Frequency of Inspection, Alternate Hull Examination Program for Certain Passenger Vessels, and Underwater Surveys for Passenger, Nautical School, and Sailing School Vessels
Federal RegisterNov 15, 1999
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 2, 30, 31, 52, 61, 71, 90, 91, 98, 107, 110, 114, 115,
125, 126, 132, 133, 134, 167, 169, 175, 176, 188, 189, 195, and 199
[USCG-1999-4976]
RIN 2115-AF73
Frequency of Inspection, Alternate Hull Examination Program for
Certain Passenger Vessels, and Underwater Surveys for Passenger,
Nautical School, and Sailing School Vessels
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes amending its vessel inspection
regulations. These amendments would introduce a 5-year Certificate of
Inspection cycle in accordance with the Coast Guard Authorization Act
of 1996 to harmonize our inspections with most internationally required
certificates. The proposed rule would also establish hull examination
alternatives and a drydock extension procedure for qualifying passenger
vessels. Qualifying vessels must operate exclusively in fresh water, on
restricted routes, and in low risk environments. In addition, the
proposed rule would provide the option of alternating drydock
examinations with underwater surveys for passenger, nautical school,
and sailing school vessels. This rulemaking is necessary for the
following reasons: to align inspection schedules with international
protocols; to establish an examination process giving industry
additional latitude in scheduling inspections; and to create a parity
between passenger vessels and all other Coast Guard-inspected vessels.
The Coast Guard expects this proposed rule to result in a reduction in
the time and paperwork associated with Coast Guard vessel inspections
and examinations.
DATES: Comments and related material must reach the Docket Management
Facility on or before December 30, 1999. Comments sent to the Office of
Management and Budget (OMB) on collection of information must reach OMB
on or before January 14, 2000.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG 1999-4976, U.S.
Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
You must also mail comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer,
U.S. Coast Guard.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule,
call James W. Cratty, Office of Standards Evaluation and Development
(G-MSR-2), Coast Guard, telephone 202-267-6742. For questions on
viewing or submitting material to the docket, call Dorothy Walker,
Chief, Dockets, Department of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. The comment period for this rulemaking
is 45 days. The reason for this is to enable us to publish the Final
Rule in time to meet the International Convention for the Safety of
Life at Sea, 1974 and the International Convention on Load Line
Compliance date of February 3, 2000. If you choose to submit your
comments, please include your name and address, identify the docket
number for this rulemaking (USCG-1999-4976), indicate the specific
section of this document to which each comment applies, and give the
reason for each comment. You may submit your comments and material by
mail, hand delivery, fax, or electronic means to the Docket Management
Facility at the address under ADDRESSES; but please submit your
comments and material by only one means. If you submit them by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The background and purpose for the three distinct portions of this
proposed rule, Frequency of Inspection, Alternate Hull Examinations,
and Underwater Surveys, is as follows:
Frequency of Inspection
On October 31, 1988, the International Maritime Organization (IMO)
convened the International Conference on the Harmonized Systems of
Survey and Certification to adopt the Protocol of 1988 relating to the
International Convention for Safety of Life at Sea (SOLAS), 1974, and
the Protocol of 1988 relating to the International Convention on Load
Lines, 1966. By adopting these 1988 Protocols, IMO standardized the
term of validity for certificates and intervals for vessel inspections
required by the Conventions. These 1988 Protocols will enter into force
as international law on February 3, 2000. As party to the SOLAS
Convention, and the International Convention on Load Lines, the U.S.
ratified the 1988 Protocol on July 1, 1991. Section 605 of the Coast
Guard Authorization Act of 1996, Public Law 104-324, codified at Title
46 of the United States Code (U.S.C.) section 3307 was amended to allow
vessel inspections once a year or once every 5 years, depending on
vessel type. Previously, vessels were inspected once a year, or once
every 2 or 3 years, depending on vessel type.
This rulemaking proposes aligning the term of validity for a
Certificate of Inspection (COI) and the type of inspections required
during the term of the COI with the standards prescribed in
[[Page 62019]]
the 1974 SOLAS Convention. Adopting a 5-year COI, with interval annual
inspections, and a periodic inspection will ensure that U.S. vessels
meet international standards and comply with international law. These
changes will also provide vessel owners and operators with more
flexibility to schedule required inspections and reduce paperwork
associated with these inspections.
Alternate Hull Examination (AHE) Program
In February 1997, the Riverboat Gaming Maritime Association (RGMA)
of East Peoria, IL (which represents a number of gaming vessel owners
and operators) asked the Coast Guard (in a letter) to allow its member
vessels to undergo hull examinations while afloat instead of at drydock
as required by our regulations. Many of RGMA's member vessels operate
locally, are landlocked, and do not have drydock facilities of adequate
size within a reasonable distance. They also operate in the low risk
environments of fresh water rivers, or protected lakes, near shore, and
in shallow water. While reviewing RGMA's request, the Coast Guard
considered the low risk environments in which these vessels operate and
the advances in underwater survey technology. We concluded that an
underwater hull examination, coupled with a thorough internal
examination, can adequately evaluate the condition of a vessel's hull.
In March 1997, the owners of a vessel that operates in a low-risk
environment, as described above, requested a 1-year extension for
completing its required drydock examination. This vessel operates
approximately eight times a day on the Des Plaines River in Joliet, IL
in a restricted area (between two locks on the river). This vessel was
due for its first 5-year drydock examination on May 31, 1997. The
vessel's owners requested a 1-year drydock extension as an interim
measure, pending the Coast Guard review of the proposed hull
examination alternative.
In May 1997, along with a routine drydock extension survey, we
observed a demonstration of the underwater survey methods under the AHE
Program proposed in this rule. We determined that the survey results
alone were sufficient to grant this vessel a 1-year drydock extension
to May 1998, in accordance with 46 CFR 115.670. Under 46 CFR 115.670,
the Officer in Charge, Marine Inspection (OCMI) or the Commandant may
allow extensions of the examination intervals between drydock
examinations and internal structural examinations.
Based on the results of the underwater survey demonstration, the
Coast Guard created a pilot program (which will remain in place until
this rulemaking is finalized) that allows owners and operators of
qualified vessels to undergo an alternative hull examination process.
This examination process includes an underwater survey and internal
structural examination along with annual condition assessments and
scheduled preventative maintenance. Under this pilot program, we will
consider a drydock extension of up to 30 months for vessels that
operate in low-risk environments.
To establish criteria for this pilot program, the Coast Guard
published G-MOC Policy Letter 3-98 on March 5, 1998, entitled ``Drydock
Extensions for Certain Passenger Vessels.'' This policy letter provides
specific eligibility criteria, outlines application requirements, and
establishes the survey criteria for these special drydock extensions.
On March 5, 1998, the Coast Guard published a notice in the Federal
Register (63 FR 10777) announcing that the G-MOC Policy Letter would be
incorporated into Coast Guard regulations.
In April 1998, the first vessel in the pilot program underwent a
second drydock extension survey using the guidelines in the G-MOC
Policy Letter. Based on the results of the survey, the Coast Guard
granted the vessel owner a 30-month drydock extension so the vessel
will not have to be drydocked until November 20, 2000. After the Coast
Guard set this precedent, several other gaming vessel owners and
operators also completed successful surveys and were granted 30-month
drydock extensions.
This rulemaking would formalize this pilot program and title it the
Alternate Hull Examination (AHE) Program. The AHE Program would allow
owners and operators of qualifying vessels to receive drydock
extensions of up to 30 or 60 months, depending on the chosen method of
hull examination. Once a vessel enters the program, it may receive an
indefinite number of consecutive drydock extensions; however, the OCMI
may require it to be dry-docked if the AHE Program is deemed inadequate
for evaluating its hull or if out-of-water repairs are required. The
affected industry would save time and money, and still meet Coast Guard
safety standards by using the advanced survey techniques under the
proposed AHE Program.
Underwater Survey Program
Inspected U.S. passenger vessels, nautical school ships (public and
civilian), and sailing school vessels lack the regulatory option of
alternating drydock examinations with underwater surveys. Current U.S.
regulations allow this option to tank vessels, cargo and miscellaneous
vessels, oceanographic research vessels, and mobile offshore drilling
units (MODUs). Recognizing significant advances in underwater survey
technology over the past decade, the Coast Guard has determined that it
is safe and appropriate to include passenger vessels, nautical school
ships, and sailing school vessels in the list of qualifying vessels.
Current U.S. regulations require U.S. passenger vessels operating
on international voyages to drydock annually; however, their foreign
counterparts generally drydock every 2 years. International
regulations, as prescribed by the International Convention for Safety
of Life at Sea (SOLAS) Chapter I, Regulation 7, require passenger ships
to undergo annual surveys that include inspection of the outside of the
ship's bottom. To satisfy this requirement, most classification
societies, acting on behalf of foreign-flag administrations, accept
drydock examinations every 2 years with an underwater hull examination
at the mid-period. U.S. passenger vessels operating on international
voyages would gain parity with their foreign counterparts by having
such an option.
Navigation and Vessel Inspection Circular (NVIC) 1-89, entitled
``Underwater Survey Guidance,'' dated March 15, 1989, provides guidance
for conducting underwater surveys to vessel owners and operators,
underwater survey diving contractors, and other interested persons. The
NVIC addresses the application process, the advanced planning
necessary, and the procedure to be followed during an underwater
survey.
This proposed rule would incorporate the guidance from NVIC 1-89
into Coast Guard regulations, and allow owners and operators of U.S.
passenger vessels, nautical school ships, and sailing school vessels
with steel or aluminum hulls the option of alternating underwater hull
surveys with drydock examinations. This voluntary option would result
in a decrease in the overall costs for vessel owners and operators that
choose this option. See the REGULATORY EVALUATION section of this
proposed rule for a discussion of costs.
Discussion of Proposed Rule
The discussion of the three distinct portions of this proposed
rule, Frequency of Inspection, Alternate Hull Examination, and
Underwater Survey, is as follows:
[[Page 62020]]
Frequency of Inspection
We propose changing the term of validity for a Certificate of
Inspection (COI) from 2 or 3 years to 5 years. We also propose changing
the type of interval inspections required for yearly endorsement of a
valid COI. Vessels and mobile offshore drilling units (MODUs) that
currently receive 2-year COIs would undergo three annual inspections
and a periodic inspection during the 5-year interval between COI
renewals. Small passenger vessels that currently receive 3-year COIs
would undergo four annual inspections during the 5-year interval
between COI renewals. We are proposing these changes to align with the
international standards provided in SOLAS, to provide owners and
operators increased flexibility in scheduling inspections, and to
eliminate ``inspection creep.''
Currently, when an inspection for certification is conducted before
the current COI expiration date, the date of the inspection becomes the
new COI issue date. This causes ``inspection creep'' whereby a vessel's
due date for inspection is earlier with each new COI. This has proven
to be a hardship on those vessel owners and operators with seasonal
operations. We propose to allow you to have your vessel's inspection
for certification up to 3 months before the expiration date of your
COI. Additionally, your vessel may undergo its annual and periodic
inspections up to 3 months before or 3 months after the anniversary
date of the issuance of the vessel's COI. Providing this new extended
scheduling window eliminates ``inspection creep'' and eases inspection
scheduling. The current expiration date of your vessel's or MODU's COI
would remain the same for as long as the vessel or MODU operates.
(a) General
Section 2.01-5.
In Sec. 2.01-5, we propose removing paragraphs (a)(3) and (4) that
reference two forms that we no longer use: CG-3753--Certificate of
Inspection (for small passenger vessels) and CG-4678--Barge Certificate
of Inspection.
Section 2.01-8.
In Sec. 2.01-8, we propose removing the reference to Sec. 176.35-1
because it no longer exists and replace it with references to
Sec. 115.900 and Sec. 176.900, which relate to the applicability of
SOLAS certificates.
(b) Notification
Section 2.01-3.
Due to the removal of the phrase ``not more than 60 days'' from 46
U.S.C. 3309, we propose removing the similar phrase ``but less than 60
days'' from Sec. 2.01-3. Currently, Vessel owners and operators cannot
notify the Coast Guard more than 60 days before their COI expires.
Vessel owners and operators would continue to notify the Coast Guard at
least 30 days before their inspection for certification, but they would
no longer be restricted on how early they may notify us.
(c) SOLAS certificates
Section 2.01-25.
In Sec. 2.01-25(a), (b), and (e), we propose removing references to
both the Cargo Ship Safety Radiotelephony Certificate and the Cargo
Ship Radiotelegraphy Certificate. Amendments to SOLAS combined these
certificates into one certificate: The Cargo Ship Safety Radio
Certificate. The revised section would only reference the new
certificate.
In Sec. 2.01-25(b)(1), we propose to add two classes of vessels:
Small passenger vessels carrying more than 150 passengers or with
overnight accommodations for more than 49 passengers and offshore
supply vessels (OSVs). These vessels were inadvertently excluded from
this section that provides guidance on SOLAS Certificates.
Sections 2.01-25, 31.40-35, 91.60-35, and 189.60-35.
We propose amending Secs. 2.01-25, 31.40-35, 91.60-35, and 189.60-
35 to align our rules with SOLAS requirements. SOLAS requires that
certificates be made readily available, but not necessarily posted in a
prominent place.
Sections 31.40-1 and 91.60-1.
In Sec. 31.40-1, we propose adding a cross-reference to Sec. 30.01-
6, which provides information on the applicability of subchapter D for
vessels on international voyages. In Sec. 91.60-1, we propose adding a
cross-reference to Sec. 91.05-10, which provides information on the
applicability of subchapter I for vessels on international voyages.
These cross-references would help vessel owners and operators determine
in which geographical locations they are required to have SOLAS
certificates.
Sections 31.40-15, 31.40-20, 91.60-15, 91.60-20, 189.60-15, and
189.60-20.
We propose removing Secs. 31.40-20, 91.60-20, and 189.60-20 that
reference obsolete certificates and application information. We propose
revising Secs. 31.40-15, 91.60-15, and 189.60-15 to remove references
to the same obsolete certificates and to add the SOLAS Cargo Ship
Safety Radio Certificate that will take the place of the obsolete
certificates. The Federal Communications Commission (FCC) no longer
issues the Cargo Ship Safety Radiotelegraphy Certificate, referenced in
Secs. 31.40-15, 91.60-15, and 189.60-15 or the Cargo Ship Safety
Radiotelephony Certificate, referenced in Secs. 31.40-20, 91.60-20, and
189.60-20. The proposed rule would require tankships, cargo ships, and
oceanographic research vessels with radio installations to obtain the
Cargo Ship Safety Radio Certificate aligning them with the
international standards provided in SOLAS.
The Protocol of 1988 relating to SOLAS provides the option for the
Administration (Flag State) to combine the Cargo Ship Safety
Construction Certificate, the Cargo Ship Safety Radio Certificate, and
the Cargo Ship Safety Equipment Certificate into the Cargo Ship Safety
Certificate. We have chosen not to adopt that option at this time. The
FCC has primary responsibility over the Cargo Ship Safety Radio
Certificate and maintains existing agreements with third parties, which
act on its behalf for issuing this certificate. The Cargo Ship Safety
Certificate option would present difficulties in coordination between
the two agencies. Also, the Cargo Ship Safety Radio Certificate is not
included in 46 CFR part 8, Vessel Inspection Alternatives, where vessel
owners and operators have the option of obtaining an international
certificate from sources other than the Coast Guard.
Establishing procedures to combine the FCC responsibilities for the
Cargo Ship Safety Certificate with our responsibilities for the safety
construction and safety equipment certificates is beyond the scope of
this rulemaking.
Sections 31.40-40, 91.60-40, and 189.60-40.
We propose revising Secs. 31.40-40, 91.60-40, and 189.60-40 to
remove the references to the obsolete Cargo Ship Safety Radiotelegraphy
and Cargo Ship Safety Radiotelephony Certificates. We propose adding a
reference to the Cargo Ship Safety Radio Certificate in place of the
obsolete certificates. Also, we propose changing the period of validity
of the Convention certificates from 24 months to 60 months. These
proposed changes would align our rules with the international standards
provided in SOLAS.
Sections 107.405.
We propose amending Sec. 107.405 to change the term of validity of
the SOLAS Safety Equipment Certificate from 24 months to 60 months. We
are proposing this change to align with the international standards
provided in SOLAS.
[[Page 62021]]
(d) Definition of Anniversary Date
Sections 30.10-2a, 90.10-1a, 107.111, 114.400, 125.160, 169.107,
175.400, and 188.10-1.
In Secs. 30.10-2a, 90.10-1a, 107.111, 114.400, 125.160, 169.107,
175.400, and 188.10-1, we propose adding the definition of
``anniversary date'' to the definitions applicable to title 46,
subchapters D, I, I-A, K, L, R, T, and U. This definition would clarify
the requirement for the annual and periodic inspections based on the
expiration date of the COI. In part 188, we propose to redesignate the
current Sec. 188.10-1 as Sec. 188.10-2 to maintain the alphabetical
order of the definitions.
(e) Frequency of Inspections
Section 31.01-1.
In Sec. 31.01-1, we propose removing the terms ``biennially'' and
``annually'' and changing the frequency of an inspection for
certification to every 5 years. We are proposing these changes to align
with the international standards provided in SOLAS.
Sections 31.05-10, 91.01-10, 107.211, 126.250, 169.207, and 189.01-
10.
In Secs. 31.05-10, 91.01-10, 107.211, 126.250, 169.207, and 189.01-
10, we propose changing the term of validity for a COI to 5 years. We
are proposing this change to align with the international standards
provided in SOLAS, to provide owners and operators with increased
flexibility in scheduling inspections, and to eliminate inspection
creep. In Secs. 31.05-10, 91.01-10, 126.250, 169.207, and 189.01-10 we
also propose to amend the section headings to read ``Period of Validity
for a Certificate of Inspection''.
Section 31.10-15.
In Sec. 31.10-15(a), we propose amending paragraph (a) to change
the frequency of inspection for a COI from 2 years to 5 years. We are
proposing this change to align with the international standards
provided in SOLAS. Additionally, we are proposing editorial changes to
paragraph (a) to clarify the language.
Also, the proposed rule would add new paragraph (c) to specify that
the new COI would be issued upon satisfactory completion of the
inspection for certification.
Section 107.201.
In Sec. 107.201, we propose removing the term ``biennial'' in
paragraph (b) and replacing the term ``reinspections'' with the terms
``annual and periodic inspections'' in paragraph (c). This section
references statutory authority for inspections and reinspections. The
proposed change would update the terminology and change the frequency
of an inspection for certification to every 5 years. We are proposing
these changes to align with the international standards provided in
SOLAS.
Section 115.107 and 176.107.
The proposed rule would change the COI term of validity for small
passenger vessels from 3 to 5 years in Secs. 115.107 and 176.107.
Rather than undergoing both annual inspections and a periodic
inspection during the 5-year interval between inspections for
certification, these vessels would undergo four annual inspections.
These inspections would provide an adequate means of determining that
the vessels are seaworthy for their intended routes. Under 46 U.S.C.
3307, we are proposing these changes to provide owners and operators
with increased flexibility in scheduling inspections, and to eliminate
inspection creep. However, the term of validity for COIs for small
passenger vessels carrying more than 12 passengers on an international
voyage would remain 1 year as required by 46 U.S.C. 3307(1).
(f) Conditions of Validity
Sections 31.10-17a, 91.27-5, 107.283, 126.520, 169.227, and 189.27-
10.
We propose adding Secs. 31.10-17a, 91.27-5, 107.283, 126.520,
169.227, and 189.27-10 to require annual and periodic inspections to
maintain the validity of COIs for--
MODUs;
Tank vessels;
Cargo and miscellaneous vessels;
Offshore supply vessels;
Sailing school vessels; and
Oceanographic research vessels.
We are proposing these changes to align with the international
standards provided in SOLAS.
To maintain a valid COI for the full 5-year period, this proposed
rule would require your vessel or MODU to--
Undergo the relevant annual and periodic inspections
within the time frame allowed; and
Obtain endorsements from the appropriate authority for
relevant annual and periodic inspections.
Sections 115.502 and 176.502.
We propose adding Secs. 115.502 and 176.502 to require four annual
inspections for Small Passenger Vessels (subchapters K and T) to
maintain the validity of the COI. We are proposing these changes to
keep all COI inspection intervals consistent.
To maintain a valid COI for the full 5-year period, this proposal
would require your vessel to--
Undergo the relevant annual inspections within the time
frame allowed; and
Obtain endorsements from the appropriate authority for
relevant annual inspections.
(g) Application for COI
Sections 31.01-15, 91.25-5, 126.420, 169.205, and 189.25-5.
In Secs. 31.01-15, 91.25-5, 126.420, 169.205, and 189.25-5, we
propose revising the application process for a renewal of a COI. This
revision would require you to submit an application for a COI at least
30 days before the expiration date of a vessel's current COI. In
addition, you must schedule the inspection for certification within 3
months before the expiration date of the current COI. We are proposing
these changes to align with the international standards provided in
SOLAS. Also, providing this new extended scheduling window with the
fixed anniversary date eases inspection scheduling and eliminates
inspection creep.
Section 107.215.
We propose revising the section heading and removing the term
``biennial'' from paragraphs (a) and (c) because the proposed frequency
of an inspection for certification for a MODU is every 5 years. In
addition, the proposed revision to paragraph (b) would require you to
submit an application for a COI at least 30 days before the expiration
date of a vessel's current COI. Proposed new paragraph (d) would
establish the 5-year term of validity for a renewed COI. We are
proposing these changes to align with the international standards
provided in SOLAS.
(h) Annual and Periodic Inspections
Sections 31.10-17, 91.27-1, 126.510, 189.27-1, and 189.27-5.
We propose revising Secs. 31.10-17, 91.27-1, 126.510, 189.27-1, and
189.27-5 to establish annual inspections and periodic inspections for
tank vessels, cargo and miscellaneous vessels, offshore supply vessels,
and oceanographic research vessels. We are proposing these changes to
align with the international standards provided in SOLAS and to provide
owners and operators with increased flexibility in scheduling
inspections.
Currently, the regulations require ``reinspections'' (interval
inspections) for these vessels during the 2 year intervals for COIs.
Changing the term of validity for COIs to 5 years allows for more time
between detailed inspections. To accommodate the new 5-year COI
interval while maintaining safety, we propose requiring three annual
inspections and one periodic inspection during the 5-year interval
between inspections for certifications. We would
[[Page 62022]]
maintain the current time intervals between inspections and ensure that
testing or inspection requirements are conducted during the inspections
for certification and periodic inspections. A vessel would undergo an
annual inspection each year that it does not undergo a periodic
inspection or an inspection for certification. A vessel would undergo a
periodic inspection in either the second or third anniversary year of
the date of issuance for the COI. The owner or operator can choose
which year to have the periodic inspection. Although no written request
or application for inspection is required, you must schedule annual
inspections and periodic inspections with the cognizant OCMI within 3
months before but no later than 3 months after the COI anniversary
date.
The scope of the annual inspection under proposed Secs. 31.10-17,
91.27-1, 126.510, 189.27-1, and 189.27-5 would be equivalent to the
scope of the ``reinspection'' (interval inspections) described in the
current regulations. The scope of a reinspection under Secs. 31.10-
17(c), 91.27-5, 126.520, and 189.275 is currently described as ``in
less detail'' than an inspection for certification. Because the scope
of the annual inspections is equivalent to the scope of the current
reinspections, we would continue to use the words ``in less detail'' to
describe annual inspections in proposed Secs. 31.10-17(a)(2), 91.27-
5(a)(2), 126.520(a)(2), and 189.275(c) and to differentiate between the
annual inspection and the inspection for certification.
As indicated in proposed Secs. 31.10-17(b)(2), 91.27-5(b)(2),
126.520(b)(2), and 189.27-5(c), the marine inspector would ensure that
your vessel is in compliance with all applicable regulations and would
endorse the current COI, unless deficiencies or major changes to the
vessel are found. We propose to allow the marine inspector to conduct a
more detailed inspection if deficiencies are found. As in the current
regulations, the marine inspector has the authority to require any
tests or correction deemed necessary. The OCMI would determine the time
period in which deficiencies must be corrected on a case-by-case basis.
Finally, the scope of the periodic inspection in proposed
Secs. 31.10-17(c), 91.27-5(b)(2), 126.520(b)(2), and 189.27-5(c) would
be the same as an inspection for certification in the current
regulations at Secs. 31.10-15, 91.25-10, 126.430, and 189.25-10.
Sections 91.27-13 and 126.530.
We propose revising Secs. 91.27-13 and 126.530 to allow owners and
operators of offshore supply vessels less than 400 gross tons in
foreign ports to receive a 5-year COI. Currently, a vessel owner,
master, or operator may request authorization to conduct his or her own
alternative midperiod examination in place of a reinspection. This
proposed rule would allow a vessel owner, master, or operator to
request authorization from the Coast Guard to conduct an alternative
annual inspection in place of any or all annual inspections during the
5-year interval between inspections for certification. For these
vessels, the cognizant OCMI would continue conducting the inspections
for certification every fifth year and the periodic inspection in
either the second or third year after the COI anniversary date.
The proposed rule would require you to apply, in writing, to the
cognizant OCMI for authorization to conduct your own alternative annual
inspection. Your application must be received by the OCMI before the
end of the twelfth month of each COI anniversary year. If you are
approved, the OCMI would provide written authorization, to proceed with
the alternative annual inspection and provide you with any special
instructions. The proposed rule would require you to conduct your
alternative annual inspection within 3 months before but no later than
3 months after the COI anniversary date. The scope of the alternative
annual inspection would be equivalent to the annual inspection
conducted by the Coast Guard for other offshore supply vessels. The
scope of the annual inspection would be equivalent to the midperiod
alternative examination required in the current inspection regulations
for these vessels.
In reviewing your application for authorization, items or issues
the OCMI may consider include, but are not limited to, any outstanding
inspection requirements for the vessel, vessel history, documentation
of employment outside the United States, and prompt correction of past
deficiencies. To qualify for an alternative annual examination, these
vessels must be less than 400 gross tons and must be employed outside
the United States during the 3 months before and after their COI
anniversary date. Requirements regarding submission of inspection
results and OCMI evaluation are prescribed in 46 CFR 91.27-13.
In addition, we propose requiring the master of an offshore supply
vessel that participates in the alternative annual inspection program
to endorse the vessel's COI.
Sections 107.269 and 107.270.
We propose revising Secs. 107.269 and 107.270 to establish annual
inspections and periodic inspections for MODUs. We are proposing these
changes to align with the international standards provided in SOLAS and
to provide owners and operators with increased flexibility in
scheduling inspections.
Currently, the regulations require ``reinspections'' (interval
inspections) for these units during the 2 year intervals for COIs,
which are the same in scope as the inspection for certification, except
in Sec. 107.231(x) and (y). We are proposing to change the term of
validity for COIs to 5 years to allow for more time between detailed
inspections. To accommodate the new 5-year COI interval and ensure all
applicable units comply with our regulations, we propose requiring
three annual inspections and one periodic inspection during the 5-year
interval between inspections for certification. We would maintain the
current time intervals between inspections and ensure that testing or
inspection requirements are conducted during the inspections for
certification and periodic inspections. A unit would undergo an annual
inspection each year that it does not undergo a periodic inspection or
an inspection for certification. A unit would undergo a periodic
inspection in either the second or third anniversary year of the date
of issuance for the COI. The owner or operator can choose which year to
have the periodic inspection. Although no written request or
application for inspection is required, you must schedule annual
inspections and periodic inspections with the cognizant OCMI within 3
months before but no later than 3 months after the COI anniversary
date.
Currently, the scope of a reinspection under Sec. 107.269 is the
same as the scope of the inspection for certification under
Sec. 107.231, except paragraphs (x) and (y). Under proposed
Sec. 107.269, the scope of the annual inspection would be ``in less
detail'' than the scope of the ``reinspection'' (interval inspections)
described in the current regulations.
As indicated in proposed Secs. 107.269 and 107.270, the marine
inspector would ensure that your unit is in compliance with all
applicable regulations and would endorse the current COI, unless
deficiencies or major changes to the unit are found. We propose to
allow the marine inspector to conduct a more detailed inspection if
deficiencies are found. As in the current regulations, the marine
inspector has the authority to require any tests or correction deemed
necessary. The OCMI would determine the time period in
[[Page 62023]]
which deficiencies must be corrected on a case-by-case basis.
Finally, the scope of the periodic inspection in proposed
Sec. 107.270 would be the same as an inspection for certification in
the current regulations at Sec. 107.231.
Under Sec. 107.269, MODU owners and operators are not required to
conduct installation tests during reinspection. The requirements for
installation tests are provided in Sec. 107.231(x) and (y). The current
paragraph references to Sec. 107.231(y), (z), (aa), and (bb) in
Sec. 107.269 are incorrect. Proposed Secs. 107.269 and 107.270 would
correct and amend these references to allow the installation test
exceptions for annual and periodic inspections.
Section 107.279.
We propose revising this section to remove the terms ``biennial''
and ``reinspections'' in paragraphs (b), (c), and (d). Also, we would
correct the references to the exceptions in Sec. 107.231(x) and (y). We
are proposing these changes to align with the international standards
provided in SOLAS.
Sections 15.500 and 176.500.
Sections 115.500 and 176.500 currently describe when reinspection
is required for small passenger vessels. We propose revising these
sections to require small passenger vessels with a 5-year COI to
undergo four annual inspections, and to require small passenger vessels
carrying more than 12 passengers on international voyages, to undergo
an inspection for certification each year. We are proposing these
changes to align with 46 U.S.C. 3307 and the international standards
provided in SOLAS and to provide owners and operators with increased
flexibility in scheduling inspections.
Currently, the regulations require ``reinspections'' (interval
inspections) during the 3-year intervals for COIs. Changing the term of
validity for COIs to 5 years allows for more time between detailed
inspections. To accommodate the new 5-year COI interval and ensure all
applicable vessels comply with our regulations, we propose requiring
annual inspections each year during the 5-year interval between
inspections for certifications. We would maintain the current frequency
of inspection intervals and ensure that testing or inspection
requirements are conducted during the inspections for certification.
Although no written application or request for inspection is required,
you must schedule annual inspections with the cognizant OCMI within 3
months before but no later than 3 months after the COI anniversary
date.
The scope of the annual inspection would be equivalent to the scope
of the ``reinspection'' (interval inspections) described in the current
regulations in Secs. 115.502 and 176.502. The marine inspector would
ensure that your vessel is in compliance with all applicable
regulations and would endorse the current COI, unless deficiencies or
major changes to the vessel are found. We also propose to allow the
marine inspector to require any tests or corrections deemed necessary
or conduct an examination more detailed in scope to ensure that the
vessel is in satisfactory condition and fit for the service for which
it is intended. The OCMI will determine a time period in which
deficiencies must be corrected on case-by-case basis.
Sections 169.225 and 169.226.
We propose revising Secs. 169.225 and 169.226 to establish annual
inspections and periodic inspections for sailing school vessels. We are
proposing these changes to align with the international standards
provided in SOLAS and to provide owners and operators with increased
flexibility in scheduling inspections.
Currently, the regulations require ``reinspections'' (interval
inspections) for these vessels during the 2-year intervals for COIs,
which are the same in scope as the inspection for certification. We are
proposing to change the term of validity for COIs to 5 years to allow
more time between detailed inspections. To accommodate the new 5-year
COI interval and ensure all applicable vessels comply with our
regulations, we propose requiring three annual inspections and one
periodic inspection during the 5-year interval between inspections for
certifications. We would maintain the current frequency of inspection
intervals and ensure that testing or inspection requirements are
conducted during the inspections for certification and periodic
inspections. A vessel would undergo an annual inspection each year that
it does not undergo a periodic inspection or an inspection for
certification. A vessel would undergo a periodic inspection in either
the second or third anniversary year of the date of issuance for the
COI. The owner or operator can choose which year to have the periodic
inspection. Although no written request or application for inspection
is required, you must schedule annual inspections and periodic
inspections with the cognizant OCMI within 3 months before but no later
than 3 months after the COI anniversary date.
Currently, the scope of a reinspection under Sec. 169.227 is the
same as the scope of the inspection for certification under
Sec. 169.222. Under proposed Sec. 169.225, the scope of the annual
inspection would be ``in less detail'' than the scope of the
``reinspection'' (interval inspections) described in the current
regulations.
As indicated in proposed Secs. 169.225 and 169.226, the marine
inspector would ensure that your vessel is in compliance with all
applicable regulations and would endorse the current COI, unless
deficiencies or major changes to the vessel are found. We propose to
allow the marine inspector to conduct a more detailed inspection if
deficiencies are found. As in the current regulations, the marine
inspector has the authority to require any tests or correction deemed
necessary. The OCMI would determine the time period in which
deficiencies must be corrected on a case-by-case basis.
Finally, the scope of the periodic inspection in proposed
Sec. 169.226 would be the same as an inspection for certification in
the current regulations at Sec. 169.222.
(i) Inspection Intervals for Specific Equipment and Systems
Sections 31.10-18 and 169.247.
Currently, under Sec. 31.10-18(d), the deck foam systems are tested
biennially and under Secs. 31.10-18(e) and (h), fire extinguishing
equipment and carbon dioxide cylinders are inspected at the inspection
for certification. Also, currently under Sec. 169.247 (a), fire-
extinguishing equipment is inspected at the inspection for
certification only. We propose amending Secs. 31.10-18 and 169.247 to
require inspections of this fire-fighting equipment to be conducted
during each inspection for certification and periodic inspection. We
are proposing these changes to align with the international standards
provided in SOLAS.
Section 52.01-50.
In Sec. 52.01-50, paragraph (k)(1), we propose adding the terms
``periodic inspection.'' This change would maintain the frequency of
inspections for fusible plugs and harmonize our inspection requirements
with the proposed 5-year COI. The current rules require fusible plugs
to be cleaned and examined at each inspection for certification. These
proposed changes would align our rules with the international standards
provided in SOLAS.
Section 61.05-10.
We propose amending Table 61.05-10 to remove references to the COI
interval and replace them with the number ``2.5.'' This change would
maintain the
[[Page 62024]]
inspection intervals for boilers at 2.5 years and harmonize the
inspections with the proposed 5-year COI. Certain boiler tests are
currently conducted at the inspection for certification. These proposed
changes would align our rules with the international standards provided
in SOLAS.
Section 61.10-5.
In Sec. 61.10-5, we propose amending paragraphs (c), (h), and (i),
to establish an inspection interval that must not exceed 3 years within
the proposed 5-year COI. Paragraph (c) regulates tubular heat
exchangers, hydraulic accumulators, and pressure vessels used in
refrigeration service; paragraph (h) regulates pneumatic tests; and
paragraph (i) regulates safety valves on pressure vessels.
These proposed changes would also align our rules with the
international standards provided in SOLAS.
Section 61.15-5.
In Sec. 61.15-5, we propose amending paragraph (c) to establish an
inspection interval for safety and relief valves which must not exceed
3 years within the proposed 5-year COI. Safety and relief valves are
currently checked by the marine inspector at each inspection for
certification. This proposed change would align our rules with the
international standards provided in SOLAS.
Section 61.15-10.
In Sec. 61.15-10(a), we propose adding the term ``periodic
inspection.'' This change would maintain the frequency of inspections
for liquefied petroleum gas piping for heating and cooking and
harmonize our inspection requirements with the proposed 5-year COI. The
current rules require examinations or tests of this equipment at each
inspection for certification. These proposed changes would align our
rules with the international standards provided in SOLAS.
Section 61.15-12.
In Sec. 61.15-12(a), we propose adding the term ``periodic
inspection.'' This change would maintain the frequency of inspections
for nonmetallic expansion joints and harmonize our inspection
requirements with the proposed 5-year COI. The current rules require
examinations or tests of this equipment at each inspection for
certification. These proposed changes would align our rules with the
international standards provided in SOLAS.
Section 61.20-1.
In Sec. 61.20-1, we propose amending paragraph (a) to establish an
inspection interval for steering gear that must not exceed 3 years
within the proposed 5-year COI. The marine inspector currently checks
the steering gear at each inspection for certification. This proposed
change would also align our rules with the international standards
provided in SOLAS.
Section 61.20-3.
In Sec. 61.20-3, we propose amending paragraphs (a) and (b) by
adding the term ``periodic inspection.'' These changes would maintain
the frequency of inspections for main and auxiliary machinery and
associated equipment, including fluid control systems. These changes
would harmonize inspection requirements with the proposed 5-year COI.
The current rules require examinations or tests of this equipment at
each inspection for certification. These proposed changes would align
our rules with the international standards provided in SOLAS.
Section 61.30-15.
In Sec. 61.30-15, we propose adding the term ``periodic
inspection.'' This change would maintain the frequency of visual
inspections of thermal fluid heaters. This change would harmonize
inspection requirements with the proposed 5-year COI. The current rules
require examinations or tests of this equipment at each inspection for
certification. This proposed change would align our rules with the
international standards provided in SOLAS.
Section 61.30-20.
In Sec. 61.30-20, we propose adding the term ``periodic
inspection.'' This change would maintain the frequency of automatic
control and safety checks for thermal fluid heaters. This change would
harmonize inspection requirements with the proposed 5-year COI. The
current rules require examinations or tests of this equipment at each
inspection for certification. This proposed change would align our
rules with the international standards provided in SOLAS.
Sections 91.25-20, 132.350, and 189.25-20.
In Secs. 91.25-20, 132.350, and 189.25-20, we propose adding the
term ``periodic inspection'' to require fire-extinguishing equipment to
undergo inspections at the inspection for certification and periodic
inspection. In 91.25-20, we have also made minor editorial changes for
clarity. We are proposing these changes to align with the international
standards provided in SOLAS. These changes would also provide vessel
owners and operators with more flexibility to schedule required
inspections and reduce paperwork associated with these inspections.
Sections 91.25-25 and 189.25-25.
In Secs. 91.25-25 and 189.25-25, we propose adding the terms ``and
periodic inspection'' to require hull equipment to be inspected at the
inspection for certification and periodic inspection. We are proposing
these changes to align with the international standards provided in
SOLAS. These changes would also provide vessel owners and operators
with more flexibility to schedule required inspections and reduce
paperwork associated with these inspections.
Sections 91.25-38 and 189.25-38.
In Secs. 91.25-38 and 189.25-38, we propose adding the terms ``and
periodic inspection'' to require pollution prevention equipment to be
inspected at the inspection for certification and periodic inspection.
We are proposing these changes to align with the international
standards provided in SOLAS. These changes would also provide vessel
owners and operators with more flexibility to schedule required
inspections and reduce paperwork associated with these inspections.
Sections 91.25-40, 169.255, and 189.25-40.
In Secs. 91.25-40 and 189.25-40 we propose adding the terms
``periodic inspection'' to require sanitation inspections at the
inspection for certification and periodic inspection. In Sec. 169.255,
we propose adding the terms ``periodic inspection'' and ``annual
inspection'' to require sanitation inspections at the inspection for
certification, periodic inspection, and annual inspection. We also
propose to remove the term ``reinspection.'' We are proposing these
changes to align with the international standards provided in SOLAS.
These changes would also provide vessel owners and operators with more
flexibility to schedule required inspections and reduce paperwork
associated with these inspections.
Sections 91.25-45 and 189.25-45.
In Secs. 91.25-45 and 189.25-45, we propose adding the terms
``periodic inspection'' to require inspections for fire hazards at the
inspection for certification and periodic inspection. We are proposing
these changes to align with the international standards provided in
SOLAS.
Section 98.25-95.
In Sec. 98.25-95, we propose adding the terms ``inspection for
certification'' and ``periodic inspection'' to require inspections of
anhydrous ammonia tanks at the inspection for certification and
periodic inspection. We also propose to remove the term ``biennial''.
We are proposing these changes to align with the international
standards provided in SOLAS.
Section 110.30-5.
[[Page 62025]]
We propose revising Sec. 110.30-5 to require inspection of electric
installations and electric equipment at each inspection for
certification and periodic inspection. Currently, Sec. 110.30-5
requires these inspections annually and biennially. We are proposing
these changes to align with the international standards provided in
SOLAS.
Sections 115.812 and 176.812.
In Secs. 115.812 and 176.812, we propose removing the 3-year
inspection interval for pressure vessels and boilers on small passenger
vessels. These sections would continue to cross-reference tests and
inspections in 46 CFR 61.10. Proposed changes to subpart 61.10 would
maintain the frequency of inspections for pressure vessels and
harmonize inspection requirements with the proposed 5-year COI. The
current rules require tests and inspections of this equipment at each
inspection for certification. These changes would also provide vessel
owners and operators with more flexibility to schedule required
inspections and reduce paperwork associated with these inspections.
Sections 133.45, 169.245, and 199.45.
In Secs. 133.45, 169.245, and 199.45, we propose adding the terms
``and periodic inspection'' to require tests and inspections of
lifesaving equipment at the inspection for certification and periodic
inspection. We are proposing these changes to align with the
international standards provided in SOLAS. These changes would also
provide vessel owners and operators with more flexibility to schedule
required inspections and reduce paperwork associated with these
inspections.
Section 134.120.
In Sec. 134.120, we propose adding the terms ``and periodic
inspection'' to require tests and inspections of liftboat jacking
systems, liftboat legs, liftboat leg pads, arrangements for the supply
of water to fire mains, and items listed in 46 CFR 126.430 at the
inspection for certification and periodic inspection. We are proposing
these changes to align with the international standards provided in
SOLAS. These changes would also provide vessel owners and operators
with more flexibility to schedule required inspections and reduce
paperwork associated with these inspections.
Section 169.239.
In Sec. 169.239, we propose adding the terms ``and periodic
inspection'' to require tests and inspections of the hull structure and
its appurtenances at the inspection for certification and periodic
inspection. We are proposing these changes to align with the
international standards provided in SOLAS. These changes would also
provide vessel owners and operators with more flexibility to schedule
required inspections and reduce paperwork associated with these
inspections.
Section 169.241.
We propose amending Sec. 169.241 to require examinations and tests
of the engine starting system, engine control mechanism, auxiliary
machinery, fuel systems, sea valves and bulkhead closure valves, and
bilge and drainage systems at the periodic inspection and the
inspection for certification. We are proposing these changes to align
with the international standards provided in SOLAS. These changes would
also provide vessel owners and operators with more flexibility to
schedule required inspections and reduce paperwork associated with
these inspections.
Section 169.243.
We propose amending Sec. 169.243 to require examinations and tests
of the electrical cable, overload or circuit protective devices,
rotating machinery, the fire detection and alarm system, storage
batteries, and generators at the periodic inspection and the inspection
for certification. We are proposing these changes to align with the
international standards provided in SOLAS. These changes would also
provide vessel owners and operators with more flexibility to schedule
required inspections and reduce paperwork associated with these
inspections.
Section 169.251.
In Sec. 169.251, we propose adding the terms ``and periodic
inspection'' to require inspections and operational tests of the
steering apparatus at the inspection for certification and periodic
inspection. These tests determine whether the steering apparatus is in
satisfactory condition and fit for the service intended. We are
proposing these changes to align with the international standards
provided in SOLAS. These changes would also provide vessel owners and
operators with more flexibility to schedule required inspections and
reduce paperwork associated with these inspections.
Section 169.253.
In Sec. 169.253 we propose adding the terms ``and periodic
inspection'' to require examinations and tests of the ship's outfit,
such as ground tackle, navigation lights, and compass, at the same
intervals as the inspection for certification. These tests determine
whether the ship's outfit is in satisfactory condition and fit for the
service intended. We are proposing these changes to align with the
international standards provided in SOLAS. These changes would also
provide vessel owners and operators with more flexibility to schedule
required inspections and reduce paperwork associated with these
inspections.
Section 169.257.
In Sec. 169.257, we propose adding the terms ``periodic
inspection'' and ``annual inspection'' to require the vessel owner or
operator to correct any unsafe practices and hazardous situations
observed by the marine inspector during all vessel inspections. We also
propose removing the term ``reinspection.'' We are proposing these
changes to align with the international standards provided in SOLAS.
These changes would also provide vessel owners and operators with more
flexibility to schedule required inspections and reduce paperwork
associated with these inspections.
Section 189.25-47.
In Sec. 189.25-47, we propose adding the term ``and periodic
inspection'' to require inspections for chemical and explosive hazards
at the inspection for certification and periodic inspection. We are
proposing these changes to align with the international standards
provided in SOLAS. These changes would also provide vessel owners and
operators with more flexibility to schedule required inspections and
reduce paperwork associated with these inspections.
Section 195.11-15.
We propose revising Sec. 195.11-15 to require inspection of
accommodation, power and chemical stores vans during each inspection
for certification and periodic inspection. Currently, Sec. 195.11-15
requires these inspections at 2-year intervals. We are proposing these
changes to align with the international standards provided in SOLAS.
(j) Application for Annual Inspection of Passenger Vessels and Nautical
School Ships
Sections 71.25-5, 115.404, 167.15-20, and 176.404.
Under 46 U.S.C. 3309, we propose requiring in Secs. 71.25-5,
115.404, 167.15-20, and 176.404 that an application for the annual
inspection must be submitted at least 30 days before the current COI
expires.
Currently, subchapter H passenger vessels, nautical school vessels
inspected under 46 CFR 167.15, and subchapters T and K small passenger
vessels on international voyages are required to have a 1-year COI.
These vessels would continue to obtain and
[[Page 62026]]
maintain 1-year COIs and would undergo an inspection for certification
each year. Subchapter H passenger vessels need to be inspected more
frequently to ensure vessel and passenger safety due to the number of
passengers carried and the increased risk associated with international
voyages. Nautical school ships also need to be inspected more often due
to the lack of experience of the students on board. Also, 46 U.S.C.
3307 requires small passenger vessels (subchapters T and K) carrying
more than 12 passengers on an international voyage to undergo an
inspection for certification each year.
Alternate Hull Examination (AHE) Program.
The Coast Guard conducts hull examinations on all inspected
passenger vessels to evaluate their seaworthiness and to ensure overall
passenger safety. Currently, as required by regulations, these
examinations are conducted in drydock; however, many vessels on inland
rivers are unable to reach these facilities without significant
hardship. Because of advances in technology, the Coast Guard has
determined that an underwater hull examination, coupled with a thorough
internal structural examination, offers a safe and reasonable
alternative to drydocking for vessels operating exclusively in ``low
risk'' environments. Low risk environments are described in the
discussion of eligibility requirements below. Based on this conclusion,
the AHE Program was developed.
This proposed rule would establish the AHE Program in regulation.
The program would allow for drydock extensions for up to 30 or 60
months, depending on the method you choose, for qualifying passenger
vessels inspected under 46 CFR subchapters H, K, or T. This program
would allow these vessels to undergo an indefinite number of alternate
hull examinations instead of traditional drydock examinations.
(a) General
The proposed rule contains organizational and editorial changes to
the regulations for the AHE Program.
Sections 71.50-5, 115.600, and 176.612.
We propose redesignating Secs. 71.50-5, 115.600, and 176.612 as
Secs. 71.50-35, 115.605, and 176.665, respectively. Also, we propose
redesignating Secs. 115.612, 115.630, 115.675, 176.612, 176.630, and
176.670 as Secs. 115.665, 115.670, 115.675, 176.665, 176.670, and
176.675. The proposed rule would add several new sections for the AHE
Program and the Underwater Survey Program. These proposed
organizational changes would keep similar requirements together.
Sections 71.50-35, 115.665, and 176.665.
We propose adding the words ``underwater survey'' in the newly
redesignated Secs. 71.50-35, 115.665, and 176.665. This change would
ensure that each vessel would have a plan on board that shows the
vessel's scantlings whenever the vessel undergoes an examination,
survey, or repairs. Vessel scantlings are dimensions of structural
parts such as frames, girders, and plating used in shipbuilding. We
propose adding the option of an underwater survey as part of the AHE
Program for subchapters H, K, and T.
(b) Definitions
Sections 71.50-1, 115.600, and 176.600.
We propose amending the definitions for ``drydock examination'' and
``internal structural examination,'' and adding the definition of
``underwater survey'' in Sec. 71.50-1. We propose adding the
definitions for ``drydock examination,'' ``internal structural
examination,'' and ``underwater survey'' in Secs. 115.600, and 176.600.
These definitions would apply to subchapters H, K, and T. We propose
adding the term ``appurtenances'' that was missing from the definition
of ``drydock examination.'' The following are examples of
appurtenances: sea chests, propellers, rudders, and tailshafts. We
propose removing the paragraph designations from all definitions within
all 3 sections. We propose adding the definition of ``underwater
survey'' to introduce and clarify this examination process in our
regulations.
(c) AHE Program Description
Sections 71.50-15, 115.620, and 176.620.
We propose adding Secs. 71.50-15, 115.620, and 176.620 to explain
the AHE Program for certain passenger vessels and list the four steps
of the program: the application process, the preliminary examination,
the pre-survey meeting, and the hull examination. The hull examination
includes an underwater survey that may be conducted with divers or an
underwater remotely operated vehicle (ROV). If divers are exclusively
used for the underwater survey portion of the AHE examination process,
you may receive an extension of up to 30 months. If a Coast Guard-
accepted underwater ROV is used, you may receive an extension of up to
60 months (5 years).
(d) Eligibility Requirements
Sections 71.50-17, 115.625, and 176.625.
We propose adding Secs. 71.50-17, 115.625, and 176.625 that contain
eligibility requirements for the AHE Program and include construction,
operation, and vessel condition requirements. To qualify for enrollment
in the AHE Program, vessels must--
Be constructed of steel or aluminum;
Have an adequate hull protection system;
Have operated exclusively in fresh water since the last
drydock examination;
Operate in rivers or protected lakes; and
Operate within 0.5 nautical miles from shore, or operate
in water shallow enough so the vessel itself can provide adequate safe
refuge for all persons on board in the event of a hull breech. To
determine whether your vessel can provide adequate safe refuge you must
consider its stability and physical space.
In addition, the OCMI must accept the vessel's overall condition,
history of hull casualties and deficiencies, and the AHE Program
application.
Vessels that meet these criteria face much lower safety risks
compared to vessels that operate in salt-water and vessels constructed
of wood or fiberglass.
In paragraph (a)(2) in each of these sections, an ``adequate hull
protection system'' means a method of protecting the vessel's hull from
corrosion. Frequently, this is accomplished by the application of a
combination of hull coatings and cathodic protection (usually zincs).
(e) Application Requirements
Sections 71.50-19, 115.630, and 176.630.
We propose adding Secs. 71.50-19, 115.630, and 176.630 that contain
the AHE Program application requirements for vessels that meet the
eligibility criteria for this program. These sections establish when
and to whom the vessel owner or operator must submit an application,
and what information the application must contain. The application must
be in the form of a letter and must include--
The time and place for conducting the hull examination;
The names of the diving contractors or the underwater ROV
company;
Plans and drawings of the vessel;
Information on the condition of the vessel;
Plans for conducting the hull examination;
[[Page 62027]]
Plans for the annual condition assessment;
Plans for conducting preventative hull maintenance; and
The name and qualifications of third-party examiners (if
applicable).
The annual hull condition assessment is required to ensure periodic
evaluation of the vessel's hull condition. It should include an
abbreviated survey (spot check) of the vessel's underwater hull,
including its protection system and through-hull fittings and
appurtenances, any repairs that have been made, and any suspect areas
of the hull. This would also give you an opportunity to complete any
necessary preventative maintenance such as replacement of zincs and
repair of hull coatings.
The AHE Program is recognized to be time and resource intensive for
the Coast Guard when compared to the traditional drydock examination
process, particularly when divers are used exclusively for the
underwater hull survey. We introduce the ``third-party examiner'' in
this proposed rulemaking (as allowed in 46 U.S.C. 3103) to enable the
Coast Guard to use its resources more effectively. The third-party
examiner is an individual who has been hired by the vessel owner or
operator, and accepted by the OCMI, to oversee the entire examination
process under the AHE Program. This person must be familiar with the
inspection procedures and his or her responsibilities under this
program.
(f) Preliminary Examination Requirements
Sections 71.50-21, 115.635, and 176.635.
We propose adding Secs. 71.50-21, 115.635, and 176.635 that contain
requirements regarding the preliminary examination (if required) and
the presence of the third-party examiner. During this exam, divers must
assess the overall condition of the vessel's hull and identify specific
concerns to be addressed during the underwater hull examination. The
preliminary examination is not required when an underwater ROV is used.
(g) Pre-Survey Meeting
Sections 71.50-23, 115.640, and 176.640.
We propose adding Secs. 71.50-23, 115.640, and 176.640 that contain
requirements for the pre-survey meeting in which the details of the
examination process of the AHE Program are discussed with the OCMI. A
vessel owner or operator must request this meeting in writing at least
30 days in advance of the proposed examination date. The pre-survey
meeting must take place 2 weeks before the examination.
(h) AHE Procedure
Sections 71.50-25, 115.645, and 176.645.
We propose adding Secs. 71.50-25, 115.645, and 176.645 that contain
requirements for conducting the underwater survey. To complete the
underwater survey you must--
Perform a general examination of the underwater hull
plating and a detailed examination of all hull welds, propellers,
tailshafts, rudders, and other hull appurtenances;
Measure rudder and tailshaft bearing clearances and
examine all sea chests;
Remove and inspect all sea valves in the presence of a
marine inspector;
Remove all passengers from the vessel when the sea valves
are being examined, if required by the Officer in Charge, Marine
Inspection;
Allow access to all internal areas of the hull for
examination; and
Meet the procedural requirements for divers or underwater
ROVs in Secs. 71.50-27, 115.650, and 176.650.
In paragraph (a)(4) of these sections, the OCMI may require removal
of all passengers from the vessel during the examination of sea valves.
Removal of passengers is likely to occur if there is a risk to the
watertight integrity of the hull or an inability to keep the essential
machinery in operation. The marine inspector may examine any areas of
the vessel the OCMI deems necessary to ensure the safety of passengers
and crew. In the event that damage or potential problems are found, the
OCMI may require the vessel to be taken out of service or dry-docked.
For example, if the vessel had a grounding, an allision, collision, or
if structural damage was suspected for any reason, the OCMI may require
the vessel to be dry-docked to examine the damage.
(i) AHE Program options: Divers or Underwater ROV
Sections 71.50-27, 115.650, and 176.650.
We propose adding Secs. 71.50-27, 115.650, and 176.650 that include
the requirements of the two options, divers or an underwater ROV, to
conduct the underwater survey.
The proposed rule would require the use of a third-party examiner
when divers are used exclusively for the underwater examination of hull
plating. The proposed rule would also require appropriate underwater
audio and video equipment to record the examination when divers are
used. We recommend a maximum water velocity of 1 knot for safe dive
operations unless divers are line-tended as provided for in 46 CFR
197.430.
If divers are used exclusively for the underwater survey portion of
the AHE Program, a third-party examiner must observe the entire
examination process. By requiring the use of a third-party examiner,
Coast Guard marine inspectors would need to be present only during
critical portions of the examination process such as--
Examination of critical welds, propeller, rudder, other
hull appurtenances, sea chests, and sea valves;
Plugging of sea chests and the removal of sea valves;
Gauging of rudder and tailshaft bearings; and
Any other portions deemed necessary by the OCMI.
Since the entire underwater survey is recorded on video, the OCMI
may review, as necessary, any details that were not observed at the
time of survey in order to support his or her drydock extension
recommendation.
If an underwater ROV is used for the examination of hull plating,
the presence of a third-party examiner is not required because the ROV
operator will take the place of a third-party examiner during the
underwater survey, which is the most time-intensive portion of the AHE
examination process. We recognize that divers would be used for the
portions of the underwater survey that the underwater ROV is incapable
of covering. Depending on the vessel's hull configuration, the
underwater ROV may not be able to access as much as 10 to 20 percent of
the vessel's hull plating. In addition, divers would be used to examine
sea valves, sea chests, hull appurtenances, and rudders. A Coast Guard
marine inspector would normally be present during these portions of the
examination regardless of whether a third-party examiner is present.
The additional time required of the Coast Guard inspectors would be
negligible and would not justify requiring a third party examiner to be
present during those portions of the survey when divers are used.
Current ROV technology available to the marine industry includes
underwater inspection vehicles with integrated non-destructive testing
(NDT) sensors, high-resolution video systems, acoustic navigation and
positioning systems, and data management systems with digital
recording. Such systems are capable of capturing detailed, quantifiable
data on hull plating thickness, coating thickness, coating condition,
cathodic protection field, plating discontinuities (crack detection),
[[Page 62028]]
and hull form analysis. With the use of acoustic navigation and
positioning systems, all survey data can be correlated to an exact
position (within a few inches) on the vessel's hull, which provide
permanent, repeatable results, for long-term trend analysis. Along with
video imaging of the survey, inspection reports generated by digital
data analysis can include color visualizations (maps) of the vessel's
hull that indicate plating thickness (or wastage), coating thickness,
and cathodic protection.
If you choose to use an underwater ROV, the design, equipment
specifications, results-reporting capabilities, operator
qualifications, and quality assurance methods must be accepted by the
Commandant (G-MOC). Additionally, the underwater ROV must undergo at
least one operational test before acceptance. Once accepted, the ROV
system may be employed on any Coast Guard-inspected vessel enrolled or
seeking entrance into the AHE Program. This acceptance would be valid
for an indefinite period of time, unless revoked by the Commandant.
Because modern underwater ROV technology offers a hull examination
process far superior to traditional underwater survey methods, and at
least equivalent to hull examinations conducted in drydock, a 60 month
(5-year) hull examination interval is proposed when an Underwater ROV
is used in the AHE process. A 5-year interval would be in line with the
current drydock examination interval required by regulations for
passenger vessels operating in fresh water.
(j) Reports
Sections Sec. 71.50-29, 115.655, and 176.655.
We propose adding Secs. 71.50-29, 115.655, and 176.655 that provide
requirements for the hull examination report. The OCMI would evaluate
the hull examination report and submit it along with his or her
recommendation to the Commandant (G-MOC).
If divers are used exclusively to examine the underwater hull
plating, you must provide a written report to the OCMI. This report
must include thickness gauging results, bearing clearances, a copy of
the audio and video recordings, and any other information that will
help the OCMI evaluate your vessel for a drydock extension. The third-
party examiner must sign the report and confirm the validity of its
contents. By signing the report, the third-party examiner confirms that
the results of the report are true and accurate. If you used divers
exclusively to examine the hull plating and the report is approved, you
will receive a drydock extension of up to 30 months. If your report is
not approved, the OCMI may require your vessel to be dry-docked to
ensure passenger safety.
When an underwater ROV is used to examine the hull plating, you
must provide a report to the OCMI in a format acceptable to the
Commandant (G-MOC). If the underwater ROV report is approved, you will
receive a drydock extension of up to 60 months. If your report is not
approved the OCMI may require your vessel to be drydocked to ensure
passenger safety.
(k) Continued Participation
Sections Sec. 71.50-31, 115.660, and 176.660.
We propose adding Secs. 71.50-31, 115.660, and 176.660 that
establish the requirements for continued participation in the AHE
Program. To continue to participate in the AHE Program, the proposed
rule would require you to--
(a) Conduct an annual hull condition assessment that evaluates your
vessel's hull, through-hull fittings and appurtenances and provides
ultrasonic test results of high risk areas of the vessel's hull;
(b) Conduct preventive maintenance which must include--
(1) Inspection and replacement (as needed) of zinc anodes;
(2) Inspection and cleaning (as needed) of the underwater hull;
(3) Inspection and maintenance of the rudder and shaft seals;
(4) Inspection and operational testing of sea valves; and
(5) Flushing of sea chests and sea strainers; and
(c) Submit the results of your preventive maintenance plan and hull
condition assessment report to the Officer in Charge, Marine
Inspection, annually.
These reports must conform to the plans that you submitted in the
application and may be in the form of reports or checklists, whichever
format is more effective.
Participating in the AHE Program is entirely voluntary. Once a
vessel enters the program, it may receive an indefinite number of
drydock extensions; however, the OCMI may require it to be dry-docked
if the examination process of the AHE Program is deemed inadequate for
evaluating its hull condition or if out-of-water repairs are necessary.
Underwater Survey Program
The proposed rule would provide owners and operators of U.S.
passenger vessels, nautical school ships, and sailing school vessels
with steel or aluminum hulls (inspected under 46 CFR subchapters H, K,
R, and T) the option of alternating an underwater hull survey with a
drydock examination. In addition, it would establish vessel
qualifications for the Underwater Survey Program.
In conjunction with this proposed rule, the Coast Guard would
update NVIC 1-89 entitled ``Underwater Survey Guidance'' to include
passenger vessels, nautical school ships, and sailing school vessels
and to incorporate the option of using an underwater ROV instead of
divers to examine the underwater hull plating.
If you choose to use an underwater ROV, the design, equipment
specifications, results-reporting capabilities, operator
qualifications, and quality assurance methods must be accepted by the
Commandant (G-MOC). Additionally, the underwater ROV must undergo at
least one operational test before acceptance witnessed by the Coast
Guard. Once accepted, the ROV system may be employed on any Coast
Guard-inspected vessel enrolled or seeking entrance into the Underwater
Survey Program. This acceptance would be valid for an indefinite period
of time, unless revoked by the Commandant.
(a) General
The proposed rule contains organizational and editorial changes to
the regulations for the Underwater Survey Program.
Sections Sec. 167.15-35 and 169.233.
We propose to add the term ``underwater survey'' to Secs. 167.15-35
and 169.233. This change would require each vessel and barge to have a
plan on board showing the vessel's scantlings during each underwater
survey.
(b) Definitions
Sections 167.15-27 and 169.231.
We propose adding the definition of ``underwater survey'' in
Secs. 167.15-27 and 169.231. We propose adding the definition of
``underwater survey'' to introduce and clarify this examination process
in subchapter R.
(c) Examination Intervals
Sections 71.50-3, 115.605, 167.15-30, 169.229, and 176.605.
In Secs. 71.50-3, 115.605, 167.15-30, 169.229, and 176.605, we
propose revising the requirements for the drydocking and internal
structural examination intervals to allow the option to participate in
an underwater survey for qualifying passenger vessels, nautical school
ships, and sailing school vessels. The proposed revisions in
Secs. 71.50-3, 115.605, and 176.605 provide the underwater survey
option
[[Page 62029]]
for passenger vessels on international voyages and passenger vessels
not operated on international voyages. In Sec. 167.15-30, the proposed
revision would allow nautical school ships operating in fresh and salt
water the option to have an underwater survey instead of drydocking. In
Sec. 169.229, the proposed revision would allow sailing school vessels
operating in fresh and salt water the option to have an underwater
survey instead of drydocking.
(d) Vessel Qualifications and Application
Sections 71.50-5, 115.615, 167.15-33, 169.230, and 176.615.
We propose adding Secs. 71.50-5, 115.615, 167.15-33, 169.230, and
176.615 to establish requirements for vessels to qualify for an
underwater survey instead of a drydock examination at alternating
intervals. The OCMI may approve an underwater survey for a vessel if it
is less than 15 years of age and, if it meets the structural and
operational requirements of these sections. A vessel over 15 years of
age may also qualify for an underwater survey, if the results of hull
gaugings taken at the drydock examination preceding the proposed
underwater survey find no appreciable deterioration and the OCMI
provides a recommendation to the Commandant (G-MOC). The OCMI would
notify the vessel owner or operator of approval. These sections also
outline the application contents and submission requirements for an
underwater survey.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT)(44 FR 11040;
February 26, 1979). A draft Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT follows:
Frequency of Inspection
This portion of the rulemaking affects a total of 10,973 vessels.
Potential benefits of this proposal include--
A harmonized inspection system enabling vessel owners and
operators to receive their COI, SOLAS certificates, and Load Line
Certificates simultaneously;
Increased flexibility for vessel owners and operators by
establishing up to a 3 month window on either side of the COI
anniversary date in which to conduct inspections; and
A reduction in the burden placed on vessel owners by
requiring less time expended on inspections. We have identified 5,531
vessels (freight barges, freight ships, mobile offshore drilling units,
industrial vessels, oceanographic research vessels, offshore supply
vessels, sailing school vessels, seagoing towing vessels, tank barges,
and tank ships) that would be required to change from a 2-year to a 5-
year inspection interval. For the next 30 years, we estimate an annual
burden reduction of 35 minutes per vessel. We have also identified
5,442 small passenger vessels that would change from a 3-year to a 5-
year inspection interval; for the next 30 years, we estimate an annual
burden reduction of 13.5 minutes per vessel.
We considered whether this proposed rule would have an impact on
the currently assessed annual vessel inspection fees. The Coast Guard
considers the impact to be minimal; and therefore, have a negligible
effect on the annual vessel inspection fee schedule. Accordingly, this
rule does not change annual vessel inspection fees. However, we will
initiate a rulemaking in 2000 that will reassess annual vessels
inspection fees, and will account for all market condition changes.
Although this rulemaking proposes a restructuring of the inspection
process, vessels would continue to be inspected once per year.
Alternate Hull Examination (AHE) Program
Certain passenger vessels, operating on restricted inland
waterways, experience higher drydocking costs compared to vessels with
convenient access to drydock facilities. These costs are related to the
hull inspection process (e.g., lost revenue during transit to and from
drydock facilities and time out of water). However, some of these
vessels are at a lower risk for hull stress due to these operating
environments. To alleviate this cost burden, we propose to offer the
AHE Program as an option to drydock examinations. These alternatives
may, in applicable cases, be less costly for owners or operators than
drydocking. No costs are associated with this component of the
rulemaking. Each vessel owner is given the option to choose the most
cost-effective hull examination process. There are 51 passenger vessels
that would be able to take advantage of the increased flexibility of
this proposed rule.
Underwater Survey Program
The Underwater Survey Program would increase hull inspection
flexibility for U.S. passenger vessel, nautical school ship, and
sailing school vessel owners or operators. This program allows a vessel
to undergo an underwater survey instead of a drydock examination and is
currently available to most other classes of inspected vessels.
Due to the success of the Underwater Survey Program with these
other vessel types, and the advanced underwater survey technology now
available, the Coast Guard proposes that passenger vessel owners or
operators have the option to alternate between underwater surveys and
drydock examinations. There are no additional costs to the vessel
owners or operators with this component of the rulemaking. Use of
underwater surveys is completely voluntary and would only be undertaken
if deemed cost effective by the vessel owner. There are 5,670 vessels
that would be able to take advantage of the increased flexibility of
this proposed rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule would not increase costs to any of the affected
vessels and, therefore, would not increase cost to small entities. We
estimate this rule would slightly reduce their burden by requiring less
time expended on inspections. It would also add flexibility by allowing
alternative means for conducting drydock examinations. The anticipated
benefits of this rulemaking to small entities would be as follows:
Frequency of Inspection
Requiring a COI certificate once every 5 years instead of
every 2 or 3 years would reduce the collection-of-information burden
for all portions of the affected populations of the industry, including
small entities. We determined that this rule would reduce the
collection-of-information burden over a 30-year period.
The inspection cycle would align better with international
standards,
[[Page 62030]]
enabling vessel owners and operators to complete several major
inspections and surveys at the same time. This allows small businesses
to reduce their inspection cost and increase their productivity.
Requiring annual inspections that are less time consuming
would reduce the number of total inspection hours per vessel. The
purpose of annual inspections is to examine specific areas of concern
on vessels between the COI and periodic inspections.
The inspection cycle for small passenger vessels (changing
from a 3-year to a 5-year inspection for certification interval) would
not include a periodic inspection. After careful consideration, we
determined that periodic inspections for small passenger vessels would
have increase industry's burden for each inspection by an estimated 7
minutes per vessel annually. Therefore, the proposed rule would only
require COI and annual inspections, reducing the inspection burden for
all small passenger vessels.
AHE Program
These regulatory options would reduce the inspection burden for
vessels that must travel a great distance to drydock while providing an
equivalent level of safety as drydock hull examinations. In cases where
it is cost efficient for the vessel owner, these options would greatly
decrease the amount of time and resources associated with a traditional
drydock inspection and would therefore be beneficial to small entities.
Because each vessel owner or operator experiences varying transit
distances and financial impact, each owner should assess these factors
on an individual basis.
Underwater Survey Program
This voluntary regulatory option would align U.S. passenger vessel
regulations with international standards. This alignment would help the
owners and operators of U.S. passenger vessels by granting them the
same flexibility given to other vessel classes for conducting drydock
examinations. By preventing significant delays and revenue loss, this
option would be more cost-effective than traditional drydock
examinations for small entities that wish to participate in this
voluntary option.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. No data is available at this time
to determine how many of the vessels affected by this proposed rule are
small entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment to the Docket Management Facility at the address under
ADDRESSES. In your comment, explain why you think it qualifies and how
and to what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. James W. Cratty, Office of
Standards Evaluation and Development (G-MSR-2), 202-267-6742.
Small entities may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with Federal
regulations, to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This proposed rule would call for two collections of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As
defined in 5 CFR 1320.3(c), ``collection of information'' comprises
reporting, recordkeeping, monitoring, posting, labeling, and other
similar actions. The titles and descriptions of the collection of
information, descriptions of those who must collect the information,
and estimates of the total annual burden, follow. Estimates cover the
time for reviewing instructions, searching existing sources of data,
gathering and maintaining the data needed, and completing the reviewing
collection.
The information collection requirements of this proposed rule are
addressed in the previously approved OMB collections 2115-0007, and
2115-0133.
OMB Collection 2115-0007
Title: Application for Vessel Inspection and Waiver.
Summary of the Collection of Information: The frequency of
inspection portion of this proposed rule would require vessel owners
and operators to change the frequency in which they send an
``Application for Inspection of U.S. Vessel (CG-3752)''. These changes
revise the previously approved OMB Collection 2115-0007. This
collection of information would be affected by proposed changes in the
following sections: 46 CFR 31.01-15, 91.25-5, 126.420, 169.205, and
189.25-5.
Need for Information: This rulemaking would reduce the paperwork
burden for affected vessels. Vessel owners or operators would be
required to send an application (CG-3752) to schedule an inspection for
renewal of a Certificate of Inspection once every 5 years, rather than
every 2 or 3 years.
Proposed Use of Information: The application provides the Coast
Guard with basic vessel information which is necessary for the initial
planning and scheduling of inspection.
Description of the Respondents: This rule would affect respondents
who previously had 2 or 3-year inspection intervals for their vessel's
Certificate of Inspection (COI). This rule would implement a 5-year
inspection interval. Previous 2-year COI vessel classes include freight
barges, freight ships, industrial vessels, mobile offshore drilling
units, oceanographic research vessels, offshore supply vessels,
seagoing tows, tank barges, and tank ships. Previous 3-year COI vessel
classes include small passenger vessels.
Number of Respondents: The total number of respondents for the
collection as submitted to OMB is 11,221. The regulation would affect
10,973 respondents that currently have 2 or 3-year inspection
intervals.
Frequency of Response: For the entire collection, we anticipate
2,443 total annual responses. Vessel owners will need to respond once
per COI period. Completing and mailing the application constitutes a
response. The Coast Guard anticipates that 2,195 vessels per year will
get new COIs under the new 5-year inspection interval (10,973
respondents affected by this rule / 5 years).
Burden of Response: We estimate that this collection of information
would place a burden of 613 hours. The annual hour burden created by
this regulation for vessels with 5-year COIs would be 549 hours (2,195
COI/Year x 0.25 hours). We expect operators to need 15 minutes at
most to complete and mail the application.
Estimate of Total Annual Burden: There would be a total annual
burden of
[[Page 62031]]
$24,500. The annual burden attributed to this rulemaking for vessels
with a 5-year COI would be $21,960 (549 hours x the private industry
wage rate of $40 per hour).
OMB Collection 2115-0133
Title: Various Forms and Posting Requirements Under Title 46 CFR
Concerning Vessel Inspections.
Summary of the Collection of Information: This proposed rule would
require vessel owners and operators to change the frequency in which
they post COIs on vessels and apply for participation in AHE and
Underwater Survey Programs. These changes revise and amend the
previously approved OMB Collection 2115-0133.
This collection of information would be affected by proposed
changes in the following sections:
Frequency of Inspection. 46 CFR 31.05-10, 91.01-10, 107.211,
115.107, 126.250, 169.207, 176.107, and 189.01-10.
AHE Program. 46 CFR 71.50-19, 115.630, and 176.630.
Underwater Survey Program. 46 CFR 71.50-5, 115.615, 167.15-33,
169.230 and 176.615.
Need for Information:
Frequency of Inspection. This rulemaking would reduce the paperwork
burden for affected vessels. Vessel owners or operators would renew
Certificates of Inspection once every 5 years, rather than every 2 or 3
years. A Certificate of Inspection is necessary to allow a Coast Guard
inspector to evaluate the condition of a specific vessel and to ensure
it is fit for the service for which it is intended.
AHE Program. The application for underwater hull inspection would
provide the Officer in Charge, Marine Inspection (OCMI) with
information necessary to determine if a vessel is eligible for the AHE
Program. The application includes a preventative maintenance plan and a
hull condition assessment plan.
Underwater Survey Program. Passenger vessels, nautical school
ships, and sailing school vessels with steel or aluminum hulls may be
considered for an alternative underwater survey instead of drydocking
examinations, provided the vessel is fitted with an effective hull
protection system and meets certain requirements. Depending on the age
of the vessel, owners must apply to the OCMI or Commandant (G-MOC) for
approval of underwater surveys instead of drydock examinations for each
vessel. This is a voluntary collection of information, which is
intended to allow greater flexibility for owners of passenger vessels.
In addition, this underwater survey option would align U.S. regulations
with international standards.
Proposed Use of Information:
Frequency of Inspection. The Coast Guard uses the COI to evaluate
the condition of a specific vessel and to ensure it is fit for the
service for which it is intended.
AHE Program. The application for underwater hull inspection
provides the OCMI with information necessary to determine if a vessel
is eligible for the AHE Program.
Underwater Survey Program. The underwater survey application
provides the OCMI information to determine if an underwater survey is
sufficient to replace a drydock hull inspection.
Description of the Respondents:
Frequency of Inspection. This rule would affect respondents who
previously had 2-year and 3-year COI interval. The rule would implement
a 5-year inspection interval. Previous 2-year COI vessel classes
include freight barges, freight ships, industrial vessels, MODUs,
oceanographic research vessels, offshore supply vessels, seagoing tows,
tank barges, and tank ships. Previous 3-year COI vessel classes include
small passenger vessels.
AHE Program. The affected respondents are qualifying passenger
vessels that operate exclusively on restricted, low-risk environments.
Underwater Survey Program. The affected respondents for this
voluntary inspection process are all U.S. subchapter H, K, R, or T
vessels, with steel or aluminum hulls.
Number of Respondents:
The total number of respondents for the collection as submitted to
OMB is 13,121. The affected respondents by this rule are detailed
below.
Frequency of Inspection. There are 11,213 vessels that have
Certificates of Inspection. The regulation would affect 10,973
respondents that currently have 2 or 3-year inspection intervals.
AHE Program. We anticipate that 51 respondents would choose to take
advantage of this program.
Underwater Survey Program. We anticipate that 85 respondents would
choose to take advantage of this program.
Frequency of Response:
For the entire collection, we anticipate total annual responses of
3,384.
Frequency of Inspection. Vessel owners would need to respond once
per COI period. The posting of the certificate constitutes a response.
The Coast Guard anticipates that 2,195 vessels would get new COIs per
year under the new 5-year inspection interval (10,973 respondents/5
years).
AHE Program. The Coast Guard expects the owners of 20 vessels to
apply for participation in the AHE Program per year.
Underwater Survey Program. The Coast Guard expects the owners of 43
vessels to apply per year for underwater surveys.
Burden of Response:
Frequency of Inspection. The annual hour burden created by this
regulation would be 1,098 hours (2,195 COI per year x 0.5 hours). We
expect operators to need 30 minutes to post the certificate on each
ship.
AHE Program. We expect 20 extension applications per year. Each
application is expected to place a burden of two hours including
research and legal review. Therefore, on average there would be a 40
annual hour burden (20 applications per year x 2 hours per
application).
Underwater Survey Program. We expect 43 applications for underwater
surveys per year. Each application would place a burden of two hours
including research and legal review. Therefore, on average there would
be an 86 annual hour burden (43 applications per year x 2 hours per
application).
Estimate of Total Annual Burden:
The annual burden attributed to this rulemaking is $48,960 (1,224
hours times the private industry wage rate of $40 per hour).
Public Comments on Collection of Information:
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this proposed rule to the Office
of Management and Budget (OMB) for its review of the collection of
information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become
[[Page 62032]]
effective, we will publish notice in the Federal Register of OMB's
decision to approve, modify, or disapprove the collection.
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
This rule deals exclusively with changing inspection intervals and
providing voluntary dry-docking alternatives for certain passenger
vessels. We considered the environmental impact of this proposed rule
and concluded that under figure 2-1, paragraph (34)(d), of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 52
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 98
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 110
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 114
Incorporation by reference, Marine safety, Passenger vessels,
Reporting and recordkeeping requirements.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 125
Administrative practice and procedure, 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 132
Fire prevention, Hazardous materials transportation, Marine safety,
Offshore supply vessels, Oil and gas exploration, Vessels.
46 CFR Part 133
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 134
Hazardous materials transportation, Marine safety, Offshore supply
vessels, Oil and gas exploration, Provisions for liftboats, Vessels.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 195
Marine Safety, Navigation (water), Oceanographic research vessels.
46 CFR Part 199
Cargo vessels, Incorporation by reference, Marine safety, Oil and
gas exploration, Passenger vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 2, 30, 31, 52, 61, 71, 90, 91, 98, 107, 110, 114,
115, 125, 126, 132, 133, 134, 167, 169, 175, 176, 188, 189, 195, and
199 as follows:
[[Page 62033]]
PART 2--VESSEL INSPECTIONS
1. Revise the authority citation for part 2 to read as follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3307,
3703; E.O. 12334, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46; subpart 2.45 also issued under the authority of Act Dec. 27,
1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note
prec. 1).
Sec. 2.01-3 [Amended]
2. In Sec. 2.01-3(a), remove the words, ``, but less than 60
days,''.
Sec. 2.01-5 [Amended]
3. In Sec. 2.01-5(a), remove paragraphs (a)(3) and (4).
Sec. 2.01-8 [Amended]
4. In Sec. 2.01-8(b), remove ``Sec. 176.35-1'' and add, in its
place, ``Secs. 115.900 and 176.900''.
5. In Sec. 2.01-25--
a. Remove paragraph (a)(1)(v) and redesignate paragraphs (a)(1)(vi)
through (viii) as paragraphs (a)(1)(v) through (vii), respectively;
b. In paragraph (b)(1), immediately following the words
``subchapter I (Cargo and Miscellaneous Vessels),'' add the words
``subchapter K (Small Passenger Vessels Carrying more than 150
Passengers or with overnight accommodations for more than 49
Passengers), subchapter L (Offshore Supply Vessels),''; and
c. Revise paragraphs (a)(4), (b)(2), (e)(2), and (f) to read as
follows:
Sec. 2.01-25 International Convention for Safety of Life at Sea, 1974.
(a) * * *
(4) The Federal Communications Commission will issue the following
certificates:
(i) Cargo Ship Safety Radio Certificate.
(ii) Exemption Certificate.
* * * * *
(b) * * *
(2) For vessels other than passenger vessels, you must contact the
local office of the Federal Communications Commission to apply for the
inspection concerning the issuance of a Cargo Ship Safety Radio
Certificate.
* * * * *
(e) * * *
(2) The Federal Communications Commission issues the Exemption
Certificate, which modifies the Cargo Ship Safety Radio Certificate.
(f) Availability of Certificates. The Convention certificates must
be on board the vessel and readily available for examination at all
times.
* * * * *
PART 30--GENERAL PROVISIONS
6. Revise the authority citation for part 30 to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3307, 3703; 49 U.S.C. 5103,
5106; 49 CFR 1.45, 1.46; Section 30.01-2 also issued under the
authority of 44 U.S.C. 3507; Section 30.01-5 also issued under the
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
7. Add Sec. 30.10-2a to read as follows:
Sec. 30.10-2a Anniversary date--TB/ALL.
The term anniversary date means the day and the month of each year,
which corresponds to the date of expiration of the Certificate of
Inspection.
PART 31--INSPECTION AND CERTIFICATION
8. Revise the authority citation for part 31 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 588013 CFR, 1980
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
49 CFR 1.46. Section 31.10-21 also issued under the authority of
Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.01-1 [Amended]
9. In Sec. 31.01-1(a), remove the words ``biennially, annually,''
and add, in their place, the words ``every 5 years''.
10. In Sec. 31.01-15, revise the section heading and paragraph (a)
to read as follows:
Sec. 31.01-15 Application for a Certificate of Inspection--TB/ALL.
(a) You must submit a written application for an inspection for
certification to the cognizant OCMI. To renew a Certificate of
Inspection, you must submit an application at least 30 days before the
expiration of the tank vessel's current Certificate of Inspection. When
renewing a Certificate of Inspection, you must schedule an inspection
for certification within 3 months before the expiration date of the
current Certificate of Inspection.
* * * * *
11. In Sec. 31.05-10, revise the section heading and paragraph (a)
to read as follows:
Sec. 31.05-10 Period of validity for a Certificate of Inspection--TB/
ALL.
(a) A Certificate of Inspection is valid for 5 years.
* * * * *
12. In Sec. 31.10-15, revise paragraph (a) and add paragraph (c) to
read as follows:
Sec. 31.10-15 Inspection for Certification--TB/ALL.
(a) After receiving an application for inspection, the OCMI will
inspect a tank vessel in his or her jurisdiction once every 5 years.
The OCMI will ensure that every tank vessel is of a structure suitable
for the carriage of flammable and/or combustible liquids in bulk and
for the proper grade or grades of cargo the vessel carries while in
service. If the OCMI deems it necessary, he or she may direct the
vessel to be put in motion, and may adopt any other suitable means to
test the tank vessel and its equipment.
* * * * *
(c) If the vessel passes the inspection for certification, the OCMI
will issue a new Certificate of Inspection.
13. Revise Sec. 31.10-17 to read as follows:
Sec. 31.10-17 Annual and periodic inspections--TB/ALL.
(a) Annual inspection. Your vessel must undergo an annual
inspection within 3 months before or after each anniversary date,
except as specified in paragraph (b) of this section.
(1) You must contact the cognizant OCMI to schedule an inspection
at a time and place which he or she approves. No written application is
required.
(2) The scope of the annual inspection is the same as the
inspection for certification but in less detail unless the cognizant
marine inspector finds deficiencies or determines that a major change
has occurred since the last inspection. If deficiencies are found or a
major change to the vessel has occurred, the marine inspector will
conduct an inspection more detailed in scope to ensure that the vessel
is in satisfactory condition and fit for the service for which it is
intended. If your vessel passes the annual inspection, the marine
inspector will endorse your vessel's current Certificate of Inspection.
(3) If the annual inspection reveals deficiencies in your vessel's
maintenance, you must make any or all repairs or improvements within
the time period specified by the OCMI.
(4) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
(b) Periodic inspection. Your vessel must undergo a periodic
inspection within 3 months before or after the second or third
anniversary of the date of your vessel's Certificate of Inspection.
This periodic inspection will take the place of an annual inspection.
(1) You must contact the cognizant OCMI to schedule an inspection
at a time and place which he or she approves. No written application is
required.
[[Page 62034]]
(2) The scope of the periodic inspection is the same as that for
the inspection for certification, as specified in Sec. 31.10-15(b). The
OCMI will ensure that the vessel is in satisfactory condition and fit
for the service for which it is intended. If your vessel passes the
periodic inspection, the marine inspector will endorse your vessel's
current Certificate of Inspection.
(3) If the periodic inspection reveals deficiencies in your
vessel's maintenance, you must make any or all repairs or improvements
within the time period specified by the OCMI.
(4) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
14. Add Sec. 31.10-17a to read as follows:
Sec. 31.10-17a Certificate of Inspection: Conditions of validity.
To maintain a valid Certificate of Inspection, you must complete
your annual and periodic inspections within the periods specified in
Sec. 31.10-17 (a) and (b) and your Certificate of Inspection must be
endorsed.
Sec. 31.10-18 [Amended]
15. In Sec. 31.10-18--
a. In paragraph (d), remove the words ``biennially by'' and add, in
their place, the words ``at the inspection for certification and the
periodic inspection by'' and remove the words ``Prior to the biennial
inspection'' and add, in their place, the words ``Before the inspection
for certification and periodic inspection'';
b. In paragraph (e), immediately following the words ``inspection
for certification'' add the words ``, periodic inspection,''; and
c. In paragraph (h), immediately following the words ``inspection
for certification'' add the words ``, periodic inspection,''.
Sec. 31.40-1 [Amended]
16. In Sec. 31.40-1, immediately following the words
``international voyage.'' add the words ``(See Sec. 30.01-6 of this
chapter.)''.
17. Revise Sec. 31.40-15 to read as follows:
Sec. 31.40-15 Cargo Ship Safety Radio Certificate--T/ALL.
Every tankship equipped with a radio installation on an
international voyage must have a Cargo Ship Safety Radio Certificate.
Each radio installation must meet the requirements of the Federal
Communication Commission and the International Convention for Safety of
Life at Sea.
18.-19. Revise Sec. 31.40-35 and its section heading to read as
follows:
Sec. 31.40-35 Availability of Certificates.
The Convention certificates shall be on board the vessel and
readily available for examination at all times.
20. Revise Sec. 31.40-40 to read as follows:
Sec. 31.40-40 Duration of Convention certificates--T/ALL.
(a) The following certificates are valid for a period of not more
than 60 months.
(1) A Cargo Ship Safety Construction Certificate.
(2) A Cargo Ship Safety Equipment Certificate.
(3) A Safety Management Certificate.
(4) A Cargo Ship Safety Radio Certificate.
(b) An Exemption certificate must not be valid for longer than the
period of the certificate to which it refers.
(c) A Convention certificate may be withdrawn, revoked, or
suspended at any time when it is determined that the vessel is no
longer in compliance with applicable requirements. (See Sec. 2.01-70 of
this chapter for procedures governing appeals.)
PART 52--POWER BOILERS
21. Revise the authority citation for part 52 to read as follows:
Authority: 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 52.01-50 [Amended]
22. 52.01-50(k)(1), immediately following the words ``inspection
for certification'' add the words ``, periodic inspection''.
PART 61--PERIODIC TESTS AND INSPECTIONS
23. Revise the authority citation for part 61 to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703;
E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p.277; 49 CFR 1.46.
Sec. 61.05-10 [Amended]
24. In Sec. 61.05-10, in Table 61.05-10, remove the letters
``COI'', wherever they appear, and add, in their place, the number
``2.5''; and, in footnote number 1 to Table 61.05-10, remove the words
``; where COI is used, the intervals coincide with the applicable
vessel's inspection for certification''.
25. In Sec. 61.10-5, revise paragraphs (c), (h), and (i) to read as
follows:
Sec. 61.10-5 Pressure vessels in service.
* * * * *
(c) Special purpose vessels. (1) If your vessel's Certificate of
Inspection is renewed annually, the following must be examined under
operating conditions at each inspection for certification: all tubular
heat exchangers, hydraulic accumulators, and all pressure vessels used
in refrigeration service.
(2) If your vessel's Certificate of Inspection is renewed less
often than annually, the following must be examined under operating
conditions twice every 5 years: all tubular heat exchangers, hydraulic
accumulators, and all pressure vessels used in refrigeration service.
(3) No more than 3 years may elapse between any examination and its
immediate predecessor.
* * * * *
(h) Pneumatic tests.
(1) Pressure vessels that were pneumatically tested before being
stamped with the Coast Guard Symbol must be examined internally twice
every 5 years and examined externally at each Inspection for
Certification. No more than 3 years may elapse between any external
examination and its immediate predecessor.
(2) For tanks whose design precludes a thorough internal or
external examination, the thickness must be determined by a
nondestructive method acceptable to the Officer in Charge, Marine
Inspection.
(3) If (due to the product carried) your vessel's inspection
intervals are prescribed in subchapter D (Tank Vessels), subchapter I
(Cargo and Miscellaneous Vessels), or subchapter I-A (Mobile Offshore
Drilling Units), you must comply with the pneumatic test regulations
there, instead of the ones in this section.
(i) Safety or relief valves on pressure vessels.
(1) If your vessel's Certificate of Inspection is renewed annually,
the marine inspector must check the settings of the safety or relief
valves on all pressure vessels, except cargo tanks, at each inspection
for certification.
(2) If your vessel's Certificate of Inspection is renewed less
often than annually, the marine inspector must check the settings of
the safety or relief valves on all pressure vessels, except cargo
tanks, twice every 5 years. No more than 3 years may elapse between any
check and its immediate predecessor.
(3) Cargo tank safety or relief valves must be checked at the
interval required in subchapter D (Tank Vessels) or subchapter I (Cargo
and Miscellaneous Vessels) of this chapter.
Sec. 61.15-5 [Amended]
26. In Sec. 61.15-5(c), immediately following the words
``inspection for
[[Page 62035]]
certification'' add the words ``for vessels whose Certificates of
Inspection are renewed each year. For other vessels, the setting must
be checked twice within any 5-year period, and no more than 3 years may
elapse between any check and its immediate predecessor''.
Sec. 61.15-10 [Amended]
27. In Sec. 61.15-10(a), remove the words ``and at each inspection
for certification'' and add, in their place, the words ``, at each
inspection for certification, and at each periodic inspection''.
Sec. 61.15-12 [Amended]
28. In Sec. 61.15-12(a), immediately following the words
``inspection for certification'' add the words ``and periodic
inspection''.
29. Revise Sec. 61.20-1(a) to read as follows:
Sec. 61.20-1 Steering gear.
(a) The marine inspector must inspect the steering gear at each
inspection for certification for vessels whose Certificate of
Inspections are renewed each year. For other vessels, the marine
inspector must inspect the steering gear twice within a 5-year period,
and no more than 3 years may elapse between any inspection and its
immediate predecessor. The marine inspector may inspect the steering
gear more often, if necessary.
* * * * *
Sec. 61.20-3 [Amended]
30. In Sec. 61.20-3, in paragraph (a), immediately following the
words ``inspection for certification'' add the words ``and periodic
inspection''; and, in paragraph (b), immediately following the words
``inspection for certification'' add the words ``and periodic
inspection''.
Sec. 61.30-15 [Amended]
31. In Sec. 61.30-15, immediately following the words ``inspection
for certification'' add the words ``, periodic inspection''.
Sec. 61.30-20 [Amended]
32. In Sec. 61.30-20, immediately following the words ``inspection
for certification'' add the words ``, periodic inspection''.
PART 71--INSPECTION AND CERTIFICATION
33. Revise the authority citation for part 71 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56
FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
34. Add Sec. 71.25-5(b) to read as follows:
Sec. 71.25-5 When made.
* * * * *
(b) You must submit your application for the annual inspection at
least 30 days before your current certificate of inspection expires.
35. Revise Sec. 71.50-1 to read as follows:
Sec. 71.50-1 Definitions relating to hull examinations.
As used in this part--
Drydock examination means hauling out a vessel or placing a vessel
in a drydock or slipway for an examination of all accessible parts of
the vessel's underwater body, and all through-hull fittings and
appurtenances.
Internal structural examination means an examination of the vessel
while afloat or in drydock and consists of a complete examination of
the vessel's main strength members, including the major internal
framing, the hull plating, voids, and ballast tanks, but not including
cargo or fuel oil tanks.
Underwater survey means the examination of the vessel's underwater
hull including all through-hull fittings and appurtenances, while the
vessel is afloat.
36. In Sec. 71.50-3 revise the section heading paragraph (a), and
the introductory text of paragraph (b) to read as follows:
Sec. 71.50-3 Drydock examination, internal structural examination, and
underwater survey intervals.
(a) If your vessel is operated on international voyages, it must
undergo a drydock and internal structural examination once every 12
months unless it has been approved to undergo an underwater survey per
Sec. 71.50-5.
(b) If your vessel is operated on other than international voyages
and does not meet the conditions in paragraphs (c) through (f) of this
section, it must undergo a drydock and internal structural examination
as follows unless it has been approved to undergo an underwater survey
per Sec. 71.50-5:
* * * * *
Sec. 71.50-5 [Redesignated as Sec. 71.50-35 and Amended]
37. Redesignate Sec. 71.50-5 as Sec. 71.50-35; in paragraph (b),
remove the words ``a drydock examination or internal structural
examination'' and add, in their place, the words ``a drydock
examination, internal structural examination, or underwater survey,'';
in paragraph (c), remove the words ``a drydock examination or internal
structural examination'' and add, in their place, the words ``a drydock
examination, internal structural examination, or underwater survey''.
38. Add new Sec. 71.50-5 to read as follows:
Sec. 71.50-5 Underwater Survey.
(a) The OCMI, may approve an underwater survey instead of a drydock
examination at alternating intervals if your vessel is--
(1) Less than 15 years of age;
(2) A steel or aluminum hulled vessel;
(3) Fitted with an effective hull protection system; and
(4) Described in Sec. 71.50-3(a) or (b).
(b) For vessels less than 15 years of age, you must submit an
application for an underwater survey to the Officer in Charge, Marine
Inspection at least 90 days before your vessel's next required drydock
examination. The application must include--
(1) The procedure for carrying out the underwater survey;
(2) The time and place of the underwater survey;
(3) The method used to accurately determine the diver's or remotely
operated vehicle's (ROV) location relative to the hull;
(4) The means for examining all through-hull fittings and
appurtenances;
(5) The means for taking shaft bearing clearances;
(6) The condition of the vessel, including the anticipated draft of
the vessel at the time of survey; and
(7) A description of the hull protection system.
(c) If your vessel is 15 years old or older, the Commandant (G-
MOC), may approve an underwater survey instead of a drydock examination
at alternating intervals. You must submit an application for an
underwater survey to the Officer in Charge, Marine Inspection at least
90 days before your vessel's next required drydock examination. You may
be allowed this option if--
(1) The vessel is qualified under paragraphs (a)(2) through (4) of
this section;
(2) Your application includes the information in paragraphs (b)(1)
through (7) of this section; and
(3) During the vessel's drydock examination that precedes the
proposed underwater survey, a complete set of hull gaugings was taken
and they indicated that the vessel was free from appreciable hull
deterioration.
(d) After this drydock examination, the Officer in Charge, Marine
Inspection submits a recommendation for future underwater surveys, the
results of the hull gauging, and the results of the Coast Guards'
drydock examination
[[Page 62036]]
results to the Commandant (G-MOC) for review.
39. Add Sec. 71.50-15 to read as follows:
Sec. 71.50-15 Description of the Alternate Hull Examination Program
for certain passenger vessels.
The Alternate Hull Examination (AHE) Program provides you with an
alternative to drydock examination by allowing your vessel's hull to be
examined while it remains afloat. This program has four steps: the
application process, the preliminary examination, the pre-survey
meeting, and the hull examination. Once you complete these steps, the
Officer in Charge, Marine Inspection (OCMI) may recommend that the
Commandant (G-MOC) extend the interval between your drydock examination
dates (drydock extension). If divers are exclusively used for the
underwater survey portion of the examination process, you may receive
an extension of up to 30 months. If an underwater ROV is used, you may
receive an extension of up to 60 months (5 years). At the end of this
extension period, you may apply for additional drydock extensions under
the AHE Program.
40. Add Sec. 71.50-17 to read as follows:
Sec. 71.50-17 Eligibility requirements for the AHE Program for certain
passenger vessels.
(a) Your vessel may be eligible for the AHE Program if--
(1) It is constructed of steel or aluminum;
(2) It has an effective hull protection system;
(3) It has operated exclusively in fresh water since its last
drydock examination;
(4) It operates on rivers or protected lakes; and
(5) It operates exclusively in shallow water or within 0.5 nautical
miles from shore.
(b) In addition to the requirements in paragraph (a), the Officer
in Charge, Marine Inspection will evaluate the following information
when determining your vessel's eligibility for the AHE Program:
(1) The overall condition of the vessel, based on its inspection
history.
(2) The vessel's history of hull casualties and hull-related
deficiencies.
(3) The AHE Program application, as described in Sec. 71.50-19.
41. Add Sec. 71.50-19 to read as follows:
Sec. 71.50-19 The AHE Program application.
If your vessel meets the eligibility criteria in Sec. 71.50-17, you
may apply to the AHE Program. You must submit an application at least
90 days before the requested hull examination date to the Officer in
Charge, Marine Inspection who will oversee the hull examination. The
application must include--
(a) The proposed time and place for conducting the hull
examination;
(b) The name of the participating diving contractor and, if
applicable, the underwater remotely operated vehicle (ROV) company
which must be accepted by the Commandant (G-MOC) under Sec. 71.50-27;
(c) The name and qualifications of the third-party examiner, if
applicable. This person must be familiar with the inspection procedures
and his or her responsibilities under this program. The Officer in
Charge, Marine Inspection has the discretionary authority to accept or
deny use of any third-party examiner;
(d) A signed statement from your vessel's master, chief engineer,
or the person in charge stating the vessel meets the eligibility
criteria of Sec. 71.50-17 and a description of the vessel's overall
condition, level of maintenance, known or suspected damage, underwater
body cleanliness, and the anticipated draft of the vessel at the time
of the examination;
(e) Plans or drawings that illustrate the external details of the
hull below the sheer strake;
(f) A detailed plan for conducting the hull examination in
accordance with Secs. 71.50-25 and 71.50-27, which must address all
safety concerns related to the removal of sea valves during the
inspection;
(g) A preventative maintenance plan for your vessel's hull, its
related systems and equipment; and
(h) A plan for conducting the annual condition assessment of your
vessel's hull which must include, at a minimum--
(1) An evaluation of your vessel's underwater hull including all
through-hull fittings and appurtenances; and
(2) The ultrasonic test results of the vessel's hull, focused on
areas that may be at high risk due to corrosion.
42. Add Sec. 71.50-21 to read as follows:
Sec. 71.50-21 Preliminary examination requirements.
(a) If you use divers to examine the underwater hull plating, you
must arrange to have a preliminary examination conducted by a third-
party examiner, with the assistance of qualified divers. The purpose of
the preliminary examination is to assess the overall condition of the
vessel's hull and identify any specific concerns to be addressed during
the underwater hull examination.
(b) If you use an underwater ROV to examine your vessel's hull
plating, a preliminary examination and the participation of a third-
party examiner will not be necessary.
43. Add Sec. 71.50-23 to read as follows:
Sec. 71.50-23 Pre-Survey meeting.
(a) You must conduct a pre-survey meeting to discuss the details of
the AHE procedure with the Officer in Charge, Marine Inspection. If you
use divers to examine the underwater hull plating, the third-party
examiner must attend the meeting and you must present the results of
the preliminary examination. If you use an underwater ROV to examine
the vessel's hull plating, then the ROV operator must attend the pre-
survey meeting and address the underwater ROV's capabilities and
limitations related to your vessel's hull design and configuration.
(b) A vessel owner or operator must request this meeting in writing
at least 30 days in advance of the proposed examination date.
44. Add Sec. 71.50-25 read as follows:
Sec. 71.50-25 AHE Procedure.
(a) To complete the underwater survey you must--
(1) Perform a general examination of the underwater hull plating
and a detailed examination of all hull welds, propellers, tailshafts,
rudders, and other hull appurtenances;
(2) Measure rudder and tailshaft bearing clearances and examine all
sea chests;
(3) Remove and inspect all sea valves in the presence of a marine
inspector;
(4) Remove all passengers from the vessel when the sea valves are
being examined, if required by the Officer in Charge, Marine
Inspection;
(5) Allow access to all internal areas of the hull for examination;
and
(6) Meet the requirements in Sec. 71.50-27.
(b) A marine inspector may examine any other areas deemed necessary
by the Officer in Charge, Marine Inspection.
(c) The Officer in Charge, Marine Inspection may require you to
drydock the vessel or otherwise take it out of service if the AHE
uncovers potential problems to further assess the extent of the damage
and to effect permanent repairs.
45. Add Sec. 71.50-27 to read as follows:
Sec. 71.50-27 AHE Program options: divers or underwater ROV.
To conduct the underwater survey portion of your hull examination,
you may use divers or an underwater ROV.
(a) If you use divers to conduct the underwater survey, you must:
(1) Locate the vessel so the divers can work safely under the
vessel's keel and
[[Page 62037]]
around both sides. The water velocity must be safe for dive operations.
(2) Provide permanent hull markings or a temporary underwater grid
system to identify the diver's location with respect to the hull,
within one foot of accuracy.
(3) Take ultrasonic thickness gaugings at a minimum of 5 points on
each plate, evenly spaced.
(4) Take plating thickness gaugings along transverse sections at
the bow, stern, midship, and longitudinally along the wind and water
strake. The divers must space such gaugings at a maximum of 3 feet
apart.
(5) Ensure the third-party examiner observes the entire underwater
examination process.
(6) Record the entire underwater survey with audio and video
recording equipment and ensure that communications between divers and
the third-party examiner are recorded.
(7) Use appropriate equipment, such as a clear box, if underwater
visibility is poor, to provide the camera with a clear view of the
hull.
(b) You may use an underwater ROV to conduct the underwater survey.
The underwater ROV operator, survey process and equipment, quality
assurance methods, and the content and format of the survey report must
be accepted by the Commandant (G-MOC). If you choose this option, you
must--
(1) Locate the vessel to ensure that the underwater ROV can operate
effectively under the vessel's keel and around all sides; and
(2) Employ divers to examine any sections of the hull and
appurtenances that the underwater ROV cannot access or is otherwise
unable to evaluate.
46. Add Sec. 71.50-29 to read as follows:
Sec. 71.50-29 Hull examination reports.
(a) If you use divers for the examination of the hull plating, you
must provide the Officer in Charge, Marine Inspection with a written
hull examination report. This report must include thickness gauging
results, bearing clearances, a copy of the audio and video recordings
and any other information that will help the OCMI evaluate your vessel
for a drydock extension. The third-party examiner must sign the report
and confirm the validity of its contents.
(b) If you use an underwater ROV for the examination of the hull
plating, you must provide the Officer in Charge, Marine Inspection with
a report in the format that is accepted by the Commandant (G-MOC), per
Sec. 71.50-27(b).
(c) The Officer in Charge, Marine Inspection will evaluate the hull
examination report and will submit it along with his or her
recommendations to the Commandant (G-MOC) for review. If approved and
you use divers to examine the hull plating, you may receive a drydock
extension of up to 30 months. If approved and you use an underwater ROV
to examine the hull plating, you may receive a drydock extension of up
to 60 months (5 years).
47. Add Sec. 71.50-31 to read as follows:
Sec. 71.50-31 Continued participation in the AHE Program.
To continue to participate in the AHE Program, you must conduct
your annual hull condition assessment and submit your hull condition
assessment and preventive maintenance reports or checklists on an
annual basis to the Officer in Charge, Marine Inspection. These reports
or checklists must conform to the plans you submitted in your
application under Sec. 71.50-19, which the Officer in Charge, Marine
Inspection approved.
PART 90--GENERAL PROVISIONS
48. Revise the authority citation for part 90 to read as follows:
Authority: 46 U.S.C. 3306, 3307, 3703; 49 U.S.C. 5103, 5106;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
49. Redesignate Secs. 90.10-1 and 90.10-2 as Secs. 90.10-2 and
90.10-3, and add new Sec. 90.10-1 to read as follows:
Sec. 90.10-1 Anniversary date.
The term anniversary date means the day and the month of each year,
which corresponds to the date of expiration of the Certificate of
Inspection.
PART 91--INSPECTION AND CERTIFICATION
50. Revise the authority citation for part 91 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; E.O.
12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 91.01-10 [Amended]
51. In Sec. 91.01-10--
a. In the section heading, immediately following the word
``validity'' add the words ``for a Certificate of Inspection'';
b. In paragraph (a), remove the words ``periods of either 1 or 2
years'' and add, in their place, the words ``a period of 5 years''; and
c. In paragraph (c)(2), remove the words ``2 years'' and add, in
their place, the words ``5 years''.
52. Revise Sec. 91.25-5 to read as follows:
Sec. 91.25-5 Application for a Certificate of Inspection.
You must submit a written application for an inspection for
certification to the cognizant Officer in Charge, Marine Inspection. To
renew a Certificate of Inspection, you must submit an application at
least 30 days before the expiration of the tank vessel's current
certificate. You must use Form CG-3752, Application for Inspection of
U.S. Vessel, and submit it to the Officer in Charge, Marine Inspection
at, or nearest to, the port where the vessel is located. When renewing
a Certificate of Inspection, you must schedule an inspection for
certification within 3 months before the expiration date of the current
Certificate of Inspection.
53. Revise Sec. 91.25-20(a) to read as follows:
Sec. 91.25-20 Fire-extinguishing equipment.
(a) At each inspection for certification, periodic inspection and
at other times necessary, the inspector will determine that all fire-
extinguishing equipment is in suitable condition and may require any
tests necessary to determine the condition of the equipment. The
inspector will determine if the tests and inspections required by
Sec. 91.15-60 of this subchapter have been conducted. At each
inspection for certification and periodic inspection, the inspector
will check fire-extinguishing equipment with the following tests and
inspections:
* * * * *
Sec. 91.25-25 [Amended]
54. In Sec. 91.25-25(a), immediately following the words
``inspection for certification'' add the words ``and periodic
inspection''.
Sec. 91.25-38 [Amended]
55. In Sec. 91.25-38, immediately following the words ``inspection
for certification'' add the words ``and periodic inspection''.
Sec. 91.25-40 [Amended]
56. In Sec. 91.25-40, immediately following the words ``inspection
for certification'' add the words ``and periodic inspection''.
Sec. 91.25-45 [Amended]
57. In Sec. 91.25-45, immediately following the words ``inspection
for certification'' add the words ``and periodic inspection''.
Subpart 91.27, Consisting of Secs. 91.27-1 Through 91.27-15--
[Amended]
58. In subpart 91.27, in the subpart heading, remove the word
``Reinspection'' and add, in its place,
[[Page 62038]]
the words ``Annual and Periodic Inspections''.
59. Revise Sec. 91.27-1 to read as follows:
Sec. 91.27-1 Annual and periodic inspections.
(a) Annual inspection. Your vessel must undergo an annual
inspection within the 3 months before or after each anniversary date,
except as required in paragraph (b) of this section.
(1) You must contact the cognizant Officer in Charge, Marine
Inspection to schedule an inspection at a time and place which he or
she approves. No written application is required.
(2) The scope of the annual inspection is the same as the
inspection for certification as specified in Sec. 91.25-10 but in less
detail unless the cognizant marine inspector finds deficiencies or
determines that a major change has occurred since the last inspection.
If deficiencies are found or a major change to the vessel has occurred,
the marine inspector will conduct an inspection more detailed in scope
to ensure that the vessel is in satisfactory condition and fit for the
service for which it is intended. If your vessel passes the annual
inspection, the marine inspector will endorse your current Certificate
of Inspection.
(3) If the annual inspection reveals deficiencies in your vessel's
maintenance, you must make any or all repairs or improvements within
the time period specified by the Officer in Charge, Marine Inspection.
(4) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
(b) Periodic inspection. Your vessel must undergo a periodic
inspection within 3 months before or after the second or third
anniversary of the date of your vessel's Certificate of Inspection.
This periodic inspection will take the place of an annual inspection.
(1) You must contact the cognizant Officer in Charge, Marine
Inspection to schedule an inspection at a time and place which he or
she approves. No written application is required.
(2) The scope of the periodic inspection is the same as that for
the inspection for certification, as specified in Sec. 91.25-10. The
Officer in Charge, Marine Inspection will insure that the vessel is in
satisfactory condition and fit for the service for which it is
intended. If your vessel passes the periodic inspection, the marine
inspector will endorse your current Certificate of Inspection.
(3) If the periodic inspection reveals deficiencies in your
vessel's maintenance, you must make any or all repairs or improvements
within the time period specified by the Officer in Charge, Marine
Inspection.
(4) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
60. Revise Sec. 91.27-5 to read as follows:
Sec. 91.27-5 Certificate of Inspection: Conditions of validity.
To maintain a valid Certificate of Inspection, you must complete
your annual and periodic inspections within the periods specified in
Sec. 91.27-1(a) and (b) and your Certificate of Inspection must be
endorsed.
Sec. 91.27-10 [Removed]
61. Remove Sec. 91.27-10.
62. Revise Sec. 91.27-13 to read as follows:
Sec. 91.27-13 Alternative annual inspection for offshore supply
vessels less than 400 gross tons in foreign ports.
(a) The owner or operator of an offshore supply vessel of less than
400 gross tons, except liftboats as defined in Sec. 90.10-20 of this
chapter, may request authorization to conduct an alternative annual
inspection in place of the annual inspection described in Sec. 91.27-
1(a) of this chapter. You must submit your request to the Officer in
Charge, Marine Inspection responsible for conducting inspections in the
country in which the vessel is operating and will be examined. To
qualify for the alternative annual inspection, you must meet the
following requirements:
(1) The request for authorization must be in writing and received
by the cognizant Officer in Charge, Marine Inspection before the end of
the twelfth month of each COI anniversary year.
(2) The vessel is expected to be continuously employed outside of
the United States during the 3 months before and after each anniversary
date of the issuance of the COI.
(b) In determining whether to grant authorization for the
alternative annual inspection, the Officer in Charge, Marine Inspection
will consider the following:
(1) Information contained in previous inspection and drydock
examination reports, including the Officer in Charge, Marine
Inspection's recommendation for participation in the alternative
midperiod examination program, and the alternative annual inspection
program.
(2) The nature, number, and severity of any marine casualties or
accidents, as defined in Sec. 4.03-1 of this chapter, which the vessel
has experienced in the last 3 years.
(3) The nature, number, and severity of any outstanding inspection
requirements for the vessel.
(4) The owner or operator's history of compliance and cooperation
in the alternative midperiod examination program and the alternative
annual inspection program, which includes--
(i) The prompt correction of deficiencies;
(ii) The reliability of previously submitted alternative
examination and annual inspection reports; and
(iii) The reliability of representations that the vessel under
consideration will be, and other vessels previously examined under this
section were, employed outside of the United States for the 3 month
period before and after each anniversary date.
(c) If authorization is granted, the Officer in Charge, Marine
Inspection must provide the applicant written authorization to proceed
with the alternative annual inspection, including special instructions
when appropriate.
(d) The following conditions must be met for the alternative annual
inspection to be accepted by the Coast Guard in lieu of conducting an
annual inspection in accordance with Sec. 91.27-1(a) of this subpart.
(1) The alternative annual inspection must be conducted within 3
months before and after each anniversary date.
(2) The alternative annual inspection must be of the scope detailed
in Sec. 91.27-1(a) of this subpart and must be conducted by the
vessel's master, operator, or a designated representative of the owner
or operator.
(3) Upon completion of the alternative annual inspection, the
person or persons conducting the inspection must prepare a
comprehensive report describing the conditions found. This inspection
report must contain sufficient detail to allow an evaluation to be made
by the Officer in Charge, Marine Inspection to whom the report is
submitted that the vessel is fit for the service and route specified on
the certificate of inspection. The report must include reports and
receipts documenting the servicing of lifesaving and fire protection
equipment, and any photographs or sketches necessary to clarify unusual
circumstances. Each person preparing the report must sign it and
certify that the information contained therein is complete and
accurate.
(4) Unless the vessel's master participated in the alternative
annual
[[Page 62039]]
inspection and the preparation of the inspection report, the master
must review the report for completeness and accuracy. The master must
sign the report to indicate review and forward it to the vessel's owner
or operator who requested authorization to conduct the inspection.
(5) The owner or operator of an offshore supply vessel inspected
under this subpart must review and submit the report required by
paragraph (d)(3) of this section to the Officer in Charge, Marine
Inspection who authorized the owner or operator to conduct the
alternative annual inspection. The inspection report must be received
by the cognizant Officer in Charge, Marine Inspection before the first
day of the fifth month following the anniversary date. The forwarding
letter or endorsement must be certified and contain the following
information--
(i) That the person or persons who conducted the inspection acted
on behalf of the vessel's owner or operator;
(ii) That the inspection report was reviewed by the owner or
operator;
(iii) That the discrepancies noted during the inspection have been
corrected or will be corrected within a stated time frame; and
(iv) That the owner or operator has sufficient personal knowledge
of conditions aboard the vessel at the time of the inspection or has
made necessary inquiries to justify forming a belief that the
inspection report is true and correct.
(e) The form of certification required under this subpart is as
follows:
``I certify that the above is true and complete to the best of my
knowledge and belief.''
(f) Deficiencies and hazards discovered during an alternative
annual inspection conducted pursuant to this section must be corrected
or eliminated, if practical, before the inspection report is submitted
to the Officer in Charge, Marine Inspection in accordance with
paragraph (d)(5) of this section. Deficiencies and hazards that are not
corrected or eliminated by the time the inspection report is submitted
must be listed in the report as ``outstanding.'' Upon receipt of an
inspection report indicating outstanding deficiencies or hazards, the
Officer in Charge, Marine Inspection will inform the owner or operator
of the vessel in writing of the time period in which to correct or
eliminate the deficiencies or hazards and the method for establishing
that the corrections have been accomplished. Where a deficiency or
hazard remains uncorrected or uneliminated after the expiration of the
time specified for correction or elimination, the Officer in Charge,
Marine Inspection will initiate appropriate enforcement measures.
(g) Upon receipt of the report required by paragraph (d)(3) of this
section, the Officer in Charge, Marine Inspection must evaluate it and
make the following determination:
(1) Whether the alternative annual inspection is accepted in lieu
of the annual inspection required by Sec. 91.27-1(a) of this subpart.
(2) Whether the vessel is in satisfactory condition.
(3) Whether the vessel continues to be reasonably fit for its
intended service and route. The Officer in Charge, Marine Inspection
may request any additional information needed to make the
determinations required by this section. The Officer in Charge, Marine
Inspection will inform the owner or operator in writing of the
determinations required by this section.
(h) If the Officer in Charge, Marine Inspection determines, in
accordance with paragraph (g) of this section, that the alternative
annual inspection is not accepted in lieu of the annual inspection
required by Sec. 91.27-1(a) of this subpart, the vessel must be
reinspected by the cognizant Officer in Charge, Marine Inspection as
soon as practical.
(i) If the Officer in Charge, Marine Inspection determines, in
accordance with paragraph (g) of this section, that the alternative
annual inspection is accepted in lieu of the annual inspection required
by Sec. 91.27-1(a) of this subpart, the master must complete the
applicable COI endorsement.
Sec. 91.60-1 [Amended]
63. In Sec. 91.60-1, immediately following the words
``international voyage.'' add the words ``(See Sec. 91.05-10 of this
chapter.)''.
64. Revise Sec. 91.60-15 to read as follows:
Sec. 91.60-15 Cargo Ship Safety Radio Certificate.
Every vessel equipped with a radio installation on an international
voyage must have a Cargo Ship Safety Radio Certificate. Each radio
installation must meet the requirements of the Federal Communication
Commission and the International Convention for Safety of Life at Sea.
65-66. Revise Sec. 91.60-35 to read as follows:
Sec. 91.60-35 Availability of Certificates.
The Convention certificates must be on board the vessel and readily
available for examination at all times.
67. Revise Sec. 91.60-40 to read as follows:
Sec. 91.60-40 Duration of Convention Certificates.
(a) The following certificates are valid for a period of not more
than 60 months.
(1) A Cargo Ship Safety Construction Certificate.
(2) A Cargo Ship Safety Equipment Certificate.
(3) A Safety Management Certificate.
(4) A Cargo Ship Safety Radio Certificate.
(b) An Exemption certificate must not be valid for longer than the
period of the certificate to which it refers.
(c) A Convention certificate may be withdrawn, revoked, or
suspended at any time when it is determined that the vessel is no
longer in compliance with applicable requirements. (See Sec. 2.01-70 of
this chapter for procedures governing appeals.)
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
68. Revise the authority citation for part 98 to read as follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C.
App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49
CFR 1.46.
Sec. 98.25-95 [Amended]
69. In Sec. 98.25-95(a)(2), remove the words ``biennial
inspection'' and add, in their place, the words, ``inspection for
certification and periodic inspection''.
PART 107--INSPECTION AND CERTIFICATION
70. Revise the authority citation for part 107 to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316;
49 CFR 1.45, 1.46; Sec. 107.05 also issued under the authority of 44
U.S.C. 3507.
71. In Sec. 107.111, add, in alphabetical order, the definition for
``anniversary date'' to read as follows:
Sec. 107.111 Definitions.
* * * * *
Anniversary date means the day and the month of each year, which
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *
Sec. 107.201 [Amended]
72. In Sec. 107.201, in paragraph (b) remove the word ``biennial'',
capitalize the word ``inspection'' the first time it appears, and in
paragraph (c) remove the word ``reinspections'' and add, in its place,
the words ``annual and periodic inspections''.
73. Revise Sec. 107.211(d) to read as follows:
[[Page 62040]]
Sec. 107.211 Original Certificate of Inspection.
* * * * *
(d) A Certificate of Inspection is valid for 5 years.
74. In Sec. 107.215--
(a) Revise section heading;
(b) In paragraph (a), remove the words ``a biennial'' and add, in
their place, the word ``an'';
(c) In paragraph (b), remove the words ``60 days'' and add, in
their place, the words ``30 days'';
(d) In paragraph (c) remove the words ``biennial inspection'' and
add, in their place, the words ``inspection for certification''; and
(e) Add new paragraph (d) to read as follows:
Sec. 107.215 Renewal of Certificate of Inspection.
* * * * *
(d) A Certificate of Inspection is valid for 5 years.
75. Revise Sec. 107.269 to read as follows:
Sec. 107.269 Annual inspection.
(a) Your mobile offshore drilling unit (MODU) must undergo an
annual inspection within the 3 months before or after each anniversary
date, except as specified in Sec. 107.270.
(b) You must contact the cognizant OCMI to schedule an inspection
at a time and place which he or she approves. No written application is
required.
(c) The scope of the annual inspection is the same as the
inspection for certification as specified in Sec. 107.231, except
Sec. 107.231 (x) and (y), but in less detail unless the cognizant OCMI
finds deficiencies or determines that a major change has occurred since
the last inspection. If deficiencies are found or a major change to the
MODU has occurred, the OCMI will conduct an inspection more detailed in
scope to ensure that the MODU is in satisfactory condition and fit for
the service for which it is intended. If your MODU passes the annual
inspection, the OCMI will endorse your current Certificate of
Inspection.
(d) If the annual inspection reveals deficiencies in your MODU's
maintenance, you must make any or all repairs or improvements within
the time period specified by the OCMI.
(e) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
76. Add Sec. 107.270 to read as follows:
Sec. 107.270 Periodic inspection.
(a) Your vessel must undergo a periodic inspection within 3 months
before or after the second or third anniversary of the date of your
vessel's Certificate of Inspection. This periodic inspection will take
the place of an annual inspection.
(b) You must contact the cognizant OCMI to schedule an inspection
at a time and place which he or she approves. No written application is
required.
(c) The scope of the periodic inspection is the same as that for
the inspection for certification, as specified in Sec. 107.231 except
Sec. 107.231 (x) and (y). The OCMI will insure that the MODU is in
satisfactory condition and fit for the service for which it is
intended. If your MODU passes the periodic inspection, the marine
inspector will endorse your current Certificate of Inspection.
(d) If the periodic inspection reveals deficiencies in your MODU's
maintenance, you must make any or all repairs or improvements within
the time period specified by the OCMI.
(e) Nothing in this subpart limits the marine inspector from
conducting such tests or inspections he or she deems necessary to be
assured of the vessel's seaworthiness.
77. In Sec. 107.279, revise paragraphs (b), (c) and (d) to read as
follows:
Sec. 107.279 Certificate of Inspection: Failure to meet requirements.
* * * * *
(b) Withhold renewal of the Certificate of Inspection until the
MODU meets the requirements of Sec. 107.231, except Sec. 107.231 (x)
and (y).
(c) Suspend a valid Certificate of Inspection after an annual or
periodic inspection until the MODU meets the requirements of
Sec. 107.231, except Sec. 107.231 (x) and (y).
(d) Revoke a valid Certificate of Inspection after an annual or
periodic inspection if the unit operates without complying with Coast
Guard orders to correct unlawful conditions.
78. Add Sec. 107.283 to subpart B to read as follows:
Sec. 107.283 Certificate of Inspection: Conditions of validity.
To maintain a valid Certificate of Inspection, you must complete
your annual and periodic inspections within the periods specified in
Secs. 107.269 and 107.270 and your Certificate of Inspection must be
endorsed.
Sec. 107.405 [Amended]
79. In Sec. 107.405(b), remove the words ``24 months'' and add, in
their place, the words ``60 months''.
PART 110--GENERAL PROVISIONS
80. Revise the authority citation for part 110 to read as follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3307,
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR
1.45, 1.46; Sec. 110.01-2 also issued under 44 U.S.C. 3507.
81. Revise Sec. 110.30-5 to read as follows:
Sec. 110.30-5 Inspection for certification.
Electric installations and electric equipment must be inspected at
the inspection for certification and periodic inspection to determine
mechanical and electrical condition and performance. Particular note
must be made of circuits added or modified after the original issuance
of the Certificate of Inspection.
PART 114--GENERAL PROVISIONS
82. Revise the authority citation for part 114 to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3307, 3703; 49 U.S.C. App.
1804; 49 CFR 1.45, 1.46. Sec. 114.900 also issued under 44 U.S.C.
3507.
83. In Sec. 114.400(b), add, in alphabetical order, the definition
for ``anniversary date'' to read as follows:
Sec. 114.400 Definition of terms used in this subchapter.
* * * * *
(b) * * *
Anniversary date means the day and the month of each year, which
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *
PART 115--INSPECTION AND CERTIFICATION
84. Revise the authority citation for part 115 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
49 CFR 1.46.
Sec. 115.105 [Amended]
85. In Sec. 115.105(e), in the second sentence, remove the word
``periodic''.
86. Revise Sec. 115.107 and its section heading to read as follows:
Sec. 115.107 Period of validity for a Certificate of Inspection.
(a) A Certificate of Inspection is valid for 1 year for vessels
carrying more than 12 passengers on international voyages.
(b) A Certificate of Inspection is valid for 5 years for all other
vessels.
(c) A Certificate of Inspection may be suspended and withdrawn or
revoked
[[Page 62041]]
by the cognizant OCM
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