# Offshore Supply Vessels

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-27870

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** November 16, 1995
- **Citation:** 60 FR 57630

## Text

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. 127.1

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-27870. Public record. Not legal advice.