed.

One commenter stated that Sec. 131.340(a)(5) (Sec. 131.340(1)(v))

was unclear where offshore workers should sit and what ``evenly

distributed'' means. The Coast Guard disagrees. The workers should be

seated and evenly distributed in the area specified by

Sec. 127.280(b)(1) (Sec. 127.280(a)(1)). Section Sec. 131.340(a)(5)

(Sec. 131.340(1)(v) persists as proposed.

One commenter urged that the instruction in Sec. 131.340(a)(6)

(Sec. 131.340(1)(vii)) to don lifejackets and immersion suits should be

reworded. The Coast Guard agrees. Only if immersion suits are required

aboard should offshore workers have to don them. The Coast Guard has

reworded this section.

One commenter recommended that the Coast Guard develop--instead of

Sec. 131.420(c)(2), under which the OCMI may permit persons practiced

in the handling of liferafts to substitute for deck officers, able

seamen, and certificate persons--an appropriate scheme of testing and

endorsement for persons in charge of survival craft. The whole point of

Sec. 131.420(c)(2) is to require either persons tested and endorsed, or

persons demonstrably competent by standards less rigid, to be in charge

of survival craft. But the Coast Guard will consider this

recommendation while developing a rule to revise 46 CFR part 12,

``Certification of Seaman''.

One commenter suggested that in Sec. 131.505(a) the word ``voyage''

should be replaced by ``away from shore''. The Coast Guard agrees and

has reworded this section.

One commenter stated that Sec. 131.560 as written was directed

mainly at liftboats and should be rewritten to be directed at OSVs in

general. The Coast Guard disagrees. Every word applies with full force

to OSVs in general. This section persists as proposed.

One commenter recommended that Sec. 131.580 cover the servicing of

inflatable buoyant apparatus. The Coast Guard agrees and has reworded

this section.

One commenter suggested that in Sec. 131.610(a) the words ``Each

OSV'' should read ``Each vessel''. The Coast Guard disagrees. This

subchapter deals only with OSVs, even though some are liftboats. This

section persists as proposed.

The Coast Guard has reworded Sec. 131.860(b) to eliminate both

paragraph (1)--and with it a reference to SOLAS--and paragraph (2), and

to clarify its intent on the length of the painter.

One commenter recommended that Sec. 131.865 cover the marking of

inflatable buoyant apparatus. The Coast Guard agrees and has reworded

this section.

One commenter suggested that the markings prescribed by

Sec. 131.893 for watertight doors and hatches read ``WATERTIGHT DOOR--

KEEP CLOSED EXCEPT FOR PASSAGE'' and ``WATERTIGHT HATCH--KEEP CLOSED

WHEN NOT IN USE''. The Coast Guard agrees and has reworded this

section.

[[Page 57637]]

One commenter recommended adding ``operating a vessel while

intoxicated'' to the grounds of criminal liability set forth by

Sec. 131.905(a)(3) (Sec. 131.1005(a)(3)). The Coast Guard disagrees

because the section already implies those grounds.

Several commenters expressed the concern that, considering the

service of OSVs, hand-operated fire pumps were inadequate on OSVs under

65 feet in length. The Coast Guard disagrees. The requirements in

Sec. 132.100 are similar to those in proposed subchapter T, which are

similar to those in current subchapter T, which have caused no

perceptible decline in safety. This section persists as proposed.

One commenter stated that Sec. 132.120(j) could be construed to

prohibit a ballast pump from use as a backup or standby fire pump. It

can indeed be so construed, where a ballast pump is ``connected to a

line for flammable or combustible liquid''; the Coast Guard wants it so

construed, there--though not elsewhere. This section persists as

proposed.

The Coast Guard has incorporated Chapter 4 of NFPA 10 into

Sec. 132.350(c)(1) as the standard to use when inspecting and testing

portable fire extinguishers. It has deleted the requirements for

portable fire extinguishers in proposed Table 132.350(a). It has

combined the requirements for semiportable and fixed fire-extinguishing

systems in proposed Tables 132.350 (a) and (b) into Table 132.350.

After reviewing spoken comments, made during the hearings in New

Orleans, and written comments, the Coast Guard has consolidated items

peculiar to liftboats spread throughout the NPRM into previously

reserved part 134, now entitled ``Added Provisions for Liftboats.''

Part 133 is reserved for ``Lifesaving Systems''.

Two commenters will applaud Sec. 134.140(a)(1), which clarifies a

matter left ambiguous by proposed Sec. 127.210(b)(1): whether the main

hull of a liftboat constitutes part of the ``supporting structure''. It

does, and must comply with section 3.11 of the ABS's Rules for Building

and Classing Mobile Offshore Drilling Units.

Five commenters found a ``K'' factor of 2 for leg strength in

Sec. 134.140(a)(3) (Sec. 127.210(b)(3)) too restrictive. A ``K'' factor

of 2 is conservative and in any case is just a starting-point. Section

134.140(a)(3) (Sec. 127.210(b)(3)) remains as before. The Coast Guard

realizes that there may be any number of ways to calculate leg

strength, so it has retained Sec. 134.140(b) (Sec. 127.210(c)), to

allow use of the standards of any classification society, or other

established standard acceptable to Commandant (G-MMS), in determining

structural strength.

Four commenters found the requirement in Sec. 134.150(a),

(Sec. 128.460), for design of rack-and-pinion jacking-systems to the

standard of American Gear Manufacturer's Association inappropriate

because the systems operate in a low-duty-cycle, slow, non-reversing,

nearly static condition. The Coast Guard agrees and has rewritten

Sec. 134.150(a) (Sec. 128.460) so that these systems must comply with

sections 4/1.13.1 through 4/1.13.3 of ABS's Rules for Building and

Classing Mobile Offshore Drilling Units.

Four commenters stated that the requirement in Sec. 134.150(b)

(Sec. 130.210), for a loss of power or a failure of any one component

if the liftboat-jacking system to activate an alarm, is impracticable.

The Coast Guard agrees and has revised Sec. 134.150(b) to require a

visible and audible alarm for loss of power, loss of pressure in the

hydraulic system, or low hydraulic-fluid level at the operating

station.

Three commenters suggested requiring a tilt-level alarm on

liftboats. The Coast Guard disagrees. A liftboat constructed to these

rules will enjoy an increased level of safety over existing liftboats,

and a tilt-level alarm is not essential for vessel safety. Owners may

or may not install a tilt-level alarm, according to their desires.

Section 134.170 revises the requirement in (Sec. 131.1085), that

each liftboat carry an operating manual. For the reference to

Sec. 109.212(c) it substitutes its own list.

To address the unique operating characteristics of liftboats, the

Coast Guard has added Sec. 134.180. This requires piping for fire-main

suction while a liftboat is elevated.

Ten commenters opposed, or raised questions concerning, the

requirement in (Sec. 174.180), that liftboats meet the same criteria

for stability, whether intact or damaged, as conventional OSVs. It was

never the Coast Guard's intention to impose on liftboats criteria for

stability of conventional ship-shaped hulls.

Liftboats inspected under subchapter L need not meet the criteria

in current subpart G of part 174 of subchapter S. Liftboats in

unrestricted service must now, according to Sec. 174.250, meet the same

criteria for intact, damaged, and on-bottom stability as MODUs in

subpart C of part 174 of subchapter S. Liftboats in restricted service

must now, according to Sec. 174.255, meet the criteria for intact,

damaged, and on-bottom stability in Sec. 174.255 itself. Both sets of

criteria for liftboats inspected under subchapter L--in unrestricted

service, and in restricted service--closely follow guidelines of NVIC

8-91.

Three commenters opposed liftboats' having to meet criteria for

damaged stability in Secs. 174.195-205. As outlined above, these

criteria for damaged stability in subchapter G do not now apply to

liftboats, since now all criteria for damaged stability for liftboats

is contained in subpart H.

Three commenters stated that designing vessels to the criteria for

damaged stability in Sec. 174.205 is too hard. The Coast Guard

disagrees. Vessels have already been designed, and built, to these

criteria. Anyway, more stringent criteria for survivability are

warranted for vessels that carry more than 16 offshore workers, and

Sec. 174.205 applies only to vessels that do.

Two commenters stated that all OSVs, including liftboats, should

have to meet the standards for survivability of Sec. 174.205(e),

whether they carry more than 16 offshore workers or not. The Coast

Guard disagrees. Damaged stability is not necessary on small passenger-

vessels or small miscellaneous vessels unless the number of people

aboard causes special concern; at least no statistical or anecdotal

evidence suggests that it is.

One commenter found the intent of proposed Sec. 174.205(f) unclear.

So, on a later look, did the Coast Guard. Section 174.205(f) now reads:

``For paragraph (a) of this section, the buoyancy of any superstructure

directly above the side damaged must be considered in the most

unfavorable condition.''

The dimension requirement in Sec. 174.220(a)(1) for hatches

extending above the weather deck has been changed from 12 inches to

17\1/2\ inches to conform with loadline regulations in Sec. 42.15-

25(a)(ii) of this chapter. Also the dimension requirement in

Sec. 174.220(d) for watertight coamings in conjunction with

weathertight doors has been changed from 6 inches to 15 inches to

conform with loadline regulations in Sec. 42.15-10(b) of this chapter.

One commenter recommended adding a statement to Sec. 174.255(c)

(Sec. 174.250(e)), that unless a liftboat could endure 100 knots of

wind under severe-storm conditions it would be limited to service

within 12 hours of a harbor of safe refuge. The Coast Guard disagrees.

The definition of ``restricted service'' in Sec. 125.160 already

imposes this limit. Another commenter stated that Sec. 174.255(c)

(Sec. 174.250(e)), requires the same on-bottom stability for a liftboat

in restricted service as for a MODU, or for a liftboat in unrestricted

service. A liftboat in restricted service must endure 70 knots of wind

under normal operating-conditions through its

[[Page 57638]]

area of operation and 100 knots under severe-storm conditions in a safe

location, if the safe location is other than a harbor of safe refuge. A

MODU, or a liftboat in unrestricted service, must endure 70 knots of

wind under normal operating-conditions everywhere and 100 knots under

severe-storm conditions everywhere. To better clarify this, the Coast

Guard has added to Sec. 174.255(c): ``* * * winds of 70 knots under

normal operating-conditions and of 100 knots for severe-storm

conditions when elevated in a safe location, if this location is other

than a harbor of safe refuge.''

One commenter suggested adding another section to Sec. 174.255

(Sec. 174.250), requiring that a vessel show reserve leg-height while

both jacked up and subject to 100 knots of wind if it would qualify for

unrestricted service. The Coast Guard disagrees. It considers reserve

leg-height in determining a route, given restricted service, not in

determining whether a liftboat qualifies for unrestricted rather than

restricted service.

One commenter called arbitrary a requirement in Sec. 174.260

(Sec. 174.255), of 24 inches as minimum freeboard for liftboats. The

Coast Guard disagrees. The requirement of 24 inches as minimum

freeboard first appeared in CH-1 to NVIC 8-81 on March 23, 1988, and

since then has become accepted by industry as prudent for avoiding the

adverse effects of water on deck.

Incorporation by Reference

The Director of the Federal Register has approved the material in

Sec. 125.180 for incorporation by reference under 5 U.S.C. 552 and 1

CFR part 51. The material is available as indicated in Sec. 125.180.

Units of Measure

This interim rule employs British units of measure throughout.

Federal policy now favors ``hard metric'' throughout. In the absence of

compelling reason to the contrary, the final rule will employ metric

units of measure throughout.

Regulatory Assessment

This interim rule is a significant regulatory action under section

3(f) of Executive Order 12866 and is significant under the regulatory

policies and procedures of the Department of Transportation (44 FR

11034 (February 26, 1979)). It has been reviewed by the Office of

Management and Budget under that Order. The Coast Guard has prepared a

Regulatory Assessment and placed it in the rulemaking docket. The

assessment may be inspected and copied at the address listed under

ADDRESSES, above.

a. Costs for Conventional OSVs

As of December 1987, there were 584 OSVs certificated, 407 of which

were of 100 or more gross tons. In evaluating the effect of this

interim rule, the Coast Guard considered all costs and benefits of this

rule in constant dollars.

The added cost to construct a conventional OSV under this rule,

compared to that under existing regulations, expressed as a percentage

of the initial construction cost for each OSV, comes to:

1. Around 2.3 percent for each conventional OSV of less than 100

gross tons.

2. Around 0.5 percent for each conventional OSV of 100 or more

gross tons.

If 90 large OSVs and 50 small OSVs are built in the six years after

the rule becomes effective, the cost of this rule to the industry will

come to around $0.8 million a year.

Since 1987 there have been few, if any, OSVs built, because of the

downturn in the offshore industry. For this reason the Coast Guard's

assumption on the number of OSVs to be built in the next 6 years may be

inappropriate. The Coast Guard encourages comments from industry on the

current cost to construct an OSV and on the estimated number of OSVs

that might be built in the next 6 years.

The principal benefits of this rule will be (1) a vessel better

equipped, with the authorization to carry more than twice as many

offshore workers and up to full capacity of the tanks for liquid

drilling-fluid; (2) increased safety for crew members and offshore

workers, due to the damage-stability requirements; (3) a vessel less

likely to suffer damage resulting in total loss of the vessel; and (4)

a crew better prepared to deal with emergencies. The economic value of

these benefits is difficult to quantify, as it depends on a vessel's

design, operational procedures, and contractual arrangements. However,

even if this rule saves just 30% of the expense of damages due to

casualties, the economic value--quite apart from the first, second, and

fourth of the four ``principal benefits''--of this rule will more than

offset the economic costs.

b. Costs for Liftboats

This Interim Rule will affect small business-entities in the form

of liftboats. (See Small Entities, below.) These vessels have not had

to meet standards of Coast Guard inspections. Because the Coast Guard

has seldom dealt with liftboats during design and construction, it has

no accurate mechanism for determining additional costs that may be

incurred by owners of new liftboats required to meet this rule. In the

NPRM, the Coast Guard sought information concerning such costs that

might be borne by owners and operators of liftboats resulting from

newly imposed inspection requirements. One written comment did offer a

few data associated with costs. Based upon those data, modifications to

the draft regulatory evaluation came about.

The Coast Guard reached several designers, builders, and owners of

liftboats as it prepared this final rule. These people estimated that a

large liftboat (of less than 300 gross tons with legs 200 feet long)

would cost between $2 and $4 million to design and build, while a

liftboat of less than 100 gross tons would cost about $1 million to

design and build. These people believe that, if design took account of

this rule from the start, the non-recurring cost associated with

construction of a liftboat would be minimal--not more than 5% above the

current estimated construction cost. If it were 10% above, the non-

recurring cost would come to $100,000 for a liftboat of less than 100

gross tons and between $200,000 and $400,000 for a liftboat of 100 or

more gross tons. Elements of this non-recurring cost include:

1. Submittal of plans to the Coast Guard.

2. Preparation and submittal of a comprehensive operating manual to

the Coast Guard.

3. Design and construction of a fail-safe jacking-system.

4. Piping for fire-main suction while the liftboat is elevated.

5. Compliance with stricter requirements for lifesaving equipment.

There would be no recurring cost associated with this rule. There

is recurring cost associated with salaries of crew members, with

periodic testing and drydocking, and with biennial inspections and

reinspections, but this rule does not compound it.

The economic value due to the ``principal benefits'', of casualties

and fatalities prevented, is the saving to the liftboat industry

offered by this rule; it comes from the annual averages for the

liftboat fleet, 1981 to 1986. The Coast Guard has reviewed the casualty

and fatality records from 1987 through 1994 for liftboats and has

deduced that the casualty and fatality statistics follow the same

general trend as they did in previous years. Therefore, the average

cost per casualty will not be affected by recent statistics. However,

since 1987 there have been few, if any, liftboats built, because of the

downturn in the

[[Page 57639]]

offshore industry. For this reason the Coast Guard's assumption on the

cost to build a liftboat may be inappropriate. The Coast Guard

encourages comments from industry on the current cost to build a

liftboat and on the estimated number of liftboats that might be built

in the next few years. The Coast Guard believes that this rule will

reduce the average cost of total losses in the liftboat fleet, compared

to that of total losses in the fleet of conventional OSVs, by around

75-87 percent. This reduced cost of liftboat losses will amount to

about $65,874 for a lifboat of less than 100 gross tons, which is less

than the estimated $100,000 for a new liftboat in added costs of

construction. Similarly, for liftboats of 100 or more gross tons, the

reduced cost of casualties will be about $183,100, which is near the

low end of the range estimated for a new liftboat in added costs of

construction, $200,000-$400,000.

It is difficult to gauge the impact of this rule on the liftboat

industry as a whole since those consulted know of no plans for

construction of new liftboats and since the Coast Guard holds only

informal estimates of the added costs of construction that may be

incurred. New liftboats would enjoy some unquantifiable benefits

heretofore limited to conventional OSVs (for example: carriage of

unlimited quantities of Grade-E liquid drilling-mud and up to 36

offshore workers). These unquantifiable benefits, when added to the

anticipated reductions in casualty costs discussed above, outweigh the

estimated added cost of construction.

Environment

The Coast Guard considered the environmental impact of this Interim

Rule and concluded that under paragraph 2.B.2 of Commandant Instruction

M16475.1B, the rule is categorically excluded from further

environmental documentation because of the inconsequential effects that

it expects the rule to have on the environment. A Categorical Exclusion

Determination is available in the docket for inspection or copying

where indicated under ADDRESSES.

Compatibility With International Standards

The Coast Guard has adopted a policy to evaluate current and new

rules and, as far as possible, to eliminate requirements that create an

unwarranted differential between domestic rules and responsible

international standards. The Coast Guard has therefore compared this

interim rule to international standards. The Coast Guard has determined

that this rule does not unnecessarily establish requirements in excess

of international standards.

Federalism

The Coast Guard has analyzed this rulemaking in accordance with the

principles and criteria in Executive Order 12612, and has determined

that the rulemaking does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment. There

were no comments submitted to the public docket addressing federalism.

Small Entities

In accordance with the Regulatory Flexibility Act (5 U.S.C. 601

through 612), the Coast Guard has considered whether this rulemaking is

likely to have a significant economic impact on a substantial number of

small entities. ``Small entities'' include independently owned and

operated small businesses that are not dominant in their field and that

would otherwise qualify as ``small business concerns'' under section 3

of the Small Business Act (15 U.S.C. 632).

There are about 70 natural or corporate persons that own one

conventional OSV apiece. (They account for about 12% of existing

conventional OSVs.) The Coast Guard does not anticipate that there can

be many more than 20 persons that will own one new conventional OSV

apiece. (It reaches this figure by assuming that they would likewise

account for about 12% of the anticipated 140 new conventional OSVs to

be built in the next six years, or for about 3 a year.) Marginal, one-

time, out-of-pocket expense for initial construction will not exceed

2.5%, as previously discussed, even if none of the operational

improvements in safety or flexibility (or other unquantifiable

benefits) are realized. Recurring operational expense will be nil.

There are 5 natural or corporate persons that own one liftboat

apiece. (They account for about 2% of existing liftboats.) The Coast

Guard does not anticipate that there can be many more than one person

that own one new liftboat apiece. (It reaches this figure by assuming

that they would likewise account for about 2% of the anticipated new

liftboats to be built in the next six years.) Marginal, one-time, out-

of-pocket expense for initial construction will not exceed 10% even if

none of the operational improvements in safety or flexibility (or other

unquantifiable benefits) are realized. Recurring operational expense

will be nil.

Acting upon these estimates, the Coast Guard certifies under

section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

that this interim rule will not have a significant economic impact on a

substantial number of small entities.

Collection of Information

This rulemaking contains information-collection requirements in the

following sections of 46 CFR:

126.120

126.140

126.150

126.160

126.230

126.240

126.260

126.270

126.320

126.330

126.420

126.510

126.530

127.100

127.110

127.210

128.120

128.210

128.220

128.240

129.220

129.320

129.375

130.130

130.330

130.480

131.110

131.210

131.220

131.230

131.310

131.320

131.330

131.340

131.350

131.505

131.510

131.515

131.520

131.525

131.530

131.535

131.545

131.550

131.565

131.570

131.590

131.610

131.620

131.630

131.730

131.805

131.810

131.815

131.820

131.825

131.830

131.835

131.840

[[Page 57640]]

131.845

131.850

131.855

131.860

131.865

131.870

131.875

131.880

131.885

131.890

131.893

131.896

131.899

131.930

131.945

131.950

131.955

132.110

132.130

132.210

132.220

132.360

134.130

134.140

134.160

134.170

174.210

174.255

The information-collection requirements have been approved by the

Office of Management and Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), and approved

under approval number 2115-0592.

List of Subjects

46 CFR Part 90

Administrative practice and procedures, Authority delegation, Cargo

vessels, Hazardous materials transportation, Marine safety, Offshore

supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 98

Cargo vessels, Hazardous materials transportation, Marine safety,

Reporting and recordkeeping requirements.

46 CFR Part 125

Administrative practice and procedures, Authority delegation,

Hazardous materials transportation, Incorporation by reference, Marine

safety, Offshore supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 126

Authority delegation, Hazardous materials transportation, Marine

safety, Offshore supply vessels, Oil and gas exploration, Reporting and

recordkeeping requirements, Vessels.

46 CFR Part 127

Authority delegation, Hazardous materials transportation, Marine

safety, Offshore supply vessels, Oil and gas exploration, Reporting and

recordkeeping requirements, Vessels.

46 CFR Part 128

Hazardous materials transportation, Main and auxiliary machinery,

Marine safety, Offshore supply vessels, Oil and gas exploration,

Vessels.

46 CFR Part 129

Electric power, Hazardous materials transportation, Marine safety,

Offshore supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 130

Hazardous materials transportation, Marine safety, Offshore supply

vessels, Oil and gas exploration, Vessels, Vessel control and

automation.

46 CFR Part 131

Hazardous materials transportation, Marine safety, Navigation

(water), Offshore supply vessels, Oil and gas exploration, Operations,

Penalties, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 132

Fire prevention, Hazardous materials transportation, Marine safety,

Offshore supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 134

Hazardous materials transportation, Marine safety, Offshore supply

vessels, Oil and gas exploration, Provisions for liftboats, Vessels.

46 CFR Part 170

Hazardous materials transportation, Marine safety, Offshore supply

vessels, Oil and gas exploration, Stability, Vessels.

46 CFR Part 174

Hazardous materials transportation, Marine safety, Offshore supply

vessels, Oil and gas exploration, Stability, Vessels.

46 CFR Part 175

Administrative practice and procedures, Authority delegation,

Hazardous materials transportation, Marine safety, Offshore supply

vessels, Oil and gas exploration, Passenger vessels, Reporting and

recordkeeping requirements.

In consideration of the foregoing, the Coast Guard amends chapter I

of title 46 of the Code of Federal Regulations as follows:

PART 90--GENERAL PROVISIONS

1. The authority citation for part 90 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

2. Section 90.05-20 is revised to read as follows:

Sec. 90.05-20 Applicability to offshore vessels

(a) Offshore supply vessels of 100 or more but of less than 500

gross tons, contracted for before March 15, 1996, are subject to

inspection under this subchapter. Offshore supply vessels contracted

for on or after March 15, 1996, are subject to inspection under

subchapter L of this chapter.

(b) Each OSV permitted grandfathering under paragraph (a) of this

section must complete construction and have a Certificate of Inspection

by March 16, 1998.

3. Sections 90.10-40 (b) and (c) are revised to read as follows:

Sec. 90.10-40 Offshore supply vessels.

* * * * *

(b) An existing offshore supply vessel is one contracted for before

March 15, 1996.

(c) A new offshore supply vessel is one contracted for on or after

March 15, 1996.

Sec. 90.30-10 [Removed]

4. Section 90.30-10 is removed.

PART 98--[AMENDED]

Secs. 98.31-5, 98.31-10 and 98.31-15 (Subpart 98.31) [Removed]

5. Subpart 98.31 consisting of Secs. 98.31-5, 98.31-10, and 98.31-

15, is removed.

6. Subchapter L consisting of Parts 125 through 136, is added to

read as follows:

SUBCHAPTER L--OFFSHORE SUPPLY VESSELS

PART 125--GENERAL

Sec.

125.100 Applicability.

125.110 Carriage of flammable or combustible liquid cargoes in

bulk.

125.120 Carriage of noxious liquid substances in bulk.

125.130 Carriage of packaged hazardous materials.

125.140 Loadlines.

125.150 Lifesaving systems.

125.160 Definitions.

125.170 Equivalents.

125.180 Incorporation by reference.

125.190 Right of appeal.

Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 49

CFR 1.46.

Sec. 125.100 Applicability.

(a) Except as provided by paragraph (c) of this section, this

subchapter applies to each offshore supply vessel

[[Page 57641]]

(OSV) of United States flag contracted for on or after March 15, 1996.

(b) Each OSV contracted for before March 15, 1996, must be

constructed and inspected to comply with--

(1) The regulations in effect until March 15, 1996 (46 CFR

subchapter I or subchapter T), as appropriate, as they existed at the

time of construction; or

(2) The regulations in this subchapter.

(c) Each OSV permitted grandfathering under paragraph (b)(1) of

this section must complete construction and have a Certificate of

Inspection by March 16, 1998.

(d) Certain regulations in this subchapter apply only to limited

categories of OSVs. Specific statements of applicability appear at the

beginning of those regulations.

Note: Navigation and Vessel Inspection Circular 8-91, ``Initial

and Subsequent Inspection of Uncertificated Existing Offshore Supply

Vessels, Including Liftboats'', contains guidance on how to apply

the regulations in 46 CFR subchapters I and T to OSVs.

Sec. 125.110 Carriage of flammable or combustible liquid cargoes in

bulk.

(a) Except as provided by this section, no OSV may carry flammable

or combustible liquid cargoes in bulk without the approval of the

Commandant (G-MMS).

(b) An OSV may carry the following in integral tanks:

(1) Grade-D combustible liquids listed by Sec. 30.25-1 of this

chapter, in quantities not to exceed 20 percent of the vessel's

deadweight; except that the vessel may carry drilling fluids and excess

fuel oil, Grade-E as well as Grade-D, without limit.

(2) Grade-E combustible liquids listed by Sec. 30.25-1 of this

chapter, in quantities not to exceed 20 percent of the vessel's

deadweight; except that the vessel may carry drilling fluids and excess

fuel oil, Grade-D as well as Grade-E, without limit.

(c) An OSV may carry the following in fixed independent tanks on

deck:

Grade-B and lower-grade fammable and combustible liquids listed by

Sec. 30.25-1 of this chapter, in quantities not to exceed 20 percent of

the vessel's deadweight.

(d) An OSV may carry hazardous materials in portable tanks, in

compliance with part 64 and subpart 98.30 of this chapter. A po5

portable tank may be filled or discharged aboard the vessel if

authorized by an endorsement on the vessel's Certificate of Inspection.

Sec. 125.120 Carriage of noxious liquid substances in bulk.

(a) Except as provided by this section, no OSV may carry a noxious

liquid substance (NLS) in bulk without the approval of the Commandant

(G-MMS).

(b) An OSV may carry in integral and fixed independent tanks NLSs

listed by Sec. 153.2 of this chapter, in quantities not to exceed 20

percent of the vessel's deadweight.

(c) An OSV carrying NLSs in bulk in integral tanks or fixed

independent tanks must--

(1) Meet the definition of oceangoing in 33 CFR 151.05(j);

(2) Have a Certificate of Inspection or NLS Certificate (issued by

the Coast Guard) endorsed with the name of the NLS cargo; and

(3) Have the Cargo Record Book prescribed in Sec. 153.490(a)(1) of

this chapter.

(d) An OSV that does not meet the equipment requirements in

Secs. 153.470 through 153.491 of this chapter may not discharge NLS

residues to the sea. The vessel's Certificate of Inspection or NLS

Certificate will contain this restriction.

(e) An OSV that discharges NLS residue to the sea must meet--

(1) The equipment requirements in Secs. 153.470 through 153.491 of

this chapter; and

(2) The operating requirements in Secs. 153.901, 153.903, 153.909,

and 153.1100 of this chapter.

Sec. 125.130 Carriage of packaged hazardous materials.

An OSV may carry packaged hazardous materials, or hazardous

materials in portable tanks, if the materials are prepared, loaded, and

stowed in compliance with 49 CFR parts 171-179.

Sec. 125.140 Loadlines.

Each OSV subject to assignment, certification, and marking of

loadlines under subchapter E of this chapter must comply with

subchapter E as well as with this subchapter.

Sec. 125.150 Lifesaving systems.

Lifesaving appliances and arrangements must comply with part 133 of

this subchapter.

Sec. 125.160 Definitions.

Each term defined elsewhere in this chapter for a particular class

of vessel applies to this part unless a different definition is given

in this section. As used by this subchapter:

Accommodation includes at least the following:

(1) A space used as a messroom.

(2) A lounge.

(3) A sitting area.

(4) A recreation room.

(5) Quarters.

(6) A toilet space.

(7) A shower room.

Approved means approved by the Commandant, unless otherwise

defined.

Bulkhead deck means the uppermost deck to which transverse

watertight bulkheads and the watertight shell extend.

Coast Guard District Commander or District Commander means an

officer of the Coast Guard designated by the Commandant to command

activities of the Coast Guard within a Coast Guard district described

by 33 CFR part 3, whose duties include the inspection, enforcement, and

administration of laws for the safety and navigation of vessels.

Coastwise refers to a route not more than 20 nautical miles

offshore on any of the following waters:

(1) Any ocean.

(2) The Gulf of Mexico.

(3) The Caribbean Sea.

(4) The Gulf of Alaska.

(5) The Bering Sea.

(6) Such other, similar waters as may be designated by the District

Commander.

Combustible liquid means the same as in Sec. 30.10 of this chapter.

Commandant means the Commandant of the Coast Guard or an authorized

staff officer at Coast Guard headquarters designated by Sec. 1.01 of

this chapter.

Commanding Officer, Marine Safety Center, means an officer of the

Coast Guard designated by the Commandant to command activities of the

Coast Guard within the Marine Safety Center, whose duties include

review of plans for commercial vessels to ensure compliance with

applicable laws and standards.

Crane includes at least masts, stays, booms, winches, and standing

and running gear that form a part of the fixed shipboard equipment used

in the lifting and moving of other equipment and supplies of the

vessel.

Damp or wet space includes at least:

(1) A space exposed to the weather.

(2) A machinery space.

(3) A cargo space.

(4) A space within a galley, within a laundry, or within a public

washroom or toilet room that has a bath or shower, if the space is

normally exposed to splashing, water wash down, or other moisture.

(5) A space directly inside an access door to a weather deck unless

the access door is protected against rain or spray by an overhanging

deck or by other means.

(6) Other spaces with similar moisture levels.

[[Page 57642]]

Deadweight means, when measured in water of specific gravity 1.025,

the difference in long tons between--

(1) The displacement of the vessel on even trim at ``lightweight''

as defined by subpart F of part 170 of this chapter; and

(2) The displacement of the vessel on even trim at the deepest load

waterline.

Flammable liquid means the same as in Sec. 30.10.22 of this

chapter.

Gas-free means free from dangerous concentrations of flammable or

toxic gases.

Hazardous material means the same as in Sec. 153.2 of this chapter.

International voyage means a voyage between a country to which the

International Convention for the Safety of Life at Sea, 1974, as

amended (SOLAS 74/83) applies and a port outside that country.

Jacking system means any type of mechanical (including hydraulic)

or electrical system used for elevating a liftboat.

Length, relative to a vessel, means the length listed on the

vessel's certificate of documentation or the ``registered length'' as

defined by Sec. 69.53 of this chapter.

Liftboat means an OSV with movable legs capable of raising its hull

above the surface of the sea.

Marine inspector means any person authorized by the Officer in

Charge, Marine Inspection, to perform duties concerning the inspection,

enforcement, and administration of laws for the safety and navigation

of vessels.

Noxious liquid substance or NLS means the same as in Sec. 153.2 of

this chapter.

Ocean refers to a route more than 20 nautical miles offshore on any

of the following waters:

(1) Any ocean.

(2) The Gulf of Mexico.

(3) The Caribbean Sea.

(4) The Gulf of Alaska.

(5) The Bering Sea.

(6) Such other, similar waters as may be designated by the District

Commander.

Officer in Charge, Marine Inspection, or OCMI, means any person of

the Coast Guard so designated by the Commandant, to be in charge of an

inspection zone for the performance of duties concerning the

inspection, enforcement, and administration of laws for the safety and

navigation of vessels.

Offshore supply vessel or OSV means a vessel that--

(1) Is propelled by machinery other than steam;

(2) Does not meet the definition of a passenger-carrying vessel in

46 U.S.C. 2101(22) or 46 U.S.C. 2101(35);

(3) Is more than 15 but less than 500 gross tons; and

(4) Regularly carries goods, supplies, individuals in addition to

the crew, or equipment in support of exploration, exploitation, or

production of offshore mineral or energy resources.

Offshore worker means a person carried aboard an OSV and employed

in a phase of exploration, exploitation, or production of offshore

mineral or energy resources served by the vessel, but does not include

the master, or a member of the crew, engaged in the business of the

vessel, who has contributed no consideration for carriage aboard and is

paid for services aboard.

Quarters means any space where sleeping accommodations are

provided.

Restricted service means service in areas within 12 hours of a

harbor of safe refuge or in areas where a liftboat may be jacked up to

meet the 100-knot-wind severe-storm criteria of Sec. 174.255(c) of this

chapter.

Sec. 125.170 Equivalents.

A substitution for fittings, materials, equipment, arrangements,

calculations, information, or tests required by this subchapter may be

accepted by the OCMI; by the Commanding Officer, Marine Safety Center;

by the District Commander; or by the Commandant, if the substitution

provides an equivalent level of safety.

Sec. 125.180 Incorporation by reference.

(a) Certain materials are incorporated by reference into this

subchapter with the approval of the Director of the Federal Register in

compliance with 5 U.S.C. 552(a). To enforce any edition other than the

one listed in paragraph (b) of this section, the Coast Guard must

publish notice of change in the Federal Register and make the material

available to the public. All approved materials are on file at the

Office of the Federal Register, Suite 700, 800 North Capitol Street

NW., Washington, DC 20408, and at the U.S. Coast Guard, Merchant Vessel

Inspection and Documentation Division, 2100 Second Street SW.,

Washington, DC 20593-0001, and are available from the sources indicated

in paragraph (b) of this section.

(b) The materials approved for incorporation by reference in this

subchapter, and the sections affected, are:

American Bureau of Shipping (ABS), Two World-Trade Center, 106th

Floor, New York, NY 10048

Rules for Building and Classing Steel Vessels Under 61 Meters

(200 Ft) in Length (1983)--Sec. 127.210

Rules for Building and Classing Steel Vessels (1995)--

Sec. 127.210, Sec. 129.360

Rules for Building and Classing Aluminum Vessels (1975)--

Sec. 127.210

Rules for Building and Classing Mobile Offshore Drilling Units

(1994)--Sec. 133.140, Sec. 133.150

American National Standards Institute (ANSI), 11 West 42nd St., New

York, NY 10036

B 31.1-1986--Code for Pressure Piping, Power Piping--

Sec. 128.240

Z 26.1-1977 (including 1980 Supplement)--Safety Code for Safety

Glazing Materials for Glazing Motor Vehicles Operating on Land

Highways--Sec. 127.430

American Society of Mechanical Engineers (ASME), 345 East 47th St.,

New York, NY 10027

Boiler and Pressure Vessel Code Section I, Power Boilers, July

1989 with 1989 addenda--Sec. 128.240

American Society for Testing and Materials (ASTM), 1916 Race St.,

Philadelphia, PA 19103

D93-80--Standard Test Methods for Flash Point by Pensky-Martens

Closed Tester--Sec. 128.310

American Yacht and Boat Council, Inc. (AYBC), 3069 Solomon's Island

Rd., Edgewater, MD 21037-1416

A-3-1993--Galley Stoves--Sec. 129.550

A-7-1970--Recommended Practices and Standards Covering Boat

Heating Systems--Sec. 129.550

E-1-1972--Bonding of Direct-Current Systems--Sec. 129.120

E-8-1994--Alternating-Current (AC) Electrical Systems on Boats--

Sec. 129.120

E-9-1990--Direct-Current (DC) Electrical Systems on Boats--

Sec. 129.120

Institute of Electrical and Electronics Engineers (IEEE), 345 E.

47th St., New York, NY 10017

No. 45-1977--Recommended Practice for Electric Installations on

Shipboard--Sec. 129.340

International Maritime Organization (IMO), Publications Section, 4

Albert Embankment, London SE1 7SR, England

Resolution A.658(16), ``Use and Fitting of Retro-Reflective

Materials on Lifesaving Appliances'', dated November 20, 1989--

Sec. 131.855, Sec. 131.875

Resolution A.760(18), ``Symbols Related to Life-Saving

Appliances and Arrangements'', dated November 17, 1993--Sec. 131.875

International Convention for the Safety of Life at Sea (SOLAS),

Consolidated Edition, 1992--Sec. 126.170

National Fire Protection Association (NFPA), 1 Batterymarch Park,

Quincy, MA 02269-9101

NFPA 70--National Electrical Code, 1993 Edition--Sec. 129.320,

Sec. 129.340, Sec. 129.370

NFPA 306--Control of Gas Hazards on Vessels, 1993 Edition--

Sec. 126.160

NFPA 1963--Fire Hose Connections, 1993 Edition--Sec. 132.130

NFPA 10--Standard for Portable Fire Extinguishers, 1994

Edition--Sec. 132.350

NFPA 302--Fire Protection Standard for Pleasure and Commercial

Motor Craft, 1994 Edition--Sec. 129.550

Underwriters Laboratories, Inc. (UL), 333 Pfingsten Rd., Northbrook,

IL 60062

[[Page 57643]]

UL 19-1992--Lined Fire Hose and Hose Assemblies--Sec. 132.130

UL 486A-1992--Wire Connectors and Soldering Lugs for Use with

Copper Conductors--Sec. 129.340

UL 489-1995--Molded-Case Circuit Breakers and Circuit-Breaker

Enclosures--Sec. 129.380

UL 57-1976--Electric Lighting Fixtures--Sec. 129.410

UL 595-1991--Marine-Type Electric Lighting Fixtures--

Sec. 129.410

UL 1570-1995--Fluorescent Lighting Fixtures--Sec. 129.410

UL 1571-1995--Incandescent Lighting Fixtures--Sec. 129.410

UL 1572-1995--High Intensity Discharge Lighting Fixtures--

Sec. 129.410

UL 1573-1995--Stage and Studio Lighting Units--Sec. 129.410

UL 1574-1995--Track Lighting Systems--Sec. 129.410

Sec. 125.190 Right of appeal.

Any person directly affected by a decision of action taken under

this part, by or on behalf of the Coast Guard, may appeal from the

decision or action in compliance with subpart 1.03 of this chapter.

PART 126--INSPECTION AND CERTIFICATION

Subpart A--General

Sec.

126.100 Inspector not limited.

126.110 Inspection after accident.

126.120 Permit to proceed to another port for repairs.

126.130 Cranes.

126.140 Drydocking.

126.150 Repairs and alterations.

126.160 Tests and inspections during repairs or alterations, or

during riveting, (welding), burning, or other hot work.

126.170 Charriage of offshore workers.

126.180 Carriage of passengers.

Subpart B--Certificate of Inspection

126.210 When required.

126.220 Description.

126.230 How to obtain or renew.

126.240 Posting.

126.250 Period of validity.

126.260 Temporary Certificate.

126.270 Amendment.

Subpart C--Initial Inspection

126.310 Prerequisite to Certificate of Inspection.

126.320 When made.

126.330 Plans.

126.340 Scope.

126.350 Specific tests and inspections.

Subpart D--Inspection for Certification

126.410 Prerequisite to reissuance of Certificate of Inspection.

126.420 When made.

126.430 Scope.

126.440 Lifesaving equipment.

126.450 Fire-extinguishing equipment.

126.460 Tanks for dry bulk cargo.

126.470 Marine-engineering systems.

Subpart E--Reinspection

126.510 When made.

126.520 Scope.

126.530 Alternative midperiod examination.

Authority: 46 U.S.C. 3306; 33 U.S.C. 1321(j); E.O. 11735, 38 FR

21243, 3 CFR 1971-1975 Comp., p. 793; 49 CFR 1.46.

Subpart A--General

Sec. 126.100 Inspector not limited.

The marine inspector may at any time require that an OSV and its

equipment meet any test or inspection deemed necessary to determine

whether the vessel is suitable for its intended service.

Sec. 126.110 Inspection after accident.

(a) The owner or operator of an OSV shall make the vessel available

for inspection by a marine inspector--

(1) Each time an accident occurs, or a defect is discovered that

affects--

(i) The safety of the vessel; or

(ii) The effectiveness or completeness of its lifesaving, fire-

fighting, or other equipment; or

(2) Whenever any important repairs or renewals are made.

(b) The inspection is to determine--

(1) What repairs or renewals must be made;

(2) That the material and workmanship used to accomplish the

repairs or renewals are satisfactory; and

(3) That the OSV complies with this subchapter.

Sec. 126.120 Permit to proceed to another port for repairs.

(a) When an OSV fails to comply with its Certificate of Inspection

or with this subchapter, the OCMI may let the vessel proceed to another

port for repairs if in the judgment of the OCMI the vessel can complete

the trip safely even though the Certificate has expired or is about to

expire.

(b) A ``Permit to Proceed to another Port for Repairs'', Form CG-

948, will be issued by the OCMI to the owner, operator, or master of

the OSV and states the conditions under which the vessel may proceed to

another port. The Permit will be issued only upon the written

application of the owner, operator, or master, and only after the

surrender of the vessel's Certificate of Inspection to the OCMI.

(c) The Permit will state on its face the conditions under which it

is issued and whether the OSV may carry cargo, goods, supplies,

equipment, or offshore workers.

(d) The Permit must be readily available aboard the OSV.

Sec. 126.130 Cranes.

(a) Except as provided by paragraph (b) of this section, cranes, if

installed, must comply with Secs. 107.258--107.260, 108.601, 109.437,

109.439, 109.521, 109.525, and 109.527of this chapter.

(b) The manufacturer of a crane may have tests and inspections

conducted in compliance with Sec. 107.259 of this chapter, if the

surveyor conducting them for the ABS or the International Cargo Gear

Bureau certifies their conduct as required by Sec. 107.259(c) of this

chapter.

Sec. 126.140 Drydocking.

(a) Unless on one or more extensions authorized by the Commandant

(G-MCO), each OSV must be placed in drydock or hauled out for

examination twice each five years with no interval between examinations

exceeding three years.

(b) The owner or operator shall notify the OCMI whenever the OSV is

drydocked for any reason. The OCMI, upon notification, will determine

whether to assign a marine inspector to examine the underwater hull of

the vessel.

(c) The internal structural members of an OSV must be examined at

the same intervals required for drydocking by paragraph (a) of this

section.

(d) At each drydocking required by paragraph (a) of this section,

for an OSV of 100 or more gross tons, a tailshaft survey must be

conducted as required by Sec. 61.20-15 of this chapter.

(e) At each drydocking required by paragraph (a) of this section,

for an OSV of less than 100 gross tons, the propeller or tailshaft must

be drawn for examination if the OCMI deems drawing it necessary.

Sec. 126.150 Repairs and alterations.

(a) Except in an emergency, no repairs or alterations to the hull

or machinery, or to equipment that affects the safety of the OSV, may

be made without notice to the OCMI in the inspection zone where the

repairs or alterations are to be made. When the repairs or alterations

have been made, notice must be given to that OCMI as soon as

practicable.

(b) When emergency repairs or alterations have been made as

permitted under paragraph (a) of this section, the master, owner, or

operator must notify the OCMI as soon as practicable after the

emergency.

(c) Except as provided by paragraphs (b) and (e) of this section,

drawings of repairs or alterations must be approved, before work

starts, by the OCMI or, when necessary, by the Commanding Officer,

Marine Safety Center.

[[Page 57644]]

(d) When the OCMI deems inspection necessary, the repairs or

alterations must be inspected by a marine inspector.

(e) Submission of drawings is not required for repairs in kind, but

the applicable drawings approved under subpart A of part 127 of this

subchapter must be made available to the marine inspector upon request.

Sec. 126.160 Tests and inspections during repairs or alterations, or

during riveting, welding, burning, or other hot work.

(a) NFPA 306 must be used as a guide in conducting the examinations

and issuances of certificates required by this section.

(b) Until an examination has determined that work can proceed

safely, no riveting, welding, burning, or other hot work can commence.

(c) Each examination must be conducted as follows:

(1) At any port or site inside of the United States or its

territories and possessions, a marine chemist certified by the NFPA

must make the examination. If the services of such a chemist are not

reasonably available, the OCMI, upon the recommendation of the

contractor and the owner or operator of the OSV, may authorize another

person to make the examination. If this indicates that a repair or

alteration, or hot work, can be undertaken safely, the person

performing the examination shall issue a certificate, setting forth the

spaces covered and any necessary conditions to be met, before the work

starts. The conditions to be met must include any requirements

necessary to maintain safe conditions in the spaces covered and must

include any necessary further examinations and certificates. In

particular the conditions to be met must include precautions necessary

to eliminate or minimize hazards caused by protective coatings or by

cargo residues.

(2) At any port or site outside of the United States or its

territories and possessions, where the services of a certified marine

chemist or other person authorized by the OCMI are not reasonably

available, the master, owner, or operator of the vessel shall make the

examination and a proper entry in the OSV's logbook.

(d) The master shall obtain a copy of each certificate issued by

the person making the examination described in paragraph (c)(1) of this

section. The master, through and for the persons under his control,

shall maintain safe conditions aboard the OSV by full observance of

each condition to be met, listed in the certificate issued under

paragraph (c)(1) of this section.

Sec. 126.170 Carriage of offshore workers.

(a) Offshore workers may be carried aboard an OSV in compliance

with this subchapter. The maximum number of offshore workers authorized

for carriage will be endorsed on the vessel's Certificate of

Inspection; but in no case will the number of offshore workers

authorized for carriage exceed 36.

(b) No more than 12 offshore workers may be carried aboard an OSV

certificated under this subchapter when on an international voyage,

unless the vessel holds a valid passenger-ship-safety certificate (Form

CG-968) issued in compliance with the International Convention for the

Safety of Life at Sea, 1974, as amended (SOLAS 74/83).

Sec. 126.180 Carriage of passengers.

No passengers as defined by 46 U.S.C. 2101(21)(B) may be carried

aboard an OSV except in an emergency.

Subpart B--Certificate of Inspection

Sec. 126.210 When required.

Except as provided by Secs. 126.120 and 126.260, no OSV may be

operated without a valid Certificate of Inspection.

Sec. 126.220 Description.

The Certificate of Inspection issued to an OSV specifies the

vessel, the route it may travel, the minimum manning it requires, the

maximum fire-extinguishing and lifesaving equipment it must carry, the

maximum number of offshore workers and of total persons it may carry,

the name of its owner and operator, and such other conditions as the

OCMI may determine.

Sec. 126.230 How to obtain or renew.

(a) A builder, owner, master, or operator may begin to obtain or to

renew a Certificate of Inspection by submitting an ``Application for

Inspection of U.S. Vessel,'' Form CG-3752, to the OCMI of the marine

inspection zone in which the inspection is to be made. Form CG-3752 is

available from any Marine Safety or Marine Inspection Office of the

U.S. Coast Guard.

(b) The application for initial inspection of an OSV being newly

constructed or converted must be submitted before the start of

construction or conversion.

(c) The construction, arrangement, and equipment of each OSV must

be acceptable to the OCMI for the issuance of the initial Certificate

of Inspection. Acceptance depends on the information, specifications,

drawings, and calculations available to the OCMI, and on the successful

completion of the initial inspection for certification.

(d) A Certificate of Inspection is renewed by the issuance of a new

Certificate of Inspection.

(e) The condition of the OSV and its equipment must be acceptable

to the OCMI for the renewal of the Certificate of Inspection.

Acceptance depends on the condition of the vessel as found at the

periodic inspection for certification.

Sec. 126.240 Posting.

The Certificate of Inspection must be framed under glass or other

suitable transparent material and posted in a conspicuous place aboard

the OSV so that each page is visible.

Sec. 126.250 Period of validity.

(a) A Certificate of Inspection is valid for two years.

(b) A Certificate of Inspection may be suspended and withdrawn or

revoked by the cognizant OCMI at any time for noncompliance with the

requirements of this subchapter or other applicable laws.

Sec. 126.260 Temporary Certificate.

If necessary to prevent delay of the OSV, a ``Temporary Certificate

of Inspection,'' Form CG-854, containing information listed by

Sec. 126.220, may be issued pending the issuance and delivery of the

regular Certificate of Inspection. A temporary Certificate must be

carried in the same manner as the regular Certificate.

Sec. 126.270 Amendment.

(a) An amended Certificate of Inspection may be issued at any time

by any OCMI. The amended Certificate of Inspection replaces the

original, but the expiration date remains the same as that of the

original. An amended Certificate of Inspection may be issued to

authorize and record a change in the dimensions, gross tonnage, owner,

operator, manning, offshore workers permitted, route permitted,

conditions of operations, equipment of an OSV, or the like from that

specified in the current Certificate of Inspection.

(b) A request for an amended Certificate of Inspection must be made

to the cognizant OCMI by the owner or operator of the OSV at any time

there is a change in the character of an OSV or in its route,

equipment, ownership, operation, or similar factors specified in its

current Certificate of Inspection.

(c) The OCMI may require an inspection before issuing an amended

Certificate of Inspection.

[[Page 57645]]

Subpart C--Initial Inspection

Sec. 126.310 Prerequisite to Certificate of Inspection.

The initial inspection is a prerequisite to the issuance of the

original Certificate of Inspection.

Sec. 126.320 When made.

(a) No initial inspection occurs until after receipt of the written

application of the owner or builder of the OSV to the OCMI in whose

zone the vessel is located. The application must be on Form CG-3752,

``Application for Inspection of U.S. Vessel.''

(b) The initial inspection occurs at a time and place agreed to by

the party requesting the inspection and by the OCMI. The owner or the

builder, or a representative of either, must be present during the

inspection.

Sec. 126.330 Plans.

Before construction starts, the owner, operator, or builder shall

develop plans indicating the proposed arrangement and construction of

the OSV. (The list of plans to be developed and the required

disposition of these plans appears in part 127 of this subchapter.)

Sec. 126.340 Scope.

The initial inspection normally consists of a series of inspections

conducted during the construction of the OSV. This inspection

determines whether the vessel was built to comply with developed plans

and in compliance with applicable law. Items normally included in this

inspection are all the items listed in Sec. 126.430 of subpart D of

this part, and in addition the marine inspector verifies that the

arrangement of the vessel conforms to the approved plans, that

acceptable material is used in the construction of the vessel, and that

the workmanship meets required standards for marine construction. The

owner or builder shall make the vessel available for inspection at each

stage of construction specified by the OCMI.

Sec. 126.350 Specific tests and inspections.

(a) The applicable tests and inspections set forth in subpart D of

this part must be made during the initial inspection.

(b) The following specific tests and inspections must also be

conducted in the presence of the marine inspector:

(1) Installation of piping for gaseous fixed fire-extinguishing

(see Sec. 95.15-15 of this chapter).

(2) Hydraulic-helm steering-systems. These systems must be tested

in the manual mode, with the hydraulic pumps secured, for smooth,

efficient operation by one person.

(3) Installation tests and inspections of lifeboats, rescue boats,

davits, and winches under subpart 94.35 of this chapter.

Subpart D--Inspection for Certification

Sec. 126.410 Prerequisite to reissuance of Certificate of Inspection.

An inspection for certification is a prerequisite to the reissuance

of a Certificate of Inspection.

Sec. 126.420 When made.

No inspection for certification occurs until after receipt of the

written application of the owner, builder, master, or operator of the

OSV by the OCMI in whose zone the vessel is located. The application

must be on the ``Application for Inspection of U.S. Vessel'', Form CG-

3752.

Sec. 126.430 Scope.

The inspection for certification is made by a marine inspector to

determine whether the OSV is in satisfactory condition and fit for its

intended service. The owner or builder shall make the vessel and its

equipment available for inspection, including the following items:

(a) Structure.

(b) Watertight integrity.

(c) Pressure vessels and their appurtenances.

(d) Piping.

(e) Main and auxiliary machinery.

(f) Steering apparatus.

(g) Electrical installations.

(h) Lifesaving equipment.

(i) Work vests.

(j) Fire-detecting and fire-extinguishing equipment.

(k) Pollution-prevention equipment.

(l) Sanitary condition.

(m) Fire hazards.

(n) Verification of validity of certificates required and issued by

the Federal Communications Commission.

(o) Lights and signals as required by the applicable navigational

rules.

(p) Tests and inspections of cranes in compliance with

Sec. 126.130.

Sec. 126.440 Lifesaving equipment.

At each inspection for certification, the tests and inspections

specified by Sec. 91.25-15 of this chapter must occur in the presence

of a marine inspector, or as otherwise directed by the OCMI.

Sec. 126.450 Fire-extinguishing equipment.

At each inspection for certification the marine inspector

determines whether the tests and inspections required by Sec. 132.350

of this subchapter have been performed.

Sec. 126.460 Tanks for dry bulk cargo.

The owner shall ensure that tanks for dry bulk cargo that are

pressure vessels are inspected for compliance with Sec. 61.10-5(b) of

this chapter.

Sec. 126.470 Marine-engineering systems.

The inspection procedures for marine-engineering systems contained

in subchapter F of this chapter apply.

Subpart E--Reinspection

Sec. 126.510 When made.

(a) Except as provided by Sec. 126.530 of this subpart, at least

one reinspection must be made of each OSV holding a Certificate of

Inspection. The owner, master, or operator shall arrange for the

reinspection between the tenth and fourteenth months of the period for

which the Certificate of Inspection is valid.

(b) The owner, master, or operator shall make the vessel available

for the reinspection at a time and place acceptable to the OCMI, but no

written application is necessary.

Sec. 126.520 Scope.

In general, the reinspection goes into less detail than that

described by Sec. 126.430 of this part for the inspection for

certification, unless the OCMI or marine inspector determines that a

major change has occurred since the last inspection.

Sec. 126.530 Alternative midperiod examination.

(a) The owner, master, or operator of an OSV of less than 400 gross

tons, except a liftboat, may ask the cognizant OCMI to arrange an

alternative midperiod examination. The request must go to the OCMI

assigned responsibility for inspections in the country in which the

vessel is operating and will be examined. To qualify for the

alternative midperiod examination, the vessel must meet the following

requirements:

(1) The request must be in writing and be received by the OCMI

before the end of the twelfth month of the period for which the

Certificate of Inspection is valid.

(2) The vessel is likely to be continuously employed outside of the

United States during the tenth through the fourteenth month of validity

of its Certificate of Inspection.

(b) In determining whether to authorize the alternative midperiod

examination, the OCMI considers the following:

(1) Information contained in previous examination reports on

inspection and drydock, including the recommendation, if any, of the

OCMI for

[[Page 57646]]

participation in the alternative midperiod examination.

(2) The nature, number, and severity of marine casualties or

accidents, as defined by Sec. 4.03-1 of this chapter, involving the OSV

in the three years preceding the request.

(3) The nature, number, and gravity of any outstanding inspection

requirements for the vessel.

(4) The owner's or operator's history of compliance and cooperation

in such alternative midperiod examinations, including:

(i) The prompt correction of deficiencies.

(ii) The reliability of previously submitted reports on such

alternative midperiod examinations.

(iii) The reliability of representations that the vessel would be,

and was, employed outside of the United States for the tenth through

the fourteenth month of validity of its Certificate of Inspection.

(c) The OCMI provides the applicant with written authorization, if

any, to proceed with the alternative midperiod examination, including,

when appropriate, special instructions.

(d) The following conditions must be met for the alternative

midperiod examination to be accepted instead of the reinspection

required by Sec. 126.510 of this subpart:

(1) The alternative midperiod examination must occur between the

tenth and fourteenth months of validity of the Certificate of

Inspection.

(2) The reinspection must be of the scope detailed by Sec. 126.520

of this subpart and must be made by the master, owner, or operator of

the OSV, or by a designated representative of the owner or operator.

(3) Upon completion of the alternative midperiod examination, the

person or persons making the examination shall prepare a comprehensive

report describing the conditions found. This report must contain

sufficient detail to let the OCMI determine whether the vessel is fit

for the service and route specified on the Certificate of Inspection.

This report must include subsidiary reports and receipts documenting

the servicing of lifesaving and fire-protection equipment, and any

photographs or sketches necessary to clarify unusual circumstances.

Each person preparing this report shall sign it and certify that the

information in it is complete and accurate.

(4) Unless the master of the vessel participated in the alternative

midperiod examination and the preparation of the comprehensive report,

the master shall review the report for completeness and accuracy. The

master shall sign the report to indicate review and shall forward it to

the owner or operator of the vessel, who asked for the examination.

(5) The owner or operator of a vessel examined under this section

shall review and submit the comprehensive report, required by paragraph

(d)(3) of this section, to the OCMI. The report must reach the OCMI

before the first day of the sixteenth month of validity of the

Certificate of Inspection. The forwarding letter or endorsement must be

certified and must contain the following information:

(i) That the person or persons who made the alternative midperiod

examination acted on behalf of the vessel's owner or operator.

(ii) That the report was reviewed by the owner or operator.

(iii) That the discrepancies noted during the reinspection have

been corrected, or will be within a stated time.

(iv) That the owner or operator has sufficient personal knowledge

of conditions aboard the vessel at the time of the reinspection, or has

conducted inquiries necessary, to justify forming a belief that the

report is complete and accurate.

(e) The form of certification required under this section, for the

alternative midperiod examination, is as follows:

I certify that to the best of my knowledge and belief the above

is complete and accurate.

(f) Deficiencies and hazards discovered during the alternative

midperiod examination made pursuant to this section must be corrected

if practicable, before the submittal of the report to the OCMI in

compliance with paragraph (d)(5) of this section. Deficiencies and

hazards not corrected by the time the report is submitted must be noted

in the report as ``outstanding.'' Upon receipt of a report indicating

any outstanding deficiency or hazard, the OCMI will inform the owner or

operator of the OSV in writing of the time allowed to correct each

deficiency and hazard and of the method for establishing that each has

been corrected. When any deficiency or hazard remains uncorrected or

uneliminated after this time allowed, the OCMI will initiate

appropriate enforcement.

(g) Upon receipt of the report, the OCMI will evaluate it and

determine:

(1) Whether the OCMI accepts the alternative midperiod examination

instead of the reinspection required by Sec. 126.510 of this subpart.

(2) Whether the OSV is in satisfactory condition.

(3) Whether the vessel continues to be reasonably fit for its

intended service and route.

(h) The OCMI may require further information necessary for the

determinations required by this section. The OCMI will inform the owner

or operator of the OSV in writing of these determinations.

(i) If the OCMI, in compliance with paragraph (g) of this section,

does not accept the alternative midperiod examination instead of the

reinspection required by Sec. 126.510 of this subpart, the OCMI will

require reinspection of the OSV as soon as practicable. The OCMI will

inform the owner or operator of the OSV in writing that the examination

is not acceptable and that a reinspection is necessary. The owner,

master, or operator shall make the vessel available for the

reinspection at a time and place agreeable to the OCMI.

PART 127--CONSTRUCTION AND ARRANGEMENTS

Subpart A--Plan Approval

Sec.

127.100 General.

127.110 Plans and specifications required for new construction.

127.120 Procedure for submittal of plans.

Subpart B--Particular Construction and Arrangements

127.210 Structural standards.

127.220 General fire protection.

127.230 Subdivision and stability.

127.240 Means of escape.

127.250 Ventilation for enclosed spaces.

127.260 Ventilation for accommodations.

127.270 Location of accommodations and pilothouse.

127.280 Construction and arrangement of quarters for crew members

and accommodations for offshore workers.

Subpart C--Rails and Guards

127.310 Where rails required.

127.320 Storm rails.

127.330 Guards in dangerous places.

Subpart D--Construction of Windows, Visibility, and Operability of

Coverings

127.410 Safety-glazing materials.

127.420 Strength.

127.430 Visibility from pilothouse.

127.440 Operability of window coverings.

Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A--Plan Approval

Sec. 127.100 General.

Plans listed by Sec. 127.110 of this subpart must be submitted for

approval after the owner or builder applies for inspection in

compliance with Sec. 126.320 of this subchapter.

[[Page 57647]]

Sec. 127.110 Plans and specifications required for new construction.

Each applicant for approval of plans and for an original

Certificate of Inspection must submit three copies of the following:

(a) General.

(1) Specifications.

(2) General Arrangement Plans.

(3) Safety Plan (Fire-Control Plan).

(4) Lifesaving-Equipment Plan.

(b) Hull structure.

(1) Midship Section.

(2) Booklet of Scantling Plans.

(3) Arrangement of Ports, Doors, and Air ports.

(4) Hatch Coamings and Covers in Weather Decks and Watertight

Decks.

(5) Scuppers and Drains Penetrating Shell-Plating.

(6) Booklet of Standard Details.

(c) Subdivision and stability. (For plans required for subdivision

and stability, see subchapter S of this chapter.)

(d) Marine engineering.

(1) Piping diagrams of each Class I systems.

(2) Piping diagrams of the following Class II systems (the

builder's certification of Class II non-vital piping systems must

accompany the piping diagrams in compliance with Sec. 128.220(c) of

this subchapter):

(i) Systems for fill, transfer, and service of fuel oil.

(ii) Fire-main and fixed gaseous fire-extinguishing systems.

(iii) Bilge systems.

(iv) Ballast systems.

(v) Fluid-driven power and control systems.

(vi) Through-hull penetrations and shell connections.

(vii) Sanitary systems.

(viii) Vents, sounding tubes, and overflows.

(ix) Compressed-air systems.

(3) Steering and steering-control systems.

(4) Propulsion and propulsion-control systems.

(5) Piping diagrams of each system containing any flammable,

combustible, or hazardous liquid including--

(i) Cargo-oil systems;

(ii) Systems for combustible drilling-fluid (such as oil-based

liquid mud); and

(iii) Cargo-transfer systems for fixed independent or portable

tanks.

(e) Electrical engineering.

(1) For each OSV of less than 100 gross tons, the following plans

must be submitted:

(i) Arrangement of electrical equipment (plan and profile) with

equipment identified as necessary to show compliance with this

subchapter.

(ii) Electrical one-line diagram that includes wire types and

sizes, overcurrent-device rating and setting, and type of electrical-

equipment enclosure (drip-proof, watertight, or the like).

(iii) Switchboard plans required by paragraphs (e) and (f) of

Sec. 110.25-1 of this chapter.

(2) For each vessel of 100 or more gross tons, the plans required

by Sec. 110.25 of this chapter must be submitted.

(f) Automation. For each OSV of 100 or more gross tons, where

automated systems are provided to replace specific personnel in the

control and observation of the propulsion systems and machinery spaces,

or to reduce the level of crew associated with the engine department,

the following plans must be submitted:

(1) Plans necessary to demonstrate compliance with subpart D of

part 130 of this subchapter.

(2) Automation-test procedure.

(3) Operations manual.

Sec. 127.120 Procedure for submittal of plans.

If an OSV is to be constructed, altered, or repaired in the United

States, the plans, information, and calculations required by this part

must be submitted to--

(a) The OCMI in the zone where the vessel is to be constructed,

altered, or repaired; or

(b) The Commanding Officer, Marine Safety Center, 400 Seventh

Street SW., Washington, DC 20590-0001.

Subpart B--Particular Construction and Arrangements

Sec. 127.210 Structural standards.

(a) Except as provided by paragraphs (b) and (c) of this section,

compliance with the construction and structural rules established by

the ABS and incorporated by reference in Sec. 125.180 is acceptable for

the design and construction of an OSV.

(b) The standard of any classification society, or any other

established standard, acceptable to the Commandant (G-MMS) may be used.

(c) If no established standard for design is used, detailed design

calculations must be submitted with the plans required by Sec. 127.110

of this part.

(d) The plans required by Sec. 127.110 of this part should specify

their standard for design.

Sec. 127.220 General fire protection.

(a) Each OSV must be designed and constructed to minimize fire

hazards, as far as reasonable and practicable.

(b) Exhausts of internal-combustion engines, galley uptakes, and

similar sources of ignition must be kept clear of and insulated from

woodwork and other combustible matter.

(c) Paint lockers and similar compartments must be constructed of

steel or be wholly lined with steel.

(d) Except as provided by paragraph (e) of this section, when a

compartment containing the emergency source of electric power, or vital

components of that source, adjoins a space containing either the ship's

service generators or machinery necessary for the operation of the

ship's service generators, each common bulkhead and deck must be ``A-

60'' Class construction as defined by Sec. 72.05-10 of this chapter.

(e) The ``A-60'' Class construction required by paragraph (d) of

this section is unnecessary if the emergency source of electric power

is in a small, ventilated battery locker that--

(1) Is located above the main deck;

(2) Is located in the open; and

(3) Has no boundaries contiguous with other decks or bulkheads.

Sec. 127.230 Subdivision and stability.

Each OSV must meet the applicable requirements in subchapter S of

this chapter.

Sec. 127.240 Means of escape.

(a) There must be at least two means of escape, exclusive of

windows and portholes, from each of the following spaces:

(1) Each space accessible to offshore workers.

(2) Crew accommodations and each space where the crew may normally

be employed.

(b) At least one of the two means of escape must--

(1) Be independent of watertight doors in bulkheads required by

part 174 of this chapter to be watertight; and

(2) Lead as directly to the open deck as practicable.

(c) The two means of escape required by paragraph (a) of this

section must be widely separated and, if possible, at opposite ends or

sides of the space, to minimize the possibility that one incident will

block both escapes.

(d) Except as provided by paragraph (e) of this section, a vertical

ladder ending at a deck scuttle may not be either of the means of

escape required by paragraph (a) of this section.

(e) A vertical ladder ending at a deck scuttle may be the second

means of escape if the--

(1) Primary means of escape is a stairway or passageway;

(2) Installation of another stairway or passageway is

impracticable;

(3) Scuttle is located where stowed deck cargo could not interfere;

[[Page 57648]]

(4) Scuttle is fitted with a quick-acting release, and with a hold-

back to hold the scuttle open; and

(5) Scuttle meets the requirements for location, strength, and

height of coaming in subchapter E of this chapter.

(f) Each vertical ladder must--

(1) Have rungs that are--

(i) At least 16 inches (410 millimeters) long;

(ii) At most 12 inches (300 millimeters) apart, uniform for the

length of the ladder; and

(iii) At least 7 inches (180 millimeters) from the nearest

permanent object in back of the ladder;

(2) Have at least 4\1/2\ inches (115 millimeters) of clearance

above each rung;

(3) Be made of incombustible materials; and

(4) Have an angle of inclination with the horizontal, greater than

70 degrees but not more than 90 degrees.

(g) No means may be provided for locking any interior door giving

access to either of the two required means of escape; except that a

crash door or locking-device, capable of being easily forced in an

emergency, may be employed if a permanent and conspicuous notice to

this effect is attached to both sides of the door. A means may be

provided for locking an exterior door to a deckhouse if the door is--

(1) Locked only by a key under the control of one of the OSV's

officers; and

(2) Always operable from the inside.

(h) Each passageway or stairway must be wide enough to provide an

effective means of escape for the number of persons having access to it

even if each person is wearing a lifejacket. There must be no

protrusions in the means of escape that could cause injury, ensnare

clothing, or damage lifejackets.

(i) No interior stairway, other than within the machinery spaces or

cargo holds, may be less than 28 inches wide. The angle of inclination

of each stairway with the horizontal must not exceed 50 degrees.

(j) No dead-end passageway, or equivalent, may be more than 40 feet

(13.1 meters) in length.

(k) Vertical access must be provided between the various weather

decks by means of permanently inclined ladders. The angle of

inclination of these ladders with the horizontal must not exceed 70

degrees.

Sec. 127.250 Ventilation for enclosed spaces.

(a) Each enclosed space within the OSV must be properly vented or

ventilated. Means must be provided for closing each vent and

ventilator.

(b) Means must be provided for stopping each fan in a ventilation

system serving machinery and cargo spaces and for closing, in case of

fire, each doorway, ventilator, and annular space around funnels and

other openings into such spaces.

Sec. 127.260 Ventilation for accommodations.

(a) Each accommodation space must be adequately ventilated in a

manner suitable for the purpose of the space.

(b) Each OSV of 100 or more gross tons must be provided with a

mechanical ventilation system unless the OCMI is satisfied that a

natural system, such as opening windows, portholes, or doors, will

accomplish adequate ventilation in ordinary weather.

Sec. 127.270 Location of accommodations and pilothouse.

(a) Neither quarters for crew members or offshore workers nor the

pilothouse may be located forward of the collision bulkhead required by

Sec. 174.190 of this chapter.

(b) Except as provided in paragraph (c) of this section, no part of

any deck with accommodations for crew members or offshore workers may

be below the deepest load waterline.

(c) Any deck with accommodations for crew members or offshore

workers may be below the deepest load waterline if--

(1) The OSV complies with the damage-stability requirements in

Sec. 174.205 of this chapter;

(2) Each vertical ladder permitted by Sec. 127.240 of this subpart

is above the final-equilibrium waterline when the vessel is subject to

the damage prescribed by Sec. 174.205 of this chapter; and

(3) The overhead of at least one vertical ladder is at least 12

inches above the final-equilibrium waterline when the vessel is subject

to the damage prescribed by Sec. 174.205 of this chapter.

(d) No hawse pipe or chain pipe may pass through accommodations for

crew members or offshore workers.

(e) There must be no direct access, except through solid, close-

fitted doors or hatches, between accommodations for crew members or

offshore workers and chain lockers, cargo spaces, or machinery spaces.

(f) No access openings, sounding tubes, or vents from fuel-oil or

cargo-oil tanks may open into accommodations for crew members or

offshore workers, except that access openings and sounding tubes may

open into passageways.

(g) Accommodations for crew members must be separate from and

independent of those for offshore workers unless the OCMI approves an

alternative arrangement.

Sec. 127.280 Construction and arrangement of quarters for crew members

and accommodations for offshore workers.

(a) The following requirements apply to quarters for crew members

on each OSV of 100 or more gross tons:

(1) Quarters for crew members must be divided into staterooms none

of which berths more than four members.

(2) Each stateroom for use by crew members must--

(i) Have clear headroom of at least 6 feet 3 inches; and

(ii) Contain at least 30 square feet of deck and at least 210 cubic

feet of space for each member accommodated. The presence in a stateroom

of equipment for use by the occupants does not diminish the area or

volume of the room.

(3) There must be at least one toilet, one washbasin, and one

shower or bathtub for every eight or fewer members who do not occupy a

stateroom to which a private or a semiprivate facility is attached.

(b) The following requirements apply to accommodations for offshore

workers on each OSV of 100 or more gross tons:

(1) Each offshore worker aboard must be provided with adequate

fixed seating. The spacing of fixed seating must be sufficient to allow

ready escape in case of fire or other emergency. The following are

minimal requirements:

(i) Aisles 15 feet in length or less must not be less than 24

inches wide.

(ii) Aisles more than 15 feet in length must not be less than 30

inches wide.

(iii) Where the seating is in rows, the distance from seat front to

seat front must not be less than 30 inches.

(2) If the intended operation of a vessel is to carry offshore

workers aboard for more than 24 hours, quarters for them must be

provided. Each stateroom for use by them must--

(i) Berth no more than six workers;

(ii) Have clear headroom of at least 6 feet 3 inches; and

(iii) Contain at least 20 square feet of deck and at least 140

cubic feet of space for each worker accommodated. The presence in a

stateroom of equipment for use by the occupants does not diminish the

area or volume of the room.

(3) Toilets and washbasins for use by offshore workers must meet

the requirements of paragraph (a)(3) of this section.

(c) Each crew member and offshore worker aboard an OSV of less than

100 gross tons must be provided with accommodations of adequate size

and construction, and with equipment for his or her protection and

convenience suitable to the size, facilities, and service of the

vessel.

[[Page 57649]]

(d) For each OSV of 100 or more gross tons, the bulkheads and decks

separating accommodations for crew members and offshore workers from

machinery spaces must be of ``A'' Class construction as defined by

Sec. 92.07-5 of this chapter.

(e) After reviewing the arrangement drawings required by

Sec. 127.110 of this part, the OCMI will determine and record on the

OSV's Certificate of Inspection the number of offshore workers that the

vessel may carry.

Subpart C--Rails and Guards

Sec. 127.310 Where rails required.

(a) Each OSV must have permanently installed efficient guard rails

or bulwarks on decks and bridges. Each rail or bulwark must stand at

least 39-\1/2\ inches from the deck except that, where this height

would interfere with the normal operation of the vessel, the OCMI may

approve a lesser height.

(b) At exposed peripheries of the freeboard and superstructure

decks, each rail must consist of at least three courses, including the

top. The opening below the lowest course must be no more than 9 inches

with courses no more than 15 inches apart. On other decks and bridges

each rail must consist of at least two courses, including the top,

approximately evenly spaced.

(c) If satisfied that the installation of any rail of the required

height is impracticable, the OCMI may accept a grab rail or a rail of a

lesser height in its place.

Sec. 127.320 Storm rails.

Suitable storm rails must be installed in each passageway and at

the deckhouse sides, including in way of inclined ladders, where

persons aboard have normal access. They must be installed on both sides

of passageways more than 6 feet wide.

Sec. 127.330 Guards in dangerous places.

Suitable hand covers, guards, or rails must be installed on each

exposed and dangerous place, such as gears and machinery.

Subpart D--Construction of Windows, Visibility, and Operability of

Coverings

Sec. 127.410 Safety-glazing materials.

Glass and other glazing material used in windows must be material

that will not break into dangerous fragments if fractured.

Sec. 127.420 Strength.

Each window or porthole, and its means of attachment to the hull or

the deckhouse, must be capable of withstanding the maximum expected

load from wave and wind conditions, due to its location on the OSV and

the authorized route of the vessel.

Sec. 127.430 Visibility from pilothouse.

(a) Windows and other openings at the pilothouse must be of

sufficient size and properly located to provide adequate view for safe

operation in any condition.

(b) Glass or other glazing material used in windows at the

pilothouse must have a light transmission of at least 70 percent

according to Test 2 of ANSI Z26.1, ``Code for Safety Glazing Materials

for Glazing Motor Vehicles Operating on Land Highways,'' and must

comply with Test 15 of ANSI Z26.1 for Class I Optical Deviation.

Sec. 127.440 Operability of window coverings.

Any covering or protection placed over a window or porthole must be

able to be readily removed or opened. It must be possible to open or

remove the covering or protection without anyone's having to go onto a

weather deck.

PART 128--MARINE ENGINEERING: EQUIPMENT AND SYSTEMS

Subpart A--General

Sec.

128.110 Equipment and systems.

128.120 Plan approval.

128.130 Vital systems.

Subpart B--Materials and Pressure Design

128.210 Class II vital systems--materials.

128.220 Class II non-vital systems--materials and pressure design.

128.230 Penetrations of hulls and watertight bulkheads--materials

and pressure design.

128.240 Hydraulic and pneumatic power and control--materials and

pressure design.

Subpart C--Main and Auxiliary Machinery

128.310 Fuel.

128.320 Exhaust systems.

Subpart D--Design Requirements for Specific Systems

128.410 Ship's service refrigeration systems.

128.420 Keel-cooler installations.

128.430 Grid-cooler installations.

128.440 Bilge systems.

128.450 Liquid-mud systems.

Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A--General

Sec. 128.110 Equipment and systems.

(a) Except as provided by this part, the design, installation,

testing, and inspection of materials, machinery, pressure vessels, and

piping must comply with subchapter F of this chapter.

(b) This part contains requirements for equipment and systems

commonly found on an OSV. If additional or unique systems, such as for

low-temperature cargoes, are to be installed, they too must comply with

subchapter F of this chapter.

Sec. 128.120 Plan approval.

The plans required by subchapter F of this chapter need not be

submitted if the plans listed by Sec. 127.110(d) of this subchapter

have been submitted.

Sec. 128.130 Vital systems.

(a) Vital systems are those systems that are vital to a vessel's

survivability and safety. For the purpose of this subchapter, the

following are vital systems:

(1) Systems for fill, transfer, and service of fuel oil.

(2) Fire-main systems.

(3) Fixed gaseous fire-extinguishing systems.

(4) Bilge systems.

(5) Ballast systems.

(6) Steering systems and steering-control systems.

(7) Propulsion systems and their necessary auxiliaries and control

systems.

(8) Systems for transfer and control of cargo, for integral tanks

or fixed independent tanks, in compliance with Sec. 125.110 of this

subchapter.

(9) Ship's service and emergency electrical-generation systems and

their auxiliaries.

(10) Any other marine-engineering system identified by the OCMI as

crucial to the survival of the OSV or to the protection of the

personnel aboard.

(b) For the purpose of this subchapter, a system not identified by

paragraph (a) of this section is a non-vital system.

Subpart B--Materials and Pressure Design

Sec. 128.210 Class II vital systems--materials.

Except as provided by Secs. 128.230 and 128.240 of this subpart,

instead of complying with part 56 of this chapter, materials used in

Class II vital piping-systems may be accepted by the OCMI or the

Commanding Officer, Marine Safety Center, if shown to provide a level

of safety equivalent to materials in Sec. 56.60 of this chapter.

Sec. 128.220 Class II non-vital systems--materials and pressure

design.

(a) Except as provided by Secs. 128.230, 128.240, and 128.320 of

this part, a Class II non-vital piping-system need not meet the

requirements for materials and pressure design of subchapter F of this

chapter.

(b) Piping for salt-water service must be of a corrosion-resistant

material, be

[[Page 57650]]

hot-dip galvanized, or be at least of extra-heavy schedule in wall

thickness.

(c) Each Class II non-vital piping-system must be certified by the

builder as suitable for its intended service. A written certificate to

this effect must be submitted with the plans required by

Sec. 127.110(d) of this subchapter.

(d) The OCMI will review the particular installation of each system

for the safety hazards identified in paragraphs (a), (b)(1), and (c)

through (k) of Sec. 56.50-1 of this chapter, and will add requirements

as appropriate.

Sec. 128.230 Penetrations of hulls and watertight bulkheads--materials

and pressure design.

(a) Each piping penetration, in each bulkhead required by this

subchapter to be watertight, must meet the requirements for materials

and pressure design of subchapter F of this chapter.

(b) Each overboard discharge and shell connection, up to and

including required shut-off valves, must meet the requirements for

materials and pressure design of subchapter F of this chapter.

Sec. 128.240 Hydraulic or pneumatic power and control--materials and

pressure design.

(a) Each standard piping component (such as pipe runs, fittings,

flanges, and standard valves) for hydraulic or pneumatic power and

control systems must meet the requirements for materials and pressure

design of Sec. 128.110, 128.210, or 128.220 of this part, as

appropriate.

(b) Any non-standard hydraulic or pneumatic component (such as

control valves, check valves, relief valves, and regulators) may be

accepted by the OCMI or the Commanding Officer, Marine Safety Center,

if the component is certified by the manufacturer as suitable for

marine service and if--

(1) The component meets each of the requirements for materials and

pressure design of subparts 56.60 and 58.30 of this chapter and if its

service is limited to the manufacturer's rated pressure; or

(2) The service of the component is limited to \1/2\ the

manufacturer's recommended maximum allowable working pressure (MAWP) or

\1/10\ the component's burst pressure. Burst-pressure testing is

described in ANSI B 31.1, Paragraph 104.7.A, and must be conducted to

comply with Paragraph A-22, Section, I, ASME Boiler and Pressure Vessel

Code. Written certification of results of burst-pressure testing must

be submitted with the plans required by Sec. 127.110(d) of this

subchapter.

Subpart C--Main and Auxiliary Machinery

Sec. 128.310 Fuel.

(a) Except as provided by paragraph (b) of this section, each

internal-combustion engine installed on an OSV, whether for main

propulsion or for auxiliaries, must be driven by a fuel having a

flashpoint of not lower than 110 degrees F. as determined by ASTM D93.

(b) The use of a fuel with a flashpoint of lower than 110 degrees

F. must be specifically approved by the Commandant (G-MTH), except in

an engine for a gasoline-powered rescue boat.

Sec. 128.320 Exhaust systems.

No diesel-engine exhaust system need meet the material requirements

in Sec. 58.10-5(d)(1)(i) of this chapter if the installation is

certified as required by Sec. 128.220(c) of this part.

Subpart D--Design Requirements for Specific Systems

Sec. 128.310 Ship's service refrigeration systems.

No self-contained unit either for air-conditioning or for

refrigerated spaces for ship's stores need comply with Sec. 58.20-5,

58.20-10, 58.20-15, 58.20-20(a), or 58.20-20(b) of this chapter if--

(a) The unit uses a fluorocarbon refrigerant allowed by part 147 of

this chapter;

(b) The manufacturer certifies that the unit is suitable for its

intended purpose; and

(c) Electrical wiring meets the applicable requirements in

subchapter J of this chapter.

Sec. 128.420 Keel-cooler installations.

(a) Except as provided by this section, each keel-cooler

installation must comply with Sec. 56.50-96 of this chapter.

(b) Approved metallic flexible connections may be located below the

deepest-load waterline if the system is a closed loop below the

waterline and if its vent is located above the waterline.

(c) Fillet welds may be used in the attachment of channels and

half-round pipe sections to the bottom of the OSV.

(d) Short lengths of approved non-metallic flexible hose fixed by

metallic hose-clamps may be used at machinery connections if--

(1) The clamps are of a corrosion-resistant material;

(2) The clamps do not depend on spring tension for their holding

power; and

(3) Two of the clamps are used on each end of the hose, except that

one clamp may be used on an end expanded or beaded to provide a

positive stop against hose slippage.

Sec. 128.430 Grid-cooler installations.

(a) Each hull penetration for a grid-cooler installation must be

made through a cofferdam or at a seachest and must be provided with

isolation valves fitted as close to the sea inlet as possible.

(b) Each grid cooler must be protected against damage from debris

and grounding by protective guards or by recessing the cooler into the

hull.

Sec. 128.440 Bilge systems.

(a) Except as provided by this section, each bilge system must

comply with Secs. 56.50-50 and 56.50-55 of this chapter.

(b) If the steering room, engine room, centerline passageway,

forward machinery space, and compartment containing the dry-mud tanks

are the only below-deck spaces that must be fitted with bilge suctions,

the OSV may be equipped to the standards of Secs. 56.50-50 and 56.50-55

of this chapter applicable to a dry-cargo vessel of less than 180 feet

in length.

Sec. 128.450 Liquid-mud systems.

(a) Liquid-mud systems of piping may use resiliently seated valves

of category A to comply with Secs. 56.20-15 and 56.50-60 of this

chapter.

(b) Tanks for oil-based liquid mud must be fitted with tank vents

equipped with flame screens. Vents must not discharge to the interior

of the OSV.

PART 129--ELECTRICAL INSTALLATIONS

Subpart A--General Provisions

Sec.

129.100 General.

129.110 Applicability.

129.120 Alternative standards.

Subpart B--General Requirements

129.200 Design, installation, and maintenance.

129.210 Protection from wet and corrosive environments.

129.220 Basic safety.

Subpart C--Power Sources and Distribution Systems

129.310 Power sources.

129.315 Power sources for OSVs of 100 or more gross tons.

129.320 Generators and motors.

129.323 Multiple generators.

129.326 Dual-voltage generators.

129.330 Distribution panels and switchboards.

129.340 Cable and wiring.

129.350 Batteries--general.

129.353 Battery categories.

129.356 Battery installations.

129.360 Semiconductor-rectifier systems.

[[Page 57651]]

129.370 Equipment grounding.

129.375 System grounding.

129.380 Overcurrent protection.

129.390 Shore power.

129.395 Radio installations.

Subpart D--Lighting Systems

129.410 Lighting fixtures.

129.420 Branch circuits for lighting on OSVs of 100 or more gross

tons.

129.430 Navigational lighting.

129.440 Emergency lighting.

129.450 Portable lighting.

Subpart E--Miscellaneous Electrical Systems

129.510 Lifeboat winches.

129.520 Hazardous areas.

129.530 General alarm.

129.540 Remote stopping-systems on OSVs of 100 or more gross tons.

129.550 Power for cooking and heating.

129.560 Engine-order telegraphs on OSVs of 100 or more gross tons.

Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A--General Provisions

Sec. 129.100 General.

This part contains requirements for the design, construction, and

installation of electrical equipment and systems including power

sources, lighting, motors, miscellaneous equipment, and safety systems.

Sec. 129.110 Applicability.

(a) Except as specifically provided in this part, electrical

installations on OSVs of 100 or more gross tons must comply with

subchapter J of this chapter.

(b) Electrical installations on OSVs of less than 100 gross tons

must meet the--

(1) Requirements of paragraph (a) of this section for vessels of

100 or more gross tons; or

(2) Applicable requirements of this part.

Sec. 129.120 Alternative standards.

(a) An OSV of 65 feet in length or less may meet the following

requirements of the American Yacht and Boat Council Projects, where

applicable, instead of Sec. 129.340 of this part:

(i) E-1, Bonding of Direct Current Systems.

(ii) E-8, AC Electrical System on Boats.

(iii) E-9, DC Electrical Systems on Boats.

(b) An OSV with an electrical installation operating at a potential

of less than 50 volts may comply with Sec. 183.430 of this chapter

instead of Sec. 129.340 of this part.

Subpart B--General Requirements

Sec. 129.200 Design, installation, and maintenance.

Electrical equipment on an OSV must be designed, installed, and

maintained to--

(a) Provide services necessary for safety under normal and

emergency conditions;

(b) Protect crew members, offshore workers, and the OSV from

electrical hazards, including fire, caused by or originating in

electrical equipment and electrical shock;

(c) Minimize accidental personal contact with energized parts; and

(d) Prevent electrical ignition of flammable vapors.

Sec. 129.210 Protection from wet and corrosive environments.

(a) Electrical equipment used in the following spaces must be drip-

proof:

(1) A machinery space.

(2) A space normally exposed to splashing, water wash down, or

other wet conditions within a galley, a laundry, or a public washroom

or toilet room that has a bath or shower.

(3) Every other space with similar wet conditions.

(b) Electrical equipment exposed to the weather must be watertight.

(c) Electrical equipment exposed to corrosive environments must be

of suitable construction and must be resistant to corrosion.

Sec. 129.220 Basic safety.

(a) Electrical equipment and installations must be suitable for the

roll, pitch, and vibration of the OSV under way.

(b) All equipment, including switches, fuses, and lampholders, must

be suitable for the voltage and current used.

(c) Receptacle outlets of the type providing a grounded pole or a

specific direct-current polarity must be of a configuration that does

not permit improper connection.

(d) Electrical equipment and circuits must be clearly marked and

identified.

(e) Any cabinet, panel, box, or other enclosure containing more

than one source of power must be fitted with a sign warning persons of

this condition and identifying the circuits to be disconnected.

Subpart C--Power Sources and Distribution Systems

Sec. 129.310 Power sources.

(a) (1) Each OSV that relies on electricity to power the following

loads must be arranged so that the loads can be energized from at least

two sources of electricity:

(i) Any system identified as a vital system in Sec. 128.130(a) of

this subchapter.

(ii) Interior lights.

(iii) Communication systems.

(iv) Navigational equipment and lights.

(v) Fire-protection equipment.

(2) An OSV with batteries of enough capacity for 3 hours of

continuous operation to supply the loads specified in paragraph (a)(1)

of this section, and with a generator or alternator driven by a

propulsion engine, complies with paragraph (a)(1) of this section.

(b) Where a generator driven by a propulsion engine is used as a

source of electrical power, no speed change, throttle movement, or

change in direction of the propeller shaft of the OSV may interrupt

power to any of the loads specified in paragraph (a)(1) of this

section.

Sec. 129.315 Power sources for OSVs of 100 or more gross tons.

(a) The requirements of this section apply instead of those in

subpart 111.10 of this chapter.

(b) If a generator provides electrical power for any system

identified as a vital system by Sec. 128.130(a) of this subchapter, at

least two power-generating sets must be provided. At least one set must

be independent of the main propulsion plant. A generator not

independent of the main propulsion plant must comply with Sec. 111.10-

4(c) of this chapter. With any one generating set stopped, the

remaining set or sets must provide the power necessary for the loads

required by this section.

Sec. 129.320 Generators and motors.

(a) Each generator and motor must be--

(1) In an accessible space, adequately ventilated and as dry as

practicable; and

(2) Mounted above the bilges to avoid damage by splash and to avoid

contact with low-lying vapors.

(b) Each generator and motor must be designed for an ambient

temperature of 50 degrees C. (122 degrees F.), except that--

(1) If the ambient temperature in the space where a generator or

motor is does not exceed 40 degrees C. (104 degrees F.) under normal

operating conditions, the generator or motor may be designed for an

ambient temperature of 40 degrees C.; and

(2) A generator or motor designed for an ambient temperature of 40

degrees C. may be used in a location where the ambient temperature is

50 degrees C., if the generator or motor is derated to 80 percent of

the full-load rating and if the rating or setting of the overcurrent

[[Page 57652]]

devices of the generator or motor is reduced accordingly.

(c) For each generator rated at 50 volts or more, a voltmeter and

an ammeter used for measuring voltage and current while the generator

is in operation must be provided. For each alternating-current

generator, a means for measuring frequency must also be provided. To

ensure satisfactory operation of each generator, additional control

equipment and measuring instruments, if needed, must also be provided.

(d) Each generator must have a nameplate attached to it

indicating--

(1) Name of manufacturer, type of generator, and designation of

frame;

(2) Output in kilowatts, or horsepower rating;

(3) Kind of rating (continuous, overload, or other);

(4) Amperes at rated load, voltage, and frequency;

(5) Number of phases, if applicable;

(6) Type of windings, if DC:

(7) When intended for connection in a normally grounded

configuration, the grounding polarity; and

(8) For a generator derated to comply with paragraph (b)(2) of this

section, the derated capacity.

(e) Each motor must have attached to it a nameplate containing the

information required by Article 430 of NFPA 70.

Sec. 129.323 Multiple generators.

If an OSV uses two or more generators to supply electricity for the

ship's service loads, to comply with Sec. 129.310(a) of this subpart,

the following requirements must be met:

(a) Each generator must have an independent prime mover.

(b) The circuit breaker of a generator to be operated in parallel

with another generator must comply with Secs. 111.05-13, 111.12-11(f),

111.30-19(a), and 111.30-25(d) of this chapter.

(c) The circuit breaker of a generator not to be operated in

parallel with another generator must be interlocked to prevent that

generator from being connected to the switchboard simultaneously with

another.

Sec. 129.326 Dual-voltage generators.

If a dual-voltage generator is installed on an OSV--

(a) The neutral of the dual-voltage system must be solidly grounded

at the switchboard's neutral bus and be accessible for checking the

insulation resistance of the generator to ground before the generator

is connected to the bus; and

(b) Ground detection must be provided that--

(1) For an alternating-current system, complies with Sec. 111.05-27

of this chapter; and

(2) For a direct-current system, complies with Sec. 111.05-29 of

this chapter.

Sec. 129.330 Distribution panels and switchboards.

(a) Each distribution panel or switchboard must be in a location as

dry as practicable, accessible, adequately ventilated, and protected

from falling debris and dripping or splashing water.

(b) Each distribution panel or switchboard must be totally enclosed

and of the dead-front type.

(c) Each switchboard must have nonconductive handrails.

(d) Each switchboard must be fitted with a dripshield, unless the

switchboard is of a type mounted deck to overhead and is not subject to

falling objects or liquids from above.

(e) Each distribution panel and switchboard accessible from the

rear must be constructed to prevent a person's accidental contact with

energized parts.

(f) Working space must be provided around each main distribution

panel and switchboard of at least 24 inches in front of the switchboard

and, unless it is inaccessible from the rear, of at least 18 inches

from the nearest bulkhead, stiffener, or frame behind the switchboard.

(g) Nonconductive mats or grating must be provided on the deck in

front of each switchboard and, if the switchboard is accessible from

the rear, on the deck behind the switchboard.

(h) Each uninsulated current-carrying part must be mounted on

noncombustible, nonabsorbent, high-dielectric insulating material.

(i) Equipment mounted on a hinged door of an enclosure must be

constructed or shielded so that no person will come into accidental

contact with energized parts of the door-mounted equipment when the

door is open and the circuit energized.

(j) Switchboards and distribution panels must be sized in

accordance with Sec. 111.30-19(a) of this chapter.

Sec. 129.340 Cable and wiring.

(a) If individual wires, rather than cables, are used in systems

operating at a potential of greater than 50 volts, the wire and

associated conduit must be run in a protected enclosure. The protected

enclosure must have drain holes to prevent the buildup of condensation.

(b) Each cable and wire must--

(1) Have stranded copper conductors with sufficient current-

carrying capacity for the circuit in which it is used;

(2) Be installed so as to avoid or reduce interference with radio

reception and compass indication;

(3) Be protected from the weather;

(4) Be supported so as to avoid chafing or other damage;

(5) Be installed without sharp bends;

(6) Be protected by metal coverings or other suitable means, if in

areas subject to mechanical abuse;

(7) Be suitable for low temperature and high humidity, if installed

in refrigerated compartments;

(8) Be located outside a tank, unless it supplies power to

equipment in the tank; and

(9) Have sheathing or wire insulation compatible with the fluid in

a tank, when installed to comply with paragraph (b)(8) of this section.

(c) Cable and wire in power and lighting circuits must be #14 AWG

or larger. Cable and wire in control and indicator circuits must be #22

AWG or larger, or be ribbon cable or similar, smaller, conductor-size

cable recommended by the equipment manufacturer for use in circuits for

low-power instrumentation, monitoring, or control.

(d) Cable and wire for power and lighting circuits must--

(1) Comply with Section 310-13 of the NEC (NFPA 70), except that no

asbestos-insulated cable or dry-location cable may be used;

(2) Be listed by Underwriters Laboratories Inc. as UL Boat or UL

Marine Shipboard cable; or

(3) Comply with Sec. 111.60-1 of this chapter for cable, and

Sec. 111.60-11 of this chapter for wire.

(e) Cable and wire serving vital systems listed in Sec. 128.130(a)

of this subchapter or serving emergency loads must be routed as far as

practicable from areas at high risk for fire, such as galleys,

laundries, and machinery spaces.

(f) Cable or wire serving duplicated equipment must be separated so

that a casualty that affects one cable does not affect the other.

(g) Each connection to a conductor or a terminal part of a

conductor must be made within an enclosure and have a--

(1) Pressure-type connector on each conductor;

(2) Solder lug on each conductor;

(3) Splice made with a pressure-type connector to a flexible lead

or conductor; or

(4) Splice soldered, brazed, or welded to a flexible lead or

conductor.

(h) A connector or lug of the set-screw type must not be used with

a stranded conductor smaller than No. 14 AWG, unless there is a

nonrotating follower that travels with the set screw and

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makes pressure contact with the conductor.

(i) Each pressure-type wire connector and lug must comply with UL

486A. No wire nuts may be used.

(j) Each terminal block must have terminal screws 6-32 or larger.

(k) Each wire connector used in conjunction with screw-type

terminal blocks must be of the captive type such as the ring or the

flanged-spade type.

(l) No cable may be spliced in--

(1) A hazardous location; or

(2) Another location, except--

(i) A cable installed in a subassembly may be spliced to a cable

installed in another subassembly;

(ii) For a vessel receiving alterations, a cable may be spliced to

extend a circuit;

(iii) A cable of large diameter or exceptional length may be

spliced to facilitate its installation.

(iv) A cable may be spliced to replace a damaged section of itself

if, before replacement of the damaged section, the insulation

resistance of the remainder of the cable is measured, and the condition

of the insulation is unimpaired.

(m) All material in a cable splice must be chemically compatible

with other material in the splice and with the materials in the cable.

(n) Ampacities for conductors must comply with Section 310-15 of

the NEC (NFPA 70), or with IEEE Standard 45, as appropriate.

(o) Each conductor must be sized so that the voltage drop at the

load terminals does not exceed 10 percent.

(p) Each metallic covering of armored cable must--

(1) Be electrically continuous; and

(2) Be grounded at each end of the run to the--

(i) Hull (on a metallic OSV); or

(ii) Common ground plat

This text is long and has been trimmed here. Open the source document for the complete record.