# Frequency of Inspection, Alternate Hull Examination Program for Certain Passenger Vessels, and Underwater Surveys for Passenger, Nautical School, and Sailing School Vessels > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-29024 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** November 15, 1999 - **Citation:** 64 FR 62018 ## Text 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. ----------------------------------------------------------------------- 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 head [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-29024. Public record. Not legal advice.