# Offshore Supply Vessels

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A97-24572

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** September 19, 1997
- **Citation:** 62 FR 49308

## Text

SUMMARY: In an interim rule published on November 16, 1995, the Coast
Guard established a complete set of regulations (a new subchapter L)
applicable to new offshore supply vessels (OSVs), including liftboats.
This rule adopts the interim rule as final with a number of changes,
and brings OSVs under a single, consistent regulatory regime.

DATES: This final rule becomes effective on October 20, 1997. OSVs
certificated before March 15, 1996, may either comply with these
regulations in their entirety or continue to comply with, and be
certificated under, current regulations and policy. The Director of the
Federal Register has approved as of November 16, 1995, the
incorporation by reference of certain publications listed in the
regulations.

ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: James M. Magill, Office of Operating
and Environmental Standards (G-MSO-2), Room 1208c, U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001. The
telephone number is (202) 267-1181.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 14, 1983, the Coast Guard published the first of two
ANPRMs (48 FR 6636; CGD 82-004) in order to provide the public with an
early opportunity to comment on a preliminary draft of the
comprehensive set of requirements for inspection and certification
applicable to new offshore supply vessels (OSVs). The Coast Guard
received 24 comment letters addressing 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 the second ANPRM (52
FR 12439), which asked for specific information to help the Coast Guard
in developing specialized regulations for self-elevating OSVs
(liftboats). Many of the recommendations contained in the 14 comment
letters received by the Coast Guard were incorporated into the
subsequent NPRM discussed below.
On May 9, 1989, the Coast Guard published an NPRM (54 FR 20006).
The original comment period was scheduled to end on September 6, 1989,
but on August 31, 1989, it was extended until December 6, 1989 (54 FR
36040). Included with the extension of the comment period was notice of
a public hearing on the proposed rule. The hearing took place at New
Orleans, Louisiana on September 13, 1989. The Coast Guard received 20
letters containing a total of 194 comments on various technical aspects
of the proposed rule. Many of the recommendations from those comments
were incorporated into the interim rule.
On November 16, 1995, the Coast Guard published an interim rule,
with a request for comments, entitled ``Offshore Supply Vessels'' in
the Federal Register (60 FR 57630). No public hearing was requested,
and none was held. On February 28, 1996, the Coast Guard published a
notice in the Federal Register reopening the comment period until March
31, 1996 (61 FR 7425). The Coast Guard received 8 letters containing a
total of 330 comments on the interim rule. Many of the recommendations
from those comments were incorporated into this final rule.

Background and Purpose

Conventional OSVs have traditionally provided a wide range of
supply and support to offshore industries extracting oil and minerals.
Although these vessels historically operated almost exclusively in the
Gulf of Mexico, they now operate worldwide.
Self-elevating OSVs, commonly known as liftboats, are more
specialized in their service. These vessels 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. New
liftboats should enjoy a wider and less restrictive scope of operation
than those certificated before the effective date of this final rule
due to the structural strength and stability standards contained in
this final rule.
The most significant aspect of the new 46 CFR, subchapter L, is its
consolidation of requirements for OSVs. Prior to implementation of
these regulations, existing OSVs had been inspected and certified under
a number of regulations depending on their age and tonnage, such as 46
CFR subchapter I (Cargo and Miscellaneous Vessels) or subchapter T
(Small Passenger Vessels). This led to uncertainty and inconsistency.
Implementation of a new subchapter L removes this uncertainty and
inconsistency by consolidating existing standards and policy into a
single subchapter.
The requirements of the new subchapter L contained in the interim
rule became effective on March 15, 1996. This final rule adopts the
interim rule with a number of changes brought about primarily by the
comments to the interim rule. This final rule applies to new OSVs
contracted for after the effective date of these regulations and to
OSVs that undergo major conversions after the effective date of these
regulations. It also applies to existing OSVs, including pre-1979 OSVs,
if the owners of these OSVs wish.
These regulations contain many changes to previous regulations and
policies governing conventional OSVs, and include first-time
regulations for previously uninspected liftboats. Many of the
requirements in this final rule are similar to corresponding
requirements in subchapters I and T.

Associated Regulatory Projects

Since the publication of the OSV interim rule, another interim rule
entitled ``Lifesaving Equipment'' was published in the Federal Register
(61 FR 25272; May 20, 1996). The latter interim rule governed
lifesaving systems for OSVs, including liftboats, in 46 CFR part 133.
Part 133 on lifesaving systems, which is part of subchapter L and of
this interim rule, became effective on October 1, 1996. The final rule
on lifesaving equipment should be published in the near future and
should coincide closely with the publication of this final rule.
On February 13, 1990, the Coast Guard published an NPRM entitled
``Stability Design and Operational Regulations'' (55 FR 5120). On
September 11, 1992, it published the final rule (57 FR 41812).
Stability and operational requirements from that rule have been adopted
here in Secs. 131.220 (e), (f), and (g); 131.513; and 131.620(d). Both
final rules incorporate, for inspected vessels, recently adopted

[[Page 49309]]

amendments to the International Convention for the Safety of Life at
Sea, 1974, as amended (SOLAS), and seek to reduce the potential for
vessels to capsize because of defective designs or operations.
On December 18, 1996, the Coast Guard published a final rule
entitled ``Offshore Supply Vessels; Alternative Tonnage'' (61 FR
66613). That rule, which was strictly interpretive, became effective on
December 18, 1996, and established an alternative upper limit on
tonnage for OSVs based on the International Convention Measurement
System. That rule amended the definition of OSV in 46 CFR 125.160, and
this final rule now employs the amended definition.

Discussion of Comments and Changes

The Coast Guard thanks the many interested parties who submitted
comment letters to the public docket. It received 8 letters, containing
330 comments. These comments provided very useful information and
afforded valuable assistance to the completion of this final rule. The
Coast Guard evaluated all comments, and incorporated many of their
recommendations into the final rule.
This section discusses the comments received and the Coast Guard's
response to them. It is divided into two subsections. The first
discusses comments and changes regarding the specific CFR sections, and
the second discusses nonspecific comments concerning issues related to
this rulemaking. This preamble does not discuss non-substantive or
editorial comments.

Comments and Changes Relating to Specific CFR Sections

Comments and changes to each section of the interim rule are
discussed within the following paragraphs, and the paragraphs are
numbered in the order of their appearance in the interim rule.

1. 46 CFR 90.05-20(a)

Two comments suggested that the words ``the keel of which was laid
(or that was at a similar stage of construction)'' should be
substituted for the words ``contracted for'' so that a physical event,
rather than a commercial event, would be available to gauge the
applicability of grandfathering. These comments also pointed out that
many OSV owners construct their own vessels, and that, therefore, a
contract may not exist. Most owners will have a contract for the
construction of their OSVs; hence the wording ``contracted for''
remains. However, wording to the effect of ``the keel of which was
laid'' has been added to fix an alternative date of applicability for
those owners who build their own OSVs.
One comment requested that the reference to 500 gross tons in
Sec. 90.05-20(a) be deleted since, by definition, OSVs are less than
500 gross tons. Lower limits on tonnage are necessary in this section,
however, because only existing OSVs of 100 gross tons or more and less
than 500 gross tons are inspected under subchapter I--not OSVs between
15 and 100 gross tons.
One comment suggested that the wording in Sec. 90.05-20(a) be
clarified since it implied that no OSV would be grandfathered
regardless of the build date. The Coast Guard agrees, and has revised
this section to distinguish between the rules that apply to existing
OSVs and those that apply to new OSVs.

2. 46 CFR 90.10-40

The definition of ``Offshore supply vessel'' in Sec. 90.10-40(a)
has been changed to include the amendments of the December 18, 1996
interpretative rule ``Offshore Supply Vessels; Alternate Tonnage'' (61
FR 66613), similar to that in Secs. 125.160 and 175.400. Two comments
suggested adding ``the keel of which was laid'' to Sec. 90.10-40 (b)
and (c). The Coast Guard agrees, and has made this change. One comment
expressed confusion as to whether or how subchapter L would be applied
to existing OSVs and liftboats when undergoing modifications. The Coast
Guard agrees that the rules do not adequately address modifications to
existing vessels. Consequently, the definition of a new OSV in
Sec. 90.10-40(c) has been revised to include a vessel that undergoes a
major conversion after March 15, 1996. The definition of a ``major
conversion'', which appears in 46 U.S.C. 2101(14a), has been added to
Sec. 125.160. If the modification to the vessel constitutes a major
conversion, then the entire vessel must be reviewed and inspected as a
new vessel.

3. 46 CFR 98.31- 5, 10 and 15

Two comments pointed out that subpart 98.31 should still apply to
existing OSVs and should be reinstated. The Coast Guard agrees and has
reinstated subpart 98.31, but has revised the applicability in
Sec. 98.31-5 to apply only to existing vessels.

4. 46 CFR 125.100

One comment requested clarification on the scope of major
conversions. The Coast Guard's internal guidance for determining what
amounts to a major conversion appears in NVIC 10-81, chapter 1. The
comment also recommended that, in the case of an existing vessel that
undergoes a major conversion, subchapter L should apply only to the
sections of the OSV that are altered. The Coast Guard disagrees and
states that if a modification constitutes a major conversion, then the
complete vessel must be reviewed and inspected as a new vessel.
Sections 125.100 (a) and (b) have been revised to include such
wording as ``the keel of which was laid,'' similar to that added in
Sec. 90.05-20(a). A new paragraph (e) has also been added to clarify
the term ``vessel that was contracted for''; it is similar to
Sec. 90.05-5 of this chapter pertaining to cargo or miscellaneous
vessels.

5. 46 CFR 125.110

Three comments indicated that Sec. 125.110 did not address the
carriage of Grade-C flammable liquids in integral tanks. The carriage
of Grade-C flammable liquids is allowed on a case-by-case basis with
approval of the Commandant (G-MSE) under Sec. 125.110(a).

6. 46 CFR 125.110(b) (1) and (2)

Two comments suggested the removal of the 20 percent deadweight
restriction on the carriage of Grade-D and Grade-E combustible liquids
in integral tanks because it imposes an unnecessary disadvantage on
U.S.-flagged OSVs compared to foreign-flagged OSVs, which are governed
by International Maritime Organization (IMO) Resolution A.673(16),
Guidelines for the Transport and Handling of Limited Amounts of
Hazardous and Noxious Liquid Substances in Bulk on Offshore Supply
Vessels. They pointed out that, under IMO Resolution A.673(16), 40
percent deadweight was permitted. The Coast Guard does permit the
carriage of greater than 20 percent deadweight of Grade-D and Grade-E
combustible liquids in integral tanks on a case-by-case basis with
approval of the Commandant under Sec. 125.110(a).

7. 46 CFR 125.110(c)

Two comments thought that the carriage of liquids of Grade B and
lower in fixed independent tanks on deck should be permitted without
limit. The Coast Guard permits the carriage of greater than 20 percent
deadweight of liquids of Grade B and lower in fixed independent tanks
on deck under Sec. 125.120(a) with the approval of the Commandant (G-
MSE).

[[Page 49310]]

8. 46 CFR 125.120(b)

Two comments thought that the 20-percent deadweight restriction on
the carriage of noxious liquid substances (NLSs) imposed an unnecessary
disadvantage on U.S.-flagged OSVs as against foreign-flagged OSVs,
which are governed by IMO Resolution A.673(16). They pointed out that,
under IMO Resolution A.673(16), 40 percent deadweight was permitted,
and recommended that IMO Resolution A.673(16) be adopted and used as an
appropriate regulation under Sec. 125.120. The Coast Guard does not
agree that the adoption of IMO Resolution A.673(16) is appropriate,
because it is too severe for typical OSVs operating in U.S. waters and
the language of the guidelines is imprecise. The Coast Guard does
permit the carriage of greater than 20 percent deadweight of NLS, with
the approval of the Commandant (G-MSE), under Sec. 125.120(a). The
Coast Guard will also consider certificating vessels built to IMO
Resolution A.673(16), on a case-by-case basis, with the approval of the
Commandant (G-MSE), under Sec. 125.120(a).

9. 46 CFR 125.140

Two comments suggested that, for clarity, the text in Sec. 92.01-5
of this chapter should be substituted for this section. The Coast Guard
has revised this section to make it similar to Sec. 92.01-5.

10. 46 CFR 125.160

Two comments questioned the use of ``Accommodation'' in the
singular. They pointed out that all seven spaces listed in the
definition should count as accommodations. The Coast Guard agrees and
has revised this definition.
Two comments also suggested that ``Quarters'' be replaced by
``Berthing spaces,'' as the latter better describes the use of the
space in question. The Coast Guard recognizes that the term
``quarters'' is a well used and accepted term in the marine industry
and has appropriately defined the term in this section.
Four comments thought that the definition for ``Crane'' was too
broad and might encompass stores cranes, boat davits, and other lifting
appliances. The comments asked that the definition be revised to
exclude material-handling gear for general ship's service. The Coast
Guard agrees, and has revised the definition to exclude such gear.
Two comments concerned the definition of ``Damp or Wet Space.''
This definition has been deleted since it is not used in this final
rule.
Two comments suggested punctuation changes to the definition of
``Offshore Worker.'' The Coast Guard agrees with this suggestion and
has removed the commas after ``master'' and ``crew.''
The definition of ``Offshore supply vessel'' in Sec. 125.160 has
been changed to include the amendments brought about by the December
18, 1996 interpretative rule ``Offshore Supply Vessels; Alternate
Tonnage'' (61 FR 66613).
The Coast Guard has realized that definitions of ``New offshore
supply vessel'', ``Existing offshore supply vessel'', and ``Major
conversion'' should have been included in subchapter L. Consequently,
definitions identical to those in Sec. 90.10-40(b) and (c) have been
included in Sec. 125.160 for ``New offshore supply vessel'' and
``Existing offshore supply vessel''. The definition of ``Major
conversion'' has also been included, which is similar to that in 46
U.S.C. 2101(14a).

11. 46 CFR 125.180

Two comments questioned the incorporation by reference of
classification society rules. They argued that such practice may impose
an undue burden on OSV owners who otherwise would not elect to
``class'' their vessels. The incorporation by reference of
classification society rules does not mean that owners have to class
their vessels. It is a procedure used by Federal agencies to regulate
by reference to material already published and available elsewhere. It
reduces the redundancy and bulk of the Federal Register and the CFR. An
owner may elect not to class an OSV, but must use those rules as
criteria where required by this subchapter.

12. 46 CFR 126.100

Two comments requested that the language in Sec. 126.100 be
replaced by that in Sec. 91.25-50 of subchapter I. They pointed out
that the standard should not be the inspector's determination as to
``suitability for intended service,'' but rather his or her
determination of the ``safety and seaworthiness'' of the vessel. The
Coast Guard agrees that the language in Sec. 91.25-50 is more standard
and suitable, and has changed the language in Sec. 126.100 to be
similar to that in Sec. 91.25-50.

13. 46 CFR 126.110(b)(1)

Two comments requested that the language in Sec. 126.110(b)(1) be
replaced by that in Sec. 91.30-1 of subchapter I. They pointed out that
Sec. 91.30-1 requires only that the survey after an accident ensure
that repairs or renewals are effectively made, but does not require the
inspector's determination as to what repairs or renewals must be made.
The Coast Guard agrees and has revised the language in
Sec. 126.110(b)(1) to be similar to that used in Sec. 91.30-1.

14. 46 CFR 126.120(a)

Two comments requested that the language in Sec. 126.120(a) be
replaced by that in Sec. 91.05-1 of subchapter I. The comments pointed
out that a Certificate of Inspection (COI) not complied with is not the
same as one ``that is about to expire or has expired.'' The Coast Guard
agrees that, for consistency, the language in the subchapters should be
similar, and has revised the language in Sec. 126.120(a) to be similar
to that used in Sec. 91.05-1.

15. 46 CFR 126.140(a)

Two comments recommended that Sec. 126.140 allow the cognizant
Officer in Charge, Marine Inspection (OCMI) to accept an ``Under-Water
Inspection in Lieu of Drydocking'' (UWILD) for the intermediate
drydocking. The Coast Guard accepts UWILDs in certain situations and by
special approval of the Commandant (G-MSE), such as for mobile offshore
drilling units (MODUs) under 46 CFR 107.265 and 107.267. This
acceptance has been granted primarily because these vessels are so
large that few drydocks are available to accommodate them. OSVs,
including liftboats, are not so large as to present a problem for
normal drydocking. Consequently, the recommendation has not been
adopted.

16. 46 CFR 126.140(b)

Two comments pointed out that the requirement in Sec. 126.140(b),
to notify the cognizant OCMI when the OSV is drydocked for any reason,
may be burdensome for the owner as well as the cognizant OCMI. They
said that crewboats under 100 gross tons change out propellers 24 hours
a day and that the cognizant OCMI or his representative may not always
be available. This requirement is similar to that in 46 CFR 176.600(f)
for subchapter T. If there is propeller damage, there may be other
underwater damage; the cognizant OCMI, therefore, needs to be appraised
of the extent of any damage.

17. 46 CFR 126.150

Two comments suggested that Sec. 126.150(c) should be revised to
allow repair work or alterations to begin upon oral approval of the
cognizant OCMI, prior to the submission of approved drawings. It is a
misunderstanding that repair work or alterations are permitted under
subchapter I without advance approval of a cognizant OCMI under
Sec. 91.45-1(b). One comment added that often, in order to get a repair
completed

[[Page 49311]]

in a timely fashion, work must start before a drawing can be completed
or approved. The Coast Guard disagrees. The clear intent of Sec. 91.45-
1(b) is that drawings of alterations should be approved before work is
started, and that drawings will not be needed if deemed unnecessary by
the cognizant OCMI. Approval of drawings before work begins is of
paramount importance, because any work done that does not match the
approved drawings may have to be redone, with added expense and delay
in the vessel's return to service. The Coast Guard encounters many
instances of owners proceeding with non-emergency repairs or
alterations before they obtain the approval of the cognizant OCMI and
incurring rework and added expense. This paragraph remains unchanged
apart from a sentence to give the OCMI the flexibility to determine
whether drawings may not be necessary.

18. 46 CFR 126.160(c)(1)

Two comments urged that the second sentence of Sec. 126.160(c)(1)
be revised to exclude the phrase ``upon the recommendation of the
contractor and the owner or operator of the OSV.'' The Coast Guard
disagrees. The parties involved with the work being performed (the
contractor, owner, or operator) must be comfortable with the person
used in place of the certified marine chemist and, therefore, allowed
some say in who is selected as a replacement.

19. 46 CFR 126.170

Three comments pointed out that Sec. 126.170 imposes limits on the
number of offshore workers permitted on liftboats. They explained that
frequently liftboats are used as work platforms for construction and
maintenance operations, and must be able to provide unspecified
accommodations for industrial personnel when liftboats are in the
elevated mode. The Coast Guard does not agree that liftboats that are
certificated under this subchapter and that are in the elevated mode
should be permitted to accommodate an unspecified number of offshore
workers. In either the elevated or afloat mode, the total number of
offshore workers accommodated cannot be greater than 36 as permitted
under Sec. 174.205. The fact that the vessel is in the elevated mode is
not a valid argument for providing accommodations for a larger number
of persons. Since, in the event of a storm, the liftboat may have to
leave the site quickly and move to a harbor of safe refuge, the loading
and stability of the vessel in the elevated mode must always be such
that the vessel will meet the afloat-stability criteria. Changing of
the elevated loading condition to meet the afloat stability criteria is
not permitted, as a storm may develop quickly leaving no time for a
change of loading.
However, if the permanent accommodation stated on the COI is less
than 36, the cognizant OCMI may, on a case-by-case basis, permit the
use of additional temporary quarters for offshore workers up to a total
of 36 (not counting the crew quarters), in order to augment the
permanent accommodation, provided the vessel is designed to meet the
damaged stability requirements for more than 16 persons in
Sec. 174.205. The cognizant OCMI will make the judgment on the number
of additional temporary quarters permitted, taking into consideration
such things as the need for extra lifesaving equipment and the effects
on stability of the added quarters. If a liftboat is intended to carry
more than 36 offshore workers, the vessel cannot be certificated under
subchapter L, and must be certificated and meet the rules of an
appropriate vessel class under this chapter.
Two comments suggested that Sec. 126.170(a) should permit the
cognizant OCMI to raise the maximum number of offshore workers, given a
vessel's compliance with other regulatory criteria, such as lifesaving
equipment and stability. Subchapter L already permits the carriage of
up to 36 offshore workers if a vessel meets more stringent damaged
stability criteria. For Subchapter L to permit the carriage of even
more offshore workers, other than in an emergency, would present a risk
unacceptable to the Coast Guard, because subchapter L is less stringent
than prior regulations in other respects. For example, new subchapter L
allows the carriage of unlimited amounts of fuel for transfer to the
platforms.

20. 46 CFR 126.170(a)

Two comments suggested that crewboats should be permitted to carry
as many as 100 offshore workers, provided the boats meet the additional
requirements of Sec. 171.080(d)(3), and still be considered OSVs. The
Coast Guard does not agree with this suggestion. Vessels carrying more
than 36 offshore workers cannot be certificated under subchapter L,
because, under Sec. 126.170(a), an OSV is restricted to the carriage of
no more than 36 offshore workers. Consequently, crewboats carrying 36
or more offshore workers may not be certificated under subchapter L,
but must be certificated as small passenger vessels under subchapter T
or K.

21. 46 CFR 126.230(b)

Two comments asked whether a vessel converted from another service
(such as a freight vessel converted to an OSV) would require inspection
under subchapter L. They recommended that an existing vessel,
constructed prior to March 15, 1996, but subject to a ``change of
service'' modification or alteration, be permitted to retain its status
as an existing vessel within the scope of subchapter I or T. The Coast
Guard agrees in part with this recommendation. If an existing vessel
was converted or subject to a ``change of service,'' such as from
freight vessel to OSV prior to March 15, 1996, it does not have to
comply with subchapter L. Rather, it would have to, at the owner's
discretion, comply with either the regulations in effect at that time
(subchapter I or T), or the new subchapter L. If a vessel changes from
another service to OSV or undergoes a major conversion on or after
March 15, 1996, it must be reviewed and inspected as a new OSV under
subchapter L. Major conversion and major or minor alteration are
discussed in 46 CFR 90.10-40 (b) and (c), and 46 CFR 125.100. For
clarity, Sec. 126.230(b) substitutes ``undergoing a major conversion''
for ``being * * * converted.''

22. 46 CFR 126.350(b)(2)

One comment requested clarification regarding the manual test
required on hydraulic steering systems in Sec. 126.350(b)(2). The
comment pointed out that many OSVs of less than 100 gross tons do not
have the capability for manual operation and asked if the intention of
the Coast Guard was to require a design change. Some servo-type power
hydraulic steering systems have a manual operation that can meet the
requirement in Sec. 130.140(b)(15) or serve as the auxiliary means of
steering. The wording in Sec. 126.350(b)(2) has been revised to clarify
that this test is required only if the system is fitted for manual
operation.

23. 46 CFR 126.350(b)(3)

Two comments pointed out that subpart 94.35 did not address rescue
boats and that Sec. 126.350(b)(3) should not refer to rescue boats. On
May 20, 1996, the Coast Guard published an interim rule entitled
``Lifesaving Equipment'' (61 FR 25272) that removed 46 CFR part 94 in
its entirety, and placed tests and inspections of lifesaving equipment
into part 133 (Lifesaving Systems) of subchapter L. At present, the
initial inspection of lifesaving appliances, including rescue

[[Page 49312]]

boats, is addressed in Sec. 133.45(a) and Sec. 126.350(b)(3) has been
removed.

24. 46 CFR 126.430

Two comments requested that the wording in the first paragraph of
Sec. 126.430 concerning ``fit for its intended use'' be changed to be
similar to that in Sec. 126.100. The Coast Guard agrees and has made
this change.

25. 46 CFR 126.530(a)

Three comments argued that Sec. 126.530 should not exclude
liftboats from the alternative midperiod examination provisions
permitted for conventional hull form OSVs of less than 400 gross tons.
One comment also recommended that OSVs of 400 gross tons or more be
included in the alternative midperiod examination provision.
On January 25, 1990, the Coast Guard published alternative
provisions for reinspection of OSVs of less than 400 gross tons in
foreign ports (55 FR 2522). These provisions were subsequently
incorporated into the interim rule for OSVs and are now incorporated
into this final rule as Sec. 126.530. The Coast Guard initially
excluded liftboats from the alternative midperiod examination
provisions based on their casualty record, which was significantly
worse than conventional hull form OSVs. In addition, the Coast Guard
needed to gain experience with liftboat inspections, and was not aware
of any U.S.-flag liftboats presently working overseas. However, a re-
evaluation of the casualty record of liftboats from 1990 to 1995 has
concluded that the casualty record for liftboats is about equal to that
of conventional hull form OSVs. Consequently, the Coast Guard has
decided that liftboats should be given the same opportunity for
alternative midperiod inspection as conventional OSVs, and has deleted
the words ``except a liftboat'' from Sec. 126.530(a) to allow liftboats
to participate in the alternative provisions for reinspection of OSVs
of less than 400 gross tons in foreign ports.
Because the Coast Guard does not have the statutory authority to
delegate authority over certificates under the International Oil
Pollution Prevention (IOPP) to third parties, OSVs of 400 gross tons or
more can not be included in the alternative midperiod inspection.

26. 46 CFR 127.110

The Coast Guard has found it unnecessary for certain plans to be
submitted for approval under Sec. 127.110 (a) and (b). Consequently,
paragraphs (a)(4) and (b)(3) through (b)(6) of Sec. 127.110 have been
deleted. There is no added value for Marine Safety Center or OCMI plan
review of these plans, as they can be handled during initial inspection
by the Coast Guard marine inspector. Section 127.110(a)(1) has been
changed to indicate that specifications are to be submitted for
information only as the Coast Guard does not approve specifications.
Section 127.110(a)(3) has been changed to indicate that the safety plan
(fire-control plan) is to be submitted for OCMI review and approval.
This plan is not technical in nature and basically requires the marine
inspector to verify that the firefighting equipment on the vessel is as
depicted on the plan, and meets the Coast Guard regulations.

27. 46 CFR 127.210(a)

Two comments suggested that the phrase ``equivalent to those'' be
inserted in the first sentence between ``rules'' and ``established.''
The Coast Guard does not agree, because Sec. 127.210(b) already permits
the use of an approved alternative classification society, or any other
established standard.

28. 46 CFR 127.220(d)

Two comments said that the A-60 class construction for bulkheads
and decks required in Sec. 127.220(d) would impose an undue economic
burden on aluminum crewboats. The comments recommended adding a
paragraph to allow aluminum crewboats to meet the requirements of
subchapter T. Crewboats do not have to meet the requirements of
subchapter L: They may be certificated under subchapter T or K.
Therefore, this section is unchanged.

29. 46 CFR 127.240(a)

Four comments pointed out that the two means of escape required by
Sec. 127.240(a) would require all sizes of compartments, including
small closets and deck lockers, to have two means of escape. The
comments recommended that spaces with an area of 46.5 square meters
(500 square feet) or less require only one means of escape. The Coast
Guard agrees that a restriction on the size of a compartment requiring
two means of escape is needed. A new section, Sec. 127.240(l), has been
added to allow one means of escape from spaces with a maximum area and
greatest dimension of less than 28 square meters (300 square feet) and
6 meters (20 feet), respectively. The 28 square meter (300 square feet)
area restriction is similar to that in Sec. 92.10-35 of subchapter I.
However, the Coast Guard has determined that whether a space should
require two means of escape should depend on dimensions as well as on
area. Therefore, it prohibits long narrow spaces without two means of
escape, irrespective of their areas. Accordingly, the 6 meter (20 feet)
restriction on the maximum dimension was also included in new
Sec. 127.240(l).
Three comments urged that windows and portholes should be permitted
to serve as secondary means of escape. The Coast Guard disagrees. The
crew and offshore workers may be wearing immersion suits, making escape
through windows and portholes awkward if not impossible. However, the
Coast Guard has added Sec. 127.240(m) to allow the cognizant OCMI the
latitude to accept other means of escape if the level of safety is not
diminished.

30. 46 CFR 127.240(h)

One comment requested a minimum dimension be provided for the width
of the passageways or stairways in Sec. 127.240(h), similar to that
provided in subchapter I. The Coast Guard is moving away from
prescriptive regulations towards a goal-oriented approach. Goal-
oriented requirements allow the designer to satisfy a safety goal in
different ways as technology changes. The safety of the vessel is the
responsibility of the owner and cannot always be described by
prescriptive regulations. The Coast Guard has articulated a goal
relative to the width, but the final width must be determined by the
designer and owner. However, paragraph (i) requires interior stairways,
other than those in machinery or cargo spaces, to be not less than 28
inches wide.

31. 46 CFR 127.240(k)

Four comments suggested that vertical ladders be permitted as
access to the pilot house because, on small OSVs (less than 100 gross
tons), inclined ladders were virtually impossible to use due to space
limitations. The Coast Guard agrees that vertical ladders should be
permitted as access to the pilot house and to other house tops not
normally manned and used only as weather protection and has revised
Sec. 127.240(k) to reflect this change.

32. 46 CFR 127.270(a)

Two comments requested that ``quarters'' be replaced by ``berthing
spaces,'' similar to the suggestion in Sec. 125.160. The Coast Guard
does not agree, for the reasons set forth in response to the comments
on Sec. 125.160.

33. 46 CFR 127.270(c) (2) & (3)

Three comments were confused by the description of the location of
the vertical ladders in Secs. 127.270(c)(2) and 127.270(c)(3). This
confusion is understandable since language from the

[[Page 49313]]

NPRM was excluded from the interim rule. In any case, the Coast Guard
has decided to drop the requirements in Secs. 127.270(c)(2) and
127.270(c)(3) of the interim rule. These requirements were added after
the ANPRM, and endeavored to link damaged stability with means of
escape from damaged compartments. The Coast Guard has decided to drop
any criteria linking damaged stability with providing means of escape
from a damaged flooding compartment. A new Sec. 127.270(c)(2) has been
added that is similar to that in the ANPRM, and in Sec. 92.20-10(a) of
subchapter I. This permits an exception to Sec. 127.270(b), provided
that the damaged stability requirements in Sec. 174.205 are met and
that the deck head is not below the deepest load waterline.

34. 46 CFR 127.270(e)

Two comments stated that the wording of Sec. 127.270(e) implies
that accommodations for crew and offshore workers are to be separated.
The comments suggested deleting the words ``for crew members or
offshore workers.'' The Coast Guard did not intend to imply that the
accommodations of crew and offshore workers should be separated and has
revised this paragraph to adopt the recommendation.

35. 46 CFR 127.270(f)

Two comments stated that Sec. 127.270(f) should permit access
openings to fuel tanks. The comments pointed out that access to fuel
tanks is needed during drydock and hull survey, and that access to
double bottom fuel tanks located under accommodations may not be
practicable any place other than in the accommodations. The comments
recommended deleting the words ``access openings'' from this paragraph.
The Coast Guard agrees in part, and has revised this paragraph to
permit access openings to fuel tanks in accommodations, except in
sleeping quarters. Manholes to fuel tanks in sleeping quarters would be
disruptive to the crew and could potentially expose them to noxious
fumes. A new paragraph banning access openings in sleeping quarters has
been added as Sec. 127.270(g). The material in the original
Sec. 127.270(g), as stated in the interim rule, has been redesignated
as Sec. 127.270(h).

36. 46 CFR 127.270(g)

Four comments argued that Sec. 127.270(g), which requires separate
accommodations for crew and offshore workers, is impracticable and
unnecessary. The Coast Guard agrees in part. Accommodations for crew
and offshore workers may be shared except for sleeping quarters. If the
crew and offshore workers shared sleeping quarters, the crew's normal
sleeping patterns could be interrupted by the offshore workers. Section
127.270(g), redesignated as Sec. 127.270(h), has been revised to
require that only the quarters of the crew and the offshore workers be
separated.

37. 46 CFR 127.280(a)(1)

Two comments stated that there is no practical reason to limit the
number of berths in a stateroom to four. The Coast Guard disagrees.
Limiting the number of crew in a stateroom to four, limits the amount
of sleep disruptions.

38. 46 CFR 127.280(b)(1)

Two comments suggested that a seating width criteria should be
included. The Coast Guard agrees and has added a seating width of 400
millimeters (18 inches).
One comment thought that Secs. 127.280(b) (1) and (2) required OSVs
that carry offshore workers aboard for more than 24 hours to provide
both fixed seating and berthing. This is not the case. Berths are
required for offshore workers only when aboard for more than 24 hours.
To accommodate offshore workers on a voyage of less than 24 hours, the
aggregate of available berths and fixed seating may be used to equal
the number aboard.

39. 46 CFR 127.280(d)

One comment thought that Sec. 127.280(d) required ``A'' class
bulkheads between accommodations for the crew members and those of the
offshore workers. To clarify, Sec. 127.280(d) requires ``A'' class
bulkheads only between machinery spaces and accommodations for either
the crew or the offshore workers.

40. 46 CFR 127.280(e)

Two comments asked whether the cognizant OCMI would separately
stipulate the number of offshore workers permitted for a ``less than''
and ``over'' 24-hour voyage. The cognizant OCMI will stipulate on the
COI the number of offshore workers permitted to be carried for both the
``less than 24 hours'' voyage and the ``over 24 hours'' voyage.

41. 46 CFR 127.420

One comment stated that the requirements for window and portlight
strength were vague and should be removed and addressed later in an
NVIC. The Coast Guard disagrees. Section 127.420 is a non-prescriptive
regulation allowing the designer discretion to vary conditions and
routes of the vessel.

42. 46 CFR 127.440

Four comments objected to the requirement that covers over windows
and portlights be able to be removed or opened from the inside. They
suggested that this section be removed, or at least revised to apply
only to those windows or portlights designated as means of escape. The
Coast Guard agrees in part. This section was added in the interim rule
based on comments and recommendations by the National Transportation
Safety Board (NTSB), which cited the case concerning the capsizing and
sinking of the liftboat M/V TITAN on June 29, 1989. The vessel capsized
to starboard in less than 1 minute and trapped four persons inside.
They were not able to escape because their only means of escape, galley
and mess room windows, were covered with protective metal plates
secured from the outside. They were able to break the glass of the
windows and could have escaped had it not been for the protective
coverings. The Coast Guard agrees with the NTSB recommendation that
these lives might have been saved if the covers could have been removed
from the inside. The Coast Guard has revised this section so that it
does not apply to small windows and portholes through which escape is
not possible anyway, and has added a sentence that assumes that the
glass in fixed windows can be broken, giving access to the outside.

43. 46 CFR 128.130(a)(9)

Section 128.130(a)(9) has been revised to clarify that only ship's
service and emergency electrical-generation systems and their
auxiliaries vital to the vessel's survivability and safety, constitute
vital systems. Ship service and emergency systems, not vital to the
vessel's survivability and safety are not vital systems.

44. 46 CFR 128.220(b)

Two comments pointed out that some OSV builders may opt to use non-
ferrous piping materials, such as copper nickel (Cu-Ni) or glass
reinforced piping (GRP), for salt-water piping systems. They
recommended that the words ``and if ferrous'' be added after
``material'' in the first sentence to clarify that the requirement for
galvanization applies to ferrous piping material. The Coast Guard
agrees and has made this change.

45. 46 CFR 128.240(b)

Two comments stated that acceptance by the Coast Guard of non-
standard hydraulic or pneumatic components

[[Page 49314]]

would raise concerns regarding legal exposure and may increase the cost
of constructing an OSV. The Coast Guard does not agree. This
requirement permits the use of non-standard hydraulic or pneumatic
components only as an alternative; components complying with subchapter
F (Marine Engineering) will be accepted. The Coast Guard is endeavoring
to cooperate with industry to accept non-Coast Guard approved
components, provided they meet an equivalent standard of safety.

46. 46 CFR 128.410

Two comments requested that ``self-contained'' be defined so as to
eliminate confusion between the owner or builder and the cognizant
OCMI. This requirement is meant to apply only to an air-conditioning or
refrigeration unit designed and built as a single, self-contained unit.

47. 46 CFR 128.420(d)

Two comments requested that non-metallic flexible connections be
permitted to serve as connections at the end of the non-metallic
flexible hose used for keel-cooler connections to machinery, rather
than metallic hose clamps. The Coast Guard agrees to the use of non-
metallic hose-clamps but not to that of flexible connections, provided
they can withstand vibration and high temperatures and do not become
brittle. This section is modified to allow the use of non-metallic hose
clamps, and a new paragraph (4) is added to address vibration, high
temperature, and brittleness.

48. 46 CFR 129.320(a)

Section 129.320(a) has been revised to exempt submersible pump
motors from its requirements.

49. 46 CFR 129.330

One comment pointed out that the American Bureau of Shipping (ABS)
rules and the Coast Guard regulations in Sec. 111.30-1 require 915
millimeters (36 inches) of working space in front of switchboards, but
the interim rule required only 610 millimeters (24 inches). The Coast
Guard based the 610-millimeter dimension on the fact that OSVs are
smaller than cargo vessels and are more limited in space. Also, the
switchboards are not as large as on cargo vessels. The 24-inch
dimension is a minimum dimension, and does not prevent the designer
from leaving more working space if needed. The Coast Guard's new
interim rule for small passenger vessels (subchapters T and K) also
requires only 610 millimeters (24 inches) of working space in front of
switchboards. As previously stated, the Coast Guard is endeavoring to
attain uniformity between these two rulemakings in areas where uniform
treatment is warranted; thus, the 24-inch dimension remains unchanged.
The Coast Guard has revised the inaccessible restriction in this
paragraph for clarity and to make it the same as the new subchapter T
and K regulations.

50. 46 CFR 129.350(b)

Two comments expressed concern that this paragraph could be
interpreted to mean that batteries must be located at the highest level
of the vessel, and suggested that a specific distance above the bilge,
460 millimeters (18 inches), be used as an acceptable height. The
intent of the regulation was to require that batteries be located as
high above the bilge as possible. Additional wording has been added to
the paragraph to clarify this.

51. 46 CFR 129.350(g)

One comment asked whether it was the intent of this regulation to
require fuses for engine-start batteries. This section requires fuses
only on the leads of batteries that distribute power to lighting,
motor, and appliance circuits.

52. 46 CFR 129.390(d)

Two comments requested that this paragraph be modified to allow an
OSV power source and shore power to operate simultaneously to prevent
``blackout'' when transferring power between the OSV's power source and
the shore power. The Coast Guard agrees in part and has revised
Sec. 129.390(d) to permit momentary paralleling of the OSV power and
the shore base power in cases where the system devices have this
capability. However, the Coast Guard supports paragraph (d) as written
for circuit breakers not designed for momentary paralleling, because
prohibiting paralleling of the shore and OSV power sources will prevent
problems due to improper phase sequencing and synchronizing.

53. 46 CFR 129.395

Two comments stated that providing a separate circuit with
overcurrent protection at the switchboard for all radios would add
undue complexity to the main switchboard. They pointed out that most
radio installations are powered by batteries charged from the pilot
house lighting panel circuit. The Coast Guard agrees in part and has
revised this section so that only one radio installation needs to be
powered by an entirely independent feeder circuit with overcurrent
protection.

54. 46 CFR 129.560

Section 129.560 has been changed to reflect that not all OSVs need
to carry an engine-order telegraph, provided the propulsion plant is
controlled only from the wheelhouse.

55. 46 CFR 130.110

Two comments stated that the requirement for a fixed means of
communication between the pilothouse and the auxiliary steering station
for OSVs of less than 100 gross tons was unnecessary. The Coast Guard
does not agree. When the main steering fails and auxiliary steering is
being operated from a location without outside vision, it is imperative
that the auxiliary steering operator be instructed by someone in a
location with complete surrounding vision, such as the pilothouse.

56. 46 CFR 130.120(a)(2)

Two comments stated that Sec. 130.120(a)(2) would impose additional
requirements and would not be practicable for any OSV, let alone one
under 100 gross tons. As stated in the interim rule, each OSV must have
a means, at each propulsion engine, of readily disabling the
propulsion-control system to permit local operation. It is imperative
that engine control be ``locked out'' from the pilothouse and only
local control be permitted when maintenance or adjustments are being
performed to the engine. This is necessary to ensure that inadvertent
operations are not engaged at the pilothouse controls, which might
cause injury when a mechanic is working on the engine. The new interim
rule for small passenger vessels subchapter T, at Sec. 184.620(a)(1),
has a requirement similar to that in Sec. 130.120(a)(1). This paragraph
remains unchanged.

57. 46 CFR 130.120(d)

Two comments suggested that this paragraph be deleted to avoid
unnecessary redundancy. For safety reasons, however, this requirement
is necessary to ensure that a failure in the propulsion control system
will not cause the OSV to accelerate and move forward or aft
uncontrollably into a fixed platform or pier. This paragraph has been
modified. It now only requires the system be designed so that failure
of an easily replaceable component of the propulsion engine will not
cause the engine to overspeed or the pitch of the propeller to
increase. This modification is in line with Coast Guard requirements
for other similar vessels.

58. 46 CFR 130.130

Two comments recommended that the requirements in this section be
replaced

[[Page 49315]]

by the old ones of subpart 182.30 for small passenger vessels. Subpart
182.30 has since been revised, and is now replaced by subpart F of the
new subchapter T. The requirements in Sec. 130.130 are similar to those
in subpart F. Therefore, this section is unchanged.

59. 46 CFR 130.140(b)(9)

Two comments stated that this paragraph did not adequately address
the varied steering system technologies currently in use aboard OSVs.
Because a single rule cannot address all the new technologies being
developed, the Coast Guard will accept any fittings, material, or
equipment, that provide an equivalent level of safety under
Sec. 125.170.

60. 46 CFR 130.140(c)

Two comments suggested modifying Sec. 130.140(c) by replacing the
words ``one set of piping'' with ``a common piping system'', so as to
eliminate the perception that separate piping might be implied for the
pumps, helm, and cylinders. The Coast Guard agrees that this change
would help clarify that a single piping system is acceptable for the
pumps, helm, and cylinders, and has incorporated this change.

61. 46 CFR 130.230

In an effort to facilitate obtaining the required equipment and
reduce the burden on the industry, the Coast Guard is moving toward
accepting readily available equipment which is designed and used for
purposes similar to those for which the Coast Guard has developed
specific requirements. Consequently, the Coast Guard no longer performs
type approval of self-contained breathing apparatus under 46 CFR part
160, subpart 160.011.
Paragraph (a) of Sec. 130.230 has been revised to require each
self-contained breathing apparatus to be approved by the National
Institute for Occupational Safety and Health (NIOSH). This should make
it easier to obtain the required self-contained breathing apparatus.
Paragraph (d) of the interim rule has been deleted, and the old
paragraph (e) changed to the new paragraph (d).
Two comments requested that the Coast Guard permit the self-
contained breathing apparatus (SCBA) that is part of the fireman's
outfit required in part 133 (Lifesaving Systems) to serve as the SCBA
required by this section. A fireman's outfit containing a SCBA is not
required in part 133, but may be fitted as an extra if the owner
wishes. This paragraph has been revised to clarify that a SCBA, if
fitted, may be used to meet the requirements of this section.

62. 46 CFR 130.240

One comment considered the incorporation of ABS Rules for anchors
and chains excessive for domestic service because OSVs operating in the
U.S. Gulf of Mexico are not subject to extreme weather conditions such
as that in the North Sea. The Coast Guard does not agree. Hurricanes
aside, the U.S. Gulf of Mexico can have thunderstorms with 60 to 70
mile per hour (mph) winds making it necessary for OSVs to have proper
mooring equipment for emergencies. ABS Rules pertaining to length are
necessary because OSVs, when moored or anchored close to offshore fixed
platforms, are in dangerous surroundings. For example, storms often
create a high risk for collisions between OSVs and offshore fixed
platforms. OSVs may, however, comply with rules from other
classification societies instead of ABS Rules, upon approval of the
Commandant (G-MSE).
Three comments considered ABS Rules for anchors and chains
excessive and impractical for OSVs of less than 100 gross tons. They
requested that OSVs of 100 or less gross tons be permitted to meet the
anchor and rope requirements of subchapter T. The Coast Guard agrees
that for small vessels of less than 100 gross tons, the ABS
requirements may be excessive and that the requirements of subchapter T
are adequate. Section 130.240 has been revised and applies only to OSVs
of 100 or more gross tons. A new section, Sec. 130.250, has been added
and applies only to OSVs of less than 100 gross tons.

63. 46 CFR 130.410(c)

Two comments considered Sec. 130.410(c) excessive and suggested
that periodic safety tests similar to those in Sec. 61.40-6 be applied
instead. The Coast Guard agrees in part. The responsibility to conduct,
at periodic intervals, tests to confirm that automated systems continue
to operate in a safe, reliable manner is the responsibility of the
master and owner; additional regulations are not necessary. Section
130.410(c) has been deleted, and nothing has been added.

64. 46 CFR 130.460(a)(4)

Two comments suggested that the ``bilge alarm'' requirement of this
paragraph be relocated to a general service alarm section. Section
130.460(a) requires visible and audible alarms to be installed in the
pilothouse. They may be located in other panels, one of which may be a
general service alarm panel, provided it is in the pilothouse.

65. 46 CFR 131.220(g)

Two comments requested that the draft-indicating system required by
Sec. 131.220(g) be deleted because OSVs are not commonly fitted with
such devices. Although OSVs are not generally fitted with draft-
indicating systems, all vessels must be designed so that draft marks
may be read at sea in order to calculate the vessel's displacement and
stability condition in an emergency. If draft marks are obscured,
restricting determination of the draft from the weather deck or another
easily accessible location, then an alternative reliable means of
reading the drafts must be fitted.

66. 46 CFR 131.330

Two comments stated that it may not be practical for the master of
an OSV to personally ``prepare and post'' placards and suggested that
this section be revised to indicate that ``durable emergency
instruction placards shall be posted in conspicuous locations.''
Although it is the master's responsibility to see that the placards are
prepared and posted, it is not necessary that he or she personally
perform the task; he or she may delegate the task to another member of
the crew.

67. 46 CFR Part 131--Operations. Subpart D--Sufficiency and Supervision
of Crew of Survival Craft

Two comments requested that subpart D be deleted in its entirety
and that operational requirements be included in part 133 (Lifesaving
Systems). Although part 133 contains the general and specific
requirements for lifesaving equipment, such as the number and design
criteria of survival craft, it does not address operational
requirements. The Coast Guard contends that the operational
requirements for survival craft are properly located within subpart D.

68. 46 CFR 131.510

Two comments stated that Sec. 131.510 did not seem warranted and
requested that it be removed. The Coast Guard disagrees. It is
important that the drafts be recorded when leaving port because draft
is one of the main parameters of the stability condition required by
Sec. 131.513. It is also important that the position of the loadline
markings with respect to the waterline be recorded to verify that the
vessel is not loaded deeper than the permitted loadline draft.
Additionally, these recordings are necessary for accident
investigations.

69. 46 CFR 131.513

Two comments stated that the requirements of Sec. 131.513 were not

[[Page 49316]]

warranted. Section 131.513 is included because of its similarity to
requirements in Sec. 97.15-7 of subchapter I (Cargo and Miscellaneous
Vessels), Sec. 35.20-7 of subchapter D (Tank Vessels), and Sec. 109.227
of subchapter I-A (Mobile Offshore Drilling Units), all of which were
promulgated by the Coast Guard under a final rule entitled ``Stability
Design and Operational Regulations (57 FR 41812; September 11, 1992).
This final rule amended stability design and operational regulations
for inspected vessels to incorporate recent amendments to the
International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS).

70. 46 CFR 131.530(d)(4)

Two comments stated that the inflation of a liferaft on a 4-month
interval is not practical and suggested instead that a drill for those
liferafts be completed prior to their inspection dates. The Coast Guard
disagrees. It is important that training be performed so crew members
are knowledgeable in the use of davit-launching inflatable liferafts.
The regulation allows a training raft to be used instead of the
vessel's own liferafts and also allows some leeway in when the
inflation and lowering must be done. Training intervals coinciding with
the reinspection of the vessel's liferafts can be used.

71. 46 CFR 131.545(e)

Two comments stated that this paragraph should not require OSVs in
transit to carry 200 percent of lifeboats and rigid liferafts on board
while maintaining or repairing primary lifeboats and liferafts as in
Sec. 94.10-10(a) for vessels of 500 gross tons and over. Rather the
comments suggested that this paragraph require the carriage of 100
percent of lifeboats and rigid liferafts as in Sec. 94.10-10(b) for
vessels of less than 500 gross tons. The Coast Guard agrees and has
changed this paragraph accordingly.

72. 46 CFR 131.580

The Coast Guard has modified Sec. 131.580(a) to allow new
inflatable liferafts and buoyant apparatus to be two years old before
the first servicing is required.
Two comments questioned the requirement in Sec. 131.580(e), that
``each repair, except an emergency repair made aboard an OSV'', must be
made at servicing facilities approved by the Commandant (G-MSE). The
comments stated that routine repairs of inflatable rescue boats made
aboard OSVs by the crew are common industry practice. They should not
be. Repairs and maintenance of rescue craft must be performed by
approved servicing facilities to ensure that qualified personnel,
familiar with the equipment, make the repairs and use the proper
manufacturers' parts.

73. 46 CFR 131.730(b)

Two comments questioned why it was necessary to label each space
containing work vests, as it is common practice aboard OSVs to stow the
work vests either in a common area such as the passageway to the
weather deck or in the staterooms of the individual crew members. The
Coast Guard has reviewed this requirement and decided that it is not
necessary to label each space where work vests are stowed since each
vest must be labeled under Sec. 160.053-5(b); therefore,
Sec. 131.730(b) has been deleted.

74. 46 CFR 131.855

This section has been revised to make it align with Sec. 199.176 of
the Lifesaving Equipment interim rule. The size of the lettering in
paragraphs (a), (b) and (c) has been removed. The requirement to paint
the name of the OSV on the oars and paddles has also been removed.
Paragraph (e) is renamed (d) as old paragraph (d) has been removed.
Paragraph (c)(1) has been revised to require the number of the boat,
rather than the number of persons the boat will hold, to be marked on
the lifeboat and rescue boat.

75. 46 CFR 131.885

Section 131.885 has been removed as portable magazine chests no
longer are required by Coast Guard regulations.

76. 46 CFR 131.935

Two comments stated that the language in Sec. 97.75-1 was
preferable to that in this section. The Coast Guard agrees. It has
reverted to language in Sec. 97.75-1, similar to that used in the NPRM.

77. 46 CFR 131.860

This section, like that of Sec. 131.855, has been revised to make
it align with Sec. 199.176 of the Lifesaving Equipment interim rule.
The size of the lettering in paragraphs (a) and (b) has been removed.
Paragraph (a)(2), concerning the requirements for the number of the
rigid liferaft, has been removed. Paragraph (a)(3) has now been
renumbered (a)(2) since old (a)(2) has been removed. Old paragraph (d),
concerning the requirement to paint the OSV name on the oars and
paddles, has been removed, and a new paragraph (d) added. New paragraph
(d) requires rigid liferafts to be marked to show whether they are
fitted with a ``SOLAS A pack'' or a ``SOLAS B pack''.

78. 46 CFR 131.960

Two comments stated that the language in Sec. 97.16-1 was
preferable to that in this section and questioned the need to redraft
an existing regulation. The Coast Guard agrees. It has reverted to
language in Sec. 97.16-1, similar to that used in the NPRM.
One comment understood Sec. 131.960 to require automatic pilot
controls aboard OSVs. The comment recommended that this section be
revised to read as follows: ``If a vessel is equipped with an automatic
pilot and is operating with the automatic pilot in use, the master
shall ensure * * *.'' To clarify, this section does not require that an
automatic pilot be fitted aboard OSVs; however, if an automatic pilot
is voluntarily fitted, it must comply with this section.

79. 46 CFR 132.120

One comment stated that the requirement for a self-priming, power-
driven fire pump was in excess of requirements contained in subchapter
I, ABS Rules, SOLAS, and International Association of Classification
Societies (IACS) and suggested that it be deleted. Subchapter I vessels
are permitted to carry much less oil (only 20 percent of their
deadweight) than OSVs under subchapter L (unlimited amount). Unlike
tank vessels, OSVs require no special or additional firefighting
equipment. The Coast Guard has determined that self-priming, power-
driven fire pumps are necessary to ensure that primary firefighting
equipment will function in light of the greater risk of fire due to the
greater amount of oil on board OSVs.

80. 46 CFR 132.120(g)

Two comments requested the inclusion of Sec. 95.10-5(f) of
subchapter I, which allows branch piping to be connected to the fire
main for other purposes if ``specifically approved by the Commandant.''
Currently, Sec. 132.120(g) permits branch lines to be connected to the
fire main for the purpose of washing decks or anchors. Since, under
subchapter L, OSVs may now carry both unlimited fuel oil without any
special firefighting equipment and 36 offshore workers in addition to
the crew, it is the Coast Guard's opinion that additional branch
connections to the fire main would increase the probability that the
fire main would not work when needed to fight a fire. This would
introduce an unacceptable risk of death or injury to

[[Page 49317]]

the crew and offshore workers. This paragraph remains unchanged.

81. 46 CFR 132.120(k)

The Coast Guard has added a new paragraph (k) to Sec. 132.120,
which is similar to Sec. 181.300(e) in subchapter T. This new paragraph
requires that a fire pump have the capability to be operated either
from a remote station or locally from the pump itself. This requirement
was inadvertently omitted from the interim rule.

82. 46 CFR 134.140(a)

Several comments pointed out that NVIC 8-91 requires steady wind
speeds of 70 knots for structural design criteria for liftboats while
Sec. 132.140(a) requires steady wind speeds of 100 knots. The comments
pointed out that meeting the 100-knot criteria would result in larger
hulls with heavier legs, thereby, so increasing the cost of a liftboat.
The Coast Guard agrees that a 100 knot criteria for all structural
calculations for liftboats in restricted areas of operations is
excessive. A 70-knot criteria would serve under normal operating
conditions, and a 100-knot criteria would serve under severe storm
conditions. This is in line with the requirements for on-bottom
stability for restricted service in Sec. 174.255(c) and section 3/2.1.2
of ABS Rules.
The comments also pointed out that NVIC 8-91 permits a reduction in
wind speed criteria for leg strength to 50 knots, provided this design
limitation is highlighted in the operating manual. This reduction in
NVIC 8-91 was designed to accommodate existing liftboats. However, it
is inappropriate for new liftboats, because, even ignoring hurricanes,
the Gulf of Mexico can have thunderstorms with 70 mph winds. This
paragraph now allows a 70-knot criteria for liftboats in restricted
areas under normal operating conditions, but requires a 100-knot
criteria under severe storm conditions.

83. 46 CFR 134.140(a)(3)

One comment pointed out that the use of an effective-length factor
(``K'') of not less than 2.0 could be overly conservative, depending on
the complexity of the design. The Coast Guard agrees that if a detailed
structural leg analysis is performed, taking into account all factors
such as hull and sea bed fixity, a ``K'' factor of less than 2.0 may be
used. This paragraph has been revised to allow the use of a ``K''
factor of less than 2.0, provided that both a detailed structural leg
analysis is performed and prior approval has been granted by the
Commandant (G-MSE).

84. 46 CFR 134.170(b)

The Coast Guard added items (15) and (16) to Sec. 134.170(b) since
they were inadvertently omitted from the interim rule. They are not
additional or new requirements as they are required to be produced
elsewhere in the regulations; they are needed for the master's use
while calculating the vessel's stability.

85. 46 CFR 134.180(b)

Two comments pointed out that Sec. 56.60-25(c) restricts the use of
non-metallic hoses to lengths of 760 millimeters (30 inches), which is
insufficient for fire pump suction lines outside the hull when a
liftboat is in the jacked-up mode. The comments requested that this
paragraph be revised to permit the use of non-metallic hoses with
lengths greater than 760 millimeters (30 inches) outside the hull. The
Coast Guard agrees and has revised paragraph (c) to permit the use of
non-metallic hoses outside the hull in unlimited lengths.

86. 46 CFR 174.185(f)

One comment pointed out that this paragraph did not allow the
righting arms of an OSV to be calculated using the fixed trim method
although this method has been used for calculating the righting arms
for OSVs for decades. The NPRM proposed allowing the righting arms
values to be calculated using either the constant trim or the fixed
trim method. This final rule allows the use of the two alternative
methods as proposed in the NPRM, by revising Sec. 174.185(f) and adding
paragraph (g).

87. 46 CFR 174.195

One comment stated that meeting the requirement to keep ventilation
trunks, above the main deck, inboard at least 760 millimeters (30
inches) from the vessel's side would be difficult and expensive. The
comment suggested that this section be revised to allow ventilation
trunks above the main deck to be located outboard of 760 millimeters
(30 inches) from the vessel's side. The Coast Guard acknowledges that
cargo space increases as the trunks are located outboard of 760
millimeters (30 inches); however, the added damaged stability criteria
for OSVs requires a side penetration of 760 millimeters (30 inches)
from baseline upwards without limit. Any trunk outboard of 760
millimeters (30 inches) would, if damaged, cause flooding into the
machinery space. For this reason, all trunks must be inboard of the 760
millimeters (30 inches) line from the vessel's side.

88. 46 CFR 174.200 and 174.205

The Coast Guard received several comments from owners, industry,
and designers concerning the damaged stability requirements in
Secs. 174.200 and 174.205 of the interim rule. It was stated that these
sections are confusing and unclear as to the different requirements
applicable between OSVs carrying 16 or less offshore workers and OSVs
carrying more than 16 offshore workers. Although the Coast Guard agrees
that the layout and presentation of the two sections could be revised
for clarity, it contends that the requirements are sound. The layout
and presentation of the damaged stability requirements has been revised
by applying Sec. 174.200 to all OSVs and applying Sec. 174.205 only to
OSVs carrying more than 16 offshore workers. A new Sec. 174.207,
stating the damaged stability criteria applicable to both sections, has
also been added.

89. 46 CFR 174.200

One comment asked whether it was the intent of the interim rule to
require a damaged stability analysis with the machinery space flooded.
As stated in Sec. 174.205(c) and Table 174.205(b) of the interim rule
(Table 174.207(a) of the final rule), the permissible transverse extent
of damage is 760 millimeters (30 inches). Therefore, if the machinery
space has longitudinal wing bulkheads reaching at least 760 millimeters
(30 inches) inboard from the outside shell, then the analysis need not
consider damage to the complete machinery space, only damage to the
wing spaces need be considered. Bottom damage inboard of these wing
bulkheads is also not required.
A separate comment asked whether it was the intent of the interim
rule to consider damage to a watertight bulkhead within a single
machinery space rather than damage to a watertight bulkhead between two
machinery spaces. To clarify, if a single machinery space has
additional transverse bulkheads within its boundary transverse
bulkheads, such as transverse bulkheads within outside wing spaces,
then consider only the space between these bulkheads to be damaged.
However, the bulkheads must be spaced far enough apart to comply with
the longitudinal extent of damage stated in Table 174.205(b)of the
interim rule (Table 174.207(a) of the final rule). If there are two
machinery spaces with transverse watertight bulkheads spaced farther
apart than the longitudinal extent of damage, then do not consider the
bulkhead between them to be damaged.

[[Page 49318]]

90. 46 CFR 174.205(b)

One comment pointed out that the vertical extent of damage in Table
174.205(b) of the interim rule (Table 174.207(a) of the final rule) was
in excess of IMO Resolution A.469, Guidelines for the Design and
Operations of Offshore Supply Vessels. The comment argued that if ``it
is the goal of this subchapter to eliminate an unwarranted differential
between domestic rules and international standards,'' the criteria for
OSVs carrying over 16 offshore workers should follow the guidelines in
IMO Resolution A.469. Item 4 of the preamble to Resolution A.469,
Guidelines for the Design and Construction of Offshore Supply Vessels,
states ``Provisions for offshore supply vessels carrying more than 12
industrial personnel are not included in these Guidelines.'' Subchapter
L facilitates the carriage of 36, not 12, offshore workers and some of
its criteria may be proportionally more stringent than that in IMO
A.469. Since the IMO guidelines are written for less than 12 industrial
personnel there is no unwarranted differential.

91. 46 CFR 175.400 (46 CFR 175.10-40 of the Interim Rule)

Due to the changes brought about by the interim rule on subchapter
T, the section number has been changed to Sec. 175.400. The definition
of ``Offshore supply vessel (OSV)'' in Sec. 175.400 has been changed to
include the amendments of the December 18, 1996 interpretative rule
``Offshore Supply Vessels; Alternate Tonnage'' (61 FR 66613), similar
to the change in Sec. 125.160. The definitions constituting ``Existing
OSV'' and ``New OSV'' are identical to their counterparts in
Secs. 90.10-40 (b) and (c), and 125.160.

General Comments

Three comments discussed the Coast Guard's intention to use metric
units in this final rule and recommended keeping British units, since
they are customary within the OSV industry. The Coast Guard agrees in
part. The final rule uses the ``soft metric'' conversion, in which the
metric values appear first followed by the British system equivalent.
Many comments requested the inclusion of crew boats within
subchapter L, and suggested requirements for crew boats different from
those for OSVs. During the development of subchapter L, the Coast Guard
received comments requesting the increase of the maximum number of
offshore workers that an OSV may carry from 16 to 36. This final rule
permits an OSV to carry 36 offshore workers in addition to the crew,
provided additional damaged stability requirements are met. Previously,
under 46 U.S.C. sections 2101 (22) and (35), an OSV could not be a
passenger-carrying vessel, but because it was necessary for OSVs to
carry 36 offshore workers, Congress changed the definition of
``passenger'' so as not to include offshore workers. The Passenger
Vessel Safety Act of 1993 contains the new definition. However, OSVs
may not carry ``passengers'' or more than 36 offshore workers. Crew
boats carrying either ``passengers'' or more than 36 offshore workers
will not be certificated as OSVs; and therefore, must be certificated
as small passenger vessels under subchapters T or K.
As addressed under ``Associated Regulatory Projects'', the Coast
Guard published, on December 18, 1996, an interpretative rule entitled
``Offshore Supply Vessels; Alternate Tonnage''. This rule established
the use of a tonnage system under 46 U.S.C. 14302 based on the
International Convention on Tonnage Measurement (convention
measurement) as an alternative to the national tonnage system under 46
U.S.C. 14502 (regulatory measurement). However, in order to expedite
the rulemaking, the Coast Guard established only an alternate tonnage
for the maximum size OSV of 6,000 gross tons. The Coast Guard is
considering a supplemental rulemaking to establish intermediate tonnage
thresholds, and additional standards for the potentially larger OSVs.

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. Copies of the material are available from the sources
listed in that section.

Metric (SI) Conversion

This final rule has been revised to include metric units using the
International System of Units (SI), with the exception of nautical
miles and knots. The metric value is immediately followed, in
parenthesis, by the British value, throughout the rule.

Assessment

This final rule is a significant regulatory action under section
3(f) of Executive Order 12866 and has been reviewed by the Office of
Management and Budget under that Order. It requires an assessment of
potential costs and benefits under section 6(a)(3) of that Order. It is
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11040, February 26, 1979). An
Assessment is available in the docket for inspection and copying
ADDRESSES. A summary of the Assessment follows.
As of April 1996, according to the U.S. Coast Guard Marine Safety
Management System (MSMS) databases, there were 584 OSVs certificated,
407 of which were of 100 or more gross tons. In evaluating the effect
of this final rule, the Coast Guard considered all costs and benefits
of this final rule in present value dollars.
The direct monetary benefits determined for this rule have been
based upon the dollar values from casualty reports associated with
causal factors for OSV (including liftboat) casualties occurring from
1985 to 1995, combined with the costs saved on requirements that have
been relaxed in the regulation. This final rule will eliminate
requirements that create an unwarranted differential between domestic
rules and international standards.
The regulatory changes made by this final rule will reduce the
burden of compliance and therefore the cost of this rulemaking. Because
the cost reductions are not considered significant, these were not
included in the regulatory evaluation addendum adopted as final.
For conventional OSVs and liftboats, the Coast Guard estimates that
the 11-year undiscounted costs attributable to compliance with this
rule will total $91,281,190. The 11-year present-value costs,
discounted at 7 percent, will total $62,226,174. Annually, the one-time
costs for newly-built conventional OSVs of less than 100 gross tons are
estimated at $760,320, based on 16 newly-built OSVs per year. For each
OSV of less than 100 gross tons, the additional cost to comply with
subchapter L requirements is estimated at $47,520. Annually, the one-
time costs for newly-built conventional OSVs of more than 100 gross
tons are estimated at $3,137,970, based on 37 newly-built OSVs per
year. For each OSV of more than 100 gross tons, the additional cost to
comply with subchapter L therefore the cost of this rulemaking. Because
the cost reductions are not considered requirements is estimated at
$84,810.
Requirements for liftboats associated with this final rule include
the following:
1. Submittal of plans to the Coast Guard.
2. Preparation and submittal of a comprehensive operating manual to
the Coast Guard.

[[Page 49319]]

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.
6. Compliance with engineering costs associated with leg design.
7. Compliance with engineering costs associated with intact and
damaged stability.
Annually, the one-time costs for newly-built liftboats of less than
100 gross tons are estimated at $1,430,000, based on 13 newly-built
liftboats per year. For each liftboat of less than 100 gross tons, the
additional cost to comply with subchapter L requirements is estimated
at $110,000. Annually, the one-time costs for newly-built liftboats of
100 or more gross tons are estimated at $2,970,000, based on 9 newly-
built liftboats per year. For each liftboat of 100 or more gross tons,
the additional cost to comply with subchapter L requirements is
estimated at $330,000.
New liftboats would enjoy some benefits due to the acceptance of
comments to the interim rule, such as the allowance of 70-knot wind
criteria in the calculation of stability, and accepting smaller anchors
and chains for vessels of 100 gross tons and less. These cost
reductions have not been included in the regulatory assessment, as they
are minor and in some cases unquantifiable.
It should be noted that the benefit estimates in this evaluation
reflect certain simplifying assumptions that could be relaxed to
provide more refined estimates. The subchapter L damage estimates
(Appendix IV) reflect actual dollar values (1985-95) in the year of
occurrence. They have not been inflated to reflect current (1997)
dollar values. In addition, the aggregate benefit estimates implicitly
assume the regulation would be 100 percent effective in reducing
damages, deaths, and injuries of the kind that were incurred during
1985-95. Changes in these two assumptions would tend to raise and
lower, respectively, the benefit estimates in this document.
It should also be noted that even if the rules were only 75 percent
effective in reducing or eliminating the casualties of the type
incurred during 1985-95, the rule would be cost-beneficial in that
present value benefits would exceed present value costs.
The benefits, comprised of net cost savings attributable to the
final rule combined with dollar values from casualties related to
causal factors of OSVs and liftboats will total $144,818,410. The 11-
year present value of the benefits will total $98,722,372. This figure
reflects a 7-percent discount to 1996 of the projected future estimated
benefits of this final rule.
The cost-benefit ratio attributable to the final rule is
$62,226,174 of costs and $98,722,372 of benefits, which equates to
$1.59 of benefits for each dollar of cost.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000. No
comments submitted to the public docket addressed small entities.
Whenever possible, requirements have been adjusted to the size of
the vessel and, in some cases, a relaxation of requirements for smaller
vessels (less than 100 gross tons) has been offered. Due to the
flexibility of requirements in these rules and the reduction of
regulatory burden, small entities involved in the building or ownership
of OSVs should not be adversely affected by these rules and may
experience increases in business opportunities.
Independent ownership of OSVs, by approximately 70 corporate
persons, accounts for about 14 percent of existing conventional OSVs.
The Coast Guard does not anticipate individual ownership of more than
20 new conventional OSVs. This figure comes from the assumption that
those 20 will likewise account for about 14 percent of the anticipated
140 new conventional OSVs built within the next 3 years. Marginal, one-
time, out-of-pocket expense for initial construction will not exceed
2.5 percent, as previously discussed, even if operational improvements
in safety or flexibility are not realized.
Individual ownership of liftboats, by five corporate persons,
accounts for about 2 percent of existing liftboats. The Coast Guard
does not anticipate the individual ownership of more than one new
liftboat. This figure comes from the assumption that they would
likewise account for about 2 percent of the anticipated new liftboats
built within the next 11 years. Marginal, one-time, out-of-pocket
expense for initial construction will not exceed 10 percent even if
operational improvements in safety or flexibility are not realized.
The Coast Guard anticipates that the additional expenses for
initial construction would not exceed 2.5 percent, even if the
operational flexibility or safety improvements for this regulation were
not implemented. In the case of liftboats, the additional construction
costs would be approximately 5 percent of the estimated initial
construction cost for newbuilts. There are no recurring costs to
liftboat operators based upon these regulations. Therefore, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this final rule will not have a significant
economic impact on a number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
will provide assistance to small entities to determine how this
proposed rule applies to them. If you are a small business and need
assistance understanding the provisions of the proposed rule, please
contact Mr. James M. Magill, Vessel and Facility Operating Standards
Division (G-MSO-2), U.S. Coast Guard Headquarters, 2100 Second Street,
SW., Washington, DC 20593-0001, (202) 267-1082.

Collection of Information

This final rule contains collection-of-information requirements.
The Coast Guard has submitted the requirements to the Office of
Management and Budget (OMB) for review under section 3504(h) of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved
them. The section numbers are--

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

[[Page 49320]]

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
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 corresponding OMB approval number is OMB Control Number 2115-
0592. The Streamlined Inspection Program notice of proposed rulemaking
(CGD 96-055) currently under development will be revising this
information collection to implement technical corrections and to
incorporate new information requirements.

Federalism

The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612, and has determined
that this final rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, the rule is categorically excluded from further
environmental documentation. This final rule is a matter of editorial
and procedural changes and of manning, documentation, admeasurement,
inspection, and equipping of vessels within the meaning of
subparagraphs (a) and (d) of 2.B.2.34(e) of Commandant Instruction
M16475.1B, and clearly has no environmental impact. 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 corresponding
responsible international standards. The Coast Guard has, accordingly,
compared this final rule to corresponding international standards. The
Coast Guard has determined that this final rule does not unnecessarily
establish requirements in excess of international standards.

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, Water pollution control.

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.

[[Page 49321]]

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.

For the reasons set out in the preamble, the Coast Guard adopts the
interim rule amending 46 CFR parts 90, 98, 125, 126, 127, 128, 129,
130, 131, 132, 134, 170, 174, and 175 which was published at 60 FR
57630, Nov. 16, 1995 with the following changes:

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. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

2. Revise Sec. 90.05-20 to read as follows:

Sec. 90.05-20 Applicability to offshore supply vessels.

(a) Existing offshore supply vessels as defined by Sec. 90.10-
40(b), if they are of 100 or more but of less than 500 gross tons, are
subject to inspection under this subchapter. New offshore supply
vessels as defined by Sec. 90.10-40(c), are subject to inspection under
subchapter L of this chapter.
(b) Each offshore supply vessel permitted grandfathering under
paragraph (a) of this section must complete construction and have a
Certificate of Inspection by March 16, 1998.
3. Revise Sec. 90.10-40 to read as follows:

Sec. 90.10-40 Offshore supply vessels.

(a) An offshore supply vessel is a vessel that is propelled by
machinery other than steam, that is of 15 gross tons and less than 500
gross tons (as measured under the Standard, Dual, or Simplified
Measurement System under part 69, subpart C, D, or E, of this chapter)
or is less than 6,000 gross tons (as measured under the Convention
Measurement System under part 69, subpart B, of this chapter) and that
regularly carries goods, supplies or equipment in support of
exploration, exploitation, or production of offshore mineral or energy
resources.
(b) An existing offshore supply vessel is one contracted for, or
the keel of which was laid, before March 15, 1996.
(c) A new offshore supply vessel is one--
(1) That was contracted for, or the keel of which was laid, on or
after March 15, 1996; or
(2) That underwent a major conversion initiated on or after March
15, 1996.

PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK

4.-5. The authority citation for part 98 continues to read as
follows:

Authority: 33 U.S.C. 1903; 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.

6. Add subpart 98.31, consisting of Secs. 98.31-5, 98.31-10, and
98.31-15, to read as follows:

Subpart 98.31--Control of Pollution From NLS Cargoes on Oceangoing
Offshore Supply Vessels

Sec. 98.31-5 Applicability.

This subpart applies to each offshore supply vessel contracted for,
or the keel of which was laid, before March 15, 1996, that is
oceangoing as defined in 33 CFR 151.05(j) and that carries noxious
liquid substances (NLSs) as defined in Sec. 153.2 of this chapter in
bulk, including carriage in portable tanks.

Sec. 98.31-10 Certificate of inspection and NLS certificate
endorsements.

(a) The Coast Guard issues the endorsed Certificate of Inspection
or NLS Certificate required by Sec. 98.31-15 for every vessel under
this subpart to carry NLSs if the vessel--
(1) Has the Cargo Record Book prescribed in Sec. 153.490(a)(1) of
this chapter; and
(2) Unless it discharges no NLS residues as defined in Sec. 153.2
of this chapter to the sea, meets the requirements in Secs. 153.470
through 153.491 of this chapter.
(b) Each vessel under this subpart that does not meet the
requirements in Secs. 153.470 through 153.491 of this chapter must have
a statement on its Certificate of Inspection or NLS Certificate stating
that the vessel is prohibited from discharging NLS residues to the sea.

Sec. 98.31-15 Operating requirements.

No person may operate a vessel that carries a bulk liquid cargo of
NLS unless the vessel--
(a) Has on board a Certificate of Inspection and, if it is a vessel
making a foreign voyage, an NLS Certificate endorsed under Sec. 98.31-
10 with the name of the NLS cargo;
(b) Discharges no NLS residues to the sea unless the vessel meets--
(1) The equipment requirements in Sec. 98.31-10(a)(2); and
(2) The operating requirements prescribed for oceangoing ships
carrying NLSs in Secs. 153.901, 153.903, 153.909, and 153.1100 through
153.1132 of this chapter.
7. Revise parts 125 through 132, and part 134 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 (OSV) of United
States flag contracted for, or the keel of which was laid, on or after
March 15, 1996.
(b) Each OSV contracted for, or the keel of which was laid, 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
beginnings of those regulations.
(e) As used in this subchapter, the term ``vessels contracted for''
refers not only to the contracting for the construction of a vessel,
but also to the contracting for a major alteration to a vessel, the
contracting for the conversion of a vessel to an offshore supply vessel
or liftboat, and the changing of service or route of a vessel if such
changing increases or modifies the general requirements for the vessel
or increases the hazards to which it might be subjected.

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

[[Page 49322]]

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-MSE).
(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 flammable 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 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-MSO).
(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) Each OSV carrying NLSs in bulk in integral tanks or fixed
independent tanks must--
(1) Meet the definition of oceangoing in 33 CFR 151.05;
(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) Each OSV that discharges NLS residues 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 through 179, as applicable.

Sec. 125.140 Loadlines.

For an OSV assigned a loadline, see subchapter E (Load Lines) of
this chapter, for special requirements on strength, loadline markings,
closure of openings, and the like.

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 subchapter unless a different definition is
given in this section. As used by this subchapter--
Accommodations includes spaces such as 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.
Anti-exposure suit means a protective suit designed for use by
rescue boat crews and marine evacuation system parties.
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of subchapter Q of this chapter, the approval series
corresponds to the number of the subpart. A listing of approved
equipment, including all of the approval series, is published
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3
series), available from the Superintendent of Documents.
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 subpart 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. 1.01-05 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 means a revolving, gantry-mounted, or other type of fixed
lifting device used for lifting or moving equipment or supplies. It
does not include material handling equipment used for general ship's
service, such as lifeboat davits, chain falls, come-alongs, or the
like.
Crew means all persons carried on board the OSV to provide
navigation and maintenance of the OSV, its machinery, systems, and
arrangements essential for propulsion and safe navigation or to provide
services for other persons on board.
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.
Embarkation ladder means the ladder provided at survival craft
embarkation stations to permit safe access to survival craft after
launching.
Embarkation station means the place where a survival craft is
boarded.
Existing offshore supply vessel is one contracted for, or the keel
of which was laid, before March 15, 1996.
Flammable liquid means the same as in Sec. 30.10-22 of this
chapter.

[[Page 49323]]

Float-free launching means that method of launching a survival
craft or lifesaving appliance whereby the craft or appliance is
automatically released from a sinking vessel and is ready for use.
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.
Immersion suit means a protective suit that reduces loss of body
heat of a person wearing it in cold water.
Inflatable appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is normally kept uninflated
until ready for use.
Inflated appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is kept inflated and ready
for use at all times.
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.
Launching appliance or launching arrangement means the method or
devices for transferring a survival craft or rescue boat from its
stowed position to the water. For a launching arrangement using a
davit, the term includes the davit, winch, and falls.
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.
Lifejacket means a flotation device approved as a life preserver or
lifejacket.
Liftboat means an OSV with movable legs capable of raising its hull
above the surface of the sea.
Major conversion means a conversion of a vessel that, as determined
by the Commandant--
(1) Substantially changes the dimensions or carrying capacity of
the vessel;
(2) Changes the type of vessel;
(3) Substantially prolongs the life of the vessel; or
(4) Otherwise so changes the vessel that it is essentially a new
vessel.
Marine evacuation system means an appliance designed to rapidly
transfer large numbers of persons from an embarkation station by means
of a passage to a floating platform for subsequent embarkation into
associated survival craft, or directly into associated survival craft.
Marine inspector means any person authorized by the Officer in
Charge, Marine Inspection (OCMI), to perform duties concerning the
inspection, enforcement, and administration of laws for the safety and
navigation of vessels.
Muster station means the place where the crew and offshore workers
assemble before boarding a survival craft.
New offshore supply vessel is one--
(1) Contracted for, or the keel of which was laid, on or after
March 15, 1996; or
(2) Which underwent a major conversion that was initiated on or
after March 15, 1996.
Novel lifesaving appliance or arrangement means one that has new
features not fully covered by the provisions of this part but that
provides an equal or higher standard of safety.
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.
OCMI means the same as Officer in Charge, Marine Inspection.
Officer in Charge, Marine Inspection 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 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 (as measured under
the Standard, Dual, or Simplified Measurement System under part 69,
subpart C, D, or E, of this chapter) or is less than 6,000 gross tons
(as measured under the Convention Measurement System under part 69,
subpart B, of this chapter); 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 an individual 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 it 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.
OSV means the same as offshore supply vessel.
Quarters means any space where sleeping accommodations are
provided.
Rescue boat means a boat designed to rescue persons in distress and
to marshal survival craft.
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.
Seagoing condition means the operating condition of the OSV with
the personnel, equipment, fluids, and ballast necessary for safe
operation on the waters where the OSV operates.
Survival craft means a craft capable of sustaining the lives of
persons in distress from the time of abandoning the OSV on which the
persons were originally carried. The term includes lifeboats,
liferafts, buoyant apparatus, and lifefloats, but does not include
rescue boats.

Sec. 125.170 Equivalents.

A substitution for fittings, materials, equipment, arrangements,
calculations, information, or tests required by this subchapter may be
accepted by the cognizant 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) and 1 CFR part 51. 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
the material must be available to the public. All approved materials
are on file for inspection at the Office of the Federal Register, 800
North Capitol Street NW., suite 700, Washington, DC, and at the U.S.
Coast Guard, Office of Operating and Environmental Standards, 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

[[Page 49324]]

subchapter, and the sections affected, are as follows:

American Bureau of Shipping (ABS):
Two World-Trade Center, 106th Floor, New York, NY
10048
Rules for Building and Classing Steel Vessels Under 61 127.210
Meters (200 Ft) in Length (1983).
Rules for Building and Classing Steel Vessels (1995).. 127.210; 129.360
Rules for Building and Classing Aluminum Vessels 127.210
(1975).
Rules for Building and Classing Mobile Offshore 133.140; 133.150
Drilling Units (1994).
American National Standards Institute (ANSI):
11 West 42nd St., New York, NY 10036
B 31.1-1986, Code for Pressure Piping, Power Piping... 128.240
Z 26.1-1977 (including 1980 Supplement), Safety Code 127.430
for Safety Glazing Materials for Glazing Motor
Vehicles Operating on Land Highways.
American Society of Mechanical Engineers (ASME):
345 East 47th St., New York, NY 10027
Boiler and Pressure Vessel Code Section I, Power 128.240
Boilers, July 1989 with 1989 addenda.
American Society for Testing and Materials (ASTM):
1916 Race St., Philadelphia, PA 19103
D93-80, Standard Test Methods for Flash Point by 128.310
Pensky-Martens Closed Tester.
American Yacht and Boat Council, Inc. (AYBC):
3069 Solomon's Island Rd., Edgewater, MD 21037-1416
A-3-1993, Galley Stoves............................... 129.550
A-7-1970, Recommended Practices and Standards Covering 129.550
Boat Heating Systems.
E-1-1972, Bonding of Direct-Current Systems........... 129.120
E-8-1994, Alternating-Current (AC) Electrical Systems 129.120
on Boats.
E-9-1990, Direct-Current (DC) Electrical Systems on 129.120
Boats.
Institute of Electrical and Electronics Engineers (IEEE):
345 E. 47th St., New York, NY 10017
No. 45-1977, Recommended Practice for Electric 129.340
Installations on Shipboard.
International Maritime Organization (IMO):
Publications Section, 4 Albert Embankment, London SE1
7SR, England
Resolution A.520(13), Code of Practice for the 133.40
Evaluation, Testing and Acceptance of Prototype Novel
Life-saving Appliances and Arrangements, dated 17
November 1983.
Resolution A.658(16), ``Use and Fitting of Retro- 131.855; 131.875; 133.70
Reflective Materials on Life-saving Appliances'',
dated 20 November 1989.
Resolution A.760(18), ``Symbols Related to Life-Saving 131.875; 133.70; 133.90
Appliances and Arrangements'', dated 17 November 1993.
International Convention for the Safety of Life at Sea 126.170
(SOLAS), Consolidated Edition, 1992.
National Fire Protection Association (NFPA):
1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 70, National Electrical Code, 1993 Edition....... 129.320; 129.340; 129.370
NFPA 306, Control of Gas Hazards on Vessels, 1993 126.160
Edition.
NFPA 1963, Fire Hose Connections, 1993 Edition........ 132.130
NFPA 10, Standard for Portable Fire Extinguishers, 132.350
1994 Edition.
NFPA 302--Fire Protection Standard for Pleasure and 129.550
Commercial Motor Craft, 1994 Edition.
Underwriters Laboratories, Inc. (UL):
333 Pfingsten Rd., Northbrook, IL 60062
UL 19-1992, Lined Fire Hose and Hose Assemblies....... 132.130
UL 486A-1992, Wire Connectors and Soldering Lugs for 129.340
Use with Copper Conductors.
UL 489-1995, Molded-Case Circuit Breakers and Circuit- 129.380
Breaker Enclosures.
UL 57-1976, Electric Lighting Fixtures................ 129.410
UL 595-1991, Marine-Type Electric Lighting Fixtures... 129.410
UL 1570-1995, Fluorescent Lighting Fixtures........... 129.410
UL 1571-1995, Incandescent Lighting Fixtures.......... 129.410
UL 1572-1995, High Intensity Discharge Lighting 129.410
Fixtures.
UL 1573-1995, Stage and Studio Lighting Units......... 129.410
UL 1574-1995, Track Lighting Systems.................. 129.410
----------------------------------------------------------------------------------------------------------------

Sec. 125.190 Right of appeal.

Any person directly affected by a decision or 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 Carriage 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.

[[Page 49325]]

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. 12777, 3 CFR,
1991 Comp., p. 351; 49 CFR 1.46.

Subpart A--General

Sec. 126.100 Inspector not limited.

Nothing in this part shall be construed as limiting the inspector
from making such tests or inspections as he deems necessary to be
assured of the safety and seaworthiness of the vessel.

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 ensure that--
(1) The necessary repairs or renewals have been effectively made;
(2) The material and workmanship used to accomplish the repairs or
renewals are satisfactory; and
(3) The OSV complies with the regulations in this subchapter.

Sec. 126.120 Permit to proceed to another port for repairs.

(a) The cognizant OCMI may issue a permit to proceed to another
port for repair if in the judgment of this OCMI the vessel can complete
the trip safely even though the Certificate of Inspection 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 cognizant 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
cognizant 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 through 107.260, 108.601,
109.437, 109.439, 109.521, 109.525, and 109.527 of 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 American Bureau of Shipping 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 one or more extensions are authorized by the Commandant
(G-MOC), each OSV must be placed in drydock or hauled out for
examination twice each 5 years with no interval between examinations
exceeding 3 years.
(b) The owner or operator shall notify the cognizant OCMI whenever
the OSV is drydocked for any reason. This 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 cognizant 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 cognizant 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 this 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 this 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 cognizant OCMI or, when necessary, by the Commanding
Officer, Marine Safety Center (CO, MSC). Drawings will not be needed if
deemed unnecessary by this OCMI or by the CO, MSC.
(d) When the cognizant 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 may commence.
(c) Each examination must be conducted as follows:
(1) At any port or site inside 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 cognizant 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. These conditions 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 must include precautions necessary to eliminate or minimize
hazards caused by protective coatings or by cargo residues.
(2) At any port or site outside the United States or its
territories and possessions, where the services of a certified marine
chemist or other person

[[Page 49326]]

authorized by the cognizant 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-24572. Public record. Not legal advice.