Offshore Supply Vessels of at Least 6,000 GT ITC, 48893-48939 [2014-18721]

Download as PDF Vol. 79 Monday, No. 159 August 18, 2014 Part V Department of Homeland Security mstockstill on DSK4VPTVN1PROD with RULES2 Coast Guard 46 CFR Parts 2, 15, 61, et al. Offshore Supply Vessels of at Least 6,000 GT ITC; Final Rule VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18AUR2.SGM 18AUR2 48894 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 2, 15, 61, 62, 110, 111, 125, 126, 127, 128, 129, 130, 131, 132, 134, and 174 [Docket No. USCG–2012–0208] RIN 1625–AB62 Offshore Supply Vessels of at Least 6,000 GT ITC Coast Guard, DHS. Interim rule with request for comments. AGENCY: ACTION: The Coast Guard Authorization Act of 2010 (the Act) removed the statutory size limit previously placed on offshore supply vessels (OSVs), and required the Coast Guard to issue regulations to mitigate the risk created as a result, noting the need ‘‘to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew’’ on OSVs exceeding the previous size limit. In accordance with the Act, the Coast Guard is issuing this interim rule to ensure the safe carriage of oil, hazardous substances, and individuals other than crew by requiring U.S.-flagged OSVs of at least 6,000 gross tonnage as measured under the Convention Measurement System to comply with existing regulatory requirements and international standards for design, engineering, construction, operations and manning, inspections, and certification. This rule also will affect any vessel of at least 500 gross register tons as measured under the Regulatory Measurement System, if that vessel is not assigned a measurement under the Convention Measurement System and the owner desires to have the vessel certificated as an OSV. The Coast Guard intends to finalize this interim rule after considering, and incorporating to the extent appropriate, any comments from the public. DATES: This interim rule is effective August 18, 2014. Comments on this interim rule must be submitted to the online docket or received by the Docket Management Facility by November 17, 2014. The Director of the Federal Register has approved the incorporation by reference of certain publications listed in this rule, effective August 18, 2014. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0208 using any one of the following methods: mstockstill on DSK4VPTVN1PROD with RULES2 SUMMARY: VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. Viewing incorporation by reference material. You may inspect the material incorporated by reference at room 5R20, U.S. Coast Guard Headquarters, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593 between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–372–1360. Copies of the material are available as indicated in the ‘‘Incorporation by Reference’’ section of this preamble. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, email or call Lieutenant Anne Besser, CG– ENG–1, Coast Guard, email Anne.Besser@uscg.mil, telephone 202– 372–1362. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Public Participation and Request for Comments A. Submitting comments B. Viewing comments and documents C. Privacy Act D. Public meeting II. Abbreviations III. Executive Summary A. Purpose and authority B. Overview of rule C. Costs and benefits IV. Regulatory History V. Basis and Purpose VI. Discussion of the Interim Rule A. Amendments to 46 CFR part 125, ‘‘General,’’ addressing applicability, and grandfathering of existing vessels B. Amendments to 46 CFR part 125, ‘‘General,’’ clarifying tonnage measurement C. Amendments to 46 CFR part 125, ‘‘General,’’ addressing certificates D. Amendments to 46 CFR part 125, ‘‘General,’’ involving tank protection for oil cargoes and oil fuel PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E. Amendments to 46 CFR part 125, ‘‘General,’’ addressing carriage of noxious liquid cargoes in bulk F. Amendments to 46 CFR part 125, ‘‘General,’’ affecting definitions G. Amendments to 46 CFR part 126, ‘‘Inspection and Certification’’, and 127, ‘‘Construction and Arrangements’’, addressing carriage of more than 36 offshore workers H. Amendments to 46 CFR part 127, ‘‘Construction and Arrangements’’ I. Amendments to 46 CFR part 128, ‘‘Marine Engineering: Equipment and Systems’’ J. Amendments to 46 CFR part 129, ‘‘Electrical Installations’’ K. Amendments to 46 CFR part 130, ‘‘Vessel Control’’ L. Amendments to 46 CFR part 131, ‘‘Operations,’’ addressing vessel maneuvering M. Amendments to 46 CFR part 132, ‘‘Fireprotection Equipment’’ N. Amendments to 46 CFR part 134, ‘‘Added Provisions for Liftboats’’ O. Amendments to 46 CFR part 2, ‘‘Vessel Inspections’’ P. Amendments to 46 CFR part 15, ‘‘Manning Requirements’’ Q. Amendments to 46 CFR part 62, ‘‘Vital System Automation,’’ and related amendment to 46 CFR part 61, ‘‘Periodic Tests and Inspections’’ R. Amendments to 46 CFR part 90, ‘‘General Provisions’’ for Cargo and Miscellaneous Vessels S. Amendments to 46 CFR part 110, ‘‘General Provisions’’ within Subchapter J, ‘‘Electrical Engineering’’ T. Amendments to 46 CFR part 111, ‘‘Electrical Systems—General Requirements’’ U. Amendments to 46 CFR part 174, Subpart G, ‘‘Special Rules Pertaining to Offshore Supply Vessels’’ V. Amendments to Incorporation by Reference Sections, 46 CFR parts 110 and 125 VII. Incorporation by Reference VIII. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2012–0208), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, and insert ‘‘USCG–2012–0208’’ in the ‘‘Search’’ box. Click on ‘‘Submit a Comment’’ in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that 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 and may change this rule based on your comments. B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, insert ‘‘USCG–2012–0208’’ in the ‘‘Search’’ box and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. mstockstill on DSK4VPTVN1PROD with RULES2 C. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 D. Public Meeting We do not plan to hold a public meeting. But, you may submit a request for one using one of the methods specified under ADDRESSES. In your request, explain why you believe a public meeting would be beneficial. If we determine that a public meeting would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. II. Abbreviations The Act The Coast Guard Authorization Act of 2010 (Pub. L. 111–281) ACP Alternate Compliance Program ANSI American National Standards Institute API RP American Petroleum Institute Recommended Practice ASTM ASTM International (formerly American Society for Testing and Materials) CFR Code of Federal Regulations COI Certificate of Inspection ExCB Ex Certification Body FR Federal Register GRT Gross register tons as measured under 46 U.S.C. 14502, Regulatory Measurement System GT ITC Gross tonnage as measured under 46 U.S.C. 14302, Convention Measurement System IBC Code International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk ICLL International Convention on Load Lines, 1966, as amended IEC International Electrotechnical Commission IECEx IEC System for Certification to Standards Relating to Equipment for use in Explosive Atmospheres IMCA International Marine Contractors Association IMO International Maritime Organization MARPOL 73/78 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto MISLE Marine Information for Safety and Law Enforcement NAICS North American Industry Classification System NEC National Electric Code NFPA National Fire Protection Association NLS Noxious liquid substances NOSAC National Offshore Safety Advisory Committee OCS Outer Continental Shelf OCMI Officer in Charge, Marine Inspection OICNW Officer in charge of the navigational watch OSV Offshore supply vessel Pub. L. Public Law SBA Small Business Administration STCW International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended STCW Code Seafarers’ Training, Certification, and Watchkeeping Code SOLAS International Convention for the Safety of Life at Sea, 1974, as amended PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 U.S.C. 48895 United States Code III. Executive Summary A. Purpose and Authority In late 2010, Congress removed the statutory size limit on offshore supply vessels (OSVs) and directed the Coast Guard to issue regulations ‘‘to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew’’ on OSVs exceeding the previous size limit, taking ‘‘into consideration the characteristics of offshore supply vessels, their methods of operation, and their service in support of exploration, exploitation, or production of offshore mineral or energy resources.’’ As is explained below, developments in the U.S. offshore industry created demand for larger OSVs than previously were allowed, and safely increasing the size of OSVs requires modifications to existing OSV regulations in order to address hazards associated with larger vessels carrying more cargo and personnel. Accordingly, the Coast Guard developed this interim rule to address safety and environmental hazards associated with larger OSVs. This interim rule is authorized and required by section 617 of the Coast Guard Authorization Act of 2010 (Pub. L. 111–281) (the Act). B. Overview of Rule This interim rule only implements requirements for OSVs that exceed the pre-Act size limit for OSVs and are contracted for after the effective date of this rule (referred to in this document as ‘‘large OSVs’’). It does not affect OSVs that predate this rule or that do not meet the size threshold that defines large OSVs. In addition to carrying out statutory requirements explicitly noted in section 617 of the Act, such as statutory requirements for manning and oil spill protection, this rule addresses Congress’ direction to meet safety needs by establishing design and operation standards for large OSVs. To develop these standards, the Coast Guard first evaluated existing requirements for OSVs (contained in 46 CFR subchapter L) to determine whether they were adequate for ensuring safety on the new, larger OSVs. Where not sufficient, the Coast Guard then used existing international standards that these large OSVs are highly likely to meet in order to compete on the international marketplace. For example, this rule requires large OSVs to hold certain international certificates, including Convention for the Safety of Life at Sea, 1974, as amended (SOLAS) and Convention for the Prevention of Pollution from Ships (MARPOL 73/78) E:\FR\FM\18AUR2.SGM 18AUR2 48896 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 certificates, even if the OSV is certificated to operate only in U.S. waters. As discussed in more detail below, the safety requirements in these international standards align with the increased risk associated with large OSVs’ capacity to carry cargo and passengers, and we also consider it very likely that large OSVs will comply with these international standards in order to engage in international commerce. Where needed, the Coast Guard used other, existing domestic standards for tank vessels and cargo vessels of similar size as these new, larger OSVs. For example, this rule requires that large OSVs meet the marine engineering requirements of 46 CFR subchapter F and the electrical engineering requirements of 46 CFR subchapter J, without the exceptions made for other OSVs, because of the increased capacity of large OSVs and the corresponding increase in the potential consequences of an incident involving a large OSV. Large OSVs require increased capacity to carry larger volumes of oil-based materials and hazardous materials, such as noxious liquid substances (NLS) used in drilling muds, which increases the risk to the environment if spilled. Existing OSV standards do not account for conditions found further offshore, such as larger and higher wave amplitude, or the capacity to carry more personnel. The additional requirements for large OSVs address safe operations in these conditions, with more cargo and more personnel. This rule allows a large OSV to carry more than 36 offshore workers if the OSV meets stability, marine engineering, fire protection, and lifesaving provisions set forth in this interim rule. Large OSVs are capable of carrying more than the 36 offshore workers previously allowed and conducting operations requiring more workers, and this interim rule implements safety provisions intended to address the risk associated with carrying more personnel. C. Costs and Benefits This rule is not economically significant. We anticipate this rule will not result in additional costs to industry or government. Because of the previous size limit on OSVs, there currently are no U.S.-flagged vessels of at least 6,000 GT ITC or 500 GRT operating as OSVs and certificated under subchapter L requirements. Consequently, this rule will not directly impact any existing population of U.S.-flagged vessels. Furthermore, the interim rule is based upon existing regulatory and technical standards from Titles 33 and 46 of the Code of Federal Regulations (CFR). VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Where existing regulations and technical standards do not account for the scale of operations of large OSVs, the Coast Guard supplemented them with standards from the International Maritime Organization (IMO) Conventions, and industry consensus engineering standards. Owners and operators would comply with these standards even in the absence of this rule, in order to compete for international work. Therefore, no additional costs will be incurred by industry in the construction and the operation of a large U.S.-flagged OSV. In addition to fulfilling Congressional direction to issue regulations ‘‘to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew,’’ the interim rule will standardize regulatory oversight by the Coast Guard. This is expected to reduce the time necessary for the approval process since standards will be transparent in regulation, which will lead to unquantifiable cost savings to both industry and government. Additionally, the OSVs to which this interim rule applies can carry a large quantity of oil and hazardous material, as well as large numbers of persons on board. In comparison to OSVs of less than 6,000 GT ITC, these large vessels have decreased maneuverability and responsiveness due to the vessels’ increased tonnage and length. These vessels operate in a high-risk environment near offshore units and other vessels, and a collision between a large OSV and an offshore unit or another vessel could result in a significant disaster. This interim rule provides a set of standards consistent with the risks and consequences of large OSVs. The costs and benefits of this rule are discussed in Section VIII.A. below and in the regulatory analysis available in the docket. IV. Regulatory History The Coast Guard is issuing this interim rule without prior notice and opportunity to comment pursuant to section 617(f) of the Act, which directs the Secretary of the department in which the Coast Guard is operating to issue an interim rule ‘‘as soon as is practicable and without regard to the provisions of chapters 5 and 6 of title 5, United States Code.’’ By the same authority, the Coast Guard is making this interim rule effective immediately upon publication. Although this interim rule is effective immediately, we invite public comments on it. We will consider public comments when developing a final rule that will supersede this interim rule, and we may make changes PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 in response to public comments on any part of this interim rule. In addition to revisions authorized by the Act, this rule makes a limited number of administrative changes to improve the readability and organization of the revised parts. These administrative changes include the standardization of tonnage acronyms, the insertion of clarifying language that was not necessary prior to this rule, the reorganization of several parts to accommodate new language, and the replacement of some terms with their functional equivalents. These administrative changes only clarify existing text and the distinction between tonnage-based requirements in place before and after the Act: they make no substantive change to regulatory requirements. Therefore, the Coast Guard finds good cause exists under 5 U.S.C. 553(b)(B) for forgoing a notice of proposed rulemaking with respect to these administrative changes, because the changes will have no substantive effect on the public, and notice and comment are therefore unnecessary. For the same reasons, the Coast Guard finds good cause under 5. U.S.C. 553(d)(3) to make these administrative changes effective fewer than 30 days after publication in the Federal Register. V. Basis and Purpose As defined by statute, an OSV is a motor vessel that regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources (46 U.S.C. 2101(19)). OSVs may support the construction of offshore energy facilities, or may transport supplies and personnel to and from these facilities. OSVs carry offshore goods and supplies, handle anchors and mooring equipment, deliver excess fuel oil to oil production facilities, and perform other support functions. Until recently, statute limited the size of OSVs to less than 500 gross register tons (GRT) as measured under 46 U.S.C 14502, or an alternate tonnage established as 6,000 gross tonnage as measured under 46 U.S.C. 14302 (GT ITC) (for background on the 6,000 GT ITC limit, see: 46 U.S.C. 14104 and 14302; 61 FR 66613, December 18, 1996; and 76 FR 77129, December 12, 2011). Because of the statutory size limit on OSVs, OSV regulations developed prior to the publication of this interim rule— referred to in this preamble as ‘‘pre2014’’ regulations—contemplated smaller vessels making short trips and capable of carrying only limited amounts of cargo and numbers of E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations people. Therefore, those pre-2014 regulations for OSVs differ from regulations put in place for other, larger types of vessels. The U.S. offshore industry has become more complex over time, however, creating a demand for larger, multi-purpose OSVs capable of operating at greater distances from shore and for more extended periods, using more advanced propulsion or machinery systems and carrying more cargo and more people on board. In response, Congress removed the size limit on OSVs (see section 617(a) of the Act) and made other statutory changes to effectively create a subgroup of OSVs distinguished by a tonnage assignment of at least 6,000 GT ITC (large OSVs). For example, the Act made it possible for large OSVs to be considered tank vessels (see section 617(a)(1)(B) of the Act) even though OSVs of less than 500 GRT or 6,000 GT ITC are deemed not to be tank vessels, and it specified oil fuel tank protection requirements for OSVs of at least 6,000 GT ITC (see section 617(e) of the Act). The Act also specified the number and qualifications of crew for large OSVs, and specified the division of watches (see sections 617(b), (c), and (d) of the Act). As noted, the Coast Guard’s pre-2014 OSV regulations were developed for smaller vessels conducting limited operations. Removing the cap on the size of OSVs requires additions to pre2014 OSV regulations in order to address hazards associated with larger vessels carrying more cargo and personnel. Accordingly, Congress directed the Coast Guard to issue regulations to implement the Act with respect to OSVs of at least 6,000 GT ITC and ‘‘to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels’’ (section 617(f) of the Act). Congress also directed the Coast Guard to ‘‘take into consideration the characteristics of OSVs, their methods of operation, and their service in support of exploration, exploitation, or production of offshore mineral or energy resources’’ when developing these regulations (section 617(f) of the Act). In developing this interim rule, the Coast Guard has provided necessary standards for the safe design, manning, and operation of large OSVs. In some cases, this has required additional regulatory text to maintain the distinction between pre-2014 regulations that may apply to some or all OSVs, and regulations implemented by this interim rule solely for large OSVs. After this rule is finalized, the Coast Guard may initiate a separate, VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 broader rulemaking to address issues common to OSVs of all sizes. VI. Discussion of the Interim Rule This rule implements requirements for OSVs of at least 6,000 GT ITC and, as explained below, may affect OSVs of at least 500 GRT that are not assigned a GT ITC. Because of the previous size limit on OSVs, there were no U.S.flagged vessels of at least 6,000 GT ITC or 500 GRT operating as OSVs when the Act was promulgated, and this rule only applies to vessels contracted for or keels of which were laid after the date of publication. Consequently, this rule will not directly impact any existing population of U.S.-flagged vessels. The Coast Guard has issued certificates of inspection for two vessels already delivered pursuant to the interim certification provisions found in section 617(f)(3) of the Act, and we are aware that industry is considering others. It is possible that owners of existing cargo vessels may seek certification of these vessels as OSVs now that the statutory size limit is removed: These are provided for in new applicability language discussed below. When developing these regulations, the Coast Guard looked first to applying the pre-2014 OSV regulations or preexisting regulations for large vessels such as cargo and tank vessels. If these were not appropriate for application to large OSVs because they do not account for the scale of operations of large OSVs, we then looked to international standards because these large, purposebuilt OSVs are likely to comply with such standards in order to engage in international commerce. In limited cases we found international standards needed to be supplemented either because the standard required interpretation by the implementing nations, or needed additional minimum standards to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew. In these limited cases, the Coast Guard supplemented the international standards without sacrificing the flexibility to operate internationally by using other international standards or existing Coast Guard guidance. This interim rule amends several subchapters of Title 46 of the CFR. Most of the amendments are located in Subchapter L, which is specific to OSVs and consists of Parts 125 through 134. Changes to Parts 125 through 134 are discussed first in the preamble below, so as to provide a foundation for explaining related changes located in other subchapters. Following the discussion of Subchapter L, the preamble to this rule addresses related PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 48897 amendments that apply to large OSVs but are located elsewhere in Title 46, such as in Part 111 on electrical systems. Changes to subchapters other than L are discussed in the order they appear in the CFR. A. Amendments to 46 CFR Part 125, ‘‘General,’’ Addressing Applicability, and Grandfathering of Existing Vessels Prior to this rule, the applicability section of Subchapter L relied on a definition of ‘‘offshore supply vessel (OSV)’’ that limited the size of OSVs in keeping with the statutory authority at the time the section was written. As discussed above, the Act removed size limits for OSVs from the underlying statute. In response to that change, this interim rule removes the upper size limits from the regulatory definition of OSV, and also creates a regulatory regime for large OSVs without changing pre-2014 requirements for OSVs of less than 500 GRT or 6,000 GT ITC. These actions necessitate changes to § 125.100, the applicability section of Subchapter L. Section 125.100 paragraphs (b) and (c), which were put in place prior to this interim rule and are not substantively changed by it, provide for grandfathering of vessels contracted for, or the keels of which were laid, prior to March 15, 1996, on the condition that those vessels completed construction and obtained a Certificate of Inspection (COI) within 2 years. This interim rule mimics that structure by adding a paragraph for grandfathering of large OSVs contracted for, or the keels of which were laid, prior to the date of publication of this interim rule, with the same condition that vessels complete construction and obtain a COI within 2 years. This grandfathering structure is intended to capture two types of vessels: Vessels certificated in accordance with section 617(f)(3) of the Act; and vessels of at least 6,000 GT ITC that the Coast Guard does not consider to have undergone conversion under the provisions of § 125.100(e), which has been redesignated as paragraph (g) as discussed later in this section. The Coast Guard expects that very few vessels will qualify for grandfathering under this provision, and that most large OSVs will comply with and be certificated under Subchapter L. The Coast Guard considered postponing the grandfathering date until 3 or 6 months after the publication of the interim rule, as is common when implementing new date-based regulations. In this case, however, Congress directed the Coast Guard to implement the Act ‘‘as soon as is E:\FR\FM\18AUR2.SGM 18AUR2 48898 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 practicable’’ and provided for an interim process by which large OSVs could be certificated prior to the rule’s publication. Postponing the grandfathering date would only prolong the use of the interim process. Therefore, the Coast Guard decided to use the date of publication as the date for grandfathering provisions. Because of the two paragraphs added to accommodate this grandfathering structure for large OSVs, this interim rule redesignates pre-2014 paragraphs (d) and (e) as (f) and (g), respectively. Both paragraphs remain otherwise unchanged, except that in paragraph (g) we have replaced the term ‘‘major alteration’’ with ‘‘major conversion.’’ In the specific context of § 125.100, the Coast Guard has consistently understood this phrase to be synonymous with ‘‘major conversion,’’ which is a defined term in § 125.160. A review of past major conversion determinations conducted for OSVs since 1997 confirmed that the Coast Guard reads ‘‘major alteration’’ in § 125.100 to mean ‘‘major conversion,’’ as that term is defined in Subchapter L and 46 U.S.C. 2101(14a). For these reasons, replacing ‘‘major alteration’’ in § 125.100 improves consistency and clarity, is an administrative change without substantive effect as discussed in Section IV of this preamble, and is effective upon publication. B. Amendments to 46 CFR Part 125, ‘‘General,’’ Clarifying Tonnage Measurement This interim rule applies to OSVs of at least 6,000 GT ITC. OSVs assigned a tonnage of less than 6,000 GT ITC, or of less than 500 GRT when no GT ITC is assigned, are not covered by this interim rule; they remain subject to the same regulations that applied prior to the Act and this interim rule. This rule adds a new § 125.103 called ‘‘Tonnage Measurement’’ to clarify tonnage applicability issues with respect to OSVs that are assigned both a GT ITC and a GRT, as well as to OSVs without a GT ITC assignment that are of at least 500 GRT and therefore were prohibited from operating as OSVs prior to the Act. Under the tonnage statute at 46 U.S.C. subtitle II, part J, U.S.-flagged vessels are assigned tonnages under one of two measurement systems, and in some cases vessels may be measured under both. Gross tonnage assigned under the system of the International Convention on Tonnage Measurement of Ships, 1969 (referred to in U.S. law as the ‘‘Convention Measurement System’’) is expressed as ‘‘GT ITC,’’ whereas tonnage assigned under the older U.S. domestic measurement system (referred VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 to in U.S. law as the ‘‘Regulatory Measurement System’’) is expressed as ‘‘GRT.’’ The Act does not discuss OSVs of at least 500 GRT without a GT ITC assignment. Because the Act removed the upper tonnage limit on OSVs, however, such a vessel could be certificated as an OSV if its tonnage was at least 500 GRT, and it was not assigned a GT ITC. Without changes to the terms of Subchapter L, such a vessel might not be subject to many important regulations for the safe carriage of oil, hazardous substances, and individuals in addition to the crew. The Coast Guard does not believe Congress intended to create a category of OSVs not previously permitted and not subject to the safety regulations governing OSVs of the same size and conducting the same activities. Therefore, the new § 125.103(b) provides that an OSV of at least 500 GRT that is not assigned a GT ITC must comply with regulations for OSVs of at least 6,000 GT ITC. This provision does not prevent a vessel of at least 500 GRT from obtaining a GT ITC assignment and, if that assignment is less than 6,000 GT ITC, complying with regulations appropriate for vessels of less than 6,000 GT ITC. Because a vessel’s GRT can be lower than its GT ITC, this rule adds new § 125.103(a), which ensures that appropriate existing regulations are applied to large OSVs by providing that the GT ITC assignment must be used when applying tonnage-dependent regulations, irrespective of the vessel’s GRT assignment. This requirement recognizes that a large OSV’s increased capacity for cargo and personnel, and ability to operate greater distances from shore for more extended periods, carries the potential for higher-consequence incidents and a corresponding need for safety and environmental protection requirements. We do not believe Congress intended to permit OSVs of at least 6,000 GT ITC to avoid meeting safety and environmental protection regulations merely by shifting to the GRT system of measurement. The regulatory text added by this interim rule for large OSVs uses the phrasing ‘‘6,000 GT ITC (500 GRT if GT ITC is not assigned)’’ to ensure that the applicability of specific requirements throughout Title 46 of the CFR is clear. The pre-2014 regulatory text, however, uses the term ‘‘gross tons.’’ After reviewing the history and common use of these provisions in the specific context of Subchapter L, we concluded that in each relevant instance this term refers to GRT, and that vessels without an assigned GRT appropriately use their PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 GT ITC to apply provisions dependent on ‘‘gross tons.’’ Accordingly, we added new § 125.103(c) to clarify this. Because this provision clarifies the historical meaning and current use of the term ‘‘gross tons’’ in Subchapter L, it is an administrative change without substantive effect as discussed in Section IV of this preamble, does not require prior notice and comment, and is effective upon publication. The Coast Guard has initiated a separate rulemaking to standardize tonnage terms throughout its regulations (see ‘‘Tonnage Regulations Amendments; Proposed Rule’’ published at 79 FR 19420 on April 8, 2014). C. Amendments to 46 CFR Part 125, ‘‘General,’’ Addressing Certificates This interim rule adds a new § 125.105 requiring that large OSVs hold certain certificates indicating compliance with SOLAS and MARPOL 73/78, even if the OSV is certificated to operate only in U.S. waters. Specifically, large OSVs must maintain Cargo Ship Safety Construction and Cargo Ship Safety Equipment certificates evidencing that these OSVs meet the minimum standards to which cargo ships on international voyages are held. They also must maintain a Safety Management Certificate evidencing that the OSV owner or operator uses an approved safety management system. In addition to these SOLAS certificates, large OSVs must maintain International Oil Pollution Prevention and International Air Pollution Prevention certificates, which, respectively, demonstrate that the vessels have the means to properly dispose of oils and control emissions. Using these international standards for domestic voyages, rather than a separate set of domestic standards, will create efficiencies and promote a uniform standard. The cargo ship safety certificates and safety management certificate already are required of all U.S. vessels of 500 GRT or more on international voyages, including tankships and miscellaneous non-freight vessels certificated under Subchapters D and I. The pollution prevention certificates already are required of all vessels of more than 400 GRT in the waters of nations signatory to MARPOL 73/78, including the United States. We therefore anticipate that the owners of most large OSVs subject to this rule would seek SOLAS and MARPOL certificates voluntarily, either because they are required in U.S. waters as discussed above or because they are necessary in order to work overseas. We also believe that the safety requirements that must be met in order to obtain these E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 certificates are appropriate to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels. New § 125.105 also requires large OSVs to obtain an International Load Line Certificate, and the Coast Guard added a paragraph to existing § 125.140 specifying that each large OSV must be assigned a load line in accordance with the International Convention on Load Lines, 1966, as amended (ICLL). Current industry practice is to build and operate most OSVs to ICLL standards, and the Coast Guard believes that OSVs of at least 6,000 GT ITC are very likely to be built to ICLL standards as well. The Coast Guard believes that requiring international load lines, rather than a variation permitted for domestic vessels under 46 CFR Subchapter E, will not present a significant burden to the industry. Separately, this rule adds to existing § 125.150 in order to align the requirements for lifesaving appliances on large OSVs with SOLAS. It adds new paragraph (b) requiring large OSVs, including those authorized to carry more than 36 offshore workers when not on an international voyage (see Section VI.G. below), to comply with those portions of 46 CFR part 199 that implement SOLAS lifesaving requirements designed for cargo vessels. This rule makes no substantive change to the existing requirement for OSVs of less than 6,000 GT ITC, but redesignates it as § 125.150(a) and adds language to that paragraph clarifying the applicability. D. Amendments to 46 CFR Part 125, ‘‘General,’’ Involving Tank Protection for Oil Cargoes and Oil Fuel The Coast Guard anticipates that OSVs of at least 6,000 GT ITC will carry a greater volume of liquid cargoes than OSVs to date. The Coast Guard believes that Congress intended to enable the carriage of larger volumes of these liquids so as to better serve the changing offshore industry. The Coast Guard also believes that the size and cargo capacity of OSVs of at least 6,000 GT ITC create the potential for significant environmental damage in the event of a spill or other casualty, and that appropriate design and construction requirements should therefore accompany this increased capacity. Accordingly, this interim rule provides double hull requirements for large OSVs carrying oil to align with other vessels of similar capabilities and capacities. Specifically, this rule amends § 125.110 to require that tanks authorized for carriage of cargo oil, including drilling fluids containing oil, VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 comply with double hull requirements designed for tank vessels and found in 33 CFR 157.10d. Applying tank vessel double hull requirements is appropriate in light of the pollution risk that accompanies the large volumes of oil and oil-based cargoes these OSVs may carry. In § 125.110, we also inserted a reference to new § 125.125, discussed below, for other flammable or combustible liquids carried on large OSVs. In addition to protection for cargo tanks, this rule provides for protection of oil fuel tanks as directed by the Act. Section 617(e) of the Act requires that an OSV of at least 6,000 GT ITC, delivered after August 1, 2010, or constructed under a contract entered into after October 15, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, must comply with Regulation 12A (‘‘Oil Fuel Tank Protection’’) of MARPOL Annex I, regardless of whether the OSV is engaged in the coastwise trade or on an international voyage. Regulation 12A requires vessels provide double hull protection for fuel oil tanks, or demonstrate compliance with an accidental oil fuel outflow performance standard. This rule adds a new § 125.115 to Title 46, to meet the requirements set forth in the Act. Historically Coast Guard regulations have distinguished between oil cargoes and excess fuel oil carried by OSVs. The new § 125.115 maintains that distinction by specifying that a large OSV is not subject to Subchapter D of Title 46, Chapter I (‘‘Tank Vessels’’) if the OSV is only transferring excess fuel oil from its own fuel supply tanks to an offshore drilling or production facility, is in the service of oil exploitation, and is not a tankship as defined in § 30.10– 67. This provision is in keeping with 46 U.S.C. 3702(b) as amended by the Act, and preserves OSVs’ historical ability to transfer excess fuel oil without meeting tank vessel requirements. As described elsewhere in this preamble, however, the Coast Guard has based certain other requirements for large OSVs on tank vessel regulations where appropriate. E. Amendments to 46 CFR Part 125, ‘‘General,’’ Addressing Carriage of Noxious Liquid Cargoes in Bulk As discussed above, the Coast Guard expects large OSVs to carry more, and more varied, liquid cargoes than OSVs of less than 6,000 GT ITC. This rule adds a new § 125.125 to Title 46, to help ensure the safe carriage of NLS in bulk on OSVs of at least 6,000 GT ITC. Common NLS carried on board OSVs include drilling fluids. Drilling fluids that contain salt or chemicals are subject PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 48899 to MARPOL Annex II, which is implemented in the United States via the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) and which was revised, effective 2007, to require vessels carrying listed NLS in bulk to comply with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code). MARPOL Annex II recognizes, however, that the IBC Code is not appropriate for all vessels. For certain vessels, including OSVs, MARPOL Annex II provides that Flag Administrations may establish appropriate measures to minimize the uncontrolled discharge of NLS into the sea. For OSVs, recent amendments to MARPOL Annex II explain that these appropriate measures should be based on IMO Resolution A.673(16), which provides an alternative to the IBC Code. In 2010, the Coast Guard issued guidance on implementing Resolution A.673(16) for new and existing OSVs (CG–522 Policy Letter 09–01, Rev. 1, April 5, 2010) (due to reorganization, CG–522 has been redesignated CG– OES). The new § 125.125 integrates some of this guidance in regulation. It allows a large OSV to carry NLS in bulk in its integral and fixed independent tanks if the OSV holds either a valid Certificate of Fitness or a valid International Pollution Prevention Certificate for the carriage of NLS in bulk, issued pursuant to regulations implementing Resolution A.673(16) at § 125.125(b) through (f). Of the paragraphs implementing Coast Guard guidance on Resolution A.673(16), paragraphs (b) and (c) describe the types of NLS a large OSV may carry, and the methods and conditions required for carriage. Paragraphs (d) and (e) address the required Cargo Record book, Shipboard Marine Pollution Emergency Plan, and Procedures and Arrangements Manual. These documents already are required under MARPOL Annex II, 33 CFR part 151, and 46 CFR part 153, but the new § 125.125 permits the Procedures and Arrangements Manual to depart from requirements found in MARPOL Annex II, Appendix 4, in the same ways provided in the Coast Guard guidance on Resolution A.673(16). Paragraphs (f) and (g) set forth requirements for transferring NLS to and from a portable tank, which is otherwise authorized only by an endorsement on the vessel’s COI. Although § 125.120 already addresses the carriage of NLS for OSVs of less than 6,000 GT ITC, the new § 125.125 incorporates recent amendments to MARPOL Annex II and recent guidance E:\FR\FM\18AUR2.SGM 18AUR2 48900 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations issued specifically for OSVs. Implementing the Coast Guard’s existing guidance on Resolution A.673(16) creates flexibility for large OSVs and facilitates operating overseas where they might otherwise be deemed to be in violation of MARPOL Annex II. Finally, this rule clarifies that pre2014 § 125.120 applies only to the carriage of NLS in bulk by OSVs of less than 6,000 GT ITC. mstockstill on DSK4VPTVN1PROD with RULES2 F. Amendments to 46 CFR Part 125, ‘‘General,’’ Affecting Definitions This interim rule revises the definition of ‘‘offshore supply vessel’’ in § 125.160 in accordance with the Act, by removing the upper size limits previously placed on OSVs. Under the revised definition, an OSV is defined by its propulsion method and activities, and is more than 15 gross tons. The interim rule also adds definitions of ‘‘gross register tons (GRT)’’ and ‘‘gross tonnage ITC (GT ITC)’’ as these terms are explained above. Adding these terms is necessary in order to insert regulations specific to OSVs of at least 6,000 GT ITC, and to clarify the applicability of regulations to OSVs of at least 500 GRT if GT ITC is not assigned. This interim rule does not affect the definition of liftboats. As discussed later in this preamble, however, this interim rule requires special approval of liftboats of at least 6,000 GT ITC. G. Amendments to 46 CFR Parts 126, ‘‘Inspection and Certification,’’ and 127, ‘‘Construction and Arrangements,’’ Addressing Carriage of More Than 36 Offshore Workers OSVs carry personnel who work on, and in support of, offshore energy facilities. Under pre-2014 regulations, OSVs could carry a maximum of 36 offshore workers when not on an international voyage. Removing the size limit on OSVs makes it possible for them to carry more personnel, which is consistent with operations occurring farther offshore as well as with more labor-intensive operations such as platform and subsea construction. In order to safely carry more personnel, however, OSVs must be designed and built to standards that provide an adequate level of safety with respect to stability, marine engineering, fire protection, and lifesaving considerations, and personnel must be properly prepared to react to incidents such as fires or collisions. This is because the larger number of people on board increases the potential loss of life in the event of an incident. As we discussed in our February 2012 request for comments on accommodation vessels (77 FR 5039), the level of sea- VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 going experience and vessel familiarity may vary widely among those working offshore, and some personnel could be expected to behave like passengers in an emergency. We therefore look to design standards to provide an adequate level of protection for offshore workers on large OSVs. The desired standard should be flexible enough to be scaled according to the potential consequence presented by the vessels’ operational profile. After considering several possible standards, including domestic and SOLAS standards for passenger, cargo, and industrial vessels, the Coast Guard concluded no acceptable option existed that addressed the appropriate level of safety while maintaining the operational flexibility expected by the offshore industry. One of the standards the Coast Guard considered, but did not adopt, was the IMO Code of Safety for Special Purpose Ships (SPS Code). The SPS Code is an international standard for specialized vessels that carry personnel who are specifically needed for the particular operational duties of the ship and are carried in addition to those persons required for normal navigation, engineering and maintenance of the ship. Such personnel might include remotely operated vehicle operators, anchor handling personnel, and other workers who are not part of the navigational crew but who are necessary to the vessel’s mission. The SPS Code specifically contemplates that, because of the nature of their work, these personnel are physically able and trained in safety procedures, and therefore do not require the more stringent protection that would be provided for a member of the general public on a passenger ship of similar capacity. The design requirements set forth in the SPS Code scale according to the number of personnel carried, such that the standards for a vessel carrying 60 or fewer people are less stringent than for a vessel carrying between 61 and 240 people. In this way, the SPS Code provides flexibility for the many different types and operational duties of vessels like large OSVs. The SPS Code states, however, that it is not intended for ships transporting or accommodating personnel other than those working on board. Given the nature of the work these large OSVs are likely to pursue, we anticipate that many, but not all, personnel on board would normally be working on board; some may simply be transported to offshore work sites. Therefore, directly adopting the SPS Code would not be appropriate. Instead, this interim rule adds new Subpart F to Part 127 and removes the constraint in existing § 126.170 to allow PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 an OSV of at least 6,000 GT ITC to carry more than 36 offshore workers if the vessel meets the new construction standard set forth there. The new Subpart F aligns closely with the approach of the SPS Code, and takes the similar position that vessels carrying few offshore workers may meet a cargo vessel standard, while vessels authorized to carry large numbers of offshore workers must meet a passenger vessel standard. The interim rule sets thresholds such that vessels carrying fewer than 36 offshore workers meet cargo vessel standards, while vessels authorized to carry more than 240 total persons on board must meet a passenger vessel standard. The bases for these thresholds change from number of offshore workers to total persons on board to align with both pre-2014 regulations (36 offshore workers) and an internationally recognized value (240 total persons). Vessels authorized to carry at least 36 offshore workers but no more than 240 total persons are required to meet a hybrid set of requirements balanced between passenger and cargo standards. In each of these cases, the selected standard is based upon SOLAS rather than other domestic regulations, in keeping with the widespread use of SOLAS in other portions of this rule. This is intended to be more efficient, minimizing the number of references to other sources. Furthermore, as noted elsewhere, given the international nature of work for large OSVs, it is the Coast Guard’s assessment that they would voluntarily comply with these international requirements even in the absence of this regulation. The SPS Code permits a reduced amount of primary lifesaving equipment (lifeboats) when the vessel meets the stricter passenger vessel fire-protection provisions. On passenger vessels, critical safety systems are designed such that they will remain operational for the evacuation and discharge of the passengers for a relatively long period of time—at least 3 hours. This permits a reduction in the overall redundancy of the lifesaving systems. However, the operating environment for large OSVs exposes them to hazards not commonly encountered by passenger vessels and a similar reduction in redundancy, or the lesser protection provided by liferafts instead of lifeboats, is not justified on large OSVs. Therefore, this interim rule requires the lifesaving equipment for large OSVs to comply with SOLAS cargo vessel standards, and does not allow the reductions that may be permitted for passenger or special purpose ships. Because of the operational practices described above, the Coast Guard E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 believes that the majority of personnel on an OSV of at least 6,000 GT will work on board the vessel, operating specialized equipment and performing functions such as anchor handling, diving operations and support, well stimulation, and ROV operations and support. Existing 46 CFR 15.1105 requires that any person assigned shipboard duties must receive basic training in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). In addition, Subchapter L places requirements for safety orientation, drills, and training on offshore workers in §§ 131.320, 131.530, and 131.535. Further, § 131.420 requires enough trained persons aboard each survival craft to muster and assist untrained persons. However, notwithstanding these existing Subchapter L operations requirements for drills and training of offshore workers, the Coast Guard is considering appropriate standards for vessels providing accommodation service (i.e., the supply of hotel-like services such as dining, berthing, and access to recreational facilities) for personnel who are not engaged in work aboard the vessel but are engaged in work on a nearby drilling or production platform on the U.S. Outer Continental Shelf (OCS). (See 77 FR 5039, February 1, 2012). In the future, we may consider additional training requirements for personnel who are not members of the crew and possibly other additional safety standards for vessels that engage in accommodation service. H. Amendments to 46 CFR Part 127, ‘‘Construction and Arrangements’’ This interim rule adds a new § 127.200 to Title 46, specifying that OSVs of at least 6,000 GT ITC must be classed by an authorized classification society recognized under the provisions of 46 CFR part 8. Classification societies ensure that the vessel is built to and complies with a set of design and construction standards. Meeting classification society requirements is consistent with SOLAS Chapter II–1, Regulation 3–1, and we expect that all large OSVs would be classified even if not required by this rule. Requiring the use of an authorized classification society, however, ensures that the classification society requirements are developed by an organization with adequate resources and experience. This interim rule adds a new § 127.225 setting forth structural fireprotection standards based on SOLAS requirements for cargo ships and existing U.S. regulations for tank VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 vessels. SOLAS provides fire-protection standards requiring the use of noncombustible materials (Method IC), but as an alternative allows the use of sprinklers or smoke detectors. The Coast Guard’s longstanding view, as established by regulation, is that the use of these alternatives in lieu of noncombustible materials does not provide an adequate level of safety, and the Coast Guard has advocated that noncombustible construction is superior to reliance on sprinklers or smoke detectors since the fire on board the cruise vessel Morro Castle on September 8, 1934, which caused the deaths of 137 persons. The requirement in § 127.225(a) limits the options available to large OSVs to Method IC construction and is consistent with existing U.S. regulations for other large vessels (e.g., 46 CFR subchapters D, H, and I). Section 127.225 also provides for approval of materials under current U.S. regulations, and applies fire-protection standards based on standards applicable to tank vessels. These provisions for large OSVs are in addition to the general fire-protection provisions for all OSVs at § 127.220. Existing § 127.230 requires OSVs to comply with special stability requirements found in 46 CFR subchapter S, but large OSVs must meet different stability requirements in order to obtain the SOLAS certificates required in § 125.105 and necessary to compete in the international market. To avoid duplication between the two sets of requirements, this rule adds a new paragraph (b) to existing § 127.230 to exempt large OSVs from the domestic stability requirements. Because there is no SOLAS damage stability requirement for cargo ships less than 80 meters in length, we limited this exemption to large OSVs of 80 meters or more in length. OSVs that are less than 80 meters in length would continue to comply with the stability requirements in 46 CFR Subchapter S. Exempted large OSVs may choose to meet the requirements in Subchapter S, so long as they also demonstrate compliance with the SOLAS stability requirements. I. Amendments to 46 CFR Part 128, ‘‘Marine Engineering: Equipment and Systems’’ Existing Part 128 requires OSVs to comply with Subchapter F of Title 46, Chapter I, titled ‘‘Marine Engineering,’’ but lists a number of exceptions specific to OSVs, such as allowing certain piping systems to meet less restrictive standards than those found in Subchapter F. This interim rule makes no change to the requirements for OSVs of less than 6,000 GT ITC, but it does PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 48901 not extend those same exceptions to large OSVs. To accomplish these changes, this rule amends 46 CFR 128.110 by redesignating existing paragraph (b) as (c), without otherwise changing it, and inserting a new paragraph (b) requiring large OSVs to meet Subchapter F. It also makes minor conforming changes to paragraph (a) to make clear that the pre-2014 provision of Part 128 continues to apply to OSVs of less than 6,000 GT ITC, without change. The requirement to meet all of Subchapter F is the same as that for cargo vessels under Subchapter I, and is appropriate for large vessels. As a result of this requirement, pre-2014 exemptions in Part 128 do not apply to large OSVs. In particular, this interim rule clarifies that the fuel requirements for large OSVs should follow Subchapter F. To accomplish this, the interim rule specifies that pre-2014 text of § 128.310 applies to OSVs of less than 6,000 GT ITC, and then adds provisions for large OSVs. The new provisions require that internal combustion engines installed on large OSVs use fuel having a flashpoint of at least 60° C (140° F). This requirement differs from the rule for OSVs of less than 6,000 GT ITC, which requires fuel with a flashpoint of at least 43° C (110° F), but it aligns with the provisions of Subchapter F (see 46 CFR 58.01–10) and the requirements found in SOLAS (see Chapter II–2, Part B). Using fuel with a higher flashpoint is safer as well as consistent with SOLAS requirements for travelling internationally, as is likely for these OSVs. The new provisions of § 128.310 do allow fuels with a lower flashpoint to be used on gasoline-powered rescue boats and emergency generators, or elsewhere with the Coast Guard’s specific approval. J. Amendments to 46 CFR Part 129, ‘‘Electrical Installations’’ Existing Part 129 requires OSVs to comply with Subchapter J of Title 46, Chapter I, titled ‘‘Electrical Engineering,’’ but lists a number of exceptions specific to OSVs. This interim rule makes no substantive change to these limited requirements for OSVs of less than 6,000 GT ITC, but it does not extend those same exceptions to large OSVs. Because of the size and types of operation systems that will be found onboard these large OSVs, the interim rule requires large OSVs to meet all of Subchapter J, aligning it with requirements imposed on similar cargo vessels under Subchapter I. For example, unlike OSVs of less than 6,000 GT ITC, large OSVs must meet the E:\FR\FM\18AUR2.SGM 18AUR2 48902 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations requirements of 46 CFR 111.10–7, which mandates electrical services necessary to start the main propulsion plant from a dead ship condition. Large OSVs must also meet 46 CFR subpart 112.20, Emergency Systems Having a Temporary and a Final Emergency Power Source, which requires an emergency power source and certain transfers of emergency loads. To accomplish this change, this rule amends § 129.110 by redesignating the existing text as paragraph (b), and adding a new paragraph (a). This rule also makes a conforming change to § 129.315(a) so that the section remains limited to OSVs of less than 6,000 GT ITC, as was the case before the Act removed the size limits on OSVs. This interim rule also adds new § 129.570 to require that cargo oil tanks on large OSVs be equipped with alarms to prevent oil spills during cargo transfer. The alarms are intended to alert operators when a cargo oil tank is becoming full, and again when tank overflow is imminent. The new § 129.570 is based on existing regulations for tankships and is appropriate for large OSVs because of the volume of oil these OSVs may carry. mstockstill on DSK4VPTVN1PROD with RULES2 K. Amendments to 46 CFR Part 130, ‘‘Vessel Control’’ To avoid contradictory requirements between existing Part 130 and new marine engineering requirements for large OSVs, this rule makes conforming changes to portions of Part 130 that previously had applied to OSVs of 100 gross tons or more. Specifically, it modifies §§ 130.140 and 130.400 with the phrase, ‘‘Except as provided in § 128.110.’’ Section 128.110 directs large OSVs to comply with Subchapter F, as discussed above, and therefore this language prevents large OSVs from using §§ 130.140 and 130.400 in lieu of Subchapter F. This rule does not change the requirements already found in those sections for OSVs that are of 100 gross tons or more, but less than 500 GRT or 6,000 GT ITC. L. Amendments to 46 CFR Part 131, ‘‘Operations,’’ Addressing Vessel Maneuvering This interim rule adds new 46 CFR 131.990, which requires that certain information about the OSV’s maneuvering capabilities must be displayed in the pilothouse for the use of vessel operators and pilots. The information includes the time and distance necessary to stop the OSV, and a warning about conditions that may alter the information provided. Section 131.990 matches existing provisions that already apply to other vessels of VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 1,600 gross tons or more, including cargo vessels regulated under Subchapter I. M. Amendments to 46 CFR Part 132, ‘‘Fire-Protection Equipment’’ This interim rule makes changes in Part 132 to address certain areas not covered by SOLAS chapter II–2. Section 125.105 requires large OSVs to comply with the SOLAS rules for cargo ships, including the chapter II–2 fireprotection rules, but there are three areas where the SOLAS rules do not include specific criteria for the approval of equipment. This interim rule therefore adds three new sections to clearly state the applicable U.S. requirements for: Fire pumps, fire hoses, and nozzles (see new paragraph (d) in § 132.100); portable and semiportable fire extinguishers (see new § 132.200); and firefighter’s protective clothing and personal safety equipment (see new § 132.365). The fire extinguishers and protective equipment required by these new sections are the same as required on tankships. These requirements are in addition to the pre-2014 fire-protection requirements of Part 132, which continue to apply to other OSVs without change as reiterated in § 132.200(a). Requiring large OSVs to carry fireprotection equipment similar to that on tankships reflects the increased quantities of oil and other flammable liquids these large OSVs may carry. For the same reasons, this rule adds new § 132.390 to ensure an adequate level of fire protection for the greater quantities of flammable or combustible liquids expected to be carried on large OSVs. Except for OSVs fitted with a deck foam system, all large OSVs must carry at least two 135-kg semi-portable dry chemical fire extinguishers to mitigate the fire risk associated with a spill on the weather deck. A deck foam system is necessary on large OSVs carrying larger quantities of certain flammable and combustible liquids to address the greater fire risk presented by these quantities. Therefore, for large OSVs that carry 3,000 cubic meters or more of flammable or combustible liquids with a flashpoint of 60 °C (140 °F) or below in fixed tanks, this interim rule requires cargo area and cargo-pump room fire-extinguishing systems similar to those required on tank vessels. OSVs with this cargo carrying capacity must have a deck foam system designed to tankship standards where the cargo tanks extend vertically to the weather deck. The requirement to provide foam coverage for the total deck area is intended to mitigate the fire risk associated with spills taking into consideration the additional potential PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 hazard of cargo tank physical damage (e.g., explosion, dropped load) as well as the possibility of spills from associated deck fittings such as pumps, valves, and vents. If the cargo is carried in double bottom or other tanks that do not extend to the weather deck, the foam system is only required to protect weather deck areas within 10 feet (3 m) of potential leak sources such as manifolds and vents, since it is considered that in these cases the possibility of a large volume spill covering the entire deck is less likely. These OSVs also are required to have a fixed total flooding gas fire extinguishing system designed to tankship standards for the protection of any accessible below-deck cargo pump rooms or other enclosed spaces that contain tank openings, pumps, flanges, valves, loading manifolds, or other potential sources of leakage. The regulation refers to accessible belowdeck spaces because it is not intended to require extinguishing systems in spaces not easily accessed by the crew, such as cofferdams, where such leak points are unlikely to be present. Review of currently operating OSVs complying with Subchapter L revealed that the great majority carry less than 3,000 cubic meters of flammable or combustible liquids as cargo. To address the greater fire risk presented by the carriage of larger quantities of flammable or combustible liquids by larger OSVs, this interim rule requires additional fire-protection measures compared to current Subchapter L when volumes greater than 3,000 cubic meters of flammable or combustible liquids are carried. N. Amendments to 46 CFR Part 134, ‘‘Added Provisions for Liftboats’’ A liftboat is a subtype of OSV that has movable legs. The legs, when resting on the sea floor, raise the hull above the sea to create a platform from which work can be performed on another offshore structure. Most liftboats are relatively small—usually less than 1,000 GT ITC— but the Coast Guard is aware of larger liftboats operating overseas, and of some limited interest in developing U.S.flagged liftboats of at least 6,000 GT ITC. The safe construction and operation of liftboats requires consideration of unique factors, including leg strength and stability, sea floor stability, vulnerability to wind, height of the hull above the water, and the speed at which the hull is raised. The existing regulations in Part 134 of Subchapter L were designed to address these concerns but, because liftboats historically have been small, the Coast Guard currently lacks data with which to evaluate the E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations safety of liftboats of 6,000 GT ITC or more. The Coast Guard also does not believe that the purpose of the Act was to provide for extremely large liftboats, because liftboats are a unique type of vessel and generally do not undertake the cargo and personnel carriage that was the focus of the Act. Therefore, this interim rule provides that liftboats of 6,000 GT ITC or more are permitted only on a case-by-case basis with the approval of the Commandant. As the demand for and design requirements of large liftboats becomes clearer, the Coast Guard will consider developing a regulatory framework for them. We encourage the public to submit information about larger liftboats; in particular, we request information on the likelihood of liftboats reaching or exceeding 6,000 GT ITC, and on whether large liftboats should meet the requirements of 46 CFR subchapter I–A for mobile offshore drilling units (MODUs). mstockstill on DSK4VPTVN1PROD with RULES2 O. Amendments to 46 CFR Part 2, ‘‘Vessel Inspections’’ In 46 CFR 2.10–25, the Coast Guard revised the definition of ‘‘offshore supply vessel’’ by removing the upper size limit previously found in paragraph (3) of that definition. Removing the upper size limit is appropriate in light of the change made by the Act to the underlying statutory authority, and brings large OSVs within the existing Part 2 vessel inspection provisions. This rule makes no change to vessels of 15 or fewer gross tons. The definition of OSV otherwise remains unchanged, and the Coast Guard did not alter other sections of Part 2 that mention OSVs. The Coast Guard is aware of similar definitions in Parts 68 and 175, but found that these provisions were specific to particular groups of OSVs and that it would be unnecessary to revise these definitions in order to implement the Act. P. Amendments to 46 CFR Part 15, ‘‘Manning Requirements’’ This rule implements manning requirements for large OSVs as required by the Act. Section 617(d) of the Act amended 46 U.S.C 8104 to permit the use of two watches in certain circumstances, so long as the officers and crew are ‘‘in compliance with hours of service requirements (including recording and recordkeeping of that service) as prescribed by the Secretary.’’ This interim rule revises 46 CFR 15.705 to reflect that statutory requirement, and specifies that the individuals must be in compliance with the work hours and rest period requirements found in 46 VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 CFR 15.1111. We expect that vessels subject to this rule will seek international certification and, as a result, be required to meet the STCW Convention requirements implemented in 46 CFR Part 15, Subpart K, including the hours of work hours and rest period requirements found in 46 CFR 15.1111. Section 617(c) of the Act amended 46 U.S.C. 8301 to specify the minimum number of licensed individuals required aboard OSVs. It requires that an OSV of less than 500 GRT or 6,000 GT ITC have one licensed mate on a voyage of less than 600 miles, and two licensed mates on a voyage of at least 600 miles. It also requires that an OSV of at least 6,000 GT ITC have two licensed mates on a voyage of less than 600 miles, and three licensed mates on a voyage of at least 600 miles. This interim rule revises 46 CFR 15.810 to reflect the statutory changes, while leaving in place the existing regulatory alternative for vessels of less than 100 gross tons. Specifically, this interim rule removes § 15.810(b)(4), which had applied to OSVs of 100 gross tons or more, and redesignates § 15.810(b)(5) as (b)(4). The interim rule then creates two new paragraphs: New paragraph (b)(5) for OSVs of between 100 GRT and 500 GRT or 6,000 GT ITC, and new paragraph (b)(6) for OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). These new paragraphs implement the manning requirements stated in the Act. The interim rule uses the term ‘‘credentialed’’ rather than ‘‘licensed’’ because the Coast Guard now issues Merchant Mariner Credentials (MMCs) rather than licenses. The term ‘‘credentialed’’ encompasses ‘‘licensed’’ as used in the Act, and includes any licensed mate whose license will be replaced with an MMC after the license expires. We anticipate that credentialed mates will keep watch, with the Master and Chief Engineer occasionally standing in for high-intensity operations or in the case of illness or fatigue. This view is supported by the National Offshore Safety Advisory Committee (NOSAC) report, ‘‘Certifications and Standards for Large OSVs,’’ dated April 18, 2008, and available in the docket. The master is distinct from the mate in our existing regulations, and should not be counted as one of the mates required on an OSV. As was the case before the Act, the amended statute and the revised regulations require more mates for vessels on longer voyages. Previously, regulations had stated that a voyage includes the accrued distance from port of departure to port of arrival and does not include stops at offshore points. The Coast Guard has become aware, PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 48903 however, that some readers misinterpret this provision to restart the voyage at each offshore point. This is an incorrect reading of the current language and undermines the purpose of the regulation, which is to provide for more mates—and therefore, shorter watches and less fatigue—on long voyages, even if those voyages include visits to offshore points. Therefore, new § 15.810(b)(6) for large OSVs clarifies that a voyage includes the total accrued distance between departing and arriving at a port. Although the Coast Guard’s understanding of ‘‘voyage of less than 600 miles’’ remains the same as explained above, the Coast Guard has chosen not to change the language in paragraph (b)(5) in this interim rule. Instead, the Coast Guard invites the public to submit information on how it measures voyages under this provision and what, if anything, would change as the result of a clarification similar to the one in paragraph (b)(6). The Coast Guard is considering inserting the clarification from paragraph (b)(6) into paragraph (b)(5) in the final rule that will follow this interim rule, and public comments will assist that decision. Based on the NOSAC report, this rule modifies 46 CFR 15.825 to specify that large OSVs approved for the use of automated systems must carry at least one assistant engineer. The Coast Guard agrees with this NOSAC recommendation because, as the size of the vessel increases, so do the engineering demands. The increased number of engineering components and the enhanced complexity of component technology make it important to keep enough personnel on board to maintain those components, and to respond to shipboard emergencies and equipment failure. For these reasons, large vessels usually carry one or more assistant engineers. The requirement that large OSVs carry an assistant engineer is only a minimum standard and the operator should provide additional engineers if necessary for safe vessel operation. Additionally, the Officer in Charge, Marine Inspection (OCMI) may continue to require more than one engineer under existing § 15.825(c), which has been redesignated as paragraph (d). The Coast Guard is aware that the Act necessitates other changes to regulatory requirements for mariners, including requirements in 46 CFR subchapter B governing mariner credentialing. We anticipate addressing these changes in a separate rulemaking. E:\FR\FM\18AUR2.SGM 18AUR2 48904 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations Q. Amendments to 46 CFR Part 62, ‘‘Vital System Automation,’’ and Related Amendment to 46 CFR Part 61, ‘‘Periodic Tests and Inspections’’ Most large modern vessels use automated control and monitoring systems to replace specific personnel or to reduce overall crew requirements. The Coast Guard regulates and tests automated vital systems to ensure that a vessel with automated systems is as safe as a vessel under direct manual operator supervision. Coast Guard regulations at 46 CFR part 62 address automation and already apply to tank vessels and cargo vessels over 500 GRT as well as passenger vessels over 100 GRT. Because of the hazards associated with larger vessels carrying more cargo and personnel, the automated systems regulations in Part 62 are appropriate for large OSVs. This interim rule amends the applicability section of Part 62 to include large OSVs. This interim rule also makes a related change to 46 CFR part 61, which addresses testing of vital system automation. Within the text of Part 61, this rule revises the last sentence of existing § 61.40–10(b) so that the Marine Safety Center, rather than Coast Guard Headquarters (CG–ENG) approves other test techniques. This is an administrative change with no substantive impact on the public and, as discussed in Section IV of this preamble, the Coast Guard finds good cause to make this change without prior notice and comment and without delay. mstockstill on DSK4VPTVN1PROD with RULES2 R. Amendments to 46 CFR Part 90, ‘‘General Provisions’’ for Cargo and Miscellaneous Vessels 46 CFR subchapter I provides regulations for cargo and miscellaneous vessels. Prior to the creation of Subchapter L in the 1990s, OSVs were regulated under Subchapters I and T. Subchapter I contains ‘‘grandfathering’’ language, matching that in Subchapter L, that distinguishes between OSVs subject to Subchapter I and OSVs subject to Subchapter L. (Subchapter T contains similar language, but is specific to vessels of less than 100 gross tons and therefore not affected by this rule.) This interim rule revises § 90.05–20 in Subchapter I to conform to § 125.100 by inserting provisions for large OSVs grandfathered under § 125.100 as discussed above (i.e., large OSVs certificated under section 617(f)(3) of the Act and vessels of at least 6,000 GT ITC that have not undergone a major conversion under § 125.100(e)). These vessels are subject to Subchapter I. This rule makes similar changes to the definition of OSV at § 90.10–40. The VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 rule removes the upper size limits from paragraph (a), in accordance with statutory changes made by the Act. In paragraph (b), it adds a definition of ‘‘existing’’ large OSVs to which the grandfathering provisions of § 90.05–20 will apply, and in paragraph (c), it adds a definition of ‘‘new’’ large OSVs that will be subject to Subchapter L. This interim rule also makes nonsubstantive changes to the existing language of §§ 90.05–20 and 90.10–40 to improve clarity. For example, because the sections now discuss both GRT and GT ITC measurements, this interim rule replaces the word ‘‘tons’’ with ‘‘GRT’’ and includes references to the appropriate definitions in Subchapter L. These changes do not alter the requirements previously applicable to OSVs of less than 500 GRT or 6,000 GT ITC. Because they are non-substantive administrative changes made to improve clarity, the Coast Guard finds that prior notice and comment is unnecessary, and finds good cause to make these changes effective upon publication as described in Section IV above. S. Amendments to 46 CFR Part 110, ‘‘General Provisions’’ Within Subchapter J, ‘‘Electrical Engineering’’ 46 CFR part 110 includes the incorporation by reference and definitions sections for the whole of Subchapter J, including Part 111. Most of the changes this interim rule makes to Part 110 involve incorporations by reference and new definitions applicable to requirements found in Part 111 and discussed in detail below. The definitions of note in § 110.15–2 are those that explain the hazardous location classifications used in new Subpart 111.106, which is specific to hazardous locations on large OSVs. As explained in the portion of the preamble below that discusses Subpart 111.106, this interim rule provides for a choice of industry standards to apply in hazardous locations, and each incorporated standard uses slightly different terms to classify hazardous locations. The definitions in § 110.15–2 provide a standard frame of reference for readers who may be using any of the incorporated standards. This rule also adds a new paragraph (p) to § 110.25–1, to specify requirements for submitting plans for OSVs to which new Subpart 111.106 applies. Subpart 111.106 is discussed below. Section 110.25–1(p) requires submission of plans that demonstrate the safe design of potentially hazardous locations, particularly on OSVs carrying flammable cargoes. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 T. Amendments to 46 CFR Part 111, ‘‘Electric Systems—General Requirements’’ The term ‘‘hazardous location’’ is broadly understood as an area where flammable gasses, vapors, liquids, or other ignitable substances may concentrate, resulting in a fire or explosion hazard. The Coast Guard regulates hazardous locations on vessels to ensure that electrical components are either absent from hazardous locations or, if they must be present, are of a type that is unlikely to cause a fire or explosion. Although Part 111 already contains a subpart on hazardous locations, the Coast Guard has added provisions specific to large OSVs to reflect current, widely accepted standards and to address the hazards posed by large vessels potentially carrying flammable substances and/or large numbers of people. This rule creates new § 111.05–20 to specify that large OSVs designed to carry flammable or combustible liquid cargoes with closed-cup flashpoints not exceeding 60 °C (140 °F), such as methanol, may have a grounded distribution system only if the current does not flow directly through any hazardous locations bounded by flammable or combustible liquid cargo integral storage tanks. This provision is intended to avoid the introduction of an electrical arc into a hazardous location given the provisions for use of increased quantities of flammable liquids on larger vessels. This rule also creates new Subpart 111.106, ‘‘Hazardous Locations on OSVs,’’ specifically for large OSVs. The Subpart provides a choice of standards with which electrical installations must comply when they cannot be placed outside hazardous locations, and testing and certification requirements appropriate to each choice. Electrical installations must comply with either National Electric Code (NEC) standards or International Electrotechnical Commission (IEC) standards, subject to certain testing requirements and, in the case of the IEC option, substitution of U.S. requirements for certain provisions of the international standard. This rule provides the flexibility to choose an internationally accepted certification system that existing Subpart 111.105 does not provide. With respect to U.S. industry standards, this rule allows hazardous locations on large OSVs to comply with either of two classification systems found in the NEC, also known as National Fire Protection Association 70 (NFPA 70). Both of these systems classify hazardous locations according E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 to likely presence of flammable substances. Hazardous locations may comply with Articles 500 through 504 of NFPA 70, which classify areas into three Classes, each containing two Divisions. These Articles set forth requirements for the design, location, and required and prohibited contents for each Division. Alternatively, hazardous locations may comply with Article 505 of NFPA 70, which provides an alternative system classifying areas into Zones. NFPA 70 contains guidance on moving between the two systems. We use the term ‘‘Class I, Special Division 1’’ to describe areas within Class I, Division 1, under Article 501 that are equivalent to Zone 0 under Article 505. This term is based on the American Petroleum Institute Recommended Practice (API RP) 500. Regardless of which portion of NFPA 70 is followed, this rule requires that equipment be tested, and listed or certified, by an independent laboratory. The Coast Guard generally requires third-party testing for critical equipment, such as lifesaving and firefighting equipment, and believes that safe certification for electrical systems on large OSVs must include independent third-party certification. This requirement is consistent with other regulatory agencies’ approach to electrical equipment in hazardous locations in other types of facilities, such as refineries. In accordance with NFPA 70, this rule provides a choice of standards against which the equipment may be evaluated: For the Class and Division system set forth in Article 500, the equipment may meet a selection of American National Standards Institute (ANSI), Underwriters Laboratories, FM Approvals, and Canadian Standards Association standards, while for the Zone system set forth in Article 505 the equipment may meet certain standards from the ANSI/ISA 60079 series. Where any of these standards are used, certification would be performed by an independent laboratory meeting 46 CFR part 159.1 As an alternative to U.S. standards, and to provide regulatory flexibility, this rule allows hazardous locations on large OSVs to comply with the widely accepted international standard IEC 60092–502, ‘‘Electrical installations in 1 The authority for current 46 CFR part 159 is 46 U.S.C. 3306, which ‘‘contains broad authority to prescribe regulations for proper inspection and certification of vessels,’’ House Report No. 98–338 (August 1, 1983), 1983 U.S.C.C.A.N. 924, 954–53, including the specific requirement to prescribe regulations to carry out the statutory requirements ‘‘in the most effective manner,’’ 46 U.S.C. 3306(a). The Coast Guard finds the use of independent laboratories in the Coast Guard’s approval process to be ‘‘the most effective manner’’ of executing and carrying out its obligations under section 3306. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 ships—Tankers—Special features.’’ The Coast Guard chartered a study by ABSG Consulting to evaluate IEC 60092–502, and the 2010 report is available in the docket. The study modeled gas dispersion from multiple scenarios with various vapor sources, cargoes, and ventilation rates, and compared it to values provided in the IEC standard. Overall, the study validated the IEC approach, with certain exceptions, because it indicated that in most cases the flammable vapors were well inside IEC Zone 1 areas. We therefore adopt the IEC 60092–502 standard in this rule with some exceptions, which are discussed in detail below. In general, we retained the zones defined by IEC 60092–502 except where the study indicated that zones defined by IEC 60092–502 might not be large enough, in which case we enlarged the zones. Where the study implied that zone sizes may be reduced, we retained the IEC 60092–502 zones to promote safety and compliance with international standards. The study indicated that for certain cargoes during cargo transfer, flammable vapors from large-volume tank vents tended to sink to the deck, forming a blanket extending beyond area boundaries that were developed based only upon distance from the vent (i.e., boundaries similar to existing § 111.105–31(f) and IEC 60092–502 Regulation 4.2.2.7; see page 27 of the study). This was the case whether or not ventilation was restricted. Based on this, we adopted the IEC 60092–502 regulation 4.2.2.11 requirements in this area, with the exception that the hazardous location designation applies whether or not ventilation is considered to be restricted. Similarly, for largevolume tank outlets the study indicated that vapors tended to extend beyond the 6-meter Zone 1 area of IEC 60092–502 Regulation 4.2.2.8, and we adopted an 8-meter zone to account for this. These modifications appear in new § 111.106– 9. The study also suggested that the use of mechanical ventilation may not be sufficiently effective in reducing flammable vapor concentration down to safe levels in certain hazardous locations (see pages 30–33 and 53 of the study). We therefore did not adopt the portions of IEC 60092–502 Regulation 4.1.4, Table 1, that allow enclosed spaces to be reclassified based upon mechanical ventilation; instead, we inserted new §§ 111.106–13(b) and 111.106–15. Finally, the study consistently indicated the presence of ignitable vapors in the immediate proximity of certain vapor release point sources, a finding that is consistent with PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 48905 API RP 505 standards (see API RP 505 6.5.5). We therefore adopted zone 0 areas similar to those found in API RP 505. In some cases, the study indicated that certain Zone 1 areas may be reduced. For the reasons discussed above, this rule does not reduce the areas, but the Coast Guard is interested in receiving public comments on whether these zone requirements should be reduced. For example, because modeling indicated that gasses extended no further than 0.5 meters above the deck, a height of 2.4 meters for Zone 1 as described in IEC 60092–502 Regulation 4.2.2.11 may be larger than necessary. For certain vapor sources where a failure (e.g., failure of a valve or flange) is required for vapor release, it may be reasonable to reduce the size of the Zone 1 hazardous location for these vapor sources. We welcome public comment on this topic. For other vapor sources (e.g., vents) where vapor is likely to be present without a failure, however, we do not believe it is reasonable to reduce the Zone 1 sizes. As with the domestic standards, electrical installations in compliance with IEC 60092–502 must be tested and approved or certified by an independent authority. For vessels designed to compete on the international market or built in foreign shipyards, in this rule the Coast Guard adopts the international certification system, IECEx (Certification to Standards Relating to Equipment for use in Explosive Atmospheres), a certification system that is based on full testing to the IEC 60079 series of standards. The IECEx system ensures testing of equipment by a competent authority other than the manufacturer. Approval under the IECEx system involves an Ex Certification Body (ExCB) and an Ex Testing Laboratory that have been accepted into the IECEx system after meeting competence requirements found in the International Organization for Standardization ISO/ IEC Standard 17025 and related IECEx procedures. The Ex Testing Laboratory tests the covered equipment to determine whether it meets IECEx system standards, and drafts an IECEx Test Report to document the test results. The ExCB reviews the manufacturing quality assurance process and issues an IECEx Quality Assessment Report. Based on these reports, the ExCB may then issue an IECEx Certificate of Conformity for the equipment. The Coast Guard considered allowing certification of electrical equipment under the Directive on Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres (94/ 9/EC) (‘‘ATEX directive’’), which is used E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 48906 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations in Europe and is harmonized with the IECEx system, but chose not to do so because the ATEX directive does not guarantee testing by a competent authority other than the manufacturer. ATEX is a part of a series of European laws, the EC Directives, which are applicable to the European Economic Area member states. The ATEX directive contains Essential Health and Safety Requirements for products applied in hazardous areas, instead of restrictive references to standards. The ATEX Directive allows all kinds of standards to be used. When the harmonized standards are used, it provides the presumption of conformity with the Essential Health and Safety Requirements. Use of the IEC 60079 series is provided for already in existing Subpart 111.105; currently, when the Coast Guard discovers ATEX equipment or components installed on U.S. inspected vessels, it requires that this equipment be replaced or proven through testing to comply with IEC standards. In some cases, the laboratory that certified the equipment under the ATEX directive has found that additional tests are necessary to recertify the equipment under the IECEx system. This demonstrates that, although these standards are harmonized, there is a possibility that equipment certified under the ATEX directives is not safe for the intended use. In addition, most IMO conventions for seagoing vessels refer to IEC series standards. For protections not covered by the standards discussed above, this interim rule incorporates existing requirements for other large vessels. For example, § 111.106–3 contains submerged pump motor requirements based on existing Subpart 111.105 and tank barge regulations, and cargo tank separation and cargo piping requirements based on fire-protection provisions for tank vessels. It also incorporates ASTM F2876–10, ‘‘Standard Practice for Thermal Rating and Installation of Internal Combustion Engine Packages for Use in Hazardous Locations in Marine Applications,’’ to address the growing use of engines with electronic controls that could cause arcing or sparking in a hazardous area. This rule provides flexibility by allowing cable and wiring to comply with a selection of international and domestic standards. It also adopts existing domestic rules for tank vessels that have glands or pressure seals on the gastight bulkhead between machinery spaces and hazardous locations. In new § 111.106–15, this rule adopts portions of IEC 60092–502, Clause 8, as well as existing gas carrier rules at 46 CFR VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 154.1205 with respect to air changes and related ventilation requirements. This rule also addresses the prevention of static build-up in cargo tanks and piping by requiring electrical bonding in accordance with § 153.461 for flammable or combustible cargoes. The regulations in Subpart 111.106 are similar to regulations the Coast Guard has proposed in a separate rulemaking project regarding electrical equipment in hazardous locations on board foreign Mobile Offshore Drilling Units (MODUs), floating OCS facilities, and vessels that engage in OCS activities, excluding OSVs (78 FR 37760). Although the regulations are very similar because the Coast Guard’s overall policy and safety concerns are the same, neither rulemaking project is intended to conflict with or modify the other. The proposed rule on hazardous locations affects a different group of vessels and facilities, not large OSVs. U. Amendments to 46 CFR Part 174, Subpart G, ‘‘Special Rules Pertaining to Offshore Supply Vessels’’ As discussed above, this interim rule revises § 127.230 to exempt large OSVs from Part 174, Subpart G, because large OSVs must instead meet SOLAS requirements for stability. Therefore this rule modifies § 174.180, which is the applicability provision of Subpart G, to clarify that large OSVs need not meet Subpart G. V. Amendments to Incorporation by Reference Sections, 46 CFR Parts 110 and 125 Many of the substantive changes discussed earlier in this preamble involve industry standards or other published material that this interim rule incorporates by reference. Incorporating these industry standards ensures that our regulations are based on the consensus of experts in the field, and increases the likelihood they are compatible with established best practices and international standards. When Coast Guard regulations require compliance with the provisions of these standards, the provisions should be read as mandatory regulatory requirements even if the standard development organization has used advisory or recommendatory language. The incorporated standards are listed in existing centralized incorporation by reference sections at 46 CFR 110.10–1 and 125.180. In addition to incorporating new material necessary to the substance of the rule, this rule reformats the existing incorporation by reference sections for consistency with Office of the Federal Register drafting guidelines, and provides updated PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 publisher contact information. This interim rule does not remove, replace, or otherwise affect any material previously incorporated by reference. Because reformatting and the addition of publisher contact information are administrative changes with no substantive effect on the public, the Coast Guard finds good cause to make these changes effective immediately and without prior notice and comment, as described in Section IV of this preamble. VII. Incorporation by Reference The Director of the Federal Register has approved the material in 46 CFR 110.10–1 and 125.180 for incorporation by reference under 5 U.S.C. 552 and 1 CFR part 51. You may inspect this material at U.S. Coast Guard Headquarters where indicated under ADDRESSES. Copies of the material are available from the sources listed in 46 CFR 110.10–1 and 125.180. VIII. Regulatory Analyses We developed this interim rule after considering numerous statutes and executive orders related to rulemaking. Below, we summarize our analyses based on these statutes and executive orders. A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This interim rule has been designated a ‘‘significant regulatory action,’’ although not an economically significant regulatory action, under section 3(f) of Executive Order 12866. Accordingly, the interim rule has been reviewed by the Office of Management and Budget. A preliminary Regulatory Analysis (RA) is available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. Pre-2010 Authorization Act Baseline Prior to the Authorization Act, owners wishing to build and operate OSVs were subject to a pre-existing system of regulations and standards. For example, E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 OSVs had to comply with Subchapter L requirements, including: • Design plan review and approval • Initial inspection and certification process • Design standards • Operating requirements, including manning • Limitation on the size of OSVs (not greater than 6,000 GT ITC). However, as the OSV industry has become more heterogeneous, it has started to develop more size-specific standards and rules, particularly those focused on larger vessels—as opposed to the homogenous set of requirements currently required of all OSVs by the Coast Guard. This interim rule will update current regulations to account for this heterogeneity among OSVs. These size-specific standards have been adopted by international organizations and classification societies. Although the U.S. Coast Guard has never required OSVs to comply with international standards as a flag state in the past, prospective vessel owners and operators who wished to perform international work are required by international law to comply with international standards such as SOLAS, MARPOL, and ICLL. Because of the nature of OSV work, with contracts lasting a few months to a few years, owners and operators of larger OSVs have designed and constructed their vessels with the ‘‘intent of being able to operate in nearly all major oil and gas producing regions of the world’’ (i.e., the U.S. Gulf of Mexico, the Persian/ Arabian Gulf, West Africa, and Brazil) in order to ensure that the vessel is able to mobilize immediately to a new region following the completion of its current contract.2 Compliance with some international standards is also required for participation in Coast Guard’s Alternate Compliance Program (ACP).3 Based on the Coast Guard’s MISLE database, our research indicates that all existing U.S.-flagged OSVs greater than 3,000 GT ITC have complied with these international standards, and we expect that this trend will continue with OSVs larger than 6,000 GT as well. All of the OSVs greater than 6,000 GT that have been built under the interim process have also voluntarily sought these international certificates. Similarly, for insurance and other market-driven reasons, owners of OSVs 2 Tidewater, Inc. ‘‘Setting the Pace: 2013 Tidewater Annual Report.’’ http://phx.corporateir.net/phoenix.zhtml?c=81406&p=irolreportsannual. 3 The ACP is a voluntary program in which Classification Society Rules, International Conventions, and an approved U.S. Supplement provide an alternative that is equivalent to Title 46, Code of Federal Regulations (CFR). VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 are complying voluntarily with Classification Society standards. Based on Coast Guard’s MISLE database, all OSVs in the 3,000 to 6,000 GT ITC range have voluntarily been classed by an approved Classification Society. All of the OSVs greater than 6,000 GT that have been built under the interim process have also voluntarily been classed. Recent practice shows that some owners of large OSVs elect to pursue multiple certifications under other subchapters to provide flexibility to match client needs and to maximize revenue generation potential. For example, OSVs have been certificated under, and therefore have to comply with the requirements in, subchapters I, D, and O to act as petroleum and chemical tankers in addition to acting as supply vessels.4 With this rulemaking, ship owners and operators will have specific standards in Subchapter L to address the design, construction, and operation of these larger vessels that can perform multiple services, thereby no longer needing to get certificated under multiple subchapters in order to perform multipurpose work. These standards primarily align with existing Coast Guard regulations, as well as with international requirements that ship owners and operators would likely comply with anyway to safely meet energy market demands and pursue offshore energy ventures that are farther offshore and in deep waters. 2010 Authorization Act Requirements In the Coast Guard Authorization Act of 2010, Congress removed the size limit on OSVs and directed the Coast Guard to implement regulations for OSVs of at least 6,000 gross tonnage as defined by the International Convention on Tonnage Measurement of Ships 1969 (6,000 GT ITC). Congress also directed the Coast Guard to issue regulations to implement the Act and ‘‘to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels’’ (see section 617(f) of the Act). In addition to removing the size limit, Congress also specified requirements in three areas for OSVs greater than 6,000 GT ITC: • Oil fuel tank protection; • The number and qualification of crew; and • Division of watches. These additional requirements provide enhanced levels of environmental protection and safety, 4 2013 Proxy Material and 2012 Annual Report http://ir.hornbeckoffshore.com/ phoenix.zhtml?c=132245&p=irol-reportsannual. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 48907 which is needed as a result of large OSVs carrying a larger quantity of oil and hazardous material, as well as a larger number of persons on board. Because these expanded services are more typically provided by tank and cargo vessels, the Coast Guard has based its enhanced requirements on existing provisions in Subchapters I, O, and D. Through doing so, we expect no additional cost impacts, because OSVs would already be required under the existing regulatory regime to comply with these additional Subchapters if they wished to provide the additional services governed by those Subchapters. Interim Process Following the passage of the Act, a new interim process was established, which allows the construction of vessels of at least 6,000 GT ITC to be certificated as large OSVs on a case-bycase basis. Under this case-by-case process, large OSVs would be approved under the existing regulatory structure, whereby the vessel would be required to meet existing Coast Guard regulations applicable to smaller U.S.-flagged OSVs, and, in cases in which the vessel wished to provide dual services (such as also acting as a tanker or cargo vessel), the vessel would also be required to meet the applicable existing regulations for those vessel types. Under the interim process thus far, prospective vessel owners and operators voluntarily agreed during the design basis stage of the interim process to meet the interational standards required for international work (SOLAS, MARPOL, and ICLL) and class standards. As noted previously, 100 percent of existing OSVs in the 3,000–6,000 GT range have voluntarily complied with these international requirements so as to be able to compete for work on the international market. Need for Federal Regulatory Action The interim rule is needed for several reasons. Primarily, this interim rule allows the Coast Guard to fulfill Congress’ direction to issue an interim rule ‘‘as soon as is practicable’’ to implement the 2010 Authorization Act. The interim rule also codifies existing current industry practices of larger OSVs (from 3,000 GT ITC to 6,000 GT ITC) in areas such as compliance with international standards and classification. The interim rule helps to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on OSVs of at least 6,000 GT ITC by specifying requirements that reflect the operating characteristics of larger OSVs. Further, as a result of this rulemaking, ship owners and operators will have E:\FR\FM\18AUR2.SGM 18AUR2 48908 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations specific standards in Subchapter L to address the design, construction, and operation of these larger vessels, thereby no longer needing to get certificated under multiple subchapters in order to perform multipurpose work. These standards primarily align with existing Coast Guard regulations, as well as with international requirements that ship owners and operators would likely comply with anyway to safely meet energy market demands and pursue offshore energy ventures that are farther offshore and in deep waters. In comparison with the interim process, the interim rule eliminates the regulatory uncertainty and inefficiencies that the current case-by-case process inherently produced for both industry and government. Instead of going through a lengthy case-by-case review, this interim rule will provide specific standards in subchapter L for owners and operators to meet when designing and constructing a large OSV and will establish a standardized regulatory oversight process for government officials. In addition to improving efficiency, the interim rule will improve transparency, as the standards that Coast Guard applies will be publicly available and subject to public comment before finalization. Affected Population Currently, the portion of the global OSV market served by OSVs of at least 6,000 GT ITC is largely captured by nonU.S. vessels as shown in Table 1 below, given past statutory restrictions on OSV size and uncertainties regarding the interim process.5 The table identifies domestic firms’ share of the OSV market for the 1,001 through 6,000 gross tonnage ranges, in which U.S.-flagged OSVs account for approximately 10 percent of the world fleet. This interim rule will open the markets served by OSVs of at least 6,000 GT ITC to domestic entities. TABLE 1—EXISTING U.S.- AND FOREIGN-FLAGGED OSVS BY GT ITC TONNAGE OPERATING IN U.S. AND INTERNATIONAL WATERS 1,601–3,000 3,001–5,000 5,001–6,000 6,001–10,000 U.S.6 ........................................... Foreign 7 ..................................... 107 975 157 1,331 58 401 9 40 1 111 1 52 333 2,910 Total .................................... U.S. Percent of Fleet ................. mstockstill on DSK4VPTVN1PROD with RULES2 1,001–1,600 10,000+ Total 1,082 10 1,488 11 459 13 49 18 112 1 53 2 3,243 10% The offshore energy market has experienced increased demand for high endurance operations required for deepwater exploration far offshore. ‘‘Since the first major deepwater leasing boom in 1995 and 1996, a sustained and robust expansion of deepwater drilling activity has occurred, largely enabled by major advances in drilling technology. In 2001, U.S. deepwater offshore oil production surpassed shallow water offshore oil production for the first time. By 2009, 80 percent of offshore oil production and 45 percent of natural gas production occurred in water depths in excess of 1,000 feet, and industry had drilled nearly 4,000 wells to those depths.’’ 8 This trend toward exploration in deep water and farther offshore necessitates larger OSVs that can haul more offshore workers, excess fuel, drill string, and mud. Further, it requires OSVs that are better equipped to handle platform support and construction, subsea construction and pipelaying, diving support, as well as towing of rigs and well stimulation. OSVs under 6,000 GT ITC do not have the capacity to meet these additional capabilities farther offshore, and as a result, industry is turning to OSVs of at least 6,000 GT ITC to fill these needs. ‘‘The demand for large [platform supply vessels, which are a type of OSV] with dynamic positioning has outpaced the supply of vessels for most of 2012. New deliveries and [OSVs] mobilizing back to the U.S. Gulf [of Mexico] have been unable to keep up with demand, forcing drilling operators to supplement smaller vessels, which are readily available. While these smaller vessels may be adequate, they are not optimal for deepwater support work.’’ 9 The Coast Guard anticipates that domestic entities would like to capture some of this market, as evidenced by the construction of two, and the design basis application and approval for an additional four, U.S.-flagged vessels of at least 6,000 GT ITC. This interim rule would permit U.S.-flagged vessels of at least 6,000 GT ITC to be certificated as OSVs under subchapter L standards, which would allow U.S. firms to benefit from access to this increased demand. While the Coast Guard is unable to forecast with certainty the number of U.S.-flagged OSVs of at least 6,000 GT ITC that may be built to meet the increasing demand for larger OSVs, the number of vessels constructed or seeking approval under the interim process found in section 617(f)(3) of the Act may provide some insight. In 2013, four vessels sought approval under this process, while two vessels have already been constructed. Furthermore, the Coast Guard anticipates that this new population of OSVs will follow a growth pattern similar to that of OSVs greater than 3,000 GT ITC but less than 6,000 GT ITC since this was the extent of larger sized U.S.-flagged OSV growth under the size limit restriction. Through review of the Marine Information for Safety and Law Enforcement (MISLE) database, the Coast Guard has determined that on average four U.S.-flagged OSVs between 3,001 and 6,000 GT ITC were constructed per year from 1998 through 2013. Given the current environment of the offshore energy market, the Coast Guard anticipates that the number of large U.S.-flagged OSVs built per year will be similar to the number of U.S.-flagged OSVs between 3,001 and 6,000 GT ITC built per year from 1998 through 2013. Therefore, we do not expect more than four U.S.-flagged OSVs of at least 6,000 5 There exist two U.S.-flagged vessels of at least 6,000 GT ITC currently operating in U.S. waters. These vessels have been certificated under the interim process created by section 617(f)(3) of the Act as large OSVs that meet subchapter I and additional requirements from design basis agreements. 6 Data on U.S.-flagged vessels was derived from Marine Information for Safety and Law Enforcement (MISLE) on October 25, 2013. 7 Data on foreign-flagged vessels operating global was obtained from Clarkson Research’s Offshore Vessel Register on December 9, 2011. 8 Department of the Interior, ‘‘Increased Safety Measures for Energy Development on the Outer Continental Shelf,’’ May 27, 2010, pages 3–4. (http://www.doi.gov/deepwaterhorizon/ loader.cfm?csModule=security/ getfile&PageID=33598). 9 Marcon International, Inc. ‘‘Fall 2012 Newsletter—Offshore Supply Vessels in the Gulf of Mexico.’’ http://www.marcon.com/ index.cfm?SectionListsID=49&PageID=2461. VerDate Mar<15>2010 19:14 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations GT ITC would be built per year after publication of this interim rule. Further, we anticipate that the vessels of at least 6,000 GT ITC will be built instead of 48909 (rather than in addition to) vessels in the 3,001 to 6,000 GT ITC size range. TABLE 2—SUMMARY OF APPLICABILITY, AFFECTED POPULATION AND BENEFITS Category Interim rule Applicability ..................................... Affected Population ......................... All U.S.-flagged offshore supply vessels of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). Existing mandates, which restrict the size of U.S.-flagged OSVs, limit the impact of this rule on existing vessels. Although USCG does not have data to forecast the number of U.S.-flagged OSVs of at least 6,000 GT ITC that may be built to meet the increasing demand for larger OSVs with certainty, we anticipate that it is likely that the construction of OSVs of at least 6,000 GT ITC will follow a similar growth pattern, and may be built instead of, the construction of OSVs between 3,001 to 6,000 GT ITC. If this assumption holds, then an estimated 4 OSVs of at least 6,000 GT ITC constructed per year. Regulatory efficiency benefit, as risk-benefit requirements are clarified in advance for vessel owner and operators. Allows regulatory compliance flexibilities for some provisions in Subchapter L. Standardization of regulatory oversight by the Coast Guard. Non-quantified Benefits ................... mstockstill on DSK4VPTVN1PROD with RULES2 Analysis of Cost Impacts This section details the analysis of cost impacts of the interim rule requiring large OSVs to meet design, construction, and operation safety regulations governing the inspection and standards of OSVs, found in Title 46. We expect industry will incur no additional costs in meeting the Coast Guard’s rule as the incorporated standards or functionally equivalent standards will be used to construct a large OSV in the absence of any rule. In order to minimize the impact of this rule on industry, the Coast Guard based the majority of the provisions in this interim rule upon existing regulatory and technical standards from Titles 33 and 46 of the CFR. Although the Coast Guard deviated from these 10 Provisions in this interim rule in which the Coast Guard deviated from existing standards include electrical requirements in 46 CFR subchapter J. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 existing standards in several instances, these changes were made in order to account for differences between the scale of operations of the existing standard’s intended population and the operations of large OSVs.10 Where existing regulatory and technical standards were not appropriate, the Coast Guard supplemented them with standards from IMO conventions and industry consensus engineering standards. Because of the previous size limit on OSVs, there were no U.S.-flagged vessels of at least 6,000 GT ITC or 500 GRT operating as OSVs.11 However, since the Act was enacted, two U.S.flagged vessels of at least 6,000 GT ITC have been certificated under the interim process found in section 617(f)(3) of the Act as large offshore supply vessels that meet subchapter I and additional requirements from design basis agreements, and four more have had their design basis agreements approved. Although these would be grandfathered from having to comply with this interim rule, the international standards codified in this rule were derived from standards that these owners and operators voluntarily agreed to adopt under the interim process.12 Consequently, this rule will not directly impact any existing population of U.S. vessels, nor is it expected to add additional costs to newly constructed OSVs of at least 6,000 GT ITC, as these vessels are also expected to work internationally in addition to working domestically. Therefore, no additional costs will be incurred by industry in the construction of a large OSV. At this time, the Coast Guard does not anticipate additional costs to the government from inspections and plan review. Although this rule removes the size restriction of vessels certificated under subchapter L as OSVs, the population of new OSVs of at least 6,000 GT ITC is expected to replace a portion of the population of OSVs in the 3,001 GT ITC to 6,000 GT ITC size. Further, because the provisions in this rule that result in government costs are also required of vessels approved under the 617(f)(3) interim process, the expected costs that would be incurred by government to conduct inspections and plan reviews as a result of this interim rule would have been incurred by the government even in the absence of this rule. Therefore, the Coast Guard expects to use existing resources to implement this rule. This section presents a qualitative analysis of the cost impacts and justifications for Title 46 revisions implemented by this interim rule. We present our analyses in grouped sections that correspond to each aspect of the rule, which impacts 46 CFR as shown below. Further details are provided in the regulatory analysis available in the docket. 11 While it is possible that an owner of an existing large OSV certificated under the interim process found in 617(f)(3) of the Act may seek recertification under subchapter L, no one from industry has inquired about this issue in the two and a half years since the Act was enacted. Baseline for Analysis of Impacts Before the Act, U.S. ship owners and operators wishing to build an OSV were subject to a network of regulations, voluntary standards and industry practices, including a prohibition against constructing U.S.-flagged OSVs of at least 6,000 GT ITC, because of the Coast Guard’s 1996 regulation, which capped the tonnage of an OSV. The Authorization Act lifted the tonnage restriction, but left the remainder of the regulatory and standard network in place. The baseline for determining the impact of the interim rule is thus the pre-Authorization Act network of regulations, voluntary standards, and current industry practices. 12 Although these six vessels are expected to work domestically, they are also expected to work internationally, and therefore, would be held to international standards as well. PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 Cost Impacts of the Specific Changes of the Interim Rule Title 46—Shipping E:\FR\FM\18AUR2.SGM 18AUR2 48910 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 3—CHANGES TO 46 CFR PART 2—VESSEL INSPECTIONS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Inspections .................. 2.10–25 ...... Modifies definition of OSV as directed by the Act. Not Applicable ...................... Not Applicable ...................... No additional cost. Administrative change to implement statutory mandate change to definition to allow OSVs > 6,000 GT ITC. TABLE 4—CHANGES TO 46 CFR PART 15—MANNING REQUIREMENTS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Watches ....................... 15.705 ........ Requirement directed by the Act. Requirements for the minimum number of watches were derived from existing Coast Guard regulations (46 CFR 15.705 and 15.1111). No impact. This provision provides the same flexibilities currently allowed to smaller OSVs under the current regulatory regime to OSVs greater than 6,000 GT ITC. Mates ........................... 15.810 ........ Requirement directed by the Act. Requirements for minimum number of mates were derived from existing Coast Guard regulations (46 CFR 15.810). Engineers .................... 15.825 ........ NOSAC recommendation ..... Requirements for the minimum number of assistant engineers were derived from existing Coast Guard regulations (46 CFR 15.825). Extends exception to the number of watches required to large OSVs, provided that the officers and crew are in compliance with the work hours and rest period requirements found in 46 CFR 15.1111. Amends existing Coast Guard regulation by requiring OSVs greater than 6,000 GT ITC to have two mates on voyages under 600 miles and three mates on voyages of at least 600 miles. Manning requirements will not change for OSVs less than 6,000 GT ITC. Amends existing Coast Guard regulation by requiring large OSVs approved for the use of automated systems to carry at least one assistant engineer, as recommended by NOSAC. No impact. Similar sized vessels, such as 100% of OSVs between 5,000 and 6,000 GT ITC, are already meeting this requirement in order to provide multipurpose services, services which requires an additional mate. No additional cost. Similar sized vessels, such as 100% of OSVs between 5,000 and 6,000 GT ITC, are already meeting this requirement in order to provide services more typically performed by tank and cargo vessels. TABLE 5—CHANGES TO 46 CFR PART 61—PERIODIC TESTS AND INSPECTIONS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Test procedure details 61.40–10 .... Administrative change of Coast Guard approval to the Marine Safety Center. Requirements in existing CFR originally called for other test techniques to be approved by the Commandant of CG–ENG. Other test techniques must now be approved by the Commanding Officer of the Marine Safety Center. No additional cost as this is administrative. TABLE 6—CHANGES TO 46 CFR PART 62—VITAL SYSTEM AUTOMATION Sections Coast Guard action Applicability .................. mstockstill on DSK4VPTVN1PROD with RULES2 Subject 62.01–5 ...... Change to clarify applicability to include large OSVs. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00018 Origination of standard Requirements for vital system automation were derived from existing Coast Guard regulations. Fmt 4701 Sfmt 4700 Deviation from standard Cost impact and justification Adds large OSVs to list of vessels that must comply with existing requirements in 46 CFR part 62. No additional cost. Similar sized existing vessels, such as 100% of OSVs between 5,000 to 6,000 GT ITC, voluntarily agreed to be certificated by classification societies and participate in the Alternate Compliance Program (ACP). While there are some gaps between class rules and the provisions in 46 CFR part 62, they are closed through supplemental provisions required of vessels operating under the ACP. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 48911 TABLE 7—CHANGES TO 46 CFR PART 90—GENERAL PROVISIONS Subject Sections Coast Guard action Applicability to OSVs ... 90.05–20 .... Definitions of offshore supply vessels. 90.10–40 .... Origination of standard Defines applicability of SubNot Applicable ...................... chapter I for existing OSVs. Defines new and existing Not Applicable ...................... OSVs. Deviation from standard Cost impact and justification Not Applicable ...................... No additional cost. Definition. Not Applicable ...................... No additional cost. Definition. TABLE 8—CHANGES TO 46 CFR PART 110—GENERAL PROVISIONS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Incorporation by reference. 110.10–1 .... Incorporates industry standards into Title 46. Requirements for electrical engineering within hazardous locations were derived from existing Coast Guard regulations (46 CFR 110.10–1). Amends existing Coast Guard regulation by codifying alternative industry accepted standards, which have been approved for similar large vessels. Definitions .................... 110.15–1 .... Not Applicable ...................... Not Applicable ...................... Plans and information required for new construction. 110.25–1 .... Introduces definitions used in 110.25–1. Requirement for plans that identify hazardous location information. No additional cost. Similar sized existing vessels, such as 100% of OSVs between 3,000 to 6,000 GT ITC, voluntarily agreed to be certificated by classification societies and participate in the ACP, whose rules align with the requirements in 46 CFR 110.10– 1. Provides industry with flexibility by incorporating alternative industry standards. No additional cost. Definition. Requirements for hazardous locations in new builds were derived from existing Coast Guard regulations (46 CFR 110.25–1). Clarifies information required in plans for OSVs of at least 6,000 GT ITC. Requires plan to include equipment identification number, equipment use, parameters of systems, equipment locations, installation details, and certificate of testing. Potential cost savings. This information was already required of existing plans, but was often not provided until follow up reviews. This provision will expedite the process by more explicitly delineating the required information up front. TABLE 9—CHANGES TO 46 CFR PART 111—ELECTRIC SYSTEMS GENERAL REQUIREMENTS Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Flammable or Combustible liquids and grounded distribution systems on OSVs. 111.05–20 .. Specifies ground distribution system requirement.. 111.106–1, 111.106– 3, 111.106– 5, 111.106– 7, 111.106– 9, 111.106– 11, 111.106– 13, 111.106– 15, and 111.106– 17. Requires owners of OSVs with hazardous locations to choose a standard that addresses the wide ranging services that the vessel performs. Requirements for ground distribution system were derived from existing international standards and Coast Guard regulations (SOLAS and 46 CFR 111.05–19). Requirements for electrical installations inside hazardous locations were derived from existing national and international standards (National Electric Code standards and International Electrotechnical Commission 60092–505). None ..................................... Hazardous Locations on OSVs. mstockstill on DSK4VPTVN1PROD with RULES2 Subject No additional cost. Incorporates international and Coast Guard standards expected to be used given industry practice and desire to compete for work in international markets. No additional cost. Provides flexibility by allowing choice of standards expected to be used given current industry practice and desire to compete for work in international markets. Requirements for cable and wiring between machinery spaces and hazardous locations were derived from existing international and Coast Guard regulations (International Electrotechnical Commission 60092–505 and 46 CFR 153.461 and 154.1205). VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 There are no deviations from standard if the vessel follows the national standard. However, two changes were made to the international standard. The first change appears in 111.106–9, and enlarges Zone 1 to an area of 8-meters. The other modification to the international standard is made in 111.106–13 (b). This modification will not allow enclosed spaces to be reclassified based upon mechanical ventilation.. None ..................................... E:\FR\FM\18AUR2.SGM 18AUR2 No additional cost. Incorporates international and Coast Guard standards expected to be used given current industry practice and desire to compete for work in international markets. 48912 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 10—CHANGES TO 46 CFR PART 125—GENERAL Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification 125.100 ...... Requirement directed by the Act. Not Applicable ...................... Not Applicable ...................... Tonnage Measurement 125.103 ...... Not Applicable ...................... 125.105 ...... Administrative changes made by the Coast Guard to implement the Act. Requires large OSV to obtain international certificates that indicate compliance with SOLAS, MARPOL, and ICLL. Not Applicable ...................... International certificates for OSVs of at least 6,000 GT ITC. 125.110 ...... Requires carriage of oil on large OSVs to meet existing Title 33 requirements. Requires OSVs to hold certificates that signify compliance with international standards (SOLAS—Cargo Ship Safety Construction, Cargo Ship Safety Equipment and Safety Management Certificates; MARPOL—International Oil Pollution Prevention and International Air Pollution Prevention; ICLL— International Load Line Certificate. Double hull (oil cargo tank offset) requirements were derived from existing Coast Guard regulations (33 CFR 157.10d). None ..................................... Carriage of flammable or combustible liquid cargoes in bulk. Oil fuel tank protection 125.115 ...... Requirement directed by the Act. Requirements for oil fuel tank protection were derived from existing international standards (MARPOL Annex I—Regulation 12A). Carriage of noxious liquid substances in bulk by OSVs less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) and least 6,000 GT ITC (500 GRT if GT ITC is not assigned). 125.120 and 125.125. Administrative—sets applicability for carriage of NLS in bulk to demarcation requirements and incorporates existing 46 CFR 98.30 and interpretation of IMO Res A.673 from CG– 522 Policy Letter 09–01. 125.140 ...... Requires large OSVs to be assigned an international load line in accordance with the ICLL. Requirements for carriage of noxious liquid substances in bulk were derived from existing international standards and Coast Guard regulations (MARPOL Annex II, IMO Resolution A.673(16), and 33 CFR part 151 and 46 CFR part 163). Requirements for load lines were derived from existing international standards (International Convention of Load Lines). Deviates from existing international standard by requiring compliance without regards to whether the OSV will be engaged in coastwise or international trade. Deviates from existing international standards by codifying parts of CG–522 Policy Letter 09–01, Rev. 1, which was published April 5, 2010. These modifications will allow applicable vessels carry NLS in bulk in its integral and fixed independent tanks. None ..................................... No additional cost. Administrative to meet statutory mandate. No additional cost. Administrative to meet statutory mandate. No additional cost. Incorporates international standard expected to be used given industry practice and desire to compete for work in international markets. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. Any changes in the cargo capacity and configuration can be accommodated in the design stage of the new vessel with no or minimal, non-quantifiable cost.13 No additional cost. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, already comply with the requirements in this provision. No additional cost. Incorporates interpretation of international standard from existing policy letter. This will create flexibility for large OSVs where they might otherwise have been deemed in violation of MARPOL Annex II. Loadlines ..................... Lifesaving systems ...... mstockstill on DSK4VPTVN1PROD with RULES2 Subject Applicability .................. 125.150 ...... Requires large OSVs to meet existing lifesaving requirements of Title 46 CFR and SOLAS. 13 Impact is negligible because the carriage of oilbased mud is also covered by requirements for the carriage of noxious liquid substances (46 CFR 125.120). Because of the various chemical VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Lifesaving requirements for OSVSs of at least 6,000 GT ITC were derived from existing international standards and Coast Guard regulations (SOLAS and 46 CFR 199). None ..................................... None ..................................... components within the muds, nearly all mud carried by larger OSVs is authorized only if the vessel complies with international pollution prevention standards (IMO Resolution A.673(16)), PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 No additional cost. Incorporates international standard expected to be used given industry practice and desire to compete for work in international markets. No additional cost. Incorporates international standard and requirements for similar vessels expected to be used given industry practice and desire to compete for work in international markets. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. which already requires minimum distances for cargo from the outer hull. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 48913 TABLE 11—CHANGES TO 46 CFR PART 126—INSPECTION AND CERTIFICATION Subject Coast Guard action Sections Carriage of offshore workers. 126.170 ...... Increases large OSV carriage capacity of offshore workers. Origination of standard Deviation from standard Cost impact and justification Existing regulation precludes carriage of more than 36 offshore workers. In removing this ban, requirements for the carriage of offshore workers were derived from existing international standards (IMO Code of Safety for Special Purpose Ships (SPS Code)). Modifies existing SPS Code by requiring vessels authorized to carry more than 36 offshore workers to carry the minimum amount of primary lifesaving for cargo vessel equipment as defined in SOLAS. No additional cost. Provides industry flexibility by continuing to allow vessels authorized to carry less than 36 offshore workers to meet standards required of a cargo vessel. Creates opportunity for vessels to carry more than 36 offshore workers, but would require increasing protection using internationally accepted approach to offset growing potential consequence. For vessels authorized to carry more than 36 offshore workers, the Coast Guard would require the vessel design meet a standard that is between the standard required of cargo vessels and that of passenger vessels. This flexibility takes into account the attributes and skill-sets of the passengers, and offers OSVs a less stringent standard as a result. TABLE 12—CHANGES TO 46 CFR PART 127—CONSTRUCTION AND ARRANGEMENTS Sections Coast Guard action Classification Society Standards. 127.200 ...... Requires OSVs be classed by an authorized class society. Meeting classification society None ..................................... requirements is consistent with existing international standards (SOLAS Chapter II–1, Regulation 3–1) and existing Coast Guard regulations (46 CFR 8.320). Structural fire protection. 127.225 ...... Requires SOLAS compliance. Requirements for structural fire protection were derived from existing international standards (SOLAS). Subdivision and stability. 127.230 ...... Requires SOLAS compliance. Subdivision and stability requirements were derived from existing international standards and Coast Guard regulations (SOLAS and 46 CFR 127.230). mstockstill on DSK4VPTVN1PROD with RULES2 Subject VerDate Mar<15>2010 19:12 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00021 Origination of standard Fmt 4701 Sfmt 4700 Deviation from standard Deviates from SOLAS by restricting large OSVs to only use the non-combustible materials (Method IC) option in SOLAS. This is consistent with existing U.S. regulations for other large vessels (46 CFR subchapters D, H, and I). Amends existing Coast Guard regulation (46 CFR 127.230) by adding in clause (b). This clause exempts OSVs of 80 meters or more in length from being required to comply existing CFR stability requirement, since these large OSVs have to meet SOLAS stability requirements as described in 46 CFR 125.105. E:\FR\FM\18AUR2.SGM 18AUR2 Cost impact and justification No additional cost. Incorporates industry & international standards expected to be used given industry practice and desire to compete for work in international markets. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. No additional cost. Incorporates existing US interpretation of international standard. An existing OSV would already be required to meet this requirement under the existing regulatory regime if it wished to perform these services. No additional cost. This modification exempts large OSVs from being required to comply with this provision. 48914 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 12—CHANGES TO 46 CFR PART 127—CONSTRUCTION AND ARRANGEMENTS—Continued Coast Guard action Origination of standard Deviation from standard Cost impact and justification Requirements developed by the Coast Guard to provide safety to persons in addition to the crew as directed by the Act. Damage stability requirements were derived from existing international standards (SOLAS Chapter II–1, parts B–1, B–2, and B–4, and Regulation II–1/35–1). None ..................................... Marine engineering requirements were derived from international standards (SOLAS Regulation II–1/ 29.6.1.1). None ..................................... Electrical installation requirements were derived from international standards (SOLAS Regulation II–1/ 42). None ..................................... Fire-protection requirements were derived from international standards (SOLAS Chapter II–2). Subject None ..................................... No additional cost. Incorporates existing international standards for given vessel characteristics and operations. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, already comply with the requirements in this provision. No additional cost. Incorporates existing international standards for given vessel characteristics and operations. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. No additional cost. Incorporates existing international standards for given vessel characteristics and operations. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. No additional cost. Incorporates existing international standards for given vessel characteristics and operations. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily agreed to comply with the requirements in this provision in order to compete in international markets. Sections Construction and arrangements for OSVs carrying more than 36 offshore workers. 127.600, 127.620, 127.630, 127.640, and 127.650. TABLE 13—CHANGES TO 46 CFR PART 128—MARINE ENGINEERING: EQUIPMENT AND SYSTEMS Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Equipment and systems. 128.110 ...... Incorporates requirements of existing 46 CFR Subchapter F. Marine engineering requirements for equipment and systems for large OSVs were derived from existing Coast Guard regulations (46 CFR Subchapter F). Removes OSVs of at least 6,000 GT ITC from being exempt from having to comply with the requirements in 46 Subchapter F in their entirety. Fuel .............................. mstockstill on DSK4VPTVN1PROD with RULES2 Subject 128.310 ...... Incorporates requirements of existing 46 CFR Subchapter F and SOLAS. Fuel requirements were derived from existing Coast Guard regulations (46 CFR 128.310). Modifies existing provision by requiring large OSVs to use fuel having a flashpoint of at least 60° C (140° F), instead of being required to meet the existing standard, which will still be used for OSVs under 6,000 GT ITC, of 43° C (110° F). No additional cost. Similar sized existing vessels, such as 100% of OSVs between 3,000 and 6,000 GT ITC, voluntarily agreed to be certificated by classification societies whose rules align with the revised requirements in Subchapter F. No additional cost. Similar sized existing vessels, such as 100% of OSVs between 3,000 and 6,000 GT ITC, voluntarily agreed to comply with SOLAS and the higher flashpoint requirement in order to obtain international certifications. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 48915 TABLE 14—CHANGES TO 46 CFR PART 129—ELECTRICAL INSTALLATIONS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Applicability .................. 129.110 ...... Implements existing Subchapter J of this chapter. Requirements for electrical installations were derived from existing Coast Guard regulations (46 CFR Subchapter J, Chapter I). Removes OSVs of at least 6,000 GT ITC from being exempt from having to comply with the requirements in 46 Subchapter J in their entirety. 129.315 ...... Implements existing Subchapter J of this chapter. Requirements for power sources were derived from existing Coast Guard regulations (46 CFR Subchapter J, Chapter I). Modifies existing regulation to ensure that OSVs less than 6,000 GT ITC will still be exempt from being required to comply with some parts of 46 Subchapter J. 129.570 ...... Implements existing Subchapter D of this chapter. Requirements for alarms were derived from existing Coast Guard regulations (46 CFR 33.25–1). Compliance with existing standard will now be required of large OSVs, in addition to tank vessels. No additional cost. Similar sized existing vessels, such as 100% of OSVs between 3,000 and 6,000 GT ITC, voluntarily agreed to be certificated by classification societies whose rules align with the requirements in the revised Subchapter J. No additional cost. 100% of OSVs between 3,000 and 6,000 GT ITC voluntarily agreed to be certificated by classification societies whose rules align with the requirements in revised 46 CFR 129.315. No additional cost. Incorporates industry & international standards expected to be used given industry practice and desire to compete for work in international markets. Similar sized existing vessels, such as 100% of OSVs between 3,000 and 6,000 GT ITC, voluntarily agreed to comply with SOLAS and MARPOL. These international standards align with the requirements in this provision. Power Sources for OSVs. Overfill Protection ........ TABLE 15—CHANGES TO 46 CFR PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS Subject Sections Steering and automated systems. Coast Guard action Origination of standard Deviation from standard Cost impact and justification 130.140 and 130.400. Points to existing 46 CFR requirements. Steering and automated systems requirements were derived from existing Coast Guard regulations (46 CFR 130.140). Modifies existing regulation to ensure that only OSVs under 6,000 GT ITC must comply with the requirements in this provision. OSVs of at least 6,000 GT ITC are directed to 46 CFR 128.110. No additional cost. Administrative clarification of applicability of existing regulations. TABLE 16—CHANGES TO 46 CFR PART 131—OPERATIONS Sections Subject mstockstill on DSK4VPTVN1PROD with RULES2 Maneuvering Characteristics. VerDate Mar<15>2010 Coast Guard action Origination of standard Deviation from standard Cost impact and justification 131.990 ...... Existing SOLAS and 46 CFR requirements. Maneuvering capability requirements were derived from existing Coast Guard regulations (46 CFR Subchapter I). Expands applicability of existing regulations to include large OSVs. No additional cost. Incorporates standard expected to be used given current industry practice and desire to compete for work in international markets. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, already comply with the requirements in this provision. 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\18AUR2.SGM 18AUR2 48916 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 17—CHANGES TO 46 CFR PART 132—FIRE-PROTECTION EQUIPMENT Subject Coast Guard action Sections Origination of standard Deviation from standard Cost impact and justification No additional cost. Incorporates existing U.S. interpretation of international standard. Similar sized existing vessels, such as 100% of OSVs 3,000 to 6,000 GT ITC, voluntarily comply with the requirements in this provision in order to compete in international markets. No additional cost. Incorporates standard expected to be used given industry practice and desire to compete for work in international markets. An existing OSV would already be required to meet this requirement under the existing regulatory regime if it wished to perform these services. Fire pump, extinguishers, and emergency outfits. 132.100, 132.200, and 132.365. Implements existing 46 CFR requirements. Requirements for fire pumps, extinguishers, and emergency outfits were derived from existing international standards (SOLAS Chapter II–2) and Coast Guard regulations (46 CFR 125.105). Adds new provision to clarify applicable U.S. requirements for fire pumps, fire hoses, and nozzles, portable and semiportable fire extinguishers, and firefighter’s protective clothing and personal safety equipment. Added requirements for carriage of low flashpoint flammable or combustible cargo. 132.390 ...... Requires 46 CFR 76, and 46 CFR 161.002. Requirements for carriage of low flashpoint flammable or combustible cargo and fire-protection equipment were derived from existing Coast Guard regulations (46 CFR 76 and 161.002). Deviates from existing CFR by requiring that large OSVs also comply with cargo area and cargopump room fire-extinguishing systems requirements that are currently only required of tank vessels. TABLE 18—CHANGES TO 46 CFR PART 134—ADDED PROVISIONS FOR LIFTBOATS Subject Sections Coast Guard action Origination of standard Deviation from standard Cost impact and justification Applicability .................. 134.100 ...... Liftboats are regulated under Subchapter L; this requires large liftboats to obtain Coast Guard approval. Requirements for liftboats were derived from existing Coast Guard regulations (46 CFR 134.100). Modifies existing applicability of provision to allow the construction of large liftboats on a case-by-case basis, which must be approved by the Commandant (CG–5PS). No additional cost, as the construction of liftboats of at least 6,000 GT ITC are not affected by this rulemaking. TABLE 19—CHANGES TO 46 CFR PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES Coast Guard action Sections Applicability .................. mstockstill on DSK4VPTVN1PROD with RULES2 Subject 174.180 ...... Administrative change conforms to Part 127. Benefits of the Interim Rule In the Act, Congress removed the tonnage limit on vessels certificated under subchapter L as OSVs, and directed the Coast Guard to implement regulations for the safe carriage of oil, hazardous substances, and individuals in addition to the crew on OSVs of at least 6,000 GT ITC. However, the provisions in the Act allow ship owners and operators to construct vessels that can operate as OSVs, by meeting subchapter I and additional requirements from design basis agreements, during the period between the effective date of the Act and the effective date of this rulemaking provided they obtain Coast Guard approval. This process creates VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Origination of standard Deviation from standard Cost impact and justification Requirements for stability for OSVs under 6,000 GT ITC were derived from existing Coast Guard regulations (46 CFR part 174). Modifies existing regulations to exempt large OSVs from being required to meet the stability requirements in 46 CFR Subpart G. Instead, large OSVs will be subject to the SOLAS stability requirements discussed earlier in this RA. No additional cost. Administrative change clarifies that large OSVs are excluded from certain requirements. regulatory inefficiencies as there are no large OSV subchapter L-specific standards and regulatory flexibilities for industry to reference, which could result in construction and design delays. First, industry must submit a proposed design to begin the process, and each time a change to the vessel’s design is made, the process must start over as the company must resubmit a new design letter. After this step has been completed, industry must then wait for the design basis to be approved before beginning construction of the vessel. According to a Coast Guard subject matter expert, this design basis process can take, at a minimum, 30 days to complete, with additional time taken for the company to respond to the draft PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 design basis agreements. However, it is likely that, based on the complexity of the design of OSVs of at least 6,000 GT ITC, this process would take the Coast Guard much longer to complete. Accordingly, the Coast Guard developed this interim rule to rectify this lack of transparent standards to ensure consistent design, construction, and operation of OSVs, as well as to comply with the Act. On top of rectifying this lack of transparent standards, it is expected that this rule will reduce costs overall. Because vessels approved under the 617(f)(3) interim process are approved under a case-by-case basis, a substantial amount of resources are used throughout the approval process. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations Issuance of this interim rule would streamline the construction process by removing this case-by-case process and replacing it with transparent requirements that all newly constructed vessels wishing to be certificated as large OSVs must adhere to. This is expected to significantly reduce costs. Therefore, this rule will replace government’s existing ad hoc processes 48917 and requirements with a more streamlined and predictable system, thereby reducing resources and, consequently, costs. TABLE 20—BENEFICIAL IMPACTS OF INTERIM RULE Subject Sections Beneficial impacts 46 CFR part 2—Vessel Inspections Inspections ...................................... 2.10–25 .......................................... Fulfills statutory mandate by modifying the definition of OSV to remove size ceiling. 46 CFR part 15—Manning Requirements Watches .......................................... 15.705 ............................................ Mates ............................................... 15.810 ............................................ Engineers ........................................ 15.825 ............................................ Provides flexibility by implementing exception that allows for 2 watches on short voyages. According to an OCMI from the Eighth District, a navigation watch has an average wage of $44.37 per hour. This exception could result in cost savings for owners and operators of large OSVs engaged on a voyage of less than 600 miles, as these owners and operators may employ one fewer navigational watch on voyages of this length. Provides flexibility by lowering manning requirements for OSVs less than 6,000 GT ITC and OSVs of at least 6,000 GT ITC. For OSVs less than 6,000 GT ITC, the number of required credentialed mates on voyages less than 600 miles decreases from two to one, and for voyages of at least 600 miles from three to two. Further, for OSVs of at least 6,000 GT ITC, the number of required credentialed mates on voyages less than 600 miles decreases from three to two. The number of required mates on voyages of at least 600 miles remains the same. According to an OCMI from the Eighth District, a navigation watch has an average wage of $44.37 per hour. This exception will therefore result in cost savings for owners and operators of OSVs of all sizes, since owners and operators may employ fewer navigation watches depending on the size of the OSV and on the voyage length. Ensures that sufficient engineering personnel are onboard to be able to respond to shipboard emergencies and equipment failure. Provision retains existing OCMI authorities. 46 CFR part 61—-Periodic Tests and Inspections Test procedure details .................... 61.40–10 ........................................ Administrative change that will provide the Coast Guard Headquarters with more flexibility regarding the use of its resources. 46 CFR part 62—-Vital System Automation Applicability ..................................... 62.01–5 .......................................... Change that will provide transparency to industry and government officials for use in the approval process. 46 CFR part 90—General Provisions Applicability to OSVs ....................... 90.05–20 ........................................ Definitions of offshore supply vessels. 90.10–40 ........................................ Contains criteria for grandfathering OSVs and sets the applicability of Subchapter I for OSVs that pre-dated the creation of Subchapter L. Clarifies terms relating to tonnage measurement. Changes to 46 CFR part 110—General Provisions mstockstill on DSK4VPTVN1PROD with RULES2 Incorporation by reference .............. 110.10–1 ........................................ Definitions ........................................ Plans and information required for new construction. 110.15–1 ........................................ 110.25–1 ........................................ VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4701 Provides for use of industry standard as alternative to use of approved equipment. Clarifies definitions. Requires plans consistent with other similarly sized vessels, while also adding option of using international standards. Plans must include information on the equipment, intrinsically safe systems, installation details, and/or approved control drawings, and testing certificates or listing by an independent laboratory or an IECEx Certificate of Conformity to ensure existing levels of safety in hazardous locations. Sfmt 4700 E:\FR\FM\18AUR2.SGM 18AUR2 48918 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 20—BENEFICIAL IMPACTS OF INTERIM RULE—Continued Subject Sections Beneficial impacts 46 CFR part 111—Electric Systems General Requirements Flammable or Combustible liquids and grounded distribution systems on OSVs. 111.05–20 ...................................... Hazardous Locations on OSVs ....... 111.106–1, 111.106–3, 111.106–5, 111.106–7, 111.106–9, 111.106–11, 111.106–13, 111.106–15, and 111.106–17. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Permits the use of grounded distribution systems on large OSVs designed to carry flammable or combustible liquids under certain conditions to maintain safety. Aligns standards with international requirements, thereby creating a universal standard which will enable vessels to more easily compete for work on international market. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Provides flexibility as to the choice of a standard that addresses the wide ranging services that the vessel performs and enhances the safety of personnel and vessels. List of standards is expanded from existing Subchapter L, thereby increasing options for industry. 46 CFR part 125—General Applicability ..................................... Tonnage Measurement ................... International certificates for OSVs of at least 6,000 GT ITC. 125.100 .......................................... 125.103 .......................................... 125.105 .......................................... Carriage of flammable or combustible liquid cargoes in bulk. 125.110 .......................................... Oil fuel tank protection .................... 125.115 .......................................... Carriage of noxious liquid substances in bulk by OSVs less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) and least 6,000 GT ITC (500 GRT if GT ITC is not assigned). Loadlines ......................................... 125.120 and 125.125 .................... 125.140 .......................................... Lifesaving systems .......................... 125.150 .......................................... Fulfills statutory mandate by implementing the Act. Fulfills statutory mandate by implementing the Act. Requires large OSVs to obtain all applicable international convention certificates in areas such as safety and pollution prevention. Use of international certificate enables industry to simultaneously comply with U.S. requirements and obtain certificates needed to compete for work on international market. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Provides enhanced level of environmental protection to the large volumes of oil and oil-based cargoes large OSVs are capable of carrying, applying requirements for similar vessels and systems. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Requirements mirror those for similar vessels and systems. Aligns standards with international requirements, thereby creating a universal standard which will enable vessels to more easily compete for work on international market. Aligns standards with international requirements, thereby creating a universal standard which will enable vessels to more easily compete for work on international market and ensures that vessels with a larger number of personnel on board have sufficient safety and survivability. 46 CFR part 126—Inspection and Certification Carriage of offshore workers .......... 126.170 .......................................... Allows large OSVs to carry more personnel and thereby increase revenue while ensuring protection scales with number of personnel. 46 CFR part 127—Construction and Arrangements 127.200 .......................................... Structural fire protection .................. mstockstill on DSK4VPTVN1PROD with RULES2 Classification Society Standards ..... 127.225 .......................................... Subdivision and stability .................. 127.230 .......................................... VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4701 Incorporates industry and international standards expected to be used given industry practice and desire to compete for work on international markets. Requires traditional US standard while maintaining alignment with international requirements, thereby using a universal standard which will enable vessels to more easily compete for work on international market, while ensuring that vessels with a larger number of personnel on board have sufficient safety and survivability. Uses international standard for stability, thus enabling vessels to compete for work on international market and ensuring that vessels with larger numbers of personnel on board have sufficient safety and survivability. Sfmt 4700 E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 48919 TABLE 20—BENEFICIAL IMPACTS OF INTERIM RULE—Continued Subject Sections Beneficial impacts Construction and arrangements for OSVs carrying more than 36 offshore workers. 127.600, 127.620, 127.630, 127.640, and 127.650. Allows large OSVs to carry more personnel and thereby increase revenue while ensuring protection scales with number of personnel. 46 CFR part 128—Marine Engineering: Equipment and Systems Equipment and systems .................. 128.110 .......................................... Fuel ................................................. 128.310 .......................................... Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. Provides enhanced level of safety and environmental protection to the larger and more complex systems large OSVs are expected to utilize, applying requirements for similar vessels and systems. Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. 46 CFR part 129—Electrical Installations Applicability ..................................... Power Sources for OSVs ................ Overfill Protection ............................ 129.110 .......................................... 129.315 .......................................... 129.570 .......................................... Clarifies that existing rules for OSVs still apply. Clarifies that existing rules for OSVs still apply. Clarifies that existing rules for OSVs still apply. 46 CFR part 130—Vessel Control, and Miscellaneous Equipment and Systems Steering and automated systems ... 130.140 and 130.400 .................... Clarifies that existing rules for OSVs still apply. 46 CFR part 131—Operations Maneuvering Characteristics ........... 131.990 .......................................... Requires maneuvering characteristics in accordance with similar size vessels to enhance safety. Requirements match international requirements, thus enabling vessels to compete for work on international market. 46 CFR part 132—Fire-Protection Equipment Fire pump, extinguishers, and emergency outfits. Added requirements for carriage of low flashpoint flammable or combustible cargo. 132.100, 132.200, and 132.365 .... Clarifies that existing rules for OSVs still apply. 132.390 .......................................... Clarifies requirements for large OSVs, which will provide more transparency to industry and government officials for use in the approval process. The fire-detection requirements are intended to be consistent with other fire-detection installations on U.S. inspected vessels to enhance safety. Aligns standards with international requirements, thereby creating a universal standard which will enable vessels to more easily compete for work on international market, 46 CFR part 134—Added Provisions for Liftboats Applicability ..................................... 134.100 .......................................... Clarifies that liftboats are not impacted by these regulatory changes. 46 CFR part 174—Special Rules Pertaining to Specific Vessel Types Applicability ..................................... 174.180 .......................................... mstockstill on DSK4VPTVN1PROD with RULES2 Alternatives When creating this interim rule, the Coast Guard considered several alternatives. As discussed elsewhere, the preferred alternative closely follows the actual and mandatory language of the Act and does not incorporate substantive discretionary elements. Further, the preferred alternative minimizes cost while maximizing cost VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Excludes large OSVs from certain existing domestic stability criteria to conform to this rule’s use of SOLAS stability criteria that enhance the safety of personnel and vessels within the mandates of the Act as directed by Congress. Reduces regulatory burden by letting vessels use international requirements and thus compete for work on international market without having to comply with multiple sets of requirements. savings that would accrue to industry and government as a result of implementation of an interim rule. The alternatives considered are as follows. Alternative 1: Preferred Alternative The analysis for this alternative is discussed in detail previously in this rule. PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 Alternative 2: No Action Alternative In this alternative, the Coast Guard would not issue an interim rule, but instead continue to use the interim process outlined in 617(f)(3) of the Act. Instead of incorporating by reference industry and international standards, this alternative would continue to rely on a case-by-case process to approve the construction of new vessels over 6,000 E:\FR\FM\18AUR2.SGM 18AUR2 48920 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations GT ITC. This would continue to result in regulatory inefficiencies in the approval process and long delays in the construction and design of new vessels. Finally, by making the requirements of large OSVs explicit and transparent, regulatory uncertainty and confusion are potentially reduced. Therefore, because the benefits of this alternative were less than that of the preferred alternative, the Coast Guard rejected this alternative. Alternative 3: Issuance of Proposed Alternative as an NPRM In this alternative, the Coast Guard would require all of the provisions in the preferred alternative, but would propose the alternative as an NPRM instead of as an interim rule. Because the provisions in the preferred alternative are derived either directly from existing regulatory and technical standards from Titles 33 and 46 of the CFR or developed and rooted from current domestic and international standards that industry already voluntarily complies with, the Coast Guard rejected this provision, as it would only delay potential cost savings that could accrue from immediate implementation. Alternative 4: Adoption of International Standards Only In this alternative, the Coast Guard would require that vessels meet international standards only. Coast Guard considered and adopted international standards for many requirements. However, for a limited number of areas, Coast Guard found that international standards needed to be supplemented to provide consistency with already in place domestic standards and to ensure safe operations and design. The Coast Guard rejected the alternative of adopting only international standards as, in some limited cases, the international standards are not consistent with existing domestic standards or need further clarification where details are left to the satisfaction of the administration. In addition, for several requirements, Coast Guard offers industry the flexibility of a choice of standards. This flexibility would be lost if Coast Guard adopted only international standards. B. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this interim 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. Because of the previous size limit on OSVs, there were no U.S.-flagged vessels of at least 6,000 GT ITC or 500 GRT operating as OSVs.14 However, since the Act was enacted, two U.S.flagged vessels of at least 6,000 GT ITC have been certificated as large OSVs under the interim process found in section 617(f)(3) of the Act that meet subchapter I and additional requirements from design basis agreements, with four others pursuing the interim certification. Although these would be grandfathered from having to comply with this interim rule, the international standards codified in this rule were derived from standards that these owners and operators voluntarily agreed to adopt as a condition of approval under the interim process.15 Consequently, this rule will not directly impact any existing population of U.S. vessels, nor is it expected to add additional costs to newly constructed OSVs of at least 6,000 GT ITC, as these vessels are also expected to work internationally in addition to working domestically. Therefore, no additional costs will be incurred by industry in the construction of a large OSV. In our review of the MISLE ownership data for OSVs, we found 67 U.S.-flagged OSVs between 3,001 and 6,000 GT ITC that are owned and operated by 23 entities. The Coast Guard has identified 10 parent companies that direct the 23 managing entities, which we then grouped by their North American Industry Classification System (NAICS) code. Parent companies that direct managing entities may be classified under a range of NAICS codes due to the vertical integration and consolidation of business interests and operations. Based on the data from the Coast Guard’s MISLE database used to populate the domestic vessel field in Table 2–1, the Coast Guard determined that none of businesses affected are small by the Small Business Administration (SBA) size standards. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this interim rule will not have a significant economic impact on a substantial number of small entities. TABLE 21—ENTITIES AFFECTED BY REMOVAL OF THE STATUTORY SIZE LIMIT PREVIOUSLY PLACED ON OSVS Number of entities in NAICS Group NAICS Code Description of NAICS Group 213112 ................................ 333132 ................................ Support Activities for Oil and Gas Operations Oil and Gas Field Machinery and Equipment Manufacturing. Water Transportation excursion ..................... Navigation Services to Shipping .................... Other Support Activities for Water Transportation. Sales Financing .............................................. Commercial Air, Rail, and Water Transportation Equipment Rentals and Leasing. All Other Professional Scientific and Technical Services. 487210 ................................ 488330 ................................ 488390 ................................ 522220 ................................ 532411 ................................ mstockstill on DSK4VPTVN1PROD with RULES2 541990 ................................ 14 While it is possible that an owner of an existing large OSV certificated under the interim process as meeting subchapter I and additional requirements as specified under the design basis agreements may VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Frm 00028 Fmt 4701 Sfmt 4700 SBA Revenue standard $ SBA Employee standard 1 1 0 0 $7,000,000 NA NA 500 1 3 1 0 0 0 7,000,000 35,000,000 35,500,000 NA NA NA 1 1 0 0 7,000,000 7,000,000 NA NA 1 0 14,000,000 NA seek recertification under subchapter L, no one from industry has inquired about this issue in the 2 and a half years since the Act was enacted. PO 00000 Number of small entities 15 Although these six vessels are expected to work domestically, they are also expected to work internationally, and therefore, would be held to international standards as well. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations For additional analysis on the estimated impact that this interim rule would have on small entities, please see the preliminary RA available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule will 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. mstockstill on DSK4VPTVN1PROD with RULES2 C. 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 interim rule so that they can better evaluate its effects on them and participate in the rulemaking. If the interim rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Lieutenant Anne Besser, Project Manager, CG–ENG–1, Coast Guard, email Anne.Besser@uscg.mil, telephone 202–372–1362. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses 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). D. Collection of Information This interim rule does not call for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The offshore energy market has experienced increased demand for high endurance operations required for deepwater exploration far offshore. Accordingly, this trend necessitates industry to design, construct, and operate OSVs with greater endurance, stability, and carriage characteristics. ‘‘The demand for large [platform supply vessels, which are a type of VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 OSV] with dynamic positioning has outpaced the supply of vessels for most of 2012. New deliveries and [OSVs] mobilizing back to the U.S. Gulf [of Mexico] have been unable to keep up with demand, forcing drilling operators to supplement smaller vessels, which are readily available. While these smaller vessels may be adequate, they are not optimal for deepwater support work.’’ 16 The Coast Guard anticipates that domestic entities would like to capture some of this market, which is currently restricted to only foreignflagged OSVs because of the size limit restriction on U.S.-flagged OSVs. This interim rule would permit U.S.-flagged vessels of at least 6,000 GT ITC to be certificated as OSVs under subchapter L, which would allow U.S. firms to meet some of this increased demand. While the Coast Guard is unable to forecast with a sufficient degree of certainty the number of U.S.-flagged OSVs of at least 6,000 GT ITC that may be built to meet the increasing demand for larger OSVs, the number of vessels seeking approval under the interim process found in section 617(f)(3) of the Act may provide some insight. In 2013, four vessels sought approval under this process. Furthermore, the Coast Guard anticipates that this new population of OSVs will follow a growth pattern similar to that of OSVs greater than 3,000 GT ITC but less than 6,000 GT ITC. Through review of the MISLE database, the Coast Guard has determined that on average four U.S.flagged OSVs between 3,001 and 6,000 GT ITC were constructed per year from 1998 through 2013. While the continuation of this trend cannot be assured, given the current environment of the offshore energy market, it is unlikely that the construction of OSVs of at least 6,000 GT ITC will exceed nine in any given year, particularly during the next 3 years (the period covered by a Collection of Information). Therefore, because the information collected under this rule is expected to involve fewer than 10 vessels in a given year, it is not a collection of information that requires a formal burden estimate as defined in section 3502 of the Paperwork Reduction Act. The Coast Guard welcomes any comments or concerns on the collection of information discussed in this section. Your comments must be sent to the Office of Information and Regulatory 16 Marcon International, Inc. ‘‘Fall 2012 Newsletter—Offshore Supply Vessels in the Gulf of Mexico.’’ http://www.marcon.com/ index.cfm?SectionListsID=49&PageID=2461. PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 48921 Affairs (OIRA), Office of Management and Budget. To ensure that your comments to OIRA are received on time, the preferred methods are by email to oira_submission@omb.eop.gov (include the docket number and ‘‘Attention: Desk Officer for Coast Guard, DHS’’ in the subject line of the email) or fax at 202– 395–6566. An alternate, though slower, method is by U.S. mail 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. E. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it does not have federalism implications. It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled, now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. (See the decision of the Supreme Court in the consolidated cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).) This rule addresses the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of OSVs of at least 6,000 GT ITC, or 500 GRT if GT ITC is not assigned. Because the States may not regulate within these categories, preemption under Executive Order 13132 is not an issue. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, E:\FR\FM\18AUR2.SGM 18AUR2 48922 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. H. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects mstockstill on DSK4VPTVN1PROD with RULES2 We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, and have determined that it is not a ‘‘significant energy action’’ under that order. Though it is a ‘‘significant regulatory action’’ under Executive Order 12866, this interim rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. L. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule uses the following voluntary consensus standards: • ANSI/ISA 60079–18—(12.23.01)– 2009, Electrical Apparatus for Use in Class I, Zone 1 Hazardous (Classified) Locations: Type of Protection— Encapsulation ‘‘m’’, approved July 31, 2009 (‘‘ANSI/ISA 60079–18’’) • UL 674—Standard for Safety: Electric Motors and Generators for Use in Division 1 Hazardous (Classified) Locations, Fourth Edition with revisions through August 12, 2008 (dated December 11, 2003) (‘‘ANSI/UL 674’’) • UL 823—Electric Heaters for Use in Hazardous (Classified) Locations, Ninth Edition including revisions through November 15, 2007 (dated October 20, 2006) (‘‘ANSI/UL 823’’) • UL 844—Standard for Safety: Luminaires for Use in Hazardous (Classified) Locations, Twelfth Edition including revisions through November 20, 2008 (dated January 11, 2006) (‘‘ANSI/UL 844’’) • UL 913—Standard for Safety: Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous (Classified) Locations, Seventh Edition including revisions through June 3, 2010, (Dated July 31, 2006) (‘‘ANSI/UL 913’’) • UL 1203—Standard for Safety: Explosion-Proof and Dust-IgnitionProof Electrical Equipment for use in Hazardous (Classified) Locations, Fourth Edition including revisions through October 28, 2009 (dated September 15, 2006) (‘‘ANSI/UL 1203’’) • UL 2225—Cables and Cable-Fittings for Use in Hazardous (Classified) Locations, Second Edition, December 21, 2005 (‘‘ANSI/UL 2225’’) • API RP 500—Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, Second Edition, November 1997, reaffirmed November 2002 (‘‘API RP 500’’) • API RP 505—Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 • • • • • • • • • • • • Zone 1, and Zone 2, First Edition, approved January 7, 1998 (dated November 1997), reaffirmed 2002 (‘‘API RP 505’’) ASTM D 93–97—Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester, 1997 (‘‘ASTM D 93’’) ASTM F1014—02 (Reapproved 2007)—Standard Specification for Flashlights on Vessels, approved May 1, 2007 (‘‘ASTM F1014–2’’) ASTM F2876–10—Standard Practice for Thermal Rating and Installation of Internal Combustion Engine Packages for use in Hazardous Locations in Marine Applications, approved November 1, 2010 (‘‘ASTM F2876– 10’’) CAN/CSA–C22.2 No. 0–M91— General Requirements—Canadian Electrical Code, Part II, Reaffirmed 2006 (‘‘CAN/CSA C22.2 No. 0–M91’’) CAN/CSA–C22.2 No. 157–92— Intrinsically Safe and Non-incendive Equipment for Use in Hazardous Locations, Reaffirmed 2006 (‘‘CAN/ CSA C22.2 No. 157–92’’) C22.2 No. 30–M1986—ExplosionProof Enclosures for Use in Class I Hazardous Locations, Reaffirmed 2007 (‘‘CAN/CSA C22.2 No. 30– M1986’’) C22.2 No. 213–M1987—Nonincendive Electrical Equipment for Use in Class I, Division 2 Hazardous Locations, Reaffirmed 2008 (‘‘CAN/ CSA C22.2 No. 213–M1987’’) FM Approvals Class Number 3600— Approval Standard for Electric Equipment for use in Hazardous (Classified) Locations General Requirements, November 1998 (‘‘FM Approvals Class Number 3600’’) FM Approvals Class Number 3610— Approval Standard for Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous (Classified) Locations, January 2010 (‘‘FM Approvals Class Number 3610’’) FM Approvals Class Number 3611— Approval Standard for Non-incendive Electrical Equipment for Use in Class I and II, Division 2, and Class III, Divisions 1 and 2, Hazardous (Classified) Locations, December 2004 (‘‘FM Approvals Class Number 3611’’) FM Approvals Class Number 3615— Approval Standard for Explosionproof Electrical Equipment General Requirements, August 2006 (‘‘FM Approvals Class Number 3615’’) FM Approvals Class Number 3620— Approval Standard for Purged and Pressurized Electrical Equipment for Hazardous (Classified) Locations, August 2000 (‘‘FM Approvals Class Number 3620’’) E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations • IEC 60079–1:2007—Explosive atmospheres—Part 1: Equipment protection by flameproof enclosures ‘‘d’’, Sixth edition, 2007–04 • IEC 60079–2:2007—Explosive atmospheres—Part 2: Equipment protection by pressurized enclosures ‘‘p’’, Fifth edition, 2007–02 • IEC 60079–5:2007—Explosive atmospheres—Part 5: Equipment protection by powder filling ‘‘q’’, Third Edition, 2007–03 • IEC 60079–6:2007—Explosive atmospheres—Part 6: Equipment protection by oil immersion ‘‘o’’, Third edition, 2007–03 • IEC 60079–7:2006—Explosive atmospheres—Part 7: Equipment protection by increased safety ‘‘e’’, Fourth edition, 2006–07 • IEC 60079–11:2006—Explosive atmospheres—Part 11: Equipment protection by intrinsic safety ‘‘i’’, Fifth edition, 2006–07 • IEC 60079–13:2010—Explosive atmospheres—Part 13: Equipment protection by pressurized room ‘‘p’’, Edition 1.0, 2010–10 • IEC 60079–15:2010—Explosive atmospheres—Part 15: Equipment protection by type of protection ‘‘n’’, Edition 4.0, 2010–01 • IEC 60079–18:2009—Explosive atmospheres—Part 18: Equipment protection by encapsulation ‘‘m’’, Edition 3.0, 2009–05 • IEC 60079–25:2010—Explosive atmospheres—Part 25: Intrinsically safe electrical systems, Edition 2.0, 2010–02 • IEC 60092–350:2008—Electrical installations in ships—Part 350: General construction and test methods of power, control and instrumentation cables for shipboard and offshore applications, Edition 3.0, 2008–02 • IEC 60092–353:2011—Electrical installations in ships—Part 353: Power cables for rated voltages 1 kV and 3 kV, Edition 3.0, 2011–08 • IEC 60092–502—Electrical installations in ships—Part 502: Tankers—Special features, Fifth edition, 1999–02 (‘‘IEC 60092–502’’) • IEEE Std 1580–2001—IEEE Recommended Practice for Marine Cable for Use on Shipboard and Fixed or Floating Platforms, December 17, 2001 (‘‘IEEE 1580’’) • NFPA 70—National Electrical Code, 2011 Edition (‘‘NFPA 70’’) • NFPA 496—Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2008 Edition (‘‘NFPA 496 (2008)’’) • UL 1309—Marine Shipboard Cables, First Edition, 1995 (‘‘UL 1309’’) • UL 1604—Standard for Electrical Equipment for Use in Class I and II, VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Division 2, and Class III Hazardous (Classified) Locations, Third Edition including revisions through February 3, 2004 (dated April 28, 1994) (‘‘UL 1604’’) The sections that reference these standards and the locations where these standards are available are listed in 46 CFR 110.10–1 and 125.180. This rule also uses technical standards other than voluntary consensus standards. • Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, 2007 Edition (‘‘Resolution A.673(16)’’) • Annex 7 to IMO MEPC 52/54, Report of the Marine Environment Protection Committee on its Fifty-Second Session, ‘‘Resolution MEPC.119(52), 2004 Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code),’’ adopted October 15, 2004 (‘‘IBC Code’’) • International Convention on Load Lines, 1966 and Protocol of 1988, as amended in 2003, Consolidated Edition, 2005 (‘‘International Convention on Load Lines, 1966’’) • International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, Consolidated Edition, 2006 (‘‘MARPOL 73/78’’) • International Convention for the Safety of Life at Sea, 1974, as amended, Consolidated Edition, 2009 (‘‘SOLAS, 1974, as amended’’) • MIL–DTL–24643C with Supplement 1A—Detail Specification Cables, Electric, Low Smoke Halogen-Free, for Shipboard Use, General Specification for, December 13, 2011 (dated October 1, 2009) (‘‘MIL–DTL–24643C’’) • MIL–DTL–24640C with Supplement 1—Detail Specification Cables, Lightweight, Low Smoke, Electric, for Shipboard Use, General Specification for, November 18, 2011 (‘‘MIL–DTL– 24640C’’) The sections that reference these standards and the locations where these standards are available are listed in 46 CFR 110.10–1 and 125.180. They are used because we did not find voluntary consensus standards that are applicable to this rule. If you are aware of voluntary consensus standards that might apply, please identify them by sending a comment to the docket using one of the methods under ADDRESSES. In your comment, please explain why you think the standards might apply. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 48923 If you disagree with our analysis of the voluntary consensus standards listed above or are aware of voluntary consensus standards that might apply but are not listed, please send a comment to the docket using one of the methods under ADDRESSES. In your comment, please explain why you disagree with our analysis and/or identify voluntary consensus standards we have not listed that might apply. M. Environment We have analyzed this interim rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2– 1, paragraphs (34)(a), (c), (d) and (e) of the Instruction and under section 6(a) and (b) of the ‘‘Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy’’ (67 FR 48243, July 23, 2002). This rule involves regulations concerning the manning, documentation, measurement, inspection, and equipping of vessels; regulations concerning equipment approval and carriage requirements; regulations concerning vessel operation safety standards; and congressionally mandated regulations designed to protect the environment. An environmental analysis checklist and a categorical exclusion determination are 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 15 Reporting and recordkeeping requirements, Seamen, Vessels. 46 CFR Part 61 Reporting and recordkeeping requirements, Vessels. 46 CFR Part 62 Reporting and recordkeeping requirements, Vessels. 46 CFR Part 90 Cargo vessels, Marine safety. E:\FR\FM\18AUR2.SGM 18AUR2 48924 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations § 15.810 Title 46—Shipping 46 CFR Part 110 Incorporation by reference, Reporting and recordkeeping requirements, Vessels. 46 CFR Part 111 Incorporation by reference, Vessels. 46 CFR Part 125 Administrative practice and procedure, Cargo vessels, Hazardous materials transportation, Incorporation by reference, Marine safety, Seamen. 46 CFR Part 126 PART 2—VESSEL INSPECTIONS 1. The authority citation for part 2 continues to read as follows: ■ Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. Note prec. 1). 2. Amend § 2.10–25 by revising paragraph (3) in the definition of ‘‘offshore supply vessel or OSV’’ to read as follows: ■ Cargo vessels, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 127 § 2.10–25 Definitions. Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Seamen. * 46 CFR Part 128 PART 15—MANNING REQUIREMENTS Cargo vessels, Hazardous materials transportation, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. ■ 46 CFR Part 129 Cargo vessels, Hazardous materials transportation, Marine safety, Reporting and recordkeeping requirements. § 15.825 * Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 134 Cargo vessels, Hazardous materials transportation, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 174 Marine safety, Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 2, 15, 61, 62, 90, 110, 111, 125, 126, 127, 128, 129, 130, 131, 132, 134, and 174 as follows: Jkt 232001 Watches. * Cargo vessels, Fire prevention, Marine safety, Navigation (water), Occupational safety and health, Reporting and recordkeeping requirements. 46 CFR Part 132 6. Amend § 15.825 by redesignating paragraph (c) as paragraph (d) and adding paragraph (c) to read as follows: ■ § 15.705 46 CFR Part 131 mstockstill on DSK4VPTVN1PROD with RULES2 Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906, 9102, and 8103; sec. 617, Pub. L. 111–281, 124 Stat. 2905; and Department of Homeland Security Delegation No. 0170.1. * * * * (b) * * * (5) An offshore supply vessel of 100 GRT (100 GT ITC if GRT is not assigned) or more, but less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter— one credentialed mate (except when on a voyage of at least 600 miles—two credentialed mates). A voyage includes the accrued distance from port of departure to port of arrival and does not include stops at offshore points. (6) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter—two credentialed mates provided that the OSV meets the requirements in 46 CFR 15.1111 (except when on a voyage of more than 600 miles—three credentialed mates). A voyage includes the accrued distance from the vessel’s port of departure to the vessel’s port of arrival. Stops at offshore points or facilities do not constitute separate voyages; stops at offshore points or facilities are included in the total accrued distance between the vessel’s port of departure and the vessel’s port of arrival. * * * * * 4. Amend § 15.705 by revising paragraph (c) to read as follows: Cargo vessels, Marine safety, Navigation (water), Reporting and recordkeeping requirements. 18:26 Aug 15, 2014 3. The authority citation for part 15 is revised to read as follows: ■ 46 CFR Part 130 VerDate Mar<15>2010 * * * * Offshore supply vessel or OSV * * * (3) Is more than 15 gross tons; and * * * * * Mates. * * * * * (c)(1) Subject to exceptions, 46 U.S.C. 8104(g) permits the officers and crew members (except the coal passers, firemen, oilers, and watertenders) to be divided into two watches when at sea and engaged on a voyage of less than 600 miles on the following categories of vessels— (i) Towing vessel; (ii) Offshore supply vessels, except as provided by paragraph (c)(2) of this section; or (iii) Barge. (2) Paragraph (c)(1) of this section applies to an OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in § 125.160 of this chapter, if the individuals engaged on the vessel are in compliance with the work hours and rest period requirements in § 15.1111 of this part. * * * * * ■ 5. Amend § 15.810 as follows: ■ a. Remove paragraph (b)(4); ■ b. Redesignate paragraph (b)(5) as paragraph (b)(4); and ■ c. Add new paragraphs (b)(5) and (6) to read as follows: PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 Engineers. * * * * (c) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter, for which the Coast Guard has accepted the use of automated systems to replace specific personnel pursuant to subpart 62.50 of this chapter, must carry at least one credentialed assistant engineer, in addition to the individual described in § 15.820 of this subpart. * * * * * PART 61—PERIODIC TESTS AND INSPECTIONS 7. The authority citation for part 61 is revised to read as follows: ■ Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703; sec. 617, Pub. L. 111–281, 124 Stat. 2905; E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. § 61.40–10 [Amended] 8. In § 61.40–10(b), remove the words ‘‘Commandant CG–ENG’’ and add, in their place, the words ‘‘Commanding Officer, Marine Safety Center’’. ■ E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations b. Revise paragraphs (b) and (c) to read as follows: PART 62—VITAL SYSTEM AUTOMATION ■ 9. The authority citation for part 62 is revised to read as follows: § 90.10–40 ■ Authority: 46 U.S.C. 3306, 3703, 8105; sec. 617, Pub. L. 111–281, 124 Stat. 2905; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. § 62.01–5 [Amended] 10. Amend § 62.01–5(a) as follows: a. After the words ‘‘subchapter D, I, or U’’, remove the word ‘‘and’’ and add, in its place, the punctuation mark ‘‘,’’; and ■ b. After the words ‘‘subchapter H’’, add the words ‘‘, and to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter’’. ■ ■ PART 90—GENERAL PROVISIONS 11. The authority citation for part 90 is revised to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Sections 90.05–20 and 90.10–40 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. 12. Amend § 90.05–20 as follows: a. In paragraph (a), after the number ‘‘100’’, add the text ‘‘GRT (100 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter’’ and remove the words ‘‘but of less than 500 gross tons’’; and ■ b. Revise paragraph (b) to read as follows: ■ ■ § 90.05–20 vessels. Applicability to offshore supply mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (b) Each offshore supply vessel permitted grandfathering under paragraph (a) of this section must have completed construction and have a Certificate of Inspection by— (1) March 16, 1998, if the vessel is of less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter; or (2) August 18, 2016, if the vessel is of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter. ■ 13. Amend § 90.10–40 as follows: ■ a. In paragraph (a), remove the words ‘‘and less than 500 gross tons (as measured under the Standard, Dual, or Simplified Measurement System under part 69, subpart C, D, or E, of this chapter) or is less than 6,000 gross tons (as measured under the Convention Measurement System under part 69, subpart B, of this chapter)’’, and add, in their place, the words ‘‘or more,’’; and VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 Offshore supply vessels. * * * * * (b) An existing offshore supply vessel is one that is— (1) Of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter, contracted for, or the keel of which was laid, before March 15, 1996; or (2) Of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter, contracted for, or the keel of which was laid, before August 18, 2014. (c) A new offshore supply vessel is one— (1) That is of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after March 15, 1996; (2) That is of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after August 18, 2014; or (3) That underwent a major conversion initiated on or after March 15, 1996. PART 110—GENERAL PROVISIONS 14. The authority citation for part 110 is revised to read as follows: ■ Authority: 33 U.S.C. 1509; 43 U.S.C 1333; 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; § 110.01–2 also issued under 44 U.S.C. 3507. Sections 110.15–1 and 110.25– 1 also issued under sec. 617, Pub. L. 111– 281, 124 Stat. 2905. 15. Revise § 110.10–1 to read as follows: ■ § 110.10–1 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. The word ‘‘should,’’ when used in material incorporated by reference, is to be construed the same as the words ‘‘must’’ or ‘‘shall’’ for the purposes of this subchapter. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 48925 7126, Washington, DC 20593–7126, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to http://www.archives.gov/federal_ register/code_of_federal_regulations/ ibr_locations.html. (b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, 281–877– 5800, http://www.eagle.org. (1) Rules for Building and Classing Steel Vessels, Part 4 Vessel Systems and Machinery, 2003 (‘‘ABS Steel Vessel Rules’’), IBR approved for §§ 110.15–1, 111.01–9, 111.12–3, 111.12–5, 111.12–7, 111.33–11, 111.35–1, 111.70–1, 111.105–31, 111.105–39, 111.105–40 and 113.05–7. (2) Rules for Building and Classing Mobile Offshore Drilling Units, Part 4 Machinery and Systems, 2001 (‘‘ABS MODU Rules’’), IBR approved for §§ 111.12–1, 111.12–3, 111.12–5, 111.12–7, 111.33–11, 111.35–1 and 111.70–1. (c) American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036, 212–642–4900, http://www.ansi.org/. (1) ANSI/IEEE C37.12–1991— American National Standard for AC High-Voltage Circuit Breakers Rated on a Symmetrical Current BasisSpecifications Guide, 1991 (‘‘ANSI/IEEE C37.12’’), IBR approved for § 111.54–1. (2) ANSI/IEEE C37.27–1987 (IEEE Std 331)—Application Guide for LowVoltage AC Nonintegrally Fused Power Circuitbreakers (Using Separately Mounted Current-Limiting Fuses), 1987 (‘‘ANSI/IEEE C37.27’’), IBR approved for § 111.54–1. (3) ANSI/ISA 60079–18—Electrical Apparatus for Use in Class I, Zone 1 Hazardous (Classified) Locations: Type of Protection—Encapsulation ‘‘m’’, approved July 31, 2009 (‘‘ANSI/ISA 60079–18’’), IBR approved for § 111.106–3(d). (d) American Petroleum Institute (API), Order Desk, 1220 L Street NW., Washington, DC 20005–4070, 202–682– 8000, http://www.api.org. (1) API RP 500—Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, Second Edition, November 1997, reaffirmed in 2002 (‘‘API RP 500’’), IBR approved for §§ 111.106–7(a) and 111.106–13(b). (2) API RP 505—Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 48926 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations Zone 1, and Zone 2, First Edition, approved January 7, 1998 (dated November 1997), reaffirmed 2002 (‘‘API RP 505’’), IBR approved for §§ 111.106– 7(a) and 111.106–13(b). (e) American Society of Mechanical Engineers (ASME) International, Three Park Avenue, New York, NY 10016– 5990, 800–843–2763, http:// www.asme.org/. (1) ASME A17.1–2000—Part 2 Electric Elevators, 2000 (‘‘ASME A17.1’’), IBR approved for § 111.91–1. (2) [Reserved] (f) ASTM International (formerly American Society for Testing and Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959, 610– 832–9500, http://www.astm.org. (1) ASTM B 117–97—Standard Practice for Operating Salt Spray (Fog) Apparatus (‘‘ASTM B 117’’), IBR approved for § 110.15–1. (2) ASTM F2876–10—Standard Practice for Thermal Rating and Installation of Internal Combustion Engine Packages for use in Hazardous Locations in Marine Applications, approved November 1, 2010 (‘‘ASTM F2876–10’’), IBR approved for § 111.106–3(h). (g) Canadian Standards Association (CSA), 5060 Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 800–463–6727, http://www.csa.ca/. (1) C22.2 No. 30–M1986—ExplosionProof Enclosures for Use in Class I Hazardous Locations, Reaffirmed 2007 (‘‘CAN/CSA C22.2 No. 30–M1986’’), IBR approved for § 111.106–3(b). (2) C22.2 No. 213–M1987—Nonincendive Electrical Equipment for Use in Class I, Division 2 Hazardous Locations, Reaffirmed 2008 (‘‘CAN/CSA C22.2 No. 213–M1987’’), IBR approved for § 111.106–3(b). (3) CAN/CSA–C22.2 No. 0–M91— General Requirements—Canadian Electrical Code, Part II, Reaffirmed 2006 (‘‘CAN/CSA C22.2 No. 0–M91’’), IBR approved for § 111.106–3(b). (4) CAN/CSA–C22.2 No. 157–92— Intrinsically Safe and Non-incendive Equipment for Use in Hazardous Locations, Reaffirmed 2006 (‘‘CAN/CSA C22.2 No. 157–92’’), IBR approved for § 111.106–3(b). (h) DLA Document Services, Department of Defense, Single Stock Point, 700 Robbins Avenue, Philadelphia, PA 19111, 215–697–6396, http://www.assistdocs.com. (1) MIL–C–24640A—Military Specification Cables, Light Weight, Electric, Low Smoke, for Shipboard Use, General Specification for (1995) Supplement 1, June 26, 1995 (‘‘NPFC MIL–C–24640A’’), IBR approved for §§ 111.60–1 and 111.60–3. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 (2) MIL–C–24643A—Military Specification Cables and Cords, Electric, Low Smoke, for Shipboard Use, General Specification for (1996), Amendment 2, March 13, 1996 (‘‘MIL–C–24643A’’), IBR approved for §§ 111.60–1 and 111.60–3. (3) MIL–DTL–24640C with Supplement 1—Detail Specification Cables, Lightweight, Low Smoke, Electric, for Shipboard Use, General Specification for, November 18, 2011 (‘‘MIL–DTL–24640C’’), IBR approved for § 111.106–5(a). (4) MIL–DTL–24643C with Supplement 1A—Detail Specification Cables, Electric, Low Smoke HalogenFree, for Shipboard Use, General Specification for, December 13, 2011 (dated October 1, 2009) (‘‘MIL–DTL– 24643C’’), IBR approved for § 111.106– 5(a). (5) MIL–W–76D—Military Specification Wire and Cable, Hook-Up, Electrical, Insulated, General Specification for (2003) Amendment 1– 2003, February 6, 2003 (‘‘NPFC MIL–W– 76D’’), IBR approved for § 111.60–11. (i) FM Approvals, P.O. Box 9102, Norwood, MA 02062, 781–440–8000, http://www.fmglobal.com: (1) Class Number 3600—Approval Standard for Electric Equipment for use in Hazardous (Classified) Locations General Requirements, November 1998 (‘‘FM Approvals Class Number 3600’’), IBR approved for § 111.106–3(b). (2) Class Number 3610—Approval Standard for Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous (Classified) Locations, January 2010 (‘‘FM Approvals Class Number 3610’’), IBR approved for § 111.106–3(b). (3) Class Number 3611—Approval Standard for Non-incendive Electrical Equipment for Use in Class I and II, Division 2, and Class III, Divisions 1 and 2, Hazardous (Classified) Locations, December 2004 (‘‘FM Approvals Class Number 3611’’), IBR approved for § 111.106–3(b). (4) Class Number 3615—Approval Standard for Explosionproof Electrical Equipment General Requirements, August 2006 (‘‘FM Approvals Class Number 3615’’), IBR approved for § 111.106–3(b). (5) Class Number 3620—Approval Standard for Purged and Pressurized Electrical Equipment for Hazardous (Classified) Locations, August 2000 (‘‘FM Approvals Class Number 3620’’), IBR approved for § 111.106–3(b). (j) Institute of Electrical and Electronic Engineers (IEEE), IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 732–981–0060, http://www.ieee.org. PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 (1) IEEE Std C37.04–1999—IEEE Standard Rating Structure for AC HighVoltage Circuit Breakers, 1999 (‘‘IEEE C37.04’’), IBR approved for § 111.54–1. (2) IEEE Std C37.010–1999—IEEE Application Guide for AC High-Voltage Circuit Breakers Rated on a Symmetrical Current Basis, 1999 (‘‘IEEE C37.010’’), IBR approved for § 111.54–1. (3) IEEE Std C37.13–1990—IEEE Standard for Low-Voltage AC Power Circuit Breakers Used in Enclosures, October 22, 1990 (‘‘IEEE C37.13’’), IBR approved for § 111.54–1. (4) IEEE Std C37.14–2002—IEEE Standard for Low-Voltage DC Power Circuit Breakers Used in Enclosures, April 25, 2003 (‘‘IEEE C37.14’’), IBR approved for § 111.54–1. (5) IEEE Std 45–1998—IEEE Recommended Practice for Electric Installations on Shipboard, October 19, 1998 (‘‘IEEE 45–1998’’), IBR approved for §§ 111.30–19, 111.105–3, 111.105–31 and 111.105–41. (6) IEEE Std 45–2002—IEEE Recommended Practice for Electrical Installations On Shipboard, October 11, 2002 (‘‘IEEE 45–2002’’), IBR approved for §§ 111.05–7, 111.15–2, 111.30–1, 111.30–5, 111.33–3, 111.33–5, 111.40–1, 111.60–1, 111.60–3, 111.60–5, 111.60– 11, 111.60–13, 111.60–19, 111.60–21, 111.60–23, 111.75–5 and 113.65–5. (7) IEEE 100—The Authoritative Dictionary of IEEE Standards Terms, Seventh Edition, 2000 (‘‘IEEE 100’’), IBR approved for § 110.15–1. (8) IEEE Std 1202–1991—IEEE Standard for Flame Testing of Cables for Use in Cable Tray in Industrial and Commercial Occupancies, 1991 (‘‘IEEE 1202’’), IBR approved for §§ 111.60–6 and 111.107–1. (9) IEEE Std 1580–2001—IEEE Recommended Practice for Marine Cable for Use on Shipboard and Fixed or Floating Platforms, December 17, 2001 (‘‘IEEE 1580’’), IBR approved for §§ 111.60–1, 111.60–2, 111.60–3 and 111.106–5(a). (k) International Electrotechnical Commission (IEC), 3 Rue de Varembe, Geneva, Switzerland, +41 22 919 02 11, http://www.iec.ch/. (1) IEC 60068–2–52—Environmental Testing Part 2: Tests—Test Kb: Salt Mist, Cyclic (Sodium Chloride Solution), Second Edition, 1996 (‘‘IEC 60068–2–52’’), IBR approved for § 110.15–1. (2) IEC 60079–0—Electrical apparatus for Explosive Gas Atmospheres—Part 0: General Requirements, Edition 3.1, 2000 (‘‘IEC 60079–0’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, and 111.105–17. (3) IEC 60079–1—Electrical Apparatus for Explosive Gas Atmospheres—Part 1: E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations Flameproof Enclosures ‘‘d’’ including corr.1, Fourth Edition, 2001 (‘‘IEC 60079–1’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–9, and 111.105–17. (4) IEC 60079–1:2007—Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’, Sixth Edition, 2007–04, IBR approved for § 111.106–3(b). (5) IEC 60079–2—Electrical Apparatus for Explosive Gas Atmospheres—Part 2: Pressurized Enclosures ‘‘p’’, Fourth Edition, 2001 (‘‘IEC 60079–2’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7 and 111.105–17. (6) IEC 60079–2:2007—Explosive atmospheres—Part 2: Equipment protection by pressurized enclosures ‘‘p’’, Fifth Edition, 2007–02, IBR approved for § 111.106–3(b). (7) IEC 60079–5—Electrical Apparatus for Explosive Gas Atmospheres—Part 5: Powder Filling ‘‘q’’, Second Edition, 1997 (‘‘IEC 60079–5’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–15 and 111.105–17. (8) IEC 60079–5:2007—Explosive atmospheres—Part 5: Equipment protection by powder filling ‘‘q’’, Third edition, 2007–03, IBR approved for § 111.106–3(b). (9) IEC 60079–6—Electrical Apparatus for Explosive Gas Atmospheres—Part 6: Oil Immersion ‘‘o’’, Second Edition, 1995 (‘‘IEC 60079–6’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–15 and 111.105–17. (10) IEC 60079–6:2007—Explosive atmospheres—Part 6: Equipment protection by oil immersion ‘‘o’’, Third edition, 2007–03, IBR approved for § 111.106–3(b). (11) IEC 60079–7—Electrical Apparatus for Explosive Gas Atmospheres—Part 7: Increased Safety ‘‘e’’, Third Edition, 2001 (‘‘IEC 60079– 7’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–15 and 111.105–17. (12) IEC 60079–7:2006—Explosive atmospheres—Part 7: Equipment protection by increased safety ‘‘e’’, Fourth edition, 2006–07, IBR approved for § 111.106–3(b). (13) IEC 60079–11—Electrical Apparatus for Explosive Gas Atmospheres—Part 11: Intrinsic Safety ‘‘i’’, Fourth Edition, 1999 (‘‘IEC 60079– 11’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–11 and 111.105–17. (14) IEC 60079–11:2006—Explosive atmospheres—Part 11: Equipment protection by intrinsic safety ‘‘i’’, Fifth edition, 2006–07, IBR approved for § 111.106–3(b). (15) IEC 60079–13:2010—Explosive atmospheres—Part 13: Equipment VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 protection by pressurized room ‘‘p’’, Edition 1.0, 2010–10, IBR approved for § 111.106–3(b). (16) IEC 60079–15—Electrical Apparatus for Explosive Gas Atmospheres—Part 15: Type of Protection ‘‘n’’, Second Edition, 2001 (‘‘IEC 60079–15’’), IBR approved for §§ 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–15 and 111.105–17. (17) IEC 60079–15:2010—Explosive atmospheres—Part 15: Equipment protection by type of protection ‘‘n’’, Edition 4.0, 2010–01, IBR approved for § 111.106–3(b). (18) IEC 60079–18 Electrical Apparatus for Explosive Gas Atmospheres—Part 18: Encapsulation ‘‘m’’, First Edition, 1992 (‘‘IEC 79–18’’), IBR approved for §§ , 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–15 and 111.105–17. (19) IEC 60079–18:2009—Explosive atmospheres—Part 18: Equipment protection by encapsulation ‘‘m’’, Edition 3.0, 2009–05, IBR approved for § 111.106–3(b) and (d). (20) IEC 60079–25:2010—Explosive atmospheres—Part 25: Intrinsically safe electrical systems, Edition 2.0, 2010–02, IBR approved for § 111.106–3(b). (21) IEC 60092–101—Electrical Installation in Ships, Part 101: Definitions and General Requirements, Edition 4.1, 2002 (‘‘IEC 60092–101’’), IBR approved for §§ 110.15–1 and 111.81–1. (22) IEC 60092–201—Electrical Installation in Ships, Part 201: System Design—General, Fourth Edition, 1994 (‘‘IEC 92–201’’), IBR approved for §§ 111.70–3 and 111.81–1. (23) IEC 60092–202—Amendment 1 Electrical Installation in Ships, Part 202: System Design—Protection, 1996 (‘‘IEC 92–202’’), IBR approved for §§ 111.12–7, 111.50–3, 111.53–1 and 111.54–1. (24) IEC 60092–301—Amendment 2 Electrical Installation in Ships, Part 301: Equipment—Generators and Motors, 1995 (‘‘IEC 92–301’’), IBR approved for §§ 111.12–7, 111.25–5 and 111.70–1. (25) IEC 60092–302—Electrical Installation in Ships, Part 302: LowVoltage Switchgear and Control Gear Assemblies, Fourth Edition, 1997 (‘‘IEC 60092–302’’), IBR approved for §§ 111.30–1, 111.30–5 and 111.30–19. (26) IEC 60092–303—Electrical Installation in Ships, Part 303: Equipment—Transformers for Power and Lighting, Third Edition, 1980 (‘‘IEC 92–303’’), IBR approved for § 111.20–15. (27) IEC 60092–304—Amendment 1 Electrical Installation in Ships, Part 304: Equipment-Semiconductor Convertors, 1995 (‘‘IEC 92–304’’), IBR approved for §§ 111.33–3 and 111.33–5. PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 48927 (28) IEC 60092–306—Electrical Installation in Ships, Part 306: Equipment-Luminaries and accessories, Third Edition, 1980 (‘‘IEC 92–306’’), IBR approved for §§ 111.75–20 and 111.81– 1. (29) IEC 60092–350:2008—Electrical installations in ships—Part 350: General construction and test methods of power, control and instrumentation cables for shipboard and offshore applications, Edition 3.0, 2008–02, IBR approved for § 111.106–5(a). (30) IEC 60092–352—Electrical Installation in Ships—Choice and Installation of Cables for Low-Voltage Power Systems, Second Edition, 1997 (‘‘IEC 60092–352’’), IBR approved for §§ 111.60–3, 111.60–5 and 111.81–1. (31) IEC 60092–353—Electrical Installations in Ships—Part 353: Single and Multicore Non-Radial Field Power Cables with Extruded Solid Insulation for Rated Voltages 1kV and 3kV, Second Edition, 1995 (‘‘IEC 60092–353’’), IBR approved for §§ 111.60–1, 111.60–3 and 111.60–5. (32) IEC 60092–353:2011—Electrical installations in ships—Part 353: Power cables for rated voltages 1 kV and 3 kV, Edition 3.0, 2011–08, IBR approved for § 111.106–5(a). (33) IEC 60092–401—Electrical Installations in Ships, Part 401: Installation and Test of completed Installation with amendment 1 (1987) and amendment 2 (1997), Third Edition, 1980, (‘‘IEC 60092–401’’), IBR approved for §§ 111.05–9 and 111.81–1. (34) IEC 60092–502—Electrical installations in ships—Part 502: Tankers—Special features—Fifth edition, 1999–02 (‘‘IEC 60092–502’’), IBR approved for §§ 111.81–1, 111.105– 31, 111.106–3(b), 111.106–5(c), and 111.106–15(a). (35) IEC 60092–503—Electrical installations in ships, Part 503: Special features: A.C. supply systems with voltages in the range of above 1kV up to and including 11kV, First Edition, 1975 (‘‘IEC 60092–503’’), IBR approved for § 111.30–5. (36) IEC 60331–11—Tests for electric cables under fire conditions—Circuit integrity—Part 11: Apparatus—Fire alone at a flame temperature of at least 750 °C, First Edition, 1999 (‘‘IEC 60331– 11’’), IBR approved for § 113.30–25. (37) IEC 60331–21—Tests for Electric Cables Under Fire Conditions—Circuit Integrity—Part 21: Procedures and Requirements—Cables of Rated Voltage up to and Including 0.6/1.0kV, First Edition, 1999 (‘‘IEC 60331–21’’), IBR approved for § 113.30–25. (38) IEC 60332–1—Tests on Electric Cables Under Fire Conditions, Part 1: Test on a Single Vertical Insulated Wire E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 48928 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations or Cable, Third Edition, 1993 (‘‘IEC 60332–1’’), IBR approved for § 111.30– 19. (39) IEC 60332–3–22—Tests on Electric Cables Under Fire Conditions— Part 3–22: Test for Vertical Flame Spread of Vertically-Mounted Bunched Wires or Cables—Category A, First Edition, 2000 (‘‘IEC 60332–3–22’’), IBR approved for §§ 111.60–1, 111.60–2, 111.60–6 and 111.107–1. (40) IEC 60529—Degrees of Protection Provided by Enclosures (IP Code), Edition 2.1, 2001 (‘‘IEC 60529’’), IBR approved for §§ 110.15–1, 111.01–9, 113.10–7, 113.20–3, 113.25–11, 113.30– 25, 113.37–10, 113.40–10 and 113.50–5. (41) IEC 60533—Electrical and Electronic Installations in Ships— Electromagnetic Compatibility, Second Edition, (1999), (‘‘IEC 60533’’), IBR approved for § 113.05–7. (42) IEC 60947–2—Low-Voltage Switchgear and Controlgear Part 2: Circuit-Breakers, Third Edition, 2003 (‘‘IEC 60947–2’’), IBR approved for § 111.54–1. (43) IEC 61363–1—Electrical Installations of Ships and Mobile and Fixed Offshore Units—Part 1: Procedures for Calculating Short-Circuit Currents in Three-Phase a.c., First Edition, 1998 (‘‘IEC 61363–1’’), IBR approved for § 111.52–5. (44) IEC 62271–100—High-voltage switchgear and controlgear—part 100: High-voltage alternating current circuitbreakers, Edition 1.1, 2003 (‘‘IEC 62271–100’’), IBR approved for § 111.54–1. (l) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org. (1) International Convention for the Safety of Life at Sea (SOLAS), Consolidated Text of the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: Article, Annexes and Certificates. (Incorporating all Amendments in Effect from January 2001), (‘‘IMO SOLAS 74’’), IBR approved for §§ 111.99–5, 111.105–31, 112.15–1 and 113.25–6. (2) [Reserved] (m) International Society of Automation (ISA), 67 Alexander Drive, P.O. Box 12277, Research Triangle Park, NC 27709, 919–549–8411, http:// www.isa.org. (1) RP 12.6—Wiring Practices for Hazardous (Classified) Locations Instrumentation Part I: Intrinsic Safety, 1995 (‘‘ISA RP 12.6’’), IBR approved for § 111.105–11. (2) [Reserved] VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 (n) Lloyd’s Register, 71 Fenchurch Street, London EC3M 4BS, +44 (0)20 7709 9166, http://www.lr.org. (1) Type Approval System-Test Specification Number 1 (2002), IBR approved for § 113.05–7. (2) [Reserved] (o) National Electrical Manufacturers Association (NEMA), 1300 North 17th Street, Rosslyn, VA 22209, 703–841– 3200, http://www.nema.org. (1) NEMA Standards Publication ICS 2–2000, Industrial Control and Systems Controllers, Contactors, and Overload Relays, Rated 600 Volts, (2000), (‘‘NEMA ICS 2’’), IBR approved for § 111.70–3. (2) NEMA Standards Publication ICS 2.3–1995, Instructions for the Handling, Installation, Operation, and Maintenance of Motor Control Centers Rated not More Than 600 Volts, (1995), (‘‘NEMA ICS 2.3’’), IBR approved for § 111.70–3. (3) NEMA Standards Publication No. ICS 2.4–2003, NEMA and IEC Devices for Motor Service—a Guide for Understanding the Differences, (2003), (‘‘NEMA ICS 2.4’’), IBR approved for § 111.70–3. (4) NEMA Standards Publication No. ANSI/NEMA 250–1997, Enclosures for Electrical Equipment (1000 Volts Maximum) (Aug. 30, 2001), (‘‘NEMA 250’’), IBR approved for §§ 110.15–1, 111.01–9, 110.15–1, 113.10–7, 113.20–3, 113.25–11, 113.30–25, 113.37–10, 113.40–10 and 113.50–5. (5) NEMA Standards Publication No. WC–3–1992, Rubber Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy, Revision 1, February 1994, (‘‘NEMA WC–3’’), IBR approved for § 111.60–13. (6) NEMA WC–70/ICEA S–95–658– 1999 Standard for Non-Shielded Power Rated Cable 2000V or Less for the Distribution of Electrical Energy, (1999), (‘‘NEMA WC–70’’), IBR approved for § 111.60–13. (p) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617–770– 3000, http://www.nfpa.org. (1) NEC 2002 (NFPA 70)—National Electrical Code Handbook, Ninth Edition, 2002 (‘‘NFPA NEC 2002’’), IBR approved for §§ 111.05–33, 111.20–15, 111.25–5, 111.50–3, 111.50–7, 111.50–9, 111.53–1, 111.54–1, 111.55–1, 111.59–1, 111.60–7, 111.60–13, 111.60–23, 111.81–1, 111.105–1, 111.105–3, 111.105–5, 111.105–7, 111.105–9, 111.105–15, 111.105–17, and 111.107–1. (2) NFPA 70—National Electrical Code, 2011 Edition (‘‘NFPA 70’’), IBR approved for §§ 110.15–1(b), 111.106– 3(b), and 111.106–5(c). PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 (3) NFPA 77—Recommended Practice on Static Electricity, 2000 (‘‘NFPA 77’’), IBR approved for § 111.105–27. (4) NFPA 99—Standard for Health Care Facilities, 2005 (‘‘NFPA 99’’), IBR approved for § 111.105–37. (5) NFPA 496—Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2003 (‘‘NFPA 496’’), IBR approved for § 111.105–7. (6) NFPA 496—Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2008 Edition (‘‘NFPA 496 (2008)’’), IBR approved for § 111.106–3(c). (q) Naval Sea Systems Command (NAVSEA), Code 55Z, 1333 Isaac Hull Avenue SE., Washington Navy Yard, Washington, DC 20362, 202–781–0000, http://www.navsea.navy.mil. (1) DDS 300–2—A.C. Fault Current Calculations, 1988 (‘‘NAVSEA DDS 300–2’’), IBR approved for § 111.52–5. (2) MIL–HDBK–299(SH)—Military Handbook Cable Comparison Handbook Data Pertaining to Electric Shipboard Cable Notice 1–1991 (Revision of MIL– HDBK–299(SH) (1989)), 1991 (‘‘NAVSEA MIL–HDBK–299(SH)’’), IBR approved for § 111.60–3. (r) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory Drive, Research Triangle Park, NC 27709–3995, 919–549–1400, http://www.ul.com. (1) UL 44—Standard for ThermosetInsulated Wire and Cable, Fifteenth Edition, Mar. 22, 1999 (Revisions through and including May 13, 2002), (‘‘UL 44’’), IBR approved for § 111.60– 11. (2) UL 50—Standard for Safety Enclosures for Electrical Equipment, Eleventh Edition, Oct. 19, 1995 (‘‘UL 50’’), IBR approved for § 111.81–1. (3) UL 62—Standard for Flexible Cord and Fixture Wire, Sixteenth Edition, Oct. 15, 1997 (‘‘UL 62’’), IBR approved for § 111.60–13. (4) UL 83—Standard for Thermoplastic-Insulated Wires and Cables, Twelfth Edition, Sept. 29, 1998 (‘‘UL 83’’), IBR approved for § 111.60– 11. (5) UL 484—Standard for Room Air Conditioners, Seventh Edition, Apr. 27, 1993 (Revisions through and including Sep. 3, 2002) (‘‘UL 484’’), IBR approved for § 111.87–3. (6) UL 489—Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit-Breaker Enclosures, Ninth Edition, Oct. 31, 1996, (Revisions through and including Mar. 22, 2000), (‘‘UL 489’’), IBR approved for §§ 111.01– 15 and 111.54–1. (7) UL 514A—Metallic Outlet Boxes, Ninth Edition, (Dec. 27, 1996), (‘‘UL 514A’’), IBR approved for § 111.81–1. E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations (8) UL 514B—Conduit, Tubing, and Cable Fittings, Fourth Edition, (Nov. 3, 1997), (‘‘UL 514B’’), IBR approved for § 111.81–1. (9) UL 514C—Standard for Nonmetallic Outlet Boxes, Flush-Device Boxes, and Covers, Second Edition, (Oct. 31, 1988), (‘‘UL 514C’’), IBR approved for § 111.81–1. (10) UL 674—Standard for Safety: Electric Motors and Generators for Use in Division 1 Hazardous (Classified) Locations, Fourth Edition with revisions through August 12, 2008 (dated December 11, 2003) (‘‘ANSI/UL 674’’), IBR approved for § 111.106–3(b). (11) UL 823—Electric Heaters for Use in Hazardous (Classified) Locations, Ninth Edition including revisions through November 15, 2007 (dated October 20, 2006) (‘‘ANSI/UL 823’’), IBR approved for § 111.106–3(b). (12) UL 844—Standard for Safety: Luminaires for Use in Hazardous (Classified) Locations, Twelfth Edition including revisions through November 20, 2008 (dated January 11, 2006) (‘‘ANSI/UL 844’’), IBR approved for § 111.106–3(b). (13) UL 913—Standard for Safety: Intrinsically Safe Apparatus and Associated Apparatus for Use in Class i, ii, and iii, Division 1, Hazardous (Classified) Locations, Sixth Edition, (Aug. 8, 2002) (Revisions through and including Dec. 15, 2003), (‘‘UL 913’’), IBR approved for § 111.105–11. (14) UL 913—Standard for Safety: Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous Locations, Seventh Edition including revisions through June 3, 2010 (dated July 31, 2006) (‘‘ANSI/UL 913’’), IBR approved for § 111.106–3(b). (15) UL 1042—Standard for Electric Baseboard Heating Equipment, Apr. 11, 1994, IBR approved for § 111.87–3. (16) UL 1072—Standard for MediumVoltage Power Cables, Third Edition, Dec. 28, 2001 (Revisions through and including Apr. 14, 2003), IBR approved for § 111.60–1. (17) UL 1104—Standard for Marine Navigation Lights, Second Edition, Oct. 29, 1998, IBR approved for § 111.75–17. (18) UL 1203—Standard for Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Locations, Third Edition, Sep. 7, 2000 (Revisions through and including Apr. 30, 2004), IBR approved for § 111.105–9. (19) UL 1203—Standard for Safety: Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Locations, Fourth Edition including revisions through October 28, 2009 (dated VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 September 15, 2006) (‘‘ANSI/UL 1203’’), IBR approved for § 111.106–3(b). (20) UL 1309—Marine Shipboard Cables, First Edition, July 14, 1995, IBR approved for §§ 111.60–1, 111.60–3, and 111.106–5(a). (21) UL 1581—Reference Standard for Electrical Wires, Cables, and Flexible Cords, 2003, IBR approved for §§ 111.30–19, 111.60–2 and 111.60–6. (22) UL 1598—Luminaires, First Edition, Jan. 31, 2000, IBR approved for § 111.75–20. (23) UL 1598A—Standard for Supplemental Requirements for Luminaires for Installation on Marine Vessels, First Edition, Dec. 4, 2000, IBR approved for § 111.75–20. (24) UL 1604—Electrical Equipment for Use in Class I and II, Division 2 and Class III Hazardous (Classified) Locations, Third Edition including revisions through February 3, 2004 (dated April 28, 1994), IBR approved for § 111.106–3(b). (25) UL 2225—Cables and CableFittings for Use in Hazardous (Classified) Locations, Second Edition, December 21, 2005 (‘‘ANSI/UL 2225’’), IBR approved for § 111.106–3(b). ■ 16. Amend § 110.15–1(b) by adding, in alphabetical order, the definitions for ‘‘IECEx System’’, ‘‘Integral tank’’, ‘‘Nonhazardous’’, ‘‘Shut-off valve’’, ‘‘Special Division 1’’, ‘‘Zone 0’’, ‘‘Zone 1’’, and ‘‘Zone 2’’ to read as follows: § 110.15–1 Definitions. * * * * * (b) * * * IECEx System means an international certification system covering equipment that meets the provisions of the IEC 60079 series of standards (incorporated by reference, see § 110.10–1). The IECEx System is comprised of an Ex Certification Body and an Ex Testing Laboratory that has been accepted into the IECEx System after satisfactory assessment of their competence to ISO/ IEC Standard 17025, ISO/IEC Guide 65, IECEx rules of procedures, IECEx operational documents, and IECEx technical guidance documents as part of the IECEx assessment process. * * * * * Integral tank means a tank that is a structural part of the vessel’s hull and is influenced in the same manner and by the same loads that stress the adjacent hull structure. * * * * * Non-hazardous means an area in which an explosive gas atmosphere is not expected to be present in quantities that require special precautions for the construction, installation, and use of electrical equipment. * * * * * PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 48929 Shut-off valve is a valve that closes a pipeline and provides nominal metal-tometal contact between the valve operating parts, including the disc and gate, and the valve body. Special Division 1 is a Class I, Zone 0 hazardous location in Article 505 of NFPA 70 (incorporated by reference, see § 110.10–1) that may require special considerations for electrical equipment installed in such locations. * * * * * Zone 0 is a hazardous location in which an explosive gas or vapor in mixture with air is continuously present or present for long periods. Zone 1 is a hazardous location in which an explosive gas or vapor in mixture with air is likely to occur in normal operating conditions. Zone 2 is a hazardous location in which an explosive gas or vapor in mixture with air is not likely to occur in normal operating conditions, or in which such a mixture, if it does occur, will only exist for a short time. ■ 17. Amend § 110.25–1 by adding paragraph (p) to read as follows: § 110.25–1 Plans and information required for new construction. * * * * * (p) For an OSV with hazardous locations to which subpart 111.106 of this part applies, plans showing the extent and classification of all hazardous locations, including information on— (1) Equipment identification by manufacturer’s name and model number; (2) Equipment use within the system; (3) Parameters of intrinsically safe systems, including cables; (4) Equipment locations; (5) Installation details and/or approved control drawings; and (6) A certificate of testing, and listing or certification, by an independent laboratory, as defined by 46 CFR 159.001–3, or an IECEx Certificate of Conformity under the IECEx System, where required by the respective standard in § 111.106–3(b)(1), (2), or (3) of this subchapter. PART 111—ELECTRIC SYSTEMS GENERAL REQUIREMENTS 18. The authority citation for part 111 is revised to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security Delegation No. 0170.1. Section 111.05–20 and Subpart 111.106 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. 19. Add § 111.05–20 to read as follows: ■ E:\FR\FM\18AUR2.SGM 18AUR2 48930 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations § 111.05–20 Grounded distribution systems on OSVs designed to carry flammable or combustible liquids with closed-cup flashpoints not exceeding 60 ≥C (140 ≥F). (a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in § 125.160 of this chapter, that are designed to carry flammable or combustible liquids with a closed-cup flashpoint not exceeding 60 °C (140 °F). (b) A grounded distribution system is only allowed as provided in paragraph (c) of this section. (c) Grounding of the neutral for alternating current power networks of 3,000 volts (line to line) or more is permitted, provided that any possible resulting current does not flow directly through any hazardous locations. ■ 20. Add subpart 111.106, consisting of §§ 111.106–1 through 111.106–17, to read as follows: Subpart 111.106—Hazardous Locations on OSVs Sec. 111.106–1 Applicability. 111.106–3 General requirements. 111.106–5 Cable and wiring. 111.106–7 Classification of adjacent spaces with access to hazardous locations. 111.106–9 Classification of flammable or combustible cargo storage and handling locations. 111.106–11 Classification of storage and handling locations of heated combustible liquid cargoes. 111.106–13 Cargo handling devices or cargo pump rooms handling flammable or combustible cargoes. 111.106–15 Ventilation of hazardous locations. 111.106–17 Piping: electrical bonding. § 111.106–1 Applicability. This subpart applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in § 125.160 of this chapter. mstockstill on DSK4VPTVN1PROD with RULES2 § 111.106–3 General requirements. (a) Electrical installations in hazardous locations, where necessary for operational purposes, must be located in the least hazardous location practicable. (b) Electrical installations in hazardous locations must comply with the standards listed in paragraphs (b)(1), (2), or (3) of this section. (1) NFPA 70 Articles 500 through 504 (incorporated by reference, see § 110.10–1). Equipment identified for Class I locations must meet the provisions of Sections 500.7 and 500.8 of NFPA 70 and must be tested and listed by an independent laboratory to any of the following standards: (i) ANSI/UL 674, ANSI/UL 823, ANSI/UL 844, ANSI/UL 913, ANSI/UL VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 1203, UL 1604 (Division 2) and/or ANSI/UL 2225 (incorporated by reference, see § 110.10–1). (ii) FM Approvals Class Number 3600, Class Number 3610, Class Number 3611, Class Number 3615, Class Number 3620, or any combination of these (incorporated by reference, see § 110.10–1). (iii) CAN/CSA C22.2 Nos. 0–M91, 30– M1986, 157–92, and/or 213–M1987 (incorporated by reference, see § 110.10–1). Note to § 111.106–3(b)(1): See Article 501.5 of NFPA 70 for use of Zone equipment in Division designated spaces. (2) NFPA 70 Article 505 (incorporated by reference, see § 110.10–1). Equipment identified for Class I locations must meet the provisions of Sections 505.7 and 505.9 of NPFA 70 and be tested and listed by an independent laboratory to the ANSI/ISA Series of standards incorporated in NFPA 70. Note to § 111.106–3(b)(2): See Article 505.9(c)(1) of the NFPA 70 for use of Division equipment in Zone designated spaces. (3) IEC 60092–502 (incorporated by reference, see § 110.10–1), with the following exceptions: (i) Section 111.106–5 of this subpart applies in lieu of Clause 7.3.1. (ii) Section 111.106–9 of this subpart applies in lieu of Clause 4.2. (iii) Section 111.106–7 of this subpart applies in lieu of Clauses 4.1.5 and 8.4. (iv) Section 111.106–13(b) of this subpart applies in lieu of Clause 4.1.4 for enclosed areas containing devices handling hydrocarbons. (v) Section 111.106–11 of this subpart applies in lieu of Clause 4.3.2. (vi) Electrical apparatus in hazardous locations must meet one or the combination of IEC 60079–1:2007, IEC 60079–2:2007, IEC 60079–5:2007, IEC 60079–6:2007, IEC 60079–7:2006, IEC 60079–11:2006, IEC 60079–13:2010, IEC 60079–15:2010, IEC 60079–18:2009 or IEC 60079–25:2010 (incorporated by reference, see § 110.10–1) in lieu of Clause 6.5. (vii) Equipment must be tested by an Ex Testing Laboratory and certified by an Ex Certification Body under the IECEx System, in lieu of Clause 6.3. Note to § 111.106–3(b): System components that are listed or certified under paragraph (b)(1), (b)(2) or (b)(3) of this section must not be combined in a manner that would compromise system integrity or safety. (c) As an alternative to paragraph (b)(1) of this section, electrical equipment that complies with the provisions of NFPA 496 (2008) PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 (incorporated by reference, see § 110.10–1) is acceptable for installation in Class I, Divisions 1 and 2. When equipment meeting this standard is used, it does not need to be identified and marked by an independent laboratory. The Commanding Officer, Marine Safety Center (MSC) will evaluate equipment complying with this standard during plan review. It is normally considered acceptable if a manufacturer’s certification of compliance is indicated on a material list or plan. (d) Equipment listed or certified to ANSI/ISA 60079–18 or IEC 60079– 18:2009, respectively, (incorporated by reference, see § 110.10–1) is not permitted in Class I Special Division 1 or Zone 0 hazardous location, unless the encapsulating compound of Ex ‘‘ma’’ protected equipment is not exposed to, or has been determined to be compatible with, the liquid or cargo in the storage tank. (e) Lighting circuits serving flameproof or explosion-proof lighting fixtures in an enclosed hazardous space or room must— (1) Have at least two lighting branch circuits; (2) Be arranged so that there is light for relamping any de-energized lighting circuit; (3) Not have the switch and overcurrent device within the space for those spaces containing explosion-proof or flameproof lighting fixtures; and (4) Have a switch and overcurrent protective device that must open all ungrounded conductors of the circuit simultaneously. (f) Submerged pump motors that do not meet the requirements of § 111.105– 31(d), installed in tanks carrying flammable or combustible liquids with closed-cup flashpoints not exceeding 60 °C (140 °F), must receive concept approval by the Commandant (CG–ENG) and plan approval by the Commanding Officer, MSC. (g) Wiring materials and cables in hazardous locations must meet the construction and testing requirements in § 111.106–5 of this subpart. (h) Internal combustion engines installed in Divisions 1 and 2 (Zones 1 and 2) must meet the provisions of ASTM F2876–10 (incorporated by reference, see § 110.10–1). (i) Cofferdams are required to separate enclosed spaces adjacent to integral cargo storage tanks. (j) The cargo pumping/piping systems must be arranged independently from all other systems. Cargo transfer pumps and piping (including fill, discharge, vent, and sounding piping) must not be located in or pass through any E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations accommodation, service, or machinery spaces. § 111.106–9 Classification of flammable or combustible cargo storage and handling locations. § 111.106–5 (a) This section applies to locations surrounding the storage and handling locations of flammable and combustible liquid cargoes with closed-cup flashpoints not exceeding 60 °C (140 °F). (b) The following are Class I Special Division 1 (Zone 0) locations: (1) Enclosed areas containing devices handling cargoes, such as cargo handling or pump rooms, except as modified by § 111.106–13 of this subpart. (2) The interiors of cargo storage tanks, slop tanks, any pressure-relief pipework or other venting systems for cargo and slop tanks, pipes and equipment containing the cargo or developing flammable gases or vapors. (3) Areas on an open deck, or a semienclosed space on an open deck, within 0.5 meters of any cargo storage tank outlet, cargo gas or vapor outlet, ullage opening, sounding pipe, cargo tank opening for pressure release, or cargo storage tank pressure or vacuum valve provided to permit the flow of small volumes of gas or vapor mixtures caused by thermal variation. (4) Areas on an open deck, or semienclosed spaces on open deck, within 0.5 meters of any cargo handling or pump room entrance, or cargo ventilation handling or pump room ventilation inlet or outlet. (5) Areas in the vicinity of any cargo vent outlet for free flow of large volumes of vapor mixtures during cargo loading and discharging of storage tanks, within a vertical cylinder of unlimited height, of 1 meter radius centered upon the vent outlet, and within a hemisphere of 1meter radius below the vent outlet. (6) Areas in the vicinity of any cargo high-velocity vent outlet during cargo loading and discharging of storage tanks, within a vertical cylinder of unlimited height, of 0.5 meters radius centered upon the vent outlet, and within a hemisphere of 0.5 meters radius below the vent outlet. (c) The following are Class I Division 1 (Zone 1) locations: (1) Areas on an open deck, or a semienclosed space on an open deck, that are 2.5 meters beyond the Class I Special Division 1 (Zone 0) areas cited in paragraphs (b)(3) and (4) of this section. (2) Areas on an open deck, or a semienclosed space on an open deck, that are within 3 meters of any cargo manifold valve, cargo valve, cargo pipe flange, cargo tank hatch, sight port, tank cleaning opening, and opening into cofferdams or other Zone 1 spaces. Cable and wiring. (a) Cable and wiring in hazardous locations must meet the cable construction and testing provisions of IEEE 1580; UL 1309; MIL–DTL–24640C; MIL–DTL–24643C; or IEC 60092– 350:2008 and IEC 60092–353:2011 (incorporated by reference, see § 110.10–1), including the respective flammability tests contained therein, and must be of a copper-stranded type. (b) Type MC cables, when used, must meet the requirements in § 111.60–23 of this part. (c) For intrinsically safe systems under the standards cited in § 111.106– 3(b)(1) and (b)(2) of this subpart, the wiring methods must meet Section 504.30 of NFPA 70 (incorporated by reference, see § 110.10–1). For intrinsically safe systems under the standards cited in § 111.106–3(b)(3) of this subpart, the installation and wiring must meet Clause 7, except for Clause 7.3.1, of IEC 60092–502 (incorporated by reference, see § 110.10–1). mstockstill on DSK4VPTVN1PROD with RULES2 § 111.106–7 Classification of adjacent spaces with access to hazardous locations. (a) Hazardous location classification of adjacent spaces must comply with Clause 12.5 of either API RP 500 or API RP 505 (incorporated by reference, see § 110.10–1). (b) A differential pressure-monitoring device or a flow-monitoring device, or both, must be provided for monitoring the pressurization of spaces having an opening into a more hazardous zone. A running fan motor or a fan-rotation monitoring device indicator is insufficient to satisfy this requirement. (c) During initial startup, or after shutdown of the pressurization or ventilation system, and regardless of the classification of the hazardous location, the space must be ventilated or purged, followed by pressurization or ventilation of the space, before any electrical apparatus within the space may be energized. The atmosphere is considered non-hazardous when the concentration of explosive gases or vapors is below 30 percent of the lower explosive limit at all points in the space, equipment enclosures and vent ducts. (d) Only electrical equipment and devices that are necessary for the operational purposes of the space may be installed in spaces made nonhazardous by the methods allowed in this section. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 48931 (3) Regardless of the level of natural ventilation, areas on an open deck above the tank top of each cargo tank extending out 3 meters beyond the tank top boundaries of each cargo tank, up to a height of 2.4 meters above the deck. (4) Areas on an open deck within spillage coamings surrounding cargo manifold valves extending 3 meters beyond the boundaries of the spillage coamings, up to a height of 2.4 meters. (5) A void space or an enclosed space immediately above, below or adjacent to an integral cargo storage tank, including cofferdams and permanent (for example, segregated) ballast tanks adjacent to integral cargo storage tanks. (6) A hold space containing an independent cargo storage tank. (7) Compartments for cargo transfer hoses. (8) Enclosed or semi-enclosed spaces in which pipes containing cargoes are located. (9) Areas 7.5 meters beyond the cylinder and 7.5 meters beyond the hemisphere of the Class I Special Division 1 (Zone 0) hazardous locations cited in paragraph (b)(5) of this section. (10) Areas 5.5 meters beyond the cylinder and 5.5 meters beyond the hemisphere of the Class I Special Division 1 (Zone 0) hazardous locations cited in paragraph (b)(6) of this section. (d) The following are Class I Division 2 (Zone 2) locations: (1) Areas on an open deck, or a semienclosed space on an open deck, that are 1.5 meters beyond the Class I Division 1 (Zone 1) areas cited in paragraphs (c)(1) through (4) of this section. (2) Areas 1.5 meters beyond the cylinder and 1.5 meters beyond the hemisphere of the Class I Special Division 1 (Zone 1) hazardous locations cited in paragraph (c)(9) of this section. (3) Areas 4 meters beyond the cylinder and 4 meters beyond the hemisphere of the Class I Division 1 (Zone 1) hazardous locations cited in paragraph (c)(10) of this section. (4) Enclosed spaces beyond the open deck areas cited in paragraph (c)(3) of this section that are below the level of the main deck and have an opening onto the main deck or at a level less than 0.5 meters above the main deck, unless— (i) The entrances to such spaces, including ventilation inlets and outlets, are situated at least 5 meters from the closest integral cargo tank bulkhead and at least 10 meters measured horizontally from any integral cargo tank outlet or gas or vapor outlet; and (ii) The spaces are mechanically ventilated. E:\FR\FM\18AUR2.SGM 18AUR2 48932 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations § 111.106–11 Classification of storage and handling locations of heated combustible liquid cargoes. (a) This section applies to locations surrounding the storage and handling of combustible liquid cargoes with closedcup flashpoints exceeding 60 °C (140 °F). (b) The interiors of independent storage tanks and integral tanks containing cargoes with closed-cup flashpoints of 60 °C (140 °F) or higher and heated to within 15 °C of their flashpoint are considered Class I Special Division 1 (Zone 0). The hazardous locations in § 111.106–9 of this subpart apply. mstockstill on DSK4VPTVN1PROD with RULES2 § 111.106–13 Cargo handling devices or cargo pump rooms handling flammable or combustible cargoes. (a) This section is applicable to enclosed areas containing devices handling flammable or combustible liquid cargoes with closed-cup flashpoints not exceeding 60 °C (140 °F). (b) Enclosed hazardous locations containing devices that handle cargoes must comply with Clauses 6.3.1.2 of API RP 500 and 6.6.1.2 of API RP 505 (incorporated by reference, see § 110.10–1). Ventilation must not be used to reduce the classification of such areas. (c) Cargo pump rooms must be isolated from all sources of vapor ignition by gastight bulkheads. The gastight bulkhead between the pump room and the pump-motor compartment may be pierced by fixed lights, drive shafts, and pump-engine control rods, provided that the shafts and rods are fitted with fixed oil reservoir gland seals, or pressure grease seals where they pass through the gastight bulkheads. Other types of positive pressure seals must be specially approved by the Commandant (CG– ENG). Access to a cargo handling enclosed area or room must be from the open deck. (d) Fixed lights in cargo pump rooms or enclosed cargo handling areas must meet the arrangement and construction requirements in § 111.105–31(g) of this part. (e) A cargo handling area or pump room that precludes the lighting arrangement of paragraph (d) of this section, or where the lighting arrangement of paragraph (d) of this section does not give the required illumination level, must have explosionproof, flameproof (Ex ‘‘d’’) or flameproof-increased safety (Ex ‘‘de’’) lighting fixtures. VerDate Mar<15>2010 19:12 Aug 15, 2014 Jkt 232001 § 111.106–15 locations. Ventilation of hazardous (a) The ventilation design principles must comply with Clauses 8.1.3, 8.2, and 8.3 of IEC 60092–502 (incorporated by reference, see § 110.10–1). Note to § 111.106–15(a): The word ‘‘mechanical,’’ as used in this section, is interchangeable with the word ‘‘artificial’’ used in IEC 60092–502. (b) A ventilation system must— (1) Be positioned so as not to recycle vapors from ventilation discharges; (2) Have its operational controls outside the ventilated space, if the system is mechanical; and (3) Have a protective metal screen of not more than 13 mm (0.512 in.) square mesh on each ventilation intake and exhaust opening. (c) The mechanical ventilation of enclosed flammable or combustible liquid cargo handling or cargo pump rooms must be sufficient to effect a minimum complete 30 air changes per hour based on the volume of the pump room and associated trunks up to the deck at which access from the weather is provided. The power ventilation system must be designed to remove vapors from the bottom of the space at points where concentrations of vapors may be expected. (d) The following spaces must have a supply-type mechanical ventilation system capable of providing at least 8 air changes per hour: (1) Each space that contains electric motors for cargo handling equipment. (2) Each cargo control station. § 111.106–17 Piping: electrical bonding. (a) Tanks or piping systems that are separated from the hull structure by thermal isolation must be electrically bonded to the hull structure by a method under paragraph (c) of this section. (b) A pipe joint or a hose connection fitting that has a gasket must be electrically bonded by a method under paragraph (c) of this section that bonds— (1) Both sides of the connection to the hull structure; or (2) Each side of the connection to the other side. (c) An electrical bond must be made by at least one of the following methods: (1) A metal bonding strap attached by welding or bolting; (2) Two or more bolts that give metalto-metal contact between the bolts and the parts to be bonded; or (3) Other metal-to-metal contact between adjacent parts under designed operating conditions.. PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 PART 125—GENERAL 21. The authority citation for part 125 is revised to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 22. Amend § 125.100 as follows: a. In paragraph (a), remove the words ‘‘paragraph (c)’’ and add, in their place, the words ‘‘paragraphs (c) or (e)’’; ■ b. In paragraph (b) introductory text, remove the word ‘‘be’’ and add, in its place, the words ‘‘have been’’; ■ c. In paragraph (c), remove the word ‘‘complete’’ and add, in its place, the words ‘‘have completed’’; ■ d. Redesignate paragraphs (d) and (e) as new paragraphs (f) and (g), respectively; ■ e. Add new paragraphs (d) and (e); ■ f. In redesignated paragraph (g), remove the word ‘‘alteration’’ and add, in its place, the word ‘‘conversion’’; and ■ g. In the Note, after the word ‘‘Note’’, add the words ‘‘to § 125.100’’. The additions read as follows: ■ ■ § 125.100 Applicability. * * * * * (d) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in § 125.160 of this part, contracted for, or the keel of which was laid, before August 18, 2014, must be constructed and inspected to comply with-– (1) The regulations in effect until August 18, 2014 (46 CFR subchapter I), as they existed at the time of construction; or (2) The regulations in this subchapter. (e) Each OSV constructed and inspected in accordance with paragraph (d)(1) of this section must complete construction and have a Certificate of Inspection by August 18, 2016. * * * * * ■ 23. Add § 125.103 to read as follows: § 125.103 Tonnage measurement. (a) An OSV of at least 6,000 gross tonnage, as measured under section 14302 of Title 46, United States Code (hereafter referred to as an OSV of at least 6,000 GT ITC), must apply all regulations of the Coast Guard that depend on the vessel’s tonnage using the tonnage as measured under the Convention measurement system. (b) An OSV that is measured only under section 14502 of Title 46, United States Code, and that is at least 500 gross register tons as measured under that system (hereafter referred to as an OSV of at least 500 GRT), must apply all regulations of the Coast Guard that depend on the vessel’s tonnage as if the E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations vessel’s tonnage were at least 6,000 GT ITC. (c) In this subchapter, tonnage thresholds expressed in terms of ‘‘gross tons’’ are applied using GRT, if assigned, and GT ITC if GRT is not assigned. ■ 24. Add § 125.105 to read as follows: § 125.105 International certificates for OSVs of at least 6,000 GT ITC. An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must obtain and maintain the following international certificates as a prerequisite to obtaining a Certificate of Inspection: (a) Cargo Ship Safety Construction Certificate in accordance with the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS, 1974, as amended). (b) Cargo Ship Safety Equipment Certificate in accordance with SOLAS, 1974, as amended. (c) Safety Management Certificate in accordance with SOLAS, 1974, as amended. (d) International Oil Pollution Prevention Certificate in accordance with the International Convention for the Prevention of Pollution at Sea, as amended (MARPOL 73/78). (e) International Air Pollution Prevention Certificate in accordance with MARPOL 73/78. (f) International Load Line Certificate in accordance with the International Convention on Load Lines, 1966, as subsequently modified by its Protocol of 1988, as amended. ■ 25. Amend § 125.110 by adding paragraphs (b)(3) and (e) to read as follows: § 125.110 Carriage of flammable or combustible liquid cargoes in bulk. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (b) * * * (3) Other flammable or combustible liquids as authorized in § 125.125 of this part. * * * * * (e) On an OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), tanks authorized for carriage of oil as defined by 33 CFR 157.03, including drilling fluids containing oil as defined by 33 CFR 157.03, must comply with double hull requirements stated in 33 CFR 157.10d. Note to § 125.110(e): Additional limitations on the carriage of flammable or combustible liquid cargoes are found in § 127.650 of this part. ■ 26. Add § 125.115 to read as follows: § 125.115 Oil fuel tank protection. (a) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) that VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 is delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, must comply with the requirements of Regulation 12A of Annex I to MARPOL 73/78 (incorporated by reference, see § 125.180) at all times. (b) Transfer of excess fuel oil from the fuel supply tanks of an OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) to an offshore drilling or production facility will not cause Subchapter D of this chapter to apply to the OSV, provided that the vessel is— (1) Not a tankship as defined in 46 CFR 30.10–67; and (2) In the service of oil exploitation. ■ 27. In § 125.120, revise the section heading and paragraph (a) to read as follows: § 125.120 Carriage of noxious liquid substances in bulk by OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned). (a) Except as provided by this section, no OSV of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) may carry a noxious liquid substance (NLS) in bulk without the approval of the Commandant (CG–ENG). * * * * * ■ 28. Add § 125.125 to read as follows: § 125.125 Carriage of noxious liquid substances in bulk by OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). (a) Except as provided by this section, no OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) may carry a noxious liquid substance (NLS) in bulk without the approval of the Commandant (CG–ENG). (b) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) holding a valid Certificate of Fitness or a International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in accordance with the provisions of IMO Resolution A.673(16) (incorporated by reference, see § 125.180), may carry in integral and fixed independent tanks— (1) Drilling fluids, including muds, brines, and salts, subject to paragraph (c) of this section and § 125.110 of this subpart; and (2) Additional NLSs that are— (i) Hazardous and noxious liquids listed in Appendix 1 of IMO Resolution A.673(16); (ii) Products that may be carried on a type 3 ship, as defined by the IBC Code (incorporated by reference, see § 125.180), except that cargoes with an ‘‘S’’ designation in the hazard column (column d) in Chapter 17 of the IBC Code may only be carried if they are not PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 48933 designated as toxic products as per section 15.12 of that Code; or (iii) Not listed in Chapter 17 of the IBC Code, but otherwise meet the specific carriage requirements established by the Commandant (CG– ENG). (c) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) that meets the stability and cargo tank location requirements— (1) Of IMO Resolution A.673(16) may carry any of those cargoes listed in paragraph (b) of this section up to a maximum aggregate quantity of 800 cubic meters or 40 percent of the vessel’s deadweight calculated with a cargo density of 1.0, whichever is less; or (2) Of a well stimulation vessel in accordance with IMO Resolution A.673(16) may carry— (i) In unlimited quantity, those combustible cargoes in paragraph (b)(1) of this section, as defined in 46 CFR 30.10–15; and (ii) In quantities not to exceed 20 percent of the vessel’s deadweight, drilling fluids of Grade C, as defined in § 30.10–22 of this chapter, and those cargoes in paragraph (b)(2) of this section. (d) Each OSV carrying NLS in bulk in integral tanks or fixed independent tanks must maintain a Cargo Record Book and have on board an approved Shipboard Marine Pollution Emergency Plan in accordance with Annex II to MARPOL 73/78 (incorporated by reference, see § 125.180). (e) An OSV is not allowed to discharge NLS residues into the sea. This must be stated in the approved Procedures and Arrangements Manual required by Regulation 14 of Annex II to MARPOL 73/78. The Manual may, in lieu of the requirements as outlined in Annex II Appendix 4, be approved with the following changes: (1) Section 2.6 may read ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea, and is not equipped with an underwater discharge outlet.’’ (2) Section 2.8 may be marked ‘‘N/A’’. (3) Section 2.9 may read, ‘‘This vessel is not equipped with a tank washing system.’’, unless the vessel is equipped with a tank washing system. (4) Section 3.3 may read, ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea and is not equipped with a tank stripping system.’’, unless the vessel is equipped with a tank stripping system. (5) Section 4.4.2 may read, ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea and is not equipped E:\FR\FM\18AUR2.SGM 18AUR2 48934 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations with a tank stripping system.’’, unless the vessel is equipped with a tank stripping system. (6) Section 4.4.3 may read, ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea.’’ (7) Section 4.4.6 should refer the reader to appropriate compatibility guides. (8) Section 4.4.7 may read, ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea. All NLS residues must be discharged to an appropriate reception facility.’’ (9) Section 4.4.8 may read, ‘‘This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea.’’ (10) Section 4.4.9 may read, ‘‘All cleaning agents and additives must be treated as substances of their assigned NLS category. This vessel is prohibited from discharging Noxious Liquid Substance (NLS) residues to the sea. All NLS residues must be discharged to an appropriate reception facility.’’ (11) Section 4.4.10 may be marked ‘‘N/A’’. (f) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) may transfer the following materials to and from a portable tank by following the procedures in § 98.30, including § 98.30–17 (b)(2), of this chapter: (1) The materials in § 98.30–5 of this chapter. (2) Hazardous and noxious liquids listed in appendix 1 of IMO Resolution A.673(16). (3) Products which may be carried on a type 2 or 3 ship, as defined by the IBC Code. (4) Products which may be carried with a cargo containment system II or III, as defined by Table 1 to part 153. (g) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) may not transfer Certain Dangerous Cargoes, as defined by 33 CFR 160.204, to or from a portable tank. ■ 29. Amend § 125.140 by redesignating the existing text as paragraph (a) and adding paragraph (b) to read as follows: § 125.140 Loadlines. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (b) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must be assigned an international load line in accordance with the International Convention on Load Lines, 1966, as amended (incorporated by reference, see § 125.180). ■ 30. Revise § 125.150 to read as follows: VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 § 125.150 Lifesaving systems. (a) Lifesaving appliances and arrangements on OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with part 133 of this subchapter. (b) Lifesaving appliances and arrangements on OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with subparts A, B, and D of part 199 of this chapter. ■ 31. Amend § 125.160 as follows: ■ a. Add the definitions, in alphabetical order, for ‘‘Gross register tons or GRT’’, and ‘‘Gross tonnage ITC or GT ITC’’; ■ b. Revise the definition for ‘‘Offshore supply vessel’’; and ■ c. Remove the definition of ‘‘OSV’’. The additions and revision read as follows: § 125.160 Definitions. * * * * * Gross register tons or GRT means the gross ton measurement of the vessel under the Regulatory Measurement System described in 46 U.S.C. 14502. Gross tonnage ITC or GT ITC means the gross tonnage measurement of the vessel under the Convention Measurement System described in 46 U.S.C. 14302. * * * * * Offshore supply vessel or OSV means a vessel that— (1) Is propelled by machinery other than steam; (2) Does not meet the definition of a passenger-carrying vessel in 46 U.S.C. 2101(22) or 46 U.S.C. 2101(35); (3) Is more than 15 gross tons; and (4) Regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources. * * * * * ■ 32. Revise § 125.180 to read as follows: § 125.180 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Operating and Environmental Standards (CG–OES), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7126, and is available from the sources listed below. It is also available for inspection at the PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. (b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, 281–877– 5800, http://www.eagle.org. (1) Rules for Building and Classing Steel Vessels Under 61 Meters (200 Ft) in Length, 1983, IBR approved for § 127.210. (2) Rules for Building and Classing Steel Vessels, 1995, IBR approved for §§ 127.210 and 129.360. (3) Rules for Building and Classing Aluminum Vessels, 1975, IBR approved for § 127.210. (4) Rules for Building and Classing Mobile Offshore Drilling Units, 1994, IBR approved for §§ 133.140 and 133.150. (c) American National Standards Institute (ANSI), 25 West 43rd St., New York, NY 10036, 212–642–4900, http:// www.ansi.org. (1) B 31.1–1986—Code for Pressure Piping, Power Piping, IBR approved for § 128.240. (2) Z 26.1–1977 (including 1980 Supplement)—Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways, IBR approved for § 127.430. (d) American Society of Mechanical Engineers (ASME) International, Three Park Avenue, New York, NY 10016– 5990, 800–843–2763, http:// www.asme.org. (1) Boiler and Pressure Vessel Code Section I, Power Boilers, July 1989 with 1989 addenda, IBR approved for § 128.240. (2) [Reserved] (e) ASTM International (formerly American Society for Testing and Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959, 610– 832–9500, http://www.astm.org. (1) ASTM D 93–97—Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester (‘‘ASTM D 93’’), IBR approved for § 128.310(a) and (b). (2) ASTM F1014—02 (Reapproved 2007)—Standard Specification for Flashlights on Vessels, approved May 1, 2007, IBR approved for § 132.365(b). (f) American Yacht and Boat Council, Inc. (AYBC): 3069 Solomon’s Island Rd., Edgewater, MD 21037–1416, 410–990– 4460, http://www.abycinc.org. (1) A–3–1993—Galley Stoves, IBR approved for § 129.550. (2) A–7–1970—Recommended Practices and Standards Covering Boat E:\FR\FM\18AUR2.SGM 18AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations Heating Systems, IBR approved for § 129.550. (3) E–1–1972—Bonding of DirectCurrent Systems, IBR approved for § 129.120. (4) E–8–1994—Alternating-Current (AC) Electrical Systems on Boats, IBR approved for § 129.120. (5) E–9–1990—Direct-Current (DC) Electrical Systems on Boats, IBR approved for § 129.120. (g) Institute of Electrical and Electronics Engineers (IEEE), IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08855, 732–981–0060, http://www.ieee.org. (1) No. 45–1977—Recommended Practice for Electric Installations on Shipboard, IBR approved for § 129.340. (2) [Reserved] (h) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org. (1) International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, Consolidated Edition, 2006 (‘‘MARPOL 73/78’’), IBR approved for §§ 125.115(a) and 125.125(d) and (e). (2) International Convention for the Safety of Life at Sea, Consolidated Edition, 1992 (‘‘SOLAS 74/83’’), IBR approved for § 126.170. (3) International Convention for the Safety of Life at Sea, 1974, as amended, Consolidated Edition, 2009, including Erratum (‘‘SOLAS, 1974, as amended’’), IBR approved for §§ 127.225(a), 127.610(a), 127.620, 127.630, and 127.640(a). (4) Resolution A.520(13)—Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Lifesaving Appliances and Arrangements, dated 17 November, 1983, IBR approved for § 133.40. (5) Resolution A.658(16)—Use and Fitting of Retro-Reflective Materials on Life-saving Appliances, dated 20 November, 1989, IBR approved for §§ 131.855, 131.875, and 133.70. (6) Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, 2007 edition (‘‘Resolution A.673(16)’’), IBR approved for § 125.125(b). (7) Resolution A.760(18)—Symbols Related to Life-Saving Appliances and Arrangements, dated 17 November, 1993, IBR approved for §§ 131.875, 133.70, and 133.90. (8) International Convention on Load Lines, 1966 and Protocol of 1988, as amended in 2003, Consolidated Edition, VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 2005 (‘‘International Convention on Load Lines, 1966’’), IBR approved for § 125.140(b). (9) Annex 7 to IMO MEPC 52/54, Report of the Marine Environment Protection Committee on its FiftySecond Session, ‘‘Resolution MEPC.119(52), 2004 Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code),’’ adopted October 15, 2004 (‘‘IBC Code’’), IBR approved for § 125.125(b). (i) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269–9101, 617– 770–3000, http://www.nfpa.org: (1) NFPA 10—Standard for Portable Fire Extinguishers, 1994 Edition, IBR approved for § 132.350. (1) NFPA 70—National Electrical Code, 1993 Edition, IBR approved for §§ 129.320, 129.340 and 129.370. (3) NFPA 302—Fire Protection Standard for Pleasure and Commercial Motor Craft, 1994 Edition, IBR approved for § 129.550. (2) NFPA 306—Control of Gas Hazards on Vessels, 1993 Edition, IBR approved for § 126.160. (3) NFPA 1963—Fire Hose Connections, 1993, IBR approved for § 132.130. (4) NFPA 10—Standard for Portable Fire Extinguishers, 1994, IBR approved for § 132.350. (5) NFPA 302—Fire Protection Standard for Pleasure and Commercial Motor Craft, 1994, IBR approved for § 129.550. (j) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory Drive, Research Triangle Park, NC 27709–3995, 919–549–1400, http://www.ul.com: (1) UL 19–1992—Lined Fire Hose and Hose Assemblies, IBR approved for § 132.130. (2) UL 57–1976—Electric Lighting Fixtures, IBR approved for § 129.410. (3) UL 486A–1992—Wire Connectors and Soldering Lugs for Use with Copper Conductors, IBR approved for § 129.340. (4) UL 489–1995—Molded-Case Circuit Breakers and Circuit-Breaker Enclosures, IBR approved for § 129.380. (5) UL 595–1991—Marine-Type Electric Lighting Fixtures, IBR approved for § 129.410. (6) UL 1570–1995—Fluorescent Lighting Fixtures, IBR approved for § 129.410. (7) UL 1571–1995—Incandescent Lighting Fixtures, IBR approved for § 129.410. (8) UL 1572–1995—High Intensity Discharge Lighting Fixtures, IBR approved for § 129.410. (9) UL 1573–1995—Stage and Studio Lighting Units, IBR approved for § 129.410. PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 48935 (10) UL 1574–1995—Track Lighting Systems, IBR approved for § 129.410. PART 126—INSPECTION AND CERTIFICATION 33. The authority citation for part 126 is revised to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 U.S.C. Chapter 701; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Executive Order 11735, 38 FR 21243, 3 CFR 1971–1975 Comp., p. 793; Department of Homeland Security Delegation No. 0170.1. § 126.170 [Amended] 34. In § 126.170(a), after the words ‘‘exceed 36’’, add the words ‘‘, unless the vessel meets the applicability and construction requirements of subpart F of part 127 of this subchapter’’. ■ PART 127—CONSTRUCTION AND ARRANGEMENTS 35. The authority citation for part 127 is revised to read as follows: ■ Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 36. Add § 127.200 to subpart B to read as follows: ■ § 127.200 Classification society standards. Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must, in addition to the requirements contained elsewhere in this subchapter, be classed by a classification society recognized under the provisions of part 8 of subchapter A (Procedures Applicable to the Public) of this chapter. ■ 37. Add § 127.225 to read as follows: § 127.225 Structural fire protection. (a) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with the provisions of Chapter II–2 of SOLAS, 1974, as amended (incorporated by reference, see § 125.180), for Method IC cargo ships. (b) All structural fire-protection materials must be approved by the Coast Guard in accordance with the regulations of subpart 2.75 of this chapter. (c) The exterior boundaries of superstructures, except wheelhouses, containing accommodation, service and control spaces, facing the cargo area must be constructed of steel and comply with §§ 32.56–20, 32.56–21, and 32.56– 22 of this chapter. (d) Cargo pump rooms must be separated from accommodation spaces, service spaces, and control stations by A–60 divisions. (e) Cargo pump rooms must be separated from machinery spaces of category A by A–0 divisions. E:\FR\FM\18AUR2.SGM 18AUR2 48936 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 38. Amend § 127.230 by redesignating the existing text as paragraph (a) and adding paragraph (b) to read as follows: ■ § 127.230 Subdivision and stability. * * * * * (b) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) that is of at least 80 meters in length is not required to comply with part 174, subpart G of this chapter. ■ 39. Add subpart F, consisting of §§ 127.600 through 127.650, to read as follows: Subpart F—Construction and Arrangements for OSVs Carrying More Than 36 Offshore Workers. Sec. 127.600 Applicability. 127.610 Damage stability requirements. 127.620 Marine engineering requirements. 127.630 Electrical installation requirements. 127.640 Fire-protection requirements. 127.650 Bulk liquid cargo limitations. § 127.600 Applicability. This subpart applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). 127.610 Damage stability requirements. (a) Each OSV that is authorized to carry more than 240 persons must comply with the following provisions of SOLAS, 1974, as amended, as though the OSV is a passenger ship and the offshore workers are considered as passengers: chapter II–1, parts B–1, B– 2, and B–4, and regulation II–1/35–1 (incorporated by reference, see § 125.180). (b) Each OSV that is authorized to carry less than 240 persons must comply with the provisions of chapter II–1 of SOLAS, 1974, as amended: (1) Part B–1 and regulation II–1/35–1 of SOLAS, 1974, as amended, as though the OSV is a passenger ship and the offshore workers are considered as passengers, except that— (i) The required subdivision index used must be the R value calculated according to regulation II–1/6.2.3 of SOLAS, 1974, as amended, multiplied by the factor F, where: mstockstill on DSK4VPTVN1PROD with RULES2 F = (N + 720)/960 N = total number of persons authorized; and (ii) Compliance with regulations II–1/ 8 and II–1/8–1 of SOLAS, 1974, as amended, is not required. (2) Parts B–2 and B–4 as though the OSV is a cargo ship and the offshore workers are considered as crew, except that regulations II–1/9, II–1/13, II–1/19, II–1/20, and II–1/21 of SOLAS, 1974, as VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 amended, must be applied as though the OSV is a passenger ship. § 127.620 Marine engineering requirements. Steering gear on OSVs authorized for carriage of more than 240 persons must comply with regulation II–1/29.6.1.1 of SOLAS, 1974, as amended (incorporated by reference, see § 125.180) in lieu of SOLAS regulation II–1/29.6.1.2. § 127.630 Electrical installation requirements. § 128.310 Electrical installations must comply with regulation II—1/42 of SOLAS, 1974, as amended (incorporated by reference, see § 125.180) in lieu of regulation II–1/43. § 127.640 Fire-protection requirements. (a) Except as provided in this section, each OSV must comply with the fireprotection provisions of chapter II–2 of SOLAS, 1974, as amended (incorporated by reference, see § 125.180) applicable to passenger vessels carrying more than 36 passengers. (b) OSVs authorized for carriage of 240 or fewer persons may comply with the fire-protection provisions of chapter II–2 of SOLAS, 1974, as amended, applicable to passenger vessels carrying not more than 36 passengers but need not comply with regulations II–2/21 and II–2/22. § 127.650 Bulk liquid cargo limitations. Notwithstanding § 125.110 of this subchapter, no OSV carrying more than 240 total persons may carry flammable or combustible liquid cargoes of Grade D or higher in bulk. PART 128—MARINE ENGINEERING: EQUIPMENT AND SYSTEMS 40. The authority citation for part 128 is revised to read as follows: ■ Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 41. Revise § 128.110 to read as follows: ■ § 128.110 Equipment and systems. (a) Except as provided by this part, the design, installation, testing, and inspection of materials, machinery, pressure vessels, and piping for OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with subchapter F of this chapter. (b) Except as specifically provided by § 128.310, the design, plan approval, installation, testing, and inspection of materials, machinery, automation, pressure vessels, and piping for OSVs of at least 6,000 GT ITC (500 GRT if GT PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 ITC is not assigned) must comply with subchapter F of this chapter. (c) This part contains requirements for equipment and systems commonly found on an OSV. If additional or unique systems, such as for lowtemperature cargoes, are to be installed, they must comply with subchapter F of this chapter. ■ 42. Revise § 128.310 to read as follows: Fuel. (a) OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned). (1) Except as provided in paragraph (a)(2) of this section, each internalcombustion engine installed on an OSV of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned), whether for main propulsion or for auxiliaries, must be driven by a fuel having a flashpoint of not lower than 43° C (110° F) as determined by ASTM D 93 (incorporated by reference, see § 125.180). (2) The use of a fuel with a flashpoint of lower than 43° C (110° F) must be specifically approved by the Commandant (CG–ENG), except in an engine for a gasoline-powered rescue boat. (b) OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). (1) Except as provided by paragraph (b)(2) of this section, each internalcombustion engine installed on an OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned), whether for main propulsion or for auxiliaries, must be driven by a fuel having a flashpoint not lower than 60° C (140° F) as determined by ASTM D 93 (incorporated by reference, see § 125.180). (2) The use of a fuel with a flashpoint lower than 60° C (140° F) must be specifically approved by the Commandant (CG–ENG), except in an engine for a gasoline-powered rescue boat or emergency generator, or as provided in paragraph (b)(2) of this section. PART 129—ELECTRICAL INSTALLATIONS 43. The authority citation for part 129 is revised to read as follows: ■ Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 44. Revise § 129.110 to read as follows: ■ § 129.110 Applicability. (a) Electrical installations on OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with subchapter J of this chapter. E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations (b) Except as specifically provided in this subchapter, electrical installations on an OSV of less than 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with subchapter J of this chapter. ■ 45. Amend § 129.315 by revising the section heading and paragraph (a) to read as follows: § 129.315 Power sources for OSVs. (a) The requirements of this section apply to OSVs between 100 GRT and 500 GRT or less than 6,000 GT ITC instead of those in subpart 111.10 of this chapter. * * * * * ■ 46. Add § 129.570 to read as follows: mstockstill on DSK4VPTVN1PROD with RULES2 § 129.570 Overfill protection. (a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). (b) Each cargo oil tank with a capacity of 1,000 or more cubic meters (approximately 6,290 barrels) must have one overfill device that is permanently installed on each oil tank, with an intrinsically safe high-level alarm that meets the requirements of this section. (c) The high-level alarm and tank overfill alarm required by paragraph (b) of this section must— (1) Be independent of each other; (2) Alarm in the event of loss of power to the alarm system or failure of electrical circuitry to the tank level sensor; and (3) Be able to be checked at the tank for proper operation prior to each transfer or contain an electronic selftesting feature that monitors the condition of the alarm circuitry and sensor. (d) The high-level alarm required by paragraph (b) of this section must— (1) Alarm before the tank overfill alarm, but before the tank capacity goes below 95 percent; (2) Be appropriately marked at the indicator panel; and (3) Have audible and visible alarm indications that can be seen and heard on the vessel where oil transfer is controlled. (e) The tank overfill alarm required by paragraph (b) of this section must— (1) Be independent of the oil gauging system; (2) Alarm early enough to allow the person in charge of transfer operations to stop the transfer operation before the oil tank overflows; (3) Be appropriately marked at the indicator panel; and (4) Have audible and visible alarm indications that can be seen and heard on the vessel where oil transfer is controlled and in the cargo deck area. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS 47. The authority citation for part 130 is revised to read as follows: ■ Authority: 46 U.S.C. 3306; Department of Homeland Security Delegation No. 0170.1. Sections 130.140 and 130.400 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. § 130.140 [Amended] 48. In § 130.140(a) introductory text, remove the words ‘‘Each OSV of 100 or more gross tons’’ and add, in their place, the words ‘‘Except as provided in § 128.110 of this subchapter, each OSV of 100 GRT or more’’. ■ § 130.400 [Amended] 49. In § 130.400, remove the word ‘‘This’’ and add, in its place, the words ‘‘Except as provided in § 128.110 of this subchapter, this’’. ■ PART 131—OPERATIONS 50. The authority citation for part 131 is revised to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. Section 131.990 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. ■ 51. Add § 131.990 to read as follows: § 131.990 Maneuvering characteristics. This section applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). (a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet: (1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings. (2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder. (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds. (4) For each vessel with a controllable pitch propeller, a table of control settings or a representative range of speeds. (5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 48937 table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel. (b) The maneuvering information must be provided in the normal load and normal light condition with normal trim for a particular condition of loading, assuming the following: (1) Calm weather—wind 10 knots or less, calm sea. (2) No current. (3) Deep water conditions—water depth twice the vessel’s draft or more. (4) Clean hull. (c) At the bottom of the fact sheet, the following statement must appear: (1) Warning, the response of the [NAME OF THE VESSEL] may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied: (i) Calm weather—wind 10 knots or less, calm sea. (ii) No current. (iii) Deep water conditions—water depth twice the vessel’s draft or more. (iv) Clean hull. (v) Intermediate drafts or unusual trim. (d) The information on the fact sheet must be— (1) Verified 6 months after the vessel is placed into service; or (2) Modified 6 months after the vessel is placed into service and verified within 3 months thereafter. (e) The information that appears on the fact sheet may be obtained from— (1) Trial trip observations; (2) Model tests; (3) Analytical calculations; (4) Simulations; (5) Information established from another vessel of similar hull form, power, rudder and propeller; or (6) Any combination of the above. (f) The accuracy of the information on the fact sheet must be at a level comparable with that attainable by ordinary shipboard navigation equipment. (g) The requirements for information for fact sheets for specialized craft, such as semi-submersibles and other vessels of unusual design, will be specified on a case-by-case basis. PART 132—FIRE–PROTECTION EQUIPMENT 52. The authority citation for part 132 is revised to read as follows: ■ Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111–281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. 53. Amend § 132.100 by redesignating paragraph (d) as paragraph (e) and adding paragraph (d) to read as follows: ■ E:\FR\FM\18AUR2.SGM 18AUR2 48938 § 132.100 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations General. * * * * * (d) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must, in addition to complying with the requirements necessary to satisfy § 125.105(a) and (b) of this subchapter— (1) Have two fire pumps, each capable of delivering water simultaneously from the two highest outlets at a pitot tube pressure of approximately 75 p.s.i.; and (2) Have fire hoses and nozzles that comply with § 34.10–10 of this chapter. ■ 54. Add § 132.200 to subpart B to read as follows: § 132.200 General. (a) Except as provided by paragraph (b) of this section, each OSV must be equipped with portable and semiportable fire extinguishers that comply with this subpart. (b) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must, in addition to complying with the requirements necessary to satisfy § 125.105(a) and (b) of this subchapter, be equipped with the number and type of portable and semiportable fire extinguishers listed in § 34.50 of this chapter. ■ 55. Add § 132.365 to read as follows: mstockstill on DSK4VPTVN1PROD with RULES2 § 132.365 Emergency outfits. (a) Two emergency outfits, stored for use in widely separated, accessible locations, are required on all OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) that have cargo tanks that exceed 15 feet in depth, measured from the tank top to the lowest point at which cargo is carried. (b) Each emergency outfit must have on board the following equipment: (1) One pressure-demand, opencircuit, self-contained breathing apparatus, approved by the Mine Safety and Health Administration and by the National Institute for Occupational Safety and Health and having at a minimum a 30-minute air supply, a full facepiece, and a spare charge. (2) One lifeline with a belt or a suitable harness. (3) One Type II or Type III flashlight constructed and marked in accordance with ASTM F1014—02 (incorporated by reference, see § 125.180). (4) One fire axe. (5) One pair of boots and gloves of rubber or other electrically nonconducting material. (6) One rigid helmet that provides effective protection against impact. (7) One set of protective clothing of material that will protect the skin from the heat of fire and burns from scalding steam. The outer surface must be water resistant. VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 (c) Lifelines must be of steel or bronze wire rope. Steel wire rope must be either inherently corrosion resistant or made so by galvanizing or tinning. Each end must be fitted with a hook with keeper having a throat opening that can be readily slipped over a 5⁄8-inch bolt. The total length of the lifeline must be dependent upon the size and arrangement of the vessel, and more than one line may be hooked together to achieve the necessary length. No individual lifeline may be less than 50 feet in length. The assembled lifeline must have a minimum breaking strength of 1,500 pounds. ■ 56. Add § 132.390 to read as follows: § 132.390 Added requirements for carriage of flammable or combustible cargo. (a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned). (b) Cargo tanks containing flammable or combustible liquids must not be located beneath the accommodations or machinery space. Separation by cofferdams is not acceptable for meeting this requirement. (c) Except for OSVs complying with paragraph (d)(1) of this section, each OSV must carry at least two approved semiportable dry chemical fire extinguishers for the protection of all weather deck areas within 10 feet (3 m) of any tank openings, pumps, flanges, valves, vents, or loading manifolds. Each extinguisher must have— (1) A minimum capacity of 135 kg. If the protected area exceeds 90 m2, additional extinguishers must be provided to supply a total combined capacity of dry chemical in kilograms equal to the total combined protected area in square meters multiplied by 3; (2) A minimum flow rate of 3 kg/min from each discharge hose; (3) A sufficient number of discharge hoses of adequate length to protect the areas required above without moving any of the extinguishers; and (4) The frame or support for each semi-portable dry chemical fire extinguisher welded or otherwise permanently attached to the vessel’s structure. (d) Each OSV with fixed cargo tanks that have an aggregate capacity of 3,000 cubic meters or more intended for the carriage of flammable or combustible liquids with a closed-cup flashpoint of 60° C or below must have: (1) An approved fixed-deck foam system arranged as follows: (i) If the flammable or combustible liquid tanks extend vertically to the weather deck, the foam system must comply with §§ 34.20–10 and 34.20–15 of this chapter, and protect the entire PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 weather deck cargo area, including any tank openings, pumps, flanges, valves, vents, or loading manifolds. If petroleum products are carried, the minimum foam system discharge rate in liters per minute must be determined by multiplying the total cargo deck area by 6 lpm/m2. If polar solvent cargoes are carried, the minimum foam system discharge rate in liters per minute must be determined by multiplying the total cargo deck area by 10 lpm/m2, unless the approved foam system design manual specifies a different rate for the cargoes carried. (ii) If the flammable or combustible liquid tanks do not extend vertically to the weather deck, the foam system must be capable of protecting all weather deck areas within 10 feet (3 m) of any tank openings, pumps, flanges, valves, vents, or loading manifolds. The foam system must consist of at least one hoseline, and either fixed-foam monitors or fixed-foam nozzles that provide foam coverage of all required areas. The minimum foam system discharge rate must be calculated in accordance with paragraph (d)(1)(i) of this section, using the combined horizontal area of all parts of the deck requiring protection, instead of the total deck area. (iii) All foam liquid concentrate must be compatible with all flammable or combustible liquids carried. (iv) Sufficient foam liquid concentrate must be carried to allow operation of the system at its maximum discharge rate for at least 20 minutes. (2) A fixed-gas fire-suppression system complying with § 34.05–5(a)(4) of this chapter, or other approved fireextinguishing system determined acceptable by the Commandant, for the protection of any accessible below-deck cargo pump rooms or other spaces that have tank openings, pumps, flanges, valves, or loading manifolds associated with tanks carrying flammable or combustible liquids with a closed cup flashpoint of 60° C or below. PART 134—ADDED PROVISIONS FOR LIFTBOATS 57. The authority citation for part 134 is revised to read as follows: ■ Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security Delegation No. 0170.1. Section 134.100 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. 58. Revise § 134.100 to read as follows: ■ § 134.100 Applicability. (a) This part, as well as parts 125 through 133 of this subchapter, applies E:\FR\FM\18AUR2.SGM 18AUR2 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations to each liftboat of United States flag to which this subchapter applies. (b) The design, construction and operating standards for liftboats of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must be specially approved by Commandant (CG–5PS). PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES mstockstill on DSK4VPTVN1PROD with RULES2 VerDate Mar<15>2010 18:26 Aug 15, 2014 Jkt 232001 60. Revise § 174.180 to read as follows: ■ § 174.180 59. The authority citation for part 174 is revised to read as follows: ■ Authority: 42 U.S.C. 9118, 9119, 9153; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Section 174.180 also issued under sec. 617, Pub. L. 111–281, 124 Stat. 2905. 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter. Dated: July 28, 2014. Paul F. Zukunft, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 2014–18721 Filed 8–15–14; 8:45 am] BILLING CODE 9110–04–P Applicability. This subpart applies to OSVs except liftboats inspected under subchapter L of this chapter and OSVs of at least PO 00000 Frm 00047 Fmt 4701 Sfmt 9990 48939 E:\FR\FM\18AUR2.SGM 18AUR2

Agencies

[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48893-48939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18721]

[[Page 48893]]

Vol. 79

Monday,

No. 159

August 18, 2014

Part V

Department of Homeland Security

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Coast Guard

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46 CFR Parts 2, 15, 61, et al.

Offshore Supply Vessels of at Least 6,000 GT ITC; Final Rule

Federal Register / Vol. 79 , No. 159 / Monday, August 18, 2014 /
Rules and Regulations

[[Page 48894]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 15, 61, 62, 110, 111, 125, 126, 127, 128, 129, 130,
131, 132, 134, and 174

[Docket No. USCG-2012-0208]
RIN 1625-AB62

Offshore Supply Vessels of at Least 6,000 GT ITC

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard Authorization Act of 2010 (the Act) removed
the statutory size limit previously placed on offshore supply vessels
(OSVs), and required the Coast Guard to issue regulations to mitigate
the risk created as a result, noting the need ``to ensure the safe
carriage of oil, hazardous substances, and individuals in addition to
the crew'' on OSVs exceeding the previous size limit. In accordance
with the Act, the Coast Guard is issuing this interim rule to ensure
the safe carriage of oil, hazardous substances, and individuals other
than crew by requiring U.S.-flagged OSVs of at least 6,000 gross
tonnage as measured under the Convention Measurement System to comply
with existing regulatory requirements and international standards for
design, engineering, construction, operations and manning, inspections,
and certification. This rule also will affect any vessel of at least
500 gross register tons as measured under the Regulatory Measurement
System, if that vessel is not assigned a measurement under the
Convention Measurement System and the owner desires to have the vessel
certificated as an OSV. The Coast Guard intends to finalize this
interim rule after considering, and incorporating to the extent
appropriate, any comments from the public.

DATES: This interim rule is effective August 18, 2014. Comments on this
interim rule must be submitted to the online docket or received by the
Docket Management Facility by November 17, 2014. The Director of the
Federal Register has approved the incorporation by reference of certain
publications listed in this rule, effective August 18, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0208 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Viewing incorporation by reference material. You may inspect the
material incorporated by reference at room 5R20, U.S. Coast Guard
Headquarters, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
20593 between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-372-1360. Copies of the material
are available as indicated in the ``Incorporation by Reference''
section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Lieutenant Anne Besser, CG-ENG-1, Coast Guard, email
Anne.Besser@uscg.mil, telephone 202-372-1362. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
A. Submitting comments
B. Viewing comments and documents
C. Privacy Act
D. Public meeting
II. Abbreviations
III. Executive Summary
A. Purpose and authority
B. Overview of rule
C. Costs and benefits
IV. Regulatory History
V. Basis and Purpose
VI. Discussion of the Interim Rule
A. Amendments to 46 CFR part 125, ``General,'' addressing
applicability, and grandfathering of existing vessels
B. Amendments to 46 CFR part 125, ``General,'' clarifying
tonnage measurement
C. Amendments to 46 CFR part 125, ``General,'' addressing
certificates
D. Amendments to 46 CFR part 125, ``General,'' involving tank
protection for oil cargoes and oil fuel
E. Amendments to 46 CFR part 125, ``General,'' addressing
carriage of noxious liquid cargoes in bulk
F. Amendments to 46 CFR part 125, ``General,'' affecting
definitions
G. Amendments to 46 CFR part 126, ``Inspection and
Certification'', and 127, ``Construction and Arrangements'',
addressing carriage of more than 36 offshore workers
H. Amendments to 46 CFR part 127, ``Construction and
Arrangements''
I. Amendments to 46 CFR part 128, ``Marine Engineering:
Equipment and Systems''
J. Amendments to 46 CFR part 129, ``Electrical Installations''
K. Amendments to 46 CFR part 130, ``Vessel Control''
L. Amendments to 46 CFR part 131, ``Operations,'' addressing
vessel maneuvering
M. Amendments to 46 CFR part 132, ``Fire-protection Equipment''
N. Amendments to 46 CFR part 134, ``Added Provisions for
Liftboats''
O. Amendments to 46 CFR part 2, ``Vessel Inspections''
P. Amendments to 46 CFR part 15, ``Manning Requirements''
Q. Amendments to 46 CFR part 62, ``Vital System Automation,''
and related amendment to 46 CFR part 61, ``Periodic Tests and
Inspections''
R. Amendments to 46 CFR part 90, ``General Provisions'' for
Cargo and Miscellaneous Vessels
S. Amendments to 46 CFR part 110, ``General Provisions'' within
Subchapter J, ``Electrical Engineering''
T. Amendments to 46 CFR part 111, ``Electrical Systems--General
Requirements''
U. Amendments to 46 CFR part 174, Subpart G, ``Special Rules
Pertaining to Offshore Supply Vessels''
V. Amendments to Incorporation by Reference Sections, 46 CFR
parts 110 and 125
VII. Incorporation by Reference
VIII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment

I. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

[[Page 48895]]

A. Submitting Comments

If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0208), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
and insert ``USCG-2012-0208'' in the ``Search'' box. Click on ``Submit
a Comment'' in the ``Actions'' column. If you submit your comments 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 that 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 and may change this rule based on your comments.

B. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
insert ``USCG-2012-0208'' in the ``Search'' box and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.

C. Privacy Act

Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

We do not plan to hold a public meeting. But, you may submit a
request for one using one of the methods specified under ADDRESSES. In
your request, explain why you believe a public meeting would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Abbreviations

The Act The Coast Guard Authorization Act of 2010 (Pub. L. 111-281)
ACP Alternate Compliance Program
ANSI American National Standards Institute
API RP American Petroleum Institute Recommended Practice
ASTM ASTM International (formerly American Society for Testing and
Materials)
CFR Code of Federal Regulations
COI Certificate of Inspection
ExCB Ex Certification Body
FR Federal Register
GRT Gross register tons as measured under 46 U.S.C. 14502,
Regulatory Measurement System
GT ITC Gross tonnage as measured under 46 U.S.C. 14302, Convention
Measurement System
IBC Code International Code for the Construction and Equipment of
Ships Carrying Dangerous Chemicals in Bulk
ICLL International Convention on Load Lines, 1966, as amended
IEC International Electrotechnical Commission
IECEx IEC System for Certification to Standards Relating to
Equipment for use in Explosive Atmospheres
IMCA International Marine Contractors Association
IMO International Maritime Organization
MARPOL 73/78 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978
relating thereto
MISLE Marine Information for Safety and Law Enforcement
NAICS North American Industry Classification System
NEC National Electric Code
NFPA National Fire Protection Association
NLS Noxious liquid substances
NOSAC National Offshore Safety Advisory Committee
OCS Outer Continental Shelf
OCMI Officer in Charge, Marine Inspection
OICNW Officer in charge of the navigational watch
OSV Offshore supply vessel
Pub. L. Public Law
SBA Small Business Administration
STCW International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
STCW Code Seafarers' Training, Certification, and Watchkeeping Code
SOLAS International Convention for the Safety of Life at Sea, 1974,
as amended
U.S.C. United States Code

III. Executive Summary

A. Purpose and Authority

In late 2010, Congress removed the statutory size limit on offshore
supply vessels (OSVs) and directed the Coast Guard to issue regulations
``to ensure the safe carriage of oil, hazardous substances, and
individuals in addition to the crew'' on OSVs exceeding the previous
size limit, taking ``into consideration the characteristics of offshore
supply vessels, their methods of operation, and their service in
support of exploration, exploitation, or production of offshore mineral
or energy resources.'' As is explained below, developments in the U.S.
offshore industry created demand for larger OSVs than previously were
allowed, and safely increasing the size of OSVs requires modifications
to existing OSV regulations in order to address hazards associated with
larger vessels carrying more cargo and personnel. Accordingly, the
Coast Guard developed this interim rule to address safety and
environmental hazards associated with larger OSVs. This interim rule is
authorized and required by section 617 of the Coast Guard Authorization
Act of 2010 (Pub. L. 111-281) (the Act).

B. Overview of Rule

This interim rule only implements requirements for OSVs that exceed
the pre-Act size limit for OSVs and are contracted for after the
effective date of this rule (referred to in this document as ``large
OSVs''). It does not affect OSVs that predate this rule or that do not
meet the size threshold that defines large OSVs. In addition to
carrying out statutory requirements explicitly noted in section 617 of
the Act, such as statutory requirements for manning and oil spill
protection, this rule addresses Congress' direction to meet safety
needs by establishing design and operation standards for large OSVs. To
develop these standards, the Coast Guard first evaluated existing
requirements for OSVs (contained in 46 CFR subchapter L) to determine
whether they were adequate for ensuring safety on the new, larger OSVs.
Where not sufficient, the Coast Guard then used existing international
standards that these large OSVs are highly likely to meet in order to
compete on the international marketplace. For example, this rule
requires large OSVs to hold certain international certificates,
including Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS) and Convention for the Prevention of Pollution from Ships
(MARPOL 73/78)

[[Page 48896]]

certificates, even if the OSV is certificated to operate only in U.S.
waters. As discussed in more detail below, the safety requirements in
these international standards align with the increased risk associated
with large OSVs' capacity to carry cargo and passengers, and we also
consider it very likely that large OSVs will comply with these
international standards in order to engage in international commerce.
Where needed, the Coast Guard used other, existing domestic standards
for tank vessels and cargo vessels of similar size as these new, larger
OSVs. For example, this rule requires that large OSVs meet the marine
engineering requirements of 46 CFR subchapter F and the electrical
engineering requirements of 46 CFR subchapter J, without the exceptions
made for other OSVs, because of the increased capacity of large OSVs
and the corresponding increase in the potential consequences of an
incident involving a large OSV. Large OSVs require increased capacity
to carry larger volumes of oil-based materials and hazardous materials,
such as noxious liquid substances (NLS) used in drilling muds, which
increases the risk to the environment if spilled. Existing OSV
standards do not account for conditions found further offshore, such as
larger and higher wave amplitude, or the capacity to carry more
personnel. The additional requirements for large OSVs address safe
operations in these conditions, with more cargo and more personnel.
This rule allows a large OSV to carry more than 36 offshore workers
if the OSV meets stability, marine engineering, fire protection, and
lifesaving provisions set forth in this interim rule. Large OSVs are
capable of carrying more than the 36 offshore workers previously
allowed and conducting operations requiring more workers, and this
interim rule implements safety provisions intended to address the risk
associated with carrying more personnel.

C. Costs and Benefits

This rule is not economically significant. We anticipate this rule
will not result in additional costs to industry or government. Because
of the previous size limit on OSVs, there currently are no U.S.-flagged
vessels of at least 6,000 GT ITC or 500 GRT operating as OSVs and
certificated under subchapter L requirements. Consequently, this rule
will not directly impact any existing population of U.S.-flagged
vessels.
Furthermore, the interim rule is based upon existing regulatory and
technical standards from Titles 33 and 46 of the Code of Federal
Regulations (CFR). Where existing regulations and technical standards
do not account for the scale of operations of large OSVs, the Coast
Guard supplemented them with standards from the International Maritime
Organization (IMO) Conventions, and industry consensus engineering
standards.
Owners and operators would comply with these standards even in the
absence of this rule, in order to compete for international work.
Therefore, no additional costs will be incurred by industry in the
construction and the operation of a large U.S.-flagged OSV.
In addition to fulfilling Congressional direction to issue
regulations ``to ensure the safe carriage of oil, hazardous substances,
and individuals in addition to the crew,'' the interim rule will
standardize regulatory oversight by the Coast Guard. This is expected
to reduce the time necessary for the approval process since standards
will be transparent in regulation, which will lead to unquantifiable
cost savings to both industry and government.
Additionally, the OSVs to which this interim rule applies can carry
a large quantity of oil and hazardous material, as well as large
numbers of persons on board. In comparison to OSVs of less than 6,000
GT ITC, these large vessels have decreased maneuverability and
responsiveness due to the vessels' increased tonnage and length. These
vessels operate in a high-risk environment near offshore units and
other vessels, and a collision between a large OSV and an offshore unit
or another vessel could result in a significant disaster. This interim
rule provides a set of standards consistent with the risks and
consequences of large OSVs. The costs and benefits of this rule are
discussed in Section VIII.A. below and in the regulatory analysis
available in the docket.

IV. Regulatory History

The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to section 617(f) of the Act, which
directs the Secretary of the department in which the Coast Guard is
operating to issue an interim rule ``as soon as is practicable and
without regard to the provisions of chapters 5 and 6 of title 5, United
States Code.'' By the same authority, the Coast Guard is making this
interim rule effective immediately upon publication.
Although this interim rule is effective immediately, we invite
public comments on it. We will consider public comments when developing
a final rule that will supersede this interim rule, and we may make
changes in response to public comments on any part of this interim
rule.
In addition to revisions authorized by the Act, this rule makes a
limited number of administrative changes to improve the readability and
organization of the revised parts. These administrative changes include
the standardization of tonnage acronyms, the insertion of clarifying
language that was not necessary prior to this rule, the reorganization
of several parts to accommodate new language, and the replacement of
some terms with their functional equivalents. These administrative
changes only clarify existing text and the distinction between tonnage-
based requirements in place before and after the Act: they make no
substantive change to regulatory requirements. Therefore, the Coast
Guard finds good cause exists under 5 U.S.C. 553(b)(B) for forgoing a
notice of proposed rulemaking with respect to these administrative
changes, because the changes will have no substantive effect on the
public, and notice and comment are therefore unnecessary. For the same
reasons, the Coast Guard finds good cause under 5. U.S.C. 553(d)(3) to
make these administrative changes effective fewer than 30 days after
publication in the Federal Register.

V. Basis and Purpose

As defined by statute, an OSV is a motor vessel that regularly
carries goods, supplies, individuals in addition to the crew, or
equipment in support of exploration, exploitation, or production of
offshore mineral or energy resources (46 U.S.C. 2101(19)). OSVs may
support the construction of offshore energy facilities, or may
transport supplies and personnel to and from these facilities. OSVs
carry offshore goods and supplies, handle anchors and mooring
equipment, deliver excess fuel oil to oil production facilities, and
perform other support functions.
Until recently, statute limited the size of OSVs to less than 500
gross register tons (GRT) as measured under 46 U.S.C 14502, or an
alternate tonnage established as 6,000 gross tonnage as measured under
46 U.S.C. 14302 (GT ITC) (for background on the 6,000 GT ITC limit,
see: 46 U.S.C. 14104 and 14302; 61 FR 66613, December 18, 1996; and 76
FR 77129, December 12, 2011). Because of the statutory size limit on
OSVs, OSV regulations developed prior to the publication of this
interim rule--referred to in this preamble as ``pre-2014''
regulations--contemplated smaller vessels making short trips and
capable of carrying only limited amounts of cargo and numbers of

[[Page 48897]]

people. Therefore, those pre-2014 regulations for OSVs differ from
regulations put in place for other, larger types of vessels.
The U.S. offshore industry has become more complex over time,
however, creating a demand for larger, multi-purpose OSVs capable of
operating at greater distances from shore and for more extended
periods, using more advanced propulsion or machinery systems and
carrying more cargo and more people on board. In response, Congress
removed the size limit on OSVs (see section 617(a) of the Act) and made
other statutory changes to effectively create a subgroup of OSVs
distinguished by a tonnage assignment of at least 6,000 GT ITC (large
OSVs). For example, the Act made it possible for large OSVs to be
considered tank vessels (see section 617(a)(1)(B) of the Act) even
though OSVs of less than 500 GRT or 6,000 GT ITC are deemed not to be
tank vessels, and it specified oil fuel tank protection requirements
for OSVs of at least 6,000 GT ITC (see section 617(e) of the Act). The
Act also specified the number and qualifications of crew for large
OSVs, and specified the division of watches (see sections 617(b), (c),
and (d) of the Act).
As noted, the Coast Guard's pre-2014 OSV regulations were developed
for smaller vessels conducting limited operations. Removing the cap on
the size of OSVs requires additions to pre-2014 OSV regulations in
order to address hazards associated with larger vessels carrying more
cargo and personnel. Accordingly, Congress directed the Coast Guard to
issue regulations to implement the Act with respect to OSVs of at least
6,000 GT ITC and ``to ensure the safe carriage of oil, hazardous
substances, and individuals in addition to the crew on such vessels''
(section 617(f) of the Act). Congress also directed the Coast Guard to
``take into consideration the characteristics of OSVs, their methods of
operation, and their service in support of exploration, exploitation,
or production of offshore mineral or energy resources'' when developing
these regulations (section 617(f) of the Act).
In developing this interim rule, the Coast Guard has provided
necessary standards for the safe design, manning, and operation of
large OSVs. In some cases, this has required additional regulatory text
to maintain the distinction between pre-2014 regulations that may apply
to some or all OSVs, and regulations implemented by this interim rule
solely for large OSVs. After this rule is finalized, the Coast Guard
may initiate a separate, broader rulemaking to address issues common to
OSVs of all sizes.

VI. Discussion of the Interim Rule

This rule implements requirements for OSVs of at least 6,000 GT ITC
and, as explained below, may affect OSVs of at least 500 GRT that are
not assigned a GT ITC. Because of the previous size limit on OSVs,
there were no U.S.-flagged vessels of at least 6,000 GT ITC or 500 GRT
operating as OSVs when the Act was promulgated, and this rule only
applies to vessels contracted for or keels of which were laid after the
date of publication. Consequently, this rule will not directly impact
any existing population of U.S.-flagged vessels. The Coast Guard has
issued certificates of inspection for two vessels already delivered
pursuant to the interim certification provisions found in section
617(f)(3) of the Act, and we are aware that industry is considering
others. It is possible that owners of existing cargo vessels may seek
certification of these vessels as OSVs now that the statutory size
limit is removed: These are provided for in new applicability language
discussed below.
When developing these regulations, the Coast Guard looked first to
applying the pre-2014 OSV regulations or pre-existing regulations for
large vessels such as cargo and tank vessels. If these were not
appropriate for application to large OSVs because they do not account
for the scale of operations of large OSVs, we then looked to
international standards because these large, purpose-built OSVs are
likely to comply with such standards in order to engage in
international commerce. In limited cases we found international
standards needed to be supplemented either because the standard
required interpretation by the implementing nations, or needed
additional minimum standards to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew. In these
limited cases, the Coast Guard supplemented the international standards
without sacrificing the flexibility to operate internationally by using
other international standards or existing Coast Guard guidance.
This interim rule amends several subchapters of Title 46 of the
CFR. Most of the amendments are located in Subchapter L, which is
specific to OSVs and consists of Parts 125 through 134. Changes to
Parts 125 through 134 are discussed first in the preamble below, so as
to provide a foundation for explaining related changes located in other
subchapters. Following the discussion of Subchapter L, the preamble to
this rule addresses related amendments that apply to large OSVs but are
located elsewhere in Title 46, such as in Part 111 on electrical
systems. Changes to subchapters other than L are discussed in the order
they appear in the CFR.

A. Amendments to 46 CFR Part 125, ``General,'' Addressing
Applicability, and Grandfathering of Existing Vessels

Prior to this rule, the applicability section of Subchapter L
relied on a definition of ``offshore supply vessel (OSV)'' that limited
the size of OSVs in keeping with the statutory authority at the time
the section was written. As discussed above, the Act removed size
limits for OSVs from the underlying statute. In response to that
change, this interim rule removes the upper size limits from the
regulatory definition of OSV, and also creates a regulatory regime for
large OSVs without changing pre-2014 requirements for OSVs of less than
500 GRT or 6,000 GT ITC. These actions necessitate changes to Sec.
125.100, the applicability section of Subchapter L.
Section 125.100 paragraphs (b) and (c), which were put in place
prior to this interim rule and are not substantively changed by it,
provide for grandfathering of vessels contracted for, or the keels of
which were laid, prior to March 15, 1996, on the condition that those
vessels completed construction and obtained a Certificate of Inspection
(COI) within 2 years. This interim rule mimics that structure by adding
a paragraph for grandfathering of large OSVs contracted for, or the
keels of which were laid, prior to the date of publication of this
interim rule, with the same condition that vessels complete
construction and obtain a COI within 2 years.
This grandfathering structure is intended to capture two types of
vessels: Vessels certificated in accordance with section 617(f)(3) of
the Act; and vessels of at least 6,000 GT ITC that the Coast Guard does
not consider to have undergone conversion under the provisions of Sec.
125.100(e), which has been redesignated as paragraph (g) as discussed
later in this section. The Coast Guard expects that very few vessels
will qualify for grandfathering under this provision, and that most
large OSVs will comply with and be certificated under Subchapter L.
The Coast Guard considered postponing the grandfathering date until
3 or 6 months after the publication of the interim rule, as is common
when implementing new date-based regulations. In this case, however,
Congress directed the Coast Guard to implement the Act ``as soon as is

[[Page 48898]]

practicable'' and provided for an interim process by which large OSVs
could be certificated prior to the rule's publication. Postponing the
grandfathering date would only prolong the use of the interim process.
Therefore, the Coast Guard decided to use the date of publication as
the date for grandfathering provisions.
Because of the two paragraphs added to accommodate this
grandfathering structure for large OSVs, this interim rule redesignates
pre-2014 paragraphs (d) and (e) as (f) and (g), respectively. Both
paragraphs remain otherwise unchanged, except that in paragraph (g) we
have replaced the term ``major alteration'' with ``major conversion.''
In the specific context of Sec. 125.100, the Coast Guard has
consistently understood this phrase to be synonymous with ``major
conversion,'' which is a defined term in Sec. 125.160. A review of
past major conversion determinations conducted for OSVs since 1997
confirmed that the Coast Guard reads ``major alteration'' in Sec.
125.100 to mean ``major conversion,'' as that term is defined in
Subchapter L and 46 U.S.C. 2101(14a). For these reasons, replacing
``major alteration'' in Sec. 125.100 improves consistency and clarity,
is an administrative change without substantive effect as discussed in
Section IV of this preamble, and is effective upon publication.

B. Amendments to 46 CFR Part 125, ``General,'' Clarifying Tonnage
Measurement

This interim rule applies to OSVs of at least 6,000 GT ITC. OSVs
assigned a tonnage of less than 6,000 GT ITC, or of less than 500 GRT
when no GT ITC is assigned, are not covered by this interim rule; they
remain subject to the same regulations that applied prior to the Act
and this interim rule. This rule adds a new Sec. 125.103 called
``Tonnage Measurement'' to clarify tonnage applicability issues with
respect to OSVs that are assigned both a GT ITC and a GRT, as well as
to OSVs without a GT ITC assignment that are of at least 500 GRT and
therefore were prohibited from operating as OSVs prior to the Act.
Under the tonnage statute at 46 U.S.C. subtitle II, part J, U.S.-
flagged vessels are assigned tonnages under one of two measurement
systems, and in some cases vessels may be measured under both. Gross
tonnage assigned under the system of the International Convention on
Tonnage Measurement of Ships, 1969 (referred to in U.S. law as the
``Convention Measurement System'') is expressed as ``GT ITC,'' whereas
tonnage assigned under the older U.S. domestic measurement system
(referred to in U.S. law as the ``Regulatory Measurement System'') is
expressed as ``GRT.''
The Act does not discuss OSVs of at least 500 GRT without a GT ITC
assignment. Because the Act removed the upper tonnage limit on OSVs,
however, such a vessel could be certificated as an OSV if its tonnage
was at least 500 GRT, and it was not assigned a GT ITC. Without changes
to the terms of Subchapter L, such a vessel might not be subject to
many important regulations for the safe carriage of oil, hazardous
substances, and individuals in addition to the crew. The Coast Guard
does not believe Congress intended to create a category of OSVs not
previously permitted and not subject to the safety regulations
governing OSVs of the same size and conducting the same activities.
Therefore, the new Sec. 125.103(b) provides that an OSV of at least
500 GRT that is not assigned a GT ITC must comply with regulations for
OSVs of at least 6,000 GT ITC. This provision does not prevent a vessel
of at least 500 GRT from obtaining a GT ITC assignment and, if that
assignment is less than 6,000 GT ITC, complying with regulations
appropriate for vessels of less than 6,000 GT ITC.
Because a vessel's GRT can be lower than its GT ITC, this rule adds
new Sec. 125.103(a), which ensures that appropriate existing
regulations are applied to large OSVs by providing that the GT ITC
assignment must be used when applying tonnage-dependent regulations,
irrespective of the vessel's GRT assignment. This requirement
recognizes that a large OSV's increased capacity for cargo and
personnel, and ability to operate greater distances from shore for more
extended periods, carries the potential for higher-consequence
incidents and a corresponding need for safety and environmental
protection requirements. We do not believe Congress intended to permit
OSVs of at least 6,000 GT ITC to avoid meeting safety and environmental
protection regulations merely by shifting to the GRT system of
measurement.
The regulatory text added by this interim rule for large OSVs uses
the phrasing ``6,000 GT ITC (500 GRT if GT ITC is not assigned)'' to
ensure that the applicability of specific requirements throughout Title
46 of the CFR is clear. The pre-2014 regulatory text, however, uses the
term ``gross tons.'' After reviewing the history and common use of
these provisions in the specific context of Subchapter L, we concluded
that in each relevant instance this term refers to GRT, and that
vessels without an assigned GRT appropriately use their GT ITC to apply
provisions dependent on ``gross tons.'' Accordingly, we added new Sec.
125.103(c) to clarify this. Because this provision clarifies the
historical meaning and current use of the term ``gross tons'' in
Subchapter L, it is an administrative change without substantive effect
as discussed in Section IV of this preamble, does not require prior
notice and comment, and is effective upon publication. The Coast Guard
has initiated a separate rulemaking to standardize tonnage terms
throughout its regulations (see ``Tonnage Regulations Amendments;
Proposed Rule'' published at 79 FR 19420 on April 8, 2014).

C. Amendments to 46 CFR Part 125, ``General,'' Addressing Certificates

This interim rule adds a new Sec. 125.105 requiring that large
OSVs hold certain certificates indicating compliance with SOLAS and
MARPOL 73/78, even if the OSV is certificated to operate only in U.S.
waters. Specifically, large OSVs must maintain Cargo Ship Safety
Construction and Cargo Ship Safety Equipment certificates evidencing
that these OSVs meet the minimum standards to which cargo ships on
international voyages are held. They also must maintain a Safety
Management Certificate evidencing that the OSV owner or operator uses
an approved safety management system. In addition to these SOLAS
certificates, large OSVs must maintain International Oil Pollution
Prevention and International Air Pollution Prevention certificates,
which, respectively, demonstrate that the vessels have the means to
properly dispose of oils and control emissions.
Using these international standards for domestic voyages, rather
than a separate set of domestic standards, will create efficiencies and
promote a uniform standard. The cargo ship safety certificates and
safety management certificate already are required of all U.S. vessels
of 500 GRT or more on international voyages, including tankships and
miscellaneous non-freight vessels certificated under Subchapters D and
I. The pollution prevention certificates already are required of all
vessels of more than 400 GRT in the waters of nations signatory to
MARPOL 73/78, including the United States. We therefore anticipate that
the owners of most large OSVs subject to this rule would seek SOLAS and
MARPOL certificates voluntarily, either because they are required in
U.S. waters as discussed above or because they are necessary in order
to work overseas. We also believe that the safety requirements that
must be met in order to obtain these

[[Page 48899]]

certificates are appropriate to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew on such
vessels.
New Sec. 125.105 also requires large OSVs to obtain an
International Load Line Certificate, and the Coast Guard added a
paragraph to existing Sec. 125.140 specifying that each large OSV must
be assigned a load line in accordance with the International Convention
on Load Lines, 1966, as amended (ICLL). Current industry practice is to
build and operate most OSVs to ICLL standards, and the Coast Guard
believes that OSVs of at least 6,000 GT ITC are very likely to be built
to ICLL standards as well. The Coast Guard believes that requiring
international load lines, rather than a variation permitted for
domestic vessels under 46 CFR Subchapter E, will not present a
significant burden to the industry.
Separately, this rule adds to existing Sec. 125.150 in order to
align the requirements for lifesaving appliances on large OSVs with
SOLAS. It adds new paragraph (b) requiring large OSVs, including those
authorized to carry more than 36 offshore workers when not on an
international voyage (see Section VI.G. below), to comply with those
portions of 46 CFR part 199 that implement SOLAS lifesaving
requirements designed for cargo vessels. This rule makes no substantive
change to the existing requirement for OSVs of less than 6,000 GT ITC,
but redesignates it as Sec. 125.150(a) and adds language to that
paragraph clarifying the applicability.

D. Amendments to 46 CFR Part 125, ``General,'' Involving Tank
Protection for Oil Cargoes and Oil Fuel

The Coast Guard anticipates that OSVs of at least 6,000 GT ITC will
carry a greater volume of liquid cargoes than OSVs to date. The Coast
Guard believes that Congress intended to enable the carriage of larger
volumes of these liquids so as to better serve the changing offshore
industry. The Coast Guard also believes that the size and cargo
capacity of OSVs of at least 6,000 GT ITC create the potential for
significant environmental damage in the event of a spill or other
casualty, and that appropriate design and construction requirements
should therefore accompany this increased capacity.
Accordingly, this interim rule provides double hull requirements
for large OSVs carrying oil to align with other vessels of similar
capabilities and capacities. Specifically, this rule amends Sec.
125.110 to require that tanks authorized for carriage of cargo oil,
including drilling fluids containing oil, comply with double hull
requirements designed for tank vessels and found in 33 CFR 157.10d.
Applying tank vessel double hull requirements is appropriate in light
of the pollution risk that accompanies the large volumes of oil and
oil-based cargoes these OSVs may carry. In Sec. 125.110, we also
inserted a reference to new Sec. 125.125, discussed below, for other
flammable or combustible liquids carried on large OSVs.
In addition to protection for cargo tanks, this rule provides for
protection of oil fuel tanks as directed by the Act. Section 617(e) of
the Act requires that an OSV of at least 6,000 GT ITC, delivered after
August 1, 2010, or constructed under a contract entered into after
October 15, 2010, with an aggregate capacity of 600 cubic meters or
more of oil fuel, must comply with Regulation 12A (``Oil Fuel Tank
Protection'') of MARPOL Annex I, regardless of whether the OSV is
engaged in the coastwise trade or on an international voyage.
Regulation 12A requires vessels provide double hull protection for fuel
oil tanks, or demonstrate compliance with an accidental oil fuel
outflow performance standard. This rule adds a new Sec. 125.115 to
Title 46, to meet the requirements set forth in the Act.
Historically Coast Guard regulations have distinguished between oil
cargoes and excess fuel oil carried by OSVs. The new Sec. 125.115
maintains that distinction by specifying that a large OSV is not
subject to Subchapter D of Title 46, Chapter I (``Tank Vessels'') if
the OSV is only transferring excess fuel oil from its own fuel supply
tanks to an offshore drilling or production facility, is in the service
of oil exploitation, and is not a tankship as defined in Sec. 30.10-
67. This provision is in keeping with 46 U.S.C. 3702(b) as amended by
the Act, and preserves OSVs' historical ability to transfer excess fuel
oil without meeting tank vessel requirements. As described elsewhere in
this preamble, however, the Coast Guard has based certain other
requirements for large OSVs on tank vessel regulations where
appropriate.

E. Amendments to 46 CFR Part 125, ``General,'' Addressing Carriage of
Noxious Liquid Cargoes in Bulk

As discussed above, the Coast Guard expects large OSVs to carry
more, and more varied, liquid cargoes than OSVs of less than 6,000 GT
ITC. This rule adds a new Sec. 125.125 to Title 46, to help ensure the
safe carriage of NLS in bulk on OSVs of at least 6,000 GT ITC. Common
NLS carried on board OSVs include drilling fluids. Drilling fluids that
contain salt or chemicals are subject to MARPOL Annex II, which is
implemented in the United States via the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.) and which was revised, effective 2007,
to require vessels carrying listed NLS in bulk to comply with the
International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (IBC Code).
MARPOL Annex II recognizes, however, that the IBC Code is not
appropriate for all vessels. For certain vessels, including OSVs,
MARPOL Annex II provides that Flag Administrations may establish
appropriate measures to minimize the uncontrolled discharge of NLS into
the sea. For OSVs, recent amendments to MARPOL Annex II explain that
these appropriate measures should be based on IMO Resolution A.673(16),
which provides an alternative to the IBC Code. In 2010, the Coast Guard
issued guidance on implementing Resolution A.673(16) for new and
existing OSVs (CG-522 Policy Letter 09-01, Rev. 1, April 5, 2010) (due
to reorganization, CG-522 has been redesignated CG-OES). The new Sec.
125.125 integrates some of this guidance in regulation. It allows a
large OSV to carry NLS in bulk in its integral and fixed independent
tanks if the OSV holds either a valid Certificate of Fitness or a valid
International Pollution Prevention Certificate for the carriage of NLS
in bulk, issued pursuant to regulations implementing Resolution
A.673(16) at Sec. 125.125(b) through (f).
Of the paragraphs implementing Coast Guard guidance on Resolution
A.673(16), paragraphs (b) and (c) describe the types of NLS a large OSV
may carry, and the methods and conditions required for carriage.
Paragraphs (d) and (e) address the required Cargo Record book,
Shipboard Marine Pollution Emergency Plan, and Procedures and
Arrangements Manual. These documents already are required under MARPOL
Annex II, 33 CFR part 151, and 46 CFR part 153, but the new Sec.
125.125 permits the Procedures and Arrangements Manual to depart from
requirements found in MARPOL Annex II, Appendix 4, in the same ways
provided in the Coast Guard guidance on Resolution A.673(16).
Paragraphs (f) and (g) set forth requirements for transferring NLS to
and from a portable tank, which is otherwise authorized only by an
endorsement on the vessel's COI.
Although Sec. 125.120 already addresses the carriage of NLS for
OSVs of less than 6,000 GT ITC, the new Sec. 125.125 incorporates
recent amendments to MARPOL Annex II and recent guidance

[[Page 48900]]

issued specifically for OSVs. Implementing the Coast Guard's existing
guidance on Resolution A.673(16) creates flexibility for large OSVs and
facilitates operating overseas where they might otherwise be deemed to
be in violation of MARPOL Annex II.
Finally, this rule clarifies that pre-2014 Sec. 125.120 applies
only to the carriage of NLS in bulk by OSVs of less than 6,000 GT ITC.

F. Amendments to 46 CFR Part 125, ``General,'' Affecting Definitions

This interim rule revises the definition of ``offshore supply
vessel'' in Sec. 125.160 in accordance with the Act, by removing the
upper size limits previously placed on OSVs. Under the revised
definition, an OSV is defined by its propulsion method and activities,
and is more than 15 gross tons. The interim rule also adds definitions
of ``gross register tons (GRT)'' and ``gross tonnage ITC (GT ITC)'' as
these terms are explained above. Adding these terms is necessary in
order to insert regulations specific to OSVs of at least 6,000 GT ITC,
and to clarify the applicability of regulations to OSVs of at least 500
GRT if GT ITC is not assigned.
This interim rule does not affect the definition of liftboats. As
discussed later in this preamble, however, this interim rule requires
special approval of liftboats of at least 6,000 GT ITC.

G. Amendments to 46 CFR Parts 126, ``Inspection and Certification,''
and 127, ``Construction and Arrangements,'' Addressing Carriage of More
Than 36 Offshore Workers

OSVs carry personnel who work on, and in support of, offshore
energy facilities. Under pre-2014 regulations, OSVs could carry a
maximum of 36 offshore workers when not on an international voyage.
Removing the size limit on OSVs makes it possible for them to carry
more personnel, which is consistent with operations occurring farther
offshore as well as with more labor-intensive operations such as
platform and subsea construction. In order to safely carry more
personnel, however, OSVs must be designed and built to standards that
provide an adequate level of safety with respect to stability, marine
engineering, fire protection, and lifesaving considerations, and
personnel must be properly prepared to react to incidents such as fires
or collisions. This is because the larger number of people on board
increases the potential loss of life in the event of an incident. As we
discussed in our February 2012 request for comments on accommodation
vessels (77 FR 5039), the level of sea-going experience and vessel
familiarity may vary widely among those working offshore, and some
personnel could be expected to behave like passengers in an emergency.
We therefore look to design standards to provide an adequate level of
protection for offshore workers on large OSVs. The desired standard
should be flexible enough to be scaled according to the potential
consequence presented by the vessels' operational profile. After
considering several possible standards, including domestic and SOLAS
standards for passenger, cargo, and industrial vessels, the Coast Guard
concluded no acceptable option existed that addressed the appropriate
level of safety while maintaining the operational flexibility expected
by the offshore industry.
One of the standards the Coast Guard considered, but did not adopt,
was the IMO Code of Safety for Special Purpose Ships (SPS Code). The
SPS Code is an international standard for specialized vessels that
carry personnel who are specifically needed for the particular
operational duties of the ship and are carried in addition to those
persons required for normal navigation, engineering and maintenance of
the ship. Such personnel might include remotely operated vehicle
operators, anchor handling personnel, and other workers who are not
part of the navigational crew but who are necessary to the vessel's
mission. The SPS Code specifically contemplates that, because of the
nature of their work, these personnel are physically able and trained
in safety procedures, and therefore do not require the more stringent
protection that would be provided for a member of the general public on
a passenger ship of similar capacity. The design requirements set forth
in the SPS Code scale according to the number of personnel carried,
such that the standards for a vessel carrying 60 or fewer people are
less stringent than for a vessel carrying between 61 and 240 people. In
this way, the SPS Code provides flexibility for the many different
types and operational duties of vessels like large OSVs. The SPS Code
states, however, that it is not intended for ships transporting or
accommodating personnel other than those working on board. Given the
nature of the work these large OSVs are likely to pursue, we anticipate
that many, but not all, personnel on board would normally be working on
board; some may simply be transported to offshore work sites.
Therefore, directly adopting the SPS Code would not be appropriate.
Instead, this interim rule adds new Subpart F to Part 127 and
removes the constraint in existing Sec. 126.170 to allow an OSV of at
least 6,000 GT ITC to carry more than 36 offshore workers if the vessel
meets the new construction standard set forth there. The new Subpart F
aligns closely with the approach of the SPS Code, and takes the similar
position that vessels carrying few offshore workers may meet a cargo
vessel standard, while vessels authorized to carry large numbers of
offshore workers must meet a passenger vessel standard. The interim
rule sets thresholds such that vessels carrying fewer than 36 offshore
workers meet cargo vessel standards, while vessels authorized to carry
more than 240 total persons on board must meet a passenger vessel
standard. The bases for these thresholds change from number of offshore
workers to total persons on board to align with both pre-2014
regulations (36 offshore workers) and an internationally recognized
value (240 total persons). Vessels authorized to carry at least 36
offshore workers but no more than 240 total persons are required to
meet a hybrid set of requirements balanced between passenger and cargo
standards. In each of these cases, the selected standard is based upon
SOLAS rather than other domestic regulations, in keeping with the
widespread use of SOLAS in other portions of this rule. This is
intended to be more efficient, minimizing the number of references to
other sources. Furthermore, as noted elsewhere, given the international
nature of work for large OSVs, it is the Coast Guard's assessment that
they would voluntarily comply with these international requirements
even in the absence of this regulation.
The SPS Code permits a reduced amount of primary lifesaving
equipment (lifeboats) when the vessel meets the stricter passenger
vessel fire-protection provisions. On passenger vessels, critical
safety systems are designed such that they will remain operational for
the evacuation and discharge of the passengers for a relatively long
period of time--at least 3 hours. This permits a reduction in the
overall redundancy of the lifesaving systems. However, the operating
environment for large OSVs exposes them to hazards not commonly
encountered by passenger vessels and a similar reduction in redundancy,
or the lesser protection provided by liferafts instead of lifeboats, is
not justified on large OSVs. Therefore, this interim rule requires the
lifesaving equipment for large OSVs to comply with SOLAS cargo vessel
standards, and does not allow the reductions that may be permitted for
passenger or special purpose ships.
Because of the operational practices described above, the Coast
Guard

[[Page 48901]]

believes that the majority of personnel on an OSV of at least 6,000 GT
will work on board the vessel, operating specialized equipment and
performing functions such as anchor handling, diving operations and
support, well stimulation, and ROV operations and support. Existing 46
CFR 15.1105 requires that any person assigned shipboard duties must
receive basic training in accordance with the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers
(STCW). In addition, Subchapter L places requirements for safety
orientation, drills, and training on offshore workers in Sec. Sec.
131.320, 131.530, and 131.535. Further, Sec. 131.420 requires enough
trained persons aboard each survival craft to muster and assist
untrained persons.
However, notwithstanding these existing Subchapter L operations
requirements for drills and training of offshore workers, the Coast
Guard is considering appropriate standards for vessels providing
accommodation service (i.e., the supply of hotel-like services such as
dining, berthing, and access to recreational facilities) for personnel
who are not engaged in work aboard the vessel but are engaged in work
on a nearby drilling or production platform on the U.S. Outer
Continental Shelf (OCS). (See 77 FR 5039, February 1, 2012). In the
future, we may consider additional training requirements for personnel
who are not members of the crew and possibly other additional safety
standards for vessels that engage in accommodation service.

H. Amendments to 46 CFR Part 127, ``Construction and Arrangements''

This interim rule adds a new Sec. 127.200 to Title 46, specifying
that OSVs of at least 6,000 GT ITC must be classed by an authorized
classification society recognized under the provisions of 46 CFR part
8. Classification societies ensure that the vessel is built to and
complies with a set of design and construction standards. Meeting
classification society requirements is consistent with SOLAS Chapter
II-1, Regulation 3-1, and we expect that all large OSVs would be
classified even if not required by this rule. Requiring the use of an
authorized classification society, however, ensures that the
classification society requirements are developed by an organization
with adequate resources and experience.
This interim rule adds a new Sec. 127.225 setting forth structural
fire-protection standards based on SOLAS requirements for cargo ships
and existing U.S. regulations for tank vessels. SOLAS provides fire-
protection standards requiring the use of non-combustible materials
(Method IC), but as an alternative allows the use of sprinklers or
smoke detectors. The Coast Guard's longstanding view, as established by
regulation, is that the use of these alternatives in lieu of non-
combustible materials does not provide an adequate level of safety, and
the Coast Guard has advocated that non-combustible construction is
superior to reliance on sprinklers or smoke detectors since the fire on
board the cruise vessel Morro Castle on September 8, 1934, which caused
the deaths of 137 persons. The requirement in Sec. 127.225(a) limits
the options available to large OSVs to Method IC construction and is
consistent with existing U.S. regulations for other large vessels
(e.g., 46 CFR subchapters D, H, and I). Section 127.225 also provides
for approval of materials under current U.S. regulations, and applies
fire-protection standards based on standards applicable to tank
vessels. These provisions for large OSVs are in addition to the general
fire-protection provisions for all OSVs at Sec. 127.220.
Existing Sec. 127.230 requires OSVs to comply with special
stability requirements found in 46 CFR subchapter S, but large OSVs
must meet different stability requirements in order to obtain the SOLAS
certificates required in Sec. 125.105 and necessary to compete in the
international market. To avoid duplication between the two sets of
requirements, this rule adds a new paragraph (b) to existing Sec.
127.230 to exempt large OSVs from the domestic stability requirements.
Because there is no SOLAS damage stability requirement for cargo ships
less than 80 meters in length, we limited this exemption to large OSVs
of 80 meters or more in length. OSVs that are less than 80 meters in
length would continue to comply with the stability requirements in 46
CFR Subchapter S. Exempted large OSVs may choose to meet the
requirements in Subchapter S, so long as they also demonstrate
compliance with the SOLAS stability requirements.

I. Amendments to 46 CFR Part 128, ``Marine Engineering: Equipment and
Systems''

Existing Part 128 requires OSVs to comply with Subchapter F of
Title 46, Chapter I, titled ``Marine Engineering,'' but lists a number
of exceptions specific to OSVs, such as allowing certain piping systems
to meet less restrictive standards than those found in Subchapter F.
This interim rule makes no change to the requirements for OSVs of less
than 6,000 GT ITC, but it does not extend those same exceptions to
large OSVs. To accomplish these changes, this rule amends 46 CFR
128.110 by redesignating existing paragraph (b) as (c), without
otherwise changing it, and inserting a new paragraph (b) requiring
large OSVs to meet Subchapter F. It also makes minor conforming changes
to paragraph (a) to make clear that the pre-2014 provision of Part 128
continues to apply to OSVs of less than 6,000 GT ITC, without change.
The requirement to meet all of Subchapter F is the same as that for
cargo vessels under Subchapter I, and is appropriate for large vessels.
As a result of this requirement, pre-2014 exemptions in Part 128 do not
apply to large OSVs. In particular, this interim rule clarifies that
the fuel requirements for large OSVs should follow Subchapter F. To
accomplish this, the interim rule specifies that pre-2014 text of Sec.
128.310 applies to OSVs of less than 6,000 GT ITC, and then adds
provisions for large OSVs. The new provisions require that internal
combustion engines installed on large OSVs use fuel having a flashpoint
of at least 60[deg] C (140[deg] F). This requirement differs from the
rule for OSVs of less than 6,000 GT ITC, which requires fuel with a
flashpoint of at least 43[deg] C (110[deg] F), but it aligns with the
provisions of Subchapter F (see 46 CFR 58.01-10) and the requirements
found in SOLAS (see Chapter II-2, Part B). Using fuel with a higher
flashpoint is safer as well as consistent with SOLAS requirements for
travelling internationally, as is likely for these OSVs. The new
provisions of Sec. 128.310 do allow fuels with a lower flashpoint to
be used on gasoline-powered rescue boats and emergency generators, or
elsewhere with the Coast Guard's specific approval.

J. Amendments to 46 CFR Part 129, ``Electrical Installations''

Existing Part 129 requires OSVs to comply with Subchapter J of
Title 46, Chapter I, titled ``Electrical Engineering,'' but lists a
number of exceptions specific to OSVs. This interim rule makes no
substantive change to these limited requirements for OSVs of less than
6,000 GT ITC, but it does not extend those same exceptions to large
OSVs.
Because of the size and types of operation systems that will be
found onboard these large OSVs, the interim rule requires large OSVs to
meet all of Subchapter J, aligning it with requirements imposed on
similar cargo vessels under Subchapter I. For example, unlike OSVs of
less than 6,000 GT ITC, large OSVs must meet the

[[Page 48902]]

requirements of 46 CFR 111.10-7, which mandates electrical services
necessary to start the main propulsion plant from a dead ship
condition. Large OSVs must also meet 46 CFR subpart 112.20, Emergency
Systems Having a Temporary and a Final Emergency Power Source, which
requires an emergency power source and certain transfers of emergency
loads.
To accomplish this change, this rule amends Sec. 129.110 by
redesignating the existing text as paragraph (b), and adding a new
paragraph (a). This rule also makes a conforming change to Sec.
129.315(a) so that the section remains limited to OSVs of less than
6,000 GT ITC, as was the case before the Act removed the size limits on
OSVs.
This interim rule also adds new Sec. 129.570 to require that cargo
oil tanks on large OSVs be equipped with alarms to prevent oil spills
during cargo transfer. The alarms are intended to alert operators when
a cargo oil tank is becoming full, and again when tank overflow is
imminent. The new Sec. 129.570 is based on existing regulations for
tankships and is appropriate for large OSVs because of the volume of
oil these OSVs may carry.

K. Amendments to 46 CFR Part 130, ``Vessel Control''

To avoid contradictory requirements between existing Part 130 and
new marine engineering requirements for large OSVs, this rule makes
conforming changes to portions of Part 130 that previously had applied
to OSVs of 100 gross tons or more. Specifically, it modifies Sec. Sec.
130.140 and 130.400 with the phrase, ``Except as provided in Sec.
128.110.'' Section 128.110 directs large OSVs to comply with Subchapter
F, as discussed above, and therefore this language prevents large OSVs
from using Sec. Sec. 130.140 and 130.400 in lieu of Subchapter F. This
rule does not change the requirements already found in those sections
for OSVs that are of 100 gross tons or more, but less than 500 GRT or
6,000 GT ITC.

L. Amendments to 46 CFR Part 131, ``Operations,'' Addressing Vessel
Maneuvering

This interim rule adds new 46 CFR 131.990, which requires that
certain information about the OSV's maneuvering capabilities must be
displayed in the pilothouse for the use of vessel operators and pilots.
The information includes the time and distance necessary to stop the
OSV, and a warning about conditions that may alter the information
provided. Section 131.990 matches existing provisions that already
apply to other vessels of 1,600 gross tons or more, including cargo
vessels regulated under Subchapter I.

M. Amendments to 46 CFR Part 132, ``Fire-Protection Equipment''

This interim rule makes changes in Part 132 to address certain
areas not covered by SOLAS chapter II-2. Section 125.105 requires large
OSVs to comply with the SOLAS rules for cargo ships, including the
chapter II-2 fire-protection rules, but there are three areas where the
SOLAS rules do not include specific criteria for the approval of
equipment. This interim rule therefore adds three new sections to
clearly state the applicable U.S. requirements for: Fire pumps, fire
hoses, and nozzles (see new paragraph (d) in Sec. 132.100); portable
and semiportable fire extinguishers (see new Sec. 132.200); and
firefighter's protective clothing and personal safety equipment (see
new Sec. 132.365). The fire extinguishers and protective equipment
required by these new sections are the same as required on tankships.
These requirements are in addition to the pre-2014 fire-protection
requirements of Part 132, which continue to apply to other OSVs without
change as reiterated in Sec. 132.200(a). Requiring large OSVs to carry
fire-protection equipment similar to that on tankships reflects the
increased quantities of oil and other flammable liquids these large
OSVs may carry.
For the same reasons, this rule adds new Sec. 132.390 to ensure an
adequate level of fire protection for the greater quantities of
flammable or combustible liquids expected to be carried on large OSVs.
Except for OSVs fitted with a deck foam system, all large OSVs must
carry at least two 135-kg semi-portable dry chemical fire extinguishers
to mitigate the fire risk associated with a spill on the weather deck.
A deck foam system is necessary on large OSVs carrying larger
quantities of certain flammable and combustible liquids to address the
greater fire risk presented by these quantities. Therefore, for large
OSVs that carry 3,000 cubic meters or more of flammable or combustible
liquids with a flashpoint of 60 [deg]C (140[emsp14][deg]F) or below in
fixed tanks, this interim rule requires cargo area and cargo-pump room
fire-extinguishing systems similar to those required on tank vessels.
OSVs with this cargo carrying capacity must have a deck foam system
designed to tankship standards where the cargo tanks extend vertically
to the weather deck. The requirement to provide foam coverage for the
total deck area is intended to mitigate the fire risk associated with
spills taking into consideration the additional potential hazard of
cargo tank physical damage (e.g., explosion, dropped load) as well as
the possibility of spills from associated deck fittings such as pumps,
valves, and vents. If the cargo is carried in double bottom or other
tanks that do not extend to the weather deck, the foam system is only
required to protect weather deck areas within 10 feet (3 m) of
potential leak sources such as manifolds and vents, since it is
considered that in these cases the possibility of a large volume spill
covering the entire deck is less likely.
These OSVs also are required to have a fixed total flooding gas
fire extinguishing system designed to tankship standards for the
protection of any accessible below-deck cargo pump rooms or other
enclosed spaces that contain tank openings, pumps, flanges, valves,
loading manifolds, or other potential sources of leakage. The
regulation refers to accessible below-deck spaces because it is not
intended to require extinguishing systems in spaces not easily accessed
by the crew, such as cofferdams, where such leak points are unlikely to
be present.
Review of currently operating OSVs complying with Subchapter L
revealed that the great majority carry less than 3,000 cubic meters of
flammable or combustible liquids as cargo. To address the greater fire
risk presented by the carriage of larger quantities of flammable or
combustible liquids by larger OSVs, this interim rule requires
additional fire-protection measures compared to current Subchapter L
when volumes greater than 3,000 cubic meters of flammable or
combustible liquids are carried.

N. Amendments to 46 CFR Part 134, ``Added Provisions for Liftboats''

A liftboat is a subtype of OSV that has movable legs. The legs,
when resting on the sea floor, raise the hull above the sea to create a
platform from which work can be performed on another offshore
structure. Most liftboats are relatively small--usually less than 1,000
GT ITC--but the Coast Guard is aware of larger liftboats operating
overseas, and of some limited interest in developing U.S.-flagged
liftboats of at least 6,000 GT ITC.
The safe construction and operation of liftboats requires
consideration of unique factors, including leg strength and stability,
sea floor stability, vulnerability to wind, height of the hull above
the water, and the speed at which the hull is raised. The existing
regulations in Part 134 of Subchapter L were designed to address these
concerns but, because liftboats historically have been small, the Coast
Guard currently lacks data with which to evaluate the

[[Page 48903]]

safety of liftboats of 6,000 GT ITC or more. The Coast Guard also does
not believe that the purpose of the Act was to provide for extremely
large liftboats, because liftboats are a unique type of vessel and
generally do not undertake the cargo and personnel carriage that was
the focus of the Act.
Therefore, this interim rule provides that liftboats of 6,000 GT
ITC or more are permitted only on a case-by-case basis with the
approval of the Commandant. As the demand for and design requirements
of large liftboats becomes clearer, the Coast Guard will consider
developing a regulatory framework for them. We encourage the public to
submit information about larger liftboats; in particular, we request
information on the likelihood of liftboats reaching or exceeding 6,000
GT ITC, and on whether large liftboats should meet the requirements of
46 CFR subchapter I-A for mobile offshore drilling units (MODUs).

O. Amendments to 46 CFR Part 2, ``Vessel Inspections''

In 46 CFR 2.10-25, the Coast Guard revised the definition of
``offshore supply vessel'' by removing the upper size limit previously
found in paragraph (3) of that definition. Removing the upper size
limit is appropriate in light of the change made by the Act to the
underlying statutory authority, and brings large OSVs within the
existing Part 2 vessel inspection provisions. This rule makes no change
to vessels of 15 or fewer gross tons. The definition of OSV otherwise
remains unchanged, and the Coast Guard did not alter other sections of
Part 2 that mention OSVs.
The Coast Guard is aware of similar definitions in Parts 68 and
175, but found that these provisions were specific to particular groups
of OSVs and that it would be unnecessary to revise these definitions in
order to implement the Act.

P. Amendments to 46 CFR Part 15, ``Manning Requirements''

This rule implements manning requirements for large OSVs as
required by the Act.
Section 617(d) of the Act amended 46 U.S.C 8104 to permit the use
of two watches in certain circumstances, so long as the officers and
crew are ``in compliance with hours of service requirements (including
recording and recordkeeping of that service) as prescribed by the
Secretary.'' This interim rule revises 46 CFR 15.705 to reflect that
statutory requirement, and specifies that the individuals must be in
compliance with the work hours and rest period requirements found in 46
CFR 15.1111. We expect that vessels subject to this rule will seek
international certification and, as a result, be required to meet the
STCW Convention requirements implemented in 46 CFR Part 15, Subpart K,
including the hours of work hours and rest period requirements found in
46 CFR 15.1111.
Section 617(c) of the Act amended 46 U.S.C. 8301 to specify the
minimum number of licensed individuals required aboard OSVs. It
requires that an OSV of less than 500 GRT or 6,000 GT ITC have one
licensed mate on a voyage of less than 600 miles, and two licensed
mates on a voyage of at least 600 miles. It also requires that an OSV
of at least 6,000 GT ITC have two licensed mates on a voyage of less
than 600 miles, and three licensed mates on a voyage of at least 600
miles. This interim rule revises 46 CFR 15.810 to reflect the statutory
changes, while leaving in place the existing regulatory alternative for
vessels of less than 100 gross tons. Specifically, this interim rule
removes Sec. 15.810(b)(4), which had applied to OSVs of 100 gross tons
or more, and redesignates Sec. 15.810(b)(5) as (b)(4). The interim
rule then creates two new paragraphs: New paragraph (b)(5) for OSVs of
between 100 GRT and 500 GRT or 6,000 GT ITC, and new paragraph (b)(6)
for OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned).
These new paragraphs implement the manning requirements stated in
the Act. The interim rule uses the term ``credentialed'' rather than
``licensed'' because the Coast Guard now issues Merchant Mariner
Credentials (MMCs) rather than licenses. The term ``credentialed''
encompasses ``licensed'' as used in the Act, and includes any licensed
mate whose license will be replaced with an MMC after the license
expires. We anticipate that credentialed mates will keep watch, with
the Master and Chief Engineer occasionally standing in for high-
intensity operations or in the case of illness or fatigue. This view is
supported by the National Offshore Safety Advisory Committee (NOSAC)
report, ``Certifications and Standards for Large OSVs,'' dated April
18, 2008, and available in the docket. The master is distinct from the
mate in our existing regulations, and should not be counted as one of
the mates required on an OSV.
As was the case before the Act, the amended statute and the revised
regulations require more mates for vessels on longer voyages.
Previously, regulations had stated that a voyage includes the accrued
distance from port of departure to port of arrival and does not include
stops at offshore points. The Coast Guard has become aware, however,
that some readers misinterpret this provision to restart the voyage at
each offshore point. This is an incorrect reading of the current
language and undermines the purpose of the regulation, which is to
provide for more mates--and therefore, shorter watches and less
fatigue--on long voyages, even if those voyages include visits to
offshore points. Therefore, new Sec. 15.810(b)(6) for large OSVs
clarifies that a voyage includes the total accrued distance between
departing and arriving at a port.
Although the Coast Guard's understanding of ``voyage of less than
600 miles'' remains the same as explained above, the Coast Guard has
chosen not to change the language in paragraph (b)(5) in this interim
rule. Instead, the Coast Guard invites the public to submit information
on how it measures voyages under this provision and what, if anything,
would change as the result of a clarification similar to the one in
paragraph (b)(6). The Coast Guard is considering inserting the
clarification from paragraph (b)(6) into paragraph (b)(5) in the final
rule that will follow this interim rule, and public comments will
assist that decision.
Based on the NOSAC report, this rule modifies 46 CFR 15.825 to
specify that large OSVs approved for the use of automated systems must
carry at least one assistant engineer. The Coast Guard agrees with this
NOSAC recommendation because, as the size of the vessel increases, so
do the engineering demands. The increased number of engineering
components and the enhanced complexity of component technology make it
important to keep enough personnel on board to maintain those
components, and to respond to shipboard emergencies and equipment
failure. For these reasons, large vessels usually carry one or more
assistant engineers. The requirement that large OSVs carry an assistant
engineer is only a minimum standard and the operator should provide
additional engineers if necessary for safe vessel operation.
Additionally, the Officer in Charge, Marine Inspection (OCMI) may
continue to require more than one engineer under existing Sec.
15.825(c), which has been redesignated as paragraph (d).
The Coast Guard is aware that the Act necessitates other changes to
regulatory requirements for mariners, including requirements in 46 CFR
subchapter B governing mariner credentialing. We anticipate addressing
these changes in a separate rulemaking.

[[Page 48904]]

Q. Amendments to 46 CFR Part 62, ``Vital System Automation,'' and
Related Amendment to 46 CFR Part 61, ``Periodic Tests and Inspections''

Most large modern vessels use automated control and monitoring
systems to replace specific personnel or to reduce overall crew
requirements. The Coast Guard regulates and tests automated vital
systems to ensure that a vessel with automated systems is as safe as a
vessel under direct manual operator supervision. Coast Guard
regulations at 46 CFR part 62 address automation and already apply to
tank vessels and cargo vessels over 500 GRT as well as passenger
vessels over 100 GRT. Because of the hazards associated with larger
vessels carrying more cargo and personnel, the automated systems
regulations in Part 62 are appropriate for large OSVs. This interim
rule amends the applicability section of Part 62 to include large OSVs.
This interim rule also makes a related change to 46 CFR part 61,
which addresses testing of vital system automation. Within the text of
Part 61, this rule revises the last sentence of existing Sec. 61.40-
10(b) so that the Marine Safety Center, rather than Coast Guard
Headquarters (CG-ENG) approves other test techniques. This is an
administrative change with no substantive impact on the public and, as
discussed in Section IV of this preamble, the Coast Guard finds good
cause to make this change without prior notice and comment and without
delay.

R. Amendments to 46 CFR Part 90, ``General Provisions'' for Cargo and
Miscellaneous Vessels

46 CFR subchapter I provides regulations for cargo and
miscellaneous vessels. Prior to the creation of Subchapter L in the
1990s, OSVs were regulated under Subchapters I and T. Subchapter I
contains ``grandfathering'' language, matching that in Subchapter L,
that distinguishes between OSVs subject to Subchapter I and OSVs
subject to Subchapter L. (Subchapter T contains similar language, but
is specific to vessels of less than 100 gross tons and therefore not
affected by this rule.) This interim rule revises Sec. 90.05-20 in
Subchapter I to conform to Sec. 125.100 by inserting provisions for
large OSVs grandfathered under Sec. 125.100 as discussed above (i.e.,
large OSVs certificated under section 617(f)(3) of the Act and vessels
of at least 6,000 GT ITC that have not undergone a major conversion
under Sec. 125.100(e)). These vessels are subject to Subchapter I.
This rule makes similar changes to the definition of OSV at Sec.
90.10-40. The rule removes the upper size limits from paragraph (a), in
accordance with statutory changes made by the Act. In paragraph (b), it
adds a definition of ``existing'' large OSVs to which the
grandfathering provisions of Sec. 90.05-20 will apply, and in
paragraph (c), it adds a definition of ``new'' large OSVs that will be
subject to Subchapter L.
This interim rule also makes non-substantive changes to the
existing language of Sec. Sec. 90.05-20 and 90.10-40 to improve
clarity. For example, because the sections now discuss both GRT and GT
ITC measurements, this interim rule replaces the word ``tons'' with
``GRT'' and includes references to the appropriate definitions in
Subchapter L. These changes do not alter the requirements previously
applicable to OSVs of less than 500 GRT or 6,000 GT ITC. Because they
are non-substantive administrative changes made to improve clarity, the
Coast Guard finds that prior notice and comment is unnecessary, and
finds good cause to make these changes effective upon publication as
described in Section IV above.

S. Amendments to 46 CFR Part 110, ``General Provisions'' Within
Subchapter J, ``Electrical Engineering''

46 CFR part 110 includes the incorporation by reference and
definitions sections for the whole of Subchapter J, including Part 111.
Most of the changes this interim rule makes to Part 110 involve
incorporations by reference and new definitions applicable to
requirements found in Part 111 and discussed in detail below. The
definitions of note in Sec. 110.15-2 are those that explain the
hazardous location classifications used in new Subpart 111.106, which
is specific to hazardous locations on large OSVs. As explained in the
portion of the preamble below that discusses Subpart 111.106, this
interim rule provides for a choice of industry standards to apply in
hazardous locations, and each incorporated standard uses slightly
different terms to classify hazardous locations. The definitions in
Sec. 110.15-2 provide a standard frame of reference for readers who
may be using any of the incorporated standards.
This rule also adds a new paragraph (p) to Sec. 110.25-1, to
specify requirements for submitting plans for OSVs to which new Subpart
111.106 applies. Subpart 111.106 is discussed below. Section 110.25-
1(p) requires submission of plans that demonstrate the safe design of
potentially hazardous locations, particularly on OSVs carrying
flammable cargoes.

T. Amendments to 46 CFR Part 111, ``Electric Systems--General
Requirements''

The term ``hazardous location'' is broadly understood as an area
where flammable gasses, vapors, liquids, or other ignitable substances
may concentrate, resulting in a fire or explosion hazard. The Coast
Guard regulates hazardous locations on vessels to ensure that
electrical components are either absent from hazardous locations or, if
they must be present, are of a type that is unlikely to cause a fire or
explosion. Although Part 111 already contains a subpart on hazardous
locations, the Coast Guard has added provisions specific to large OSVs
to reflect current, widely accepted standards and to address the
hazards posed by large vessels potentially carrying flammable
substances and/or large numbers of people.
This rule creates new Sec. 111.05-20 to specify that large OSVs
designed to carry flammable or combustible liquid cargoes with closed-
cup flashpoints not exceeding 60 [deg]C (140 [deg]F), such as methanol,
may have a grounded distribution system only if the current does not
flow directly through any hazardous locations bounded by flammable or
combustible liquid cargo integral storage tanks. This provision is
intended to avoid the introduction of an electrical arc into a
hazardous location given the provisions for use of increased quantities
of flammable liquids on larger vessels.
This rule also creates new Subpart 111.106, ``Hazardous Locations
on OSVs,'' specifically for large OSVs. The Subpart provides a choice
of standards with which electrical installations must comply when they
cannot be placed outside hazardous locations, and testing and
certification requirements appropriate to each choice. Electrical
installations must comply with either National Electric Code (NEC)
standards or International Electrotechnical Commission (IEC) standards,
subject to certain testing requirements and, in the case of the IEC
option, substitution of U.S. requirements for certain provisions of the
international standard. This rule provides the flexibility to choose an
internationally accepted certification system that existing Subpart
111.105 does not provide.
With respect to U.S. industry standards, this rule allows hazardous
locations on large OSVs to comply with either of two classification
systems found in the NEC, also known as National Fire Protection
Association 70 (NFPA 70). Both of these systems classify hazardous
locations according

[[Page 48905]]

to likely presence of flammable substances. Hazardous locations may
comply with Articles 500 through 504 of NFPA 70, which classify areas
into three Classes, each containing two Divisions. These Articles set
forth requirements for the design, location, and required and
prohibited contents for each Division. Alternatively, hazardous
locations may comply with Article 505 of NFPA 70, which provides an
alternative system classifying areas into Zones. NFPA 70 contains
guidance on moving between the two systems. We use the term ``Class I,
Special Division 1'' to describe areas within Class I, Division 1,
under Article 501 that are equivalent to Zone 0 under Article 505. This
term is based on the American Petroleum Institute Recommended Practice
(API RP) 500.
Regardless of which portion of NFPA 70 is followed, this rule
requires that equipment be tested, and listed or certified, by an
independent laboratory. The Coast Guard generally requires third-party
testing for critical equipment, such as lifesaving and firefighting
equipment, and believes that safe certification for electrical systems
on large OSVs must include independent third-party certification. This
requirement is consistent with other regulatory agencies' approach to
electrical equipment in hazardous locations in other types of
facilities, such as refineries. In accordance with NFPA 70, this rule
provides a choice of standards against which the equipment may be
evaluated: For the Class and Division system set forth in Article 500,
the equipment may meet a selection of American National Standards
Institute (ANSI), Underwriters Laboratories, FM Approvals, and Canadian
Standards Association standards, while for the Zone system set forth in
Article 505 the equipment may meet certain standards from the ANSI/ISA
60079 series. Where any of these standards are used, certification
would be performed by an independent laboratory meeting 46 CFR part
159.\1\
---------------------------------------------------------------------------

\1\ The authority for current 46 CFR part 159 is 46 U.S.C. 3306,
which ``contains broad authority to prescribe regulations for proper
inspection and certification of vessels,'' House Report No. 98-338
(August 1, 1983), 1983 U.S.C.C.A.N. 924, 954-53, including the
specific requirement to prescribe regulations to carry out the
statutory requirements ``in the most effective manner,'' 46 U.S.C.
3306(a). The Coast Guard finds the use of independent laboratories
in the Coast Guard's approval process to be ``the most effective
manner'' of executing and carrying out its obligations under section
3306.
---------------------------------------------------------------------------

As an alternative to U.S. standards, and to provide regulatory
flexibility, this rule allows hazardous locations on large OSVs to
comply with the widely accepted international standard IEC 60092-502,
``Electrical installations in ships--Tankers--Special features.'' The
Coast Guard chartered a study by ABSG Consulting to evaluate IEC 60092-
502, and the 2010 report is available in the docket. The study modeled
gas dispersion from multiple scenarios with various vapor sources,
cargoes, and ventilation rates, and compared it to values provided in
the IEC standard. Overall, the study validated the IEC approach, with
certain exceptions, because it indicated that in most cases the
flammable vapors were well inside IEC Zone 1 areas. We therefore adopt
the IEC 60092-502 standard in this rule with some exceptions, which are
discussed in detail below. In general, we retained the zones defined by
IEC 60092-502 except where the study indicated that zones defined by
IEC 60092-502 might not be large enough, in which case we enlarged the
zones. Where the study implied that zone sizes may be reduced, we
retained the IEC 60092-502 zones to promote safety and compliance with
international standards.
The study indicated that for certain cargoes during cargo transfer,
flammable vapors from large-volume tank vents tended to sink to the
deck, forming a blanket extending beyond area boundaries that were
developed based only upon distance from the vent (i.e., boundaries
similar to existing Sec. 111.105-31(f) and IEC 60092-502 Regulation
4.2.2.7; see page 27 of the study). This was the case whether or not
ventilation was restricted. Based on this, we adopted the IEC 60092-502
regulation 4.2.2.11 requirements in this area, with the exception that
the hazardous location designation applies whether or not ventilation
is considered to be restricted. Similarly, for large-volume tank
outlets the study indicated that vapors tended to extend beyond the 6-
meter Zone 1 area of IEC 60092-502 Regulation 4.2.2.8, and we adopted
an 8-meter zone to account for this. These modifications appear in new
Sec. 111.106-9.
The study also suggested that the use of mechanical ventilation may
not be sufficiently effective in reducing flammable vapor concentration
down to safe levels in certain hazardous locations (see pages 30-33 and
53 of the study). We therefore did not adopt the portions of IEC 60092-
502 Regulation 4.1.4, Table 1, that allow enclosed spaces to be
reclassified based upon mechanical ventilation; instead, we inserted
new Sec. Sec. 111.106-13(b) and 111.106-15. Finally, the study
consistently indicated the presence of ignitable vapors in the
immediate proximity of certain vapor release point sources, a finding
that is consistent with API RP 505 standards (see API RP 505 6.5.5). We
therefore adopted zone 0 areas similar to those found in API RP 505.
In some cases, the study indicated that certain Zone 1 areas may be
reduced. For the reasons discussed above, this rule does not reduce the
areas, but the Coast Guard is interested in receiving public comments
on whether these zone requirements should be reduced. For example,
because modeling indicated that gasses extended no further than 0.5
meters above the deck, a height of 2.4 meters for Zone 1 as described
in IEC 60092-502 Regulation 4.2.2.11 may be larger than necessary. For
certain vapor sources where a failure (e.g., failure of a valve or
flange) is required for vapor release, it may be reasonable to reduce
the size of the Zone 1 hazardous location for these vapor sources. We
welcome public comment on this topic. For other vapor sources (e.g.,
vents) where vapor is likely to be present without a failure, however,
we do not believe it is reasonable to reduce the Zone 1 sizes.
As with the domestic standards, electrical installations in
compliance with IEC 60092-502 must be tested and approved or certified
by an independent authority. For vessels designed to compete on the
international market or built in foreign shipyards, in this rule the
Coast Guard adopts the international certification system, IECEx
(Certification to Standards Relating to Equipment for use in Explosive
Atmospheres), a certification system that is based on full testing to
the IEC 60079 series of standards. The IECEx system ensures testing of
equipment by a competent authority other than the manufacturer.
Approval under the IECEx system involves an Ex Certification Body
(ExCB) and an Ex Testing Laboratory that have been accepted into the
IECEx system after meeting competence requirements found in the
International Organization for Standardization ISO/IEC Standard 17025
and related IECEx procedures. The Ex Testing Laboratory tests the
covered equipment to determine whether it meets IECEx system standards,
and drafts an IECEx Test Report to document the test results. The ExCB
reviews the manufacturing quality assurance process and issues an IECEx
Quality Assessment Report. Based on these reports, the ExCB may then
issue an IECEx Certificate of Conformity for the equipment.
The Coast Guard considered allowing certification of electrical
equipment under the Directive on Equipment and Protective Systems
Intended for use in Potentially Explosive Atmospheres (94/9/EC) (``ATEX
directive''), which is used

[[Page 48906]]

in Europe and is harmonized with the IECEx system, but chose not to do
so because the ATEX directive does not guarantee testing by a competent
authority other than the manufacturer. ATEX is a part of a series of
European laws, the EC Directives, which are applicable to the European
Economic Area member states. The ATEX directive contains Essential
Health and Safety Requirements for products applied in hazardous areas,
instead of restrictive references to standards. The ATEX Directive
allows all kinds of standards to be used. When the harmonized standards
are used, it provides the presumption of conformity with the Essential
Health and Safety Requirements. Use of the IEC 60079 series is provided
for already in existing Subpart 111.105; currently, when the Coast
Guard discovers ATEX equipment or components installed on U.S.
inspected vessels, it requires that this equipment be replaced or
proven through testing to comply with IEC standards. In some cases, the
laboratory that certified the equipment under the ATEX directive has
found that additional tests are necessary to re-certify the equipment
under the IECEx system. This demonstrates that, although these
standards are harmonized, there is a possibility that equipment
certified under the ATEX directives is not safe for the intended use.
In addition, most IMO conventions for seagoing vessels refer to IEC
series standards.
For protections not covered by the standards discussed above, this
interim rule incorporates existing requirements for other large
vessels. For example, Sec. 111.106-3 contains submerged pump motor
requirements based on existing Subpart 111.105 and tank barge
regulations, and cargo tank separation and cargo piping requirements
based on fire-protection provisions for tank vessels. It also
incorporates ASTM F2876-10, ``Standard Practice for Thermal Rating and
Installation of Internal Combustion Engine Packages for Use in
Hazardous Locations in Marine Applications,'' to address the growing
use of engines with electronic controls that could cause arcing or
sparking in a hazardous area.
This rule provides flexibility by allowing cable and wiring to
comply with a selection of international and domestic standards. It
also adopts existing domestic rules for tank vessels that have glands
or pressure seals on the gastight bulkhead between machinery spaces and
hazardous locations. In new Sec. 111.106-15, this rule adopts portions
of IEC 60092-502, Clause 8, as well as existing gas carrier rules at 46
CFR 154.1205 with respect to air changes and related ventilation
requirements. This rule also addresses the prevention of static build-
up in cargo tanks and piping by requiring electrical bonding in
accordance with Sec. 153.461 for flammable or combustible cargoes.
The regulations in Subpart 111.106 are similar to regulations the
Coast Guard has proposed in a separate rulemaking project regarding
electrical equipment in hazardous locations on board foreign Mobile
Offshore Drilling Units (MODUs), floating OCS facilities, and vessels
that engage in OCS activities, excluding OSVs (78 FR 37760). Although
the regulations are very similar because the Coast Guard's overall
policy and safety concerns are the same, neither rulemaking project is
intended to conflict with or modify the other. The proposed rule on
hazardous locations affects a different group of vessels and
facilities, not large OSVs.

U. Amendments to 46 CFR Part 174, Subpart G, ``Special Rules Pertaining
to Offshore Supply Vessels''

As discussed above, this interim rule revises Sec. 127.230 to
exempt large OSVs from Part 174, Subpart G, because large OSVs must
instead meet SOLAS requirements for stability. Therefore this rule
modifies Sec. 174.180, which is the applicability provision of Subpart
G, to clarify that large OSVs need not meet Subpart G.

V. Amendments to Incorporation by Reference Sections, 46 CFR Parts 110
and 125

Many of the substantive changes discussed earlier in this preamble
involve industry standards or other published material that this
interim rule incorporates by reference. Incorporating these industry
standards ensures that our regulations are based on the consensus of
experts in the field, and increases the likelihood they are compatible
with established best practices and international standards. When Coast
Guard regulations require compliance with the provisions of these
standards, the provisions should be read as mandatory regulatory
requirements even if the standard development organization has used
advisory or recommendatory language.
The incorporated standards are listed in existing centralized
incorporation by reference sections at 46 CFR 110.10-1 and 125.180. In
addition to incorporating new material necessary to the substance of
the rule, this rule reformats the existing incorporation by reference
sections for consistency with Office of the Federal Register drafting
guidelines, and provides updated publisher contact information. This
interim rule does not remove, replace, or otherwise affect any material
previously incorporated by reference. Because reformatting and the
addition of publisher contact information are administrative changes
with no substantive effect on the public, the Coast Guard finds good
cause to make these changes effective immediately and without prior
notice and comment, as described in Section IV of this preamble.

VII. Incorporation by Reference

The Director of the Federal Register has approved the material in
46 CFR 110.10-1 and 125.180 for incorporation by reference under 5
U.S.C. 552 and 1 CFR part 51. You may inspect this material at U.S.
Coast Guard Headquarters where indicated under ADDRESSES. Copies of the
material are available from the sources listed in 46 CFR 110.10-1 and
125.180.

VIII. Regulatory Analyses

We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below, we summarize our
analyses based on these statutes and executive orders.

A. Regulatory Planning and Review

Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This interim rule has been designated a
``significant regulatory action,'' although not an economically
significant regulatory action, under section 3(f) of Executive Order
12866. Accordingly, the interim rule has been reviewed by the Office of
Management and Budget. A preliminary Regulatory Analysis (RA) is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
Pre-2010 Authorization Act Baseline
Prior to the Authorization Act, owners wishing to build and operate
OSVs were subject to a pre-existing system of regulations and
standards. For example,

[[Page 48907]]

OSVs had to comply with Subchapter L requirements, including:
Design plan review and approval
Initial inspection and certification process
Design standards
Operating requirements, including manning
Limitation on the size of OSVs (not greater than 6,000 GT
ITC).
However, as the OSV industry has become more heterogeneous, it has
started to develop more size-specific standards and rules, particularly
those focused on larger vessels--as opposed to the homogenous set of
requirements currently required of all OSVs by the Coast Guard. This
interim rule will update current regulations to account for this
heterogeneity among OSVs. These size-specific standards have been
adopted by international organizations and classification societies.
Although the U.S. Coast Guard has never required OSVs to comply
with international standards as a flag state in the past, prospective
vessel owners and operators who wished to perform international work
are required by international law to comply with international
standards such as SOLAS, MARPOL, and ICLL. Because of the nature of OSV
work, with contracts lasting a few months to a few years, owners and
operators of larger OSVs have designed and constructed their vessels
with the ``intent of being able to operate in nearly all major oil and
gas producing regions of the world'' (i.e., the U.S. Gulf of Mexico,
the Persian/Arabian Gulf, West Africa, and Brazil) in order to ensure
that the vessel is able to mobilize immediately to a new region
following the completion of its current contract.\2\ Compliance with
some international standards is also required for participation in
Coast Guard's Alternate Compliance Program (ACP).\3\ Based on the Coast
Guard's MISLE database, our research indicates that all existing U.S.-
flagged OSVs greater than 3,000 GT ITC have complied with these
international standards, and we expect that this trend will continue
with OSVs larger than 6,000 GT as well. All of the OSVs greater than
6,000 GT that have been built under the interim process have also
voluntarily sought these international certificates.
---------------------------------------------------------------------------

\2\ Tidewater, Inc. ``Setting the Pace: 2013 Tidewater Annual
Report.'' http://phx.corporate-ir.net/phoenix.zhtml?c=81406&p=irol-reportsannual.
\3\ The ACP is a voluntary program in which Classification
Society Rules, International Conventions, and an approved U.S.
Supplement provide an alternative that is equivalent to Title 46,
Code of Federal Regulations (CFR).
---------------------------------------------------------------------------

Similarly, for insurance and other market-driven reasons, owners of
OSVs are complying voluntarily with Classification Society standards.
Based on Coast Guard's MISLE database, all OSVs in the 3,000 to 6,000
GT ITC range have voluntarily been classed by an approved
Classification Society. All of the OSVs greater than 6,000 GT that have
been built under the interim process have also voluntarily been
classed.
Recent practice shows that some owners of large OSVs elect to
pursue multiple certifications under other subchapters to provide
flexibility to match client needs and to maximize revenue generation
potential. For example, OSVs have been certificated under, and
therefore have to comply with the requirements in, subchapters I, D,
and O to act as petroleum and chemical tankers in addition to acting as
supply vessels.\4\ With this rulemaking, ship owners and operators will
have specific standards in Subchapter L to address the design,
construction, and operation of these larger vessels that can perform
multiple services, thereby no longer needing to get certificated under
multiple subchapters in order to perform multipurpose work. These
standards primarily align with existing Coast Guard regulations, as
well as with international requirements that ship owners and operators
would likely comply with anyway to safely meet energy market demands
and pursue offshore energy ventures that are farther offshore and in
deep waters.
---------------------------------------------------------------------------

\4\ 2013 Proxy Material and 2012 Annual Report http://ir.hornbeckoffshore.com/phoenix.zhtml?c=132245&p=irol-reportsannual.
---------------------------------------------------------------------------

2010 Authorization Act Requirements
In the Coast Guard Authorization Act of 2010, Congress removed the
size limit on OSVs and directed the Coast Guard to implement
regulations for OSVs of at least 6,000 gross tonnage as defined by the
International Convention on Tonnage Measurement of Ships 1969 (6,000 GT
ITC). Congress also directed the Coast Guard to issue regulations to
implement the Act and ``to ensure the safe carriage of oil, hazardous
substances, and individuals in addition to the crew on such vessels''
(see section 617(f) of the Act).
In addition to removing the size limit, Congress also specified
requirements in three areas for OSVs greater than 6,000 GT ITC:
Oil fuel tank protection;
The number and qualification of crew; and
Division of watches.
These additional requirements provide enhanced levels of
environmental protection and safety, which is needed as a result of
large OSVs carrying a larger quantity of oil and hazardous material, as
well as a larger number of persons on board. Because these expanded
services are more typically provided by tank and cargo vessels, the
Coast Guard has based its enhanced requirements on existing provisions
in Subchapters I, O, and D. Through doing so, we expect no additional
cost impacts, because OSVs would already be required under the existing
regulatory regime to comply with these additional Subchapters if they
wished to provide the additional services governed by those
Subchapters.
Interim Process
Following the passage of the Act, a new interim process was
established, which allows the construction of vessels of at least 6,000
GT ITC to be certificated as large OSVs on a case-by-case basis. Under
this case-by-case process, large OSVs would be approved under the
existing regulatory structure, whereby the vessel would be required to
meet existing Coast Guard regulations applicable to smaller U.S.-
flagged OSVs, and, in cases in which the vessel wished to provide dual
services (such as also acting as a tanker or cargo vessel), the vessel
would also be required to meet the applicable existing regulations for
those vessel types. Under the interim process thus far, prospective
vessel owners and operators voluntarily agreed during the design basis
stage of the interim process to meet the interational standards
required for international work (SOLAS, MARPOL, and ICLL) and class
standards. As noted previously, 100 percent of existing OSVs in the
3,000-6,000 GT range have voluntarily complied with these international
requirements so as to be able to compete for work on the international
market.
Need for Federal Regulatory Action
The interim rule is needed for several reasons. Primarily, this
interim rule allows the Coast Guard to fulfill Congress' direction to
issue an interim rule ``as soon as is practicable'' to implement the
2010 Authorization Act. The interim rule also codifies existing current
industry practices of larger OSVs (from 3,000 GT ITC to 6,000 GT ITC)
in areas such as compliance with international standards and
classification. The interim rule helps to ensure the safe carriage of
oil, hazardous substances, and individuals in addition to the crew on
OSVs of at least 6,000 GT ITC by specifying requirements that reflect
the operating characteristics of larger OSVs.
Further, as a result of this rulemaking, ship owners and operators
will have

[[Page 48908]]

specific standards in Subchapter L to address the design, construction,
and operation of these larger vessels, thereby no longer needing to get
certificated under multiple subchapters in order to perform
multipurpose work. These standards primarily align with existing Coast
Guard regulations, as well as with international requirements that ship
owners and operators would likely comply with anyway to safely meet
energy market demands and pursue offshore energy ventures that are
farther offshore and in deep waters.
In comparison with the interim process, the interim rule eliminates
the regulatory uncertainty and inefficiencies that the current case-by-
case process inherently produced for both industry and government.
Instead of going through a lengthy case-by-case review, this interim
rule will provide specific standards in subchapter L for owners and
operators to meet when designing and constructing a large OSV and will
establish a standardized regulatory oversight process for government
officials. In addition to improving efficiency, the interim rule will
improve transparency, as the standards that Coast Guard applies will be
publicly available and subject to public comment before finalization.
Affected Population
Currently, the portion of the global OSV market served by OSVs of
at least 6,000 GT ITC is largely captured by non-U.S. vessels as shown
in Table 1 below, given past statutory restrictions on OSV size and
uncertainties regarding the interim process.\5\ The table identifies
domestic firms' share of the OSV market for the 1,001 through 6,000
gross tonnage ranges, in which U.S.-flagged OSVs account for
approximately 10 percent of the world fleet. This interim rule will
open the markets served by OSVs of at least 6,000 GT ITC to domestic
entities.
---------------------------------------------------------------------------

\5\ There exist two U.S.-flagged vessels of at least 6,000 GT
ITC currently operating in U.S. waters. These vessels have been
certificated under the interim process created by section 617(f)(3)
of the Act as large OSVs that meet subchapter I and additional
requirements from design basis agreements.

Table 1--Existing U.S.- and Foreign-Flagged OSVs by GT ITC Tonnage Operating in U.S. and International Waters
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,001-1,600 1,601-3,000 3,001-5,000 5,001-6,000 6,001-10,000 10,000+ Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S.\6\............................................... 107 157 58 9 1 1 333
Foreign \7\........................................... 975 1,331 401 40 111 52 2,910
-------------------------------------------------------------------------------------------------
Total............................................. 1,082 1,488 459 49 112 53 3,243
U.S. Percent of Fleet................................. 10 11 13 18 1 2 10%
--------------------------------------------------------------------------------------------------------------------------------------------------------

The offshore energy market has experienced increased demand for
high endurance operations required for deepwater exploration far
offshore. ``Since the first major deepwater leasing boom in 1995 and
1996, a sustained and robust expansion of deepwater drilling activity
has occurred, largely enabled by major advances in drilling technology.
In 2001, U.S. deepwater offshore oil production surpassed shallow water
offshore oil production for the first time. By 2009, 80 percent of
offshore oil production and 45 percent of natural gas production
occurred in water depths in excess of 1,000 feet, and industry had
drilled nearly 4,000 wells to those depths.'' \8\ This trend toward
exploration in deep water and farther offshore necessitates larger OSVs
that can haul more offshore workers, excess fuel, drill string, and
mud. Further, it requires OSVs that are better equipped to handle
platform support and construction, subsea construction and pipelaying,
diving support, as well as towing of rigs and well stimulation. OSVs
under 6,000 GT ITC do not have the capacity to meet these additional
capabilities farther offshore, and as a result, industry is turning to
OSVs of at least 6,000 GT ITC to fill these needs. ``The demand for
large [platform supply vessels, which are a type of OSV] with dynamic
positioning has outpaced the supply of vessels for most of 2012. New
deliveries and [OSVs] mobilizing back to the U.S. Gulf [of Mexico] have
been unable to keep up with demand, forcing drilling operators to
supplement smaller vessels, which are readily available. While these
smaller vessels may be adequate, they are not optimal for deepwater
support work.'' \9\
---------------------------------------------------------------------------

\6\ Data on U.S.-flagged vessels was derived from Marine
Information for Safety and Law Enforcement (MISLE) on October 25,
2013.
\7\ Data on foreign-flagged vessels operating global was
obtained from Clarkson Research's Offshore Vessel Register on
December 9, 2011.
\8\ Department of the Interior, ``Increased Safety Measures for
Energy Development on the Outer Continental Shelf,'' May 27, 2010,
pages 3-4. (http://www.doi.gov/deepwaterhorizon/loader.cfm?csModule=security/getfile&PageID=33598).
\9\ Marcon International, Inc. ``Fall 2012 Newsletter--Offshore
Supply Vessels in the Gulf of Mexico.'' http://www.marcon.com/index.cfm?SectionListsID=49&PageID=2461.
---------------------------------------------------------------------------

The Coast Guard anticipates that domestic entities would like to
capture some of this market, as evidenced by the construction of two,
and the design basis application and approval for an additional four,
U.S.-flagged vessels of at least 6,000 GT ITC. This interim rule would
permit U.S.-flagged vessels of at least 6,000 GT ITC to be certificated
as OSVs under subchapter L standards, which would allow U.S. firms to
benefit from access to this increased demand.
While the Coast Guard is unable to forecast with certainty the
number of U.S.-flagged OSVs of at least 6,000 GT ITC that may be built
to meet the increasing demand for larger OSVs, the number of vessels
constructed or seeking approval under the interim process found in
section 617(f)(3) of the Act may provide some insight. In 2013, four
vessels sought approval under this process, while two vessels have
already been constructed.
Furthermore, the Coast Guard anticipates that this new population
of OSVs will follow a growth pattern similar to that of OSVs greater
than 3,000 GT ITC but less than 6,000 GT ITC since this was the extent
of larger sized U.S.-flagged OSV growth under the size limit
restriction.
Through review of the Marine Information for Safety and Law
Enforcement (MISLE) database, the Coast Guard has determined that on
average four U.S.-flagged OSVs between 3,001 and 6,000 GT ITC were
constructed per year from 1998 through 2013.
Given the current environment of the offshore energy market, the
Coast Guard anticipates that the number of large U.S.-flagged OSVs
built per year will be similar to the number of U.S.-flagged OSVs
between 3,001 and 6,000 GT ITC built per year from 1998 through 2013.
Therefore, we do not expect more than four U.S.-flagged OSVs of at
least 6,000

[[Page 48909]]

GT ITC would be built per year after publication of this interim rule.
Further, we anticipate that the vessels of at least 6,000 GT ITC will
be built instead of (rather than in addition to) vessels in the 3,001
to 6,000 GT ITC size range.

Table 2--Summary of Applicability, Affected Population and Benefits
------------------------------------------------------------------------
Category Interim rule
------------------------------------------------------------------------
Applicability..................... All U.S.-flagged offshore supply
vessels of at least 6,000 GT ITC
(500 GRT if GT ITC is not
assigned).
Affected Population............... Existing mandates, which restrict
the size of U.S.-flagged OSVs,
limit the impact of this rule on
existing vessels. Although USCG
does not have data to forecast the
number of U.S.-flagged OSVs of at
least 6,000 GT ITC that may be
built to meet the increasing demand
for larger OSVs with certainty, we
anticipate that it is likely that
the construction of OSVs of at
least 6,000 GT ITC will follow a
similar growth pattern, and may be
built instead of, the construction
of OSVs between 3,001 to 6,000 GT
ITC. If this assumption holds, then
an estimated 4 OSVs of at least
6,000 GT ITC constructed per year.
Non-quantified Benefits........... Regulatory efficiency benefit, as
risk-benefit requirements are
clarified in advance for vessel
owner and operators.
Allows regulatory compliance
flexibilities for some provisions
in Subchapter L.
Standardization of regulatory
oversight by the Coast Guard.
------------------------------------------------------------------------

Baseline for Analysis of Impacts
Before the Act, U.S. ship owners and operators wishing to build an
OSV were subject to a network of regulations, voluntary standards and
industry practices, including a prohibition against constructing U.S.-
flagged OSVs of at least 6,000 GT ITC, because of the Coast Guard's
1996 regulation, which capped the tonnage of an OSV. The Authorization
Act lifted the tonnage restriction, but left the remainder of the
regulatory and standard network in place. The baseline for determining
the impact of the interim rule is thus the pre-Authorization Act
network of regulations, voluntary standards, and current industry
practices.
Analysis of Cost Impacts
This section details the analysis of cost impacts of the interim
rule requiring large OSVs to meet design, construction, and operation
safety regulations governing the inspection and standards of OSVs,
found in Title 46. We expect industry will incur no additional costs in
meeting the Coast Guard's rule as the incorporated standards or
functionally equivalent standards will be used to construct a large OSV
in the absence of any rule.
In order to minimize the impact of this rule on industry, the Coast
Guard based the majority of the provisions in this interim rule upon
existing regulatory and technical standards from Titles 33 and 46 of
the CFR. Although the Coast Guard deviated from these existing
standards in several instances, these changes were made in order to
account for differences between the scale of operations of the existing
standard's intended population and the operations of large OSVs.\10\
Where existing regulatory and technical standards were not appropriate,
the Coast Guard supplemented them with standards from IMO conventions
and industry consensus engineering standards.
---------------------------------------------------------------------------

\10\ Provisions in this interim rule in which the Coast Guard
deviated from existing standards include electrical requirements in
46 CFR subchapter J.
---------------------------------------------------------------------------

Because of the previous size limit on OSVs, there were no U.S.-
flagged vessels of at least 6,000 GT ITC or 500 GRT operating as
OSVs.\11\ However, since the Act was enacted, two U.S.-flagged vessels
of at least 6,000 GT ITC have been certificated under the interim
process found in section 617(f)(3) of the Act as large offshore supply
vessels that meet subchapter I and additional requirements from design
basis agreements, and four more have had their design basis agreements
approved. Although these would be grandfathered from having to comply
with this interim rule, the international standards codified in this
rule were derived from standards that these owners and operators
voluntarily agreed to adopt under the interim process.\12\
Consequently, this rule will not directly impact any existing
population of U.S. vessels, nor is it expected to add additional costs
to newly constructed OSVs of at least 6,000 GT ITC, as these vessels
are also expected to work internationally in addition to working
domestically. Therefore, no additional costs will be incurred by
industry in the construction of a large OSV.
---------------------------------------------------------------------------

\11\ While it is possible that an owner of an existing large OSV
certificated under the interim process found in 617(f)(3) of the Act
may seek recertification under subchapter L, no one from industry
has inquired about this issue in the two and a half years since the
Act was enacted.
\12\ Although these six vessels are expected to work
domestically, they are also expected to work internationally, and
therefore, would be held to international standards as well.
---------------------------------------------------------------------------

At this time, the Coast Guard does not anticipate additional costs
to the government from inspections and plan review. Although this rule
removes the size restriction of vessels certificated under subchapter L
as OSVs, the population of new OSVs of at least 6,000 GT ITC is
expected to replace a portion of the population of OSVs in the 3,001 GT
ITC to 6,000 GT ITC size.
Further, because the provisions in this rule that result in
government costs are also required of vessels approved under the
617(f)(3) interim process, the expected costs that would be incurred by
government to conduct inspections and plan reviews as a result of this
interim rule would have been incurred by the government even in the
absence of this rule. Therefore, the Coast Guard expects to use
existing resources to implement this rule.
This section presents a qualitative analysis of the cost impacts
and justifications for Title 46 revisions implemented by this interim
rule. We present our analyses in grouped sections that correspond to
each aspect of the rule, which impacts 46 CFR as shown below. Further
details are provided in the regulatory analysis available in the
docket.
Cost Impacts of the Specific Changes of the Interim Rule
Title 46--Shipping

[[Page 48910]]

Table 3--Changes to 46 CFR Part 2--Vessel Inspections
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Inspections.................. 2.10-25...... Modifies Not Applicable. Not Applicable. No additional
definition of cost.
OSV as Administrative
directed by change to
the Act. implement
statutory
mandate change
to definition
to allow OSVs
> 6,000 GT
ITC.
----------------------------------------------------------------------------------------------------------------

Table 4--Changes to 46 CFR Part 15--Manning Requirements
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Watches...................... 15.705....... Requirement Requirements Extends No impact. This
directed by for the exception to provision
the Act. minimum number the number of provides the
of watches watches same
were derived required to flexibilities
from existing large OSVs, currently
Coast Guard provided that allowed to
regulations the officers smaller OSVs
(46 CFR 15.705 and crew are under the
and 15.1111). in compliance current
with the work regulatory
hours and rest regime to OSVs
period greater than
requirements 6,000 GT ITC.
found in 46
CFR 15.1111.
Mates........................ 15.810....... Requirement Requirements Amends existing No impact.
directed by for minimum Coast Guard Similar sized
the Act. number of regulation by vessels, such
mates were requiring OSVs as 100% of
derived from greater than OSVs between
existing Coast 6,000 GT ITC 5,000 and
Guard to have two 6,000 GT ITC,
regulations mates on are already
(46 CFR voyages under meeting this
15.810). 600 miles and requirement in
three mates on order to
voyages of at provide
least 600 multipurpose
miles. Manning services,
requirements services which
will not requires an
change for additional
OSVs less than mate.
6,000 GT ITC.
Engineers.................... 15.825....... NOSAC Requirements Amends existing No additional
recommendation. for the Coast Guard cost. Similar
minimum number regulation by sized vessels,
of assistant requiring such as 100%
engineers were large OSVs of OSVs
derived from approved for between 5,000
existing Coast the use of and 6,000 GT
Guard automated ITC, are
regulations systems to already
(46 CFR carry at least meeting this
15.825). one assistant requirement in
engineer, as order to
recommended by provide
NOSAC. services more
typically
performed by
tank and cargo
vessels.
----------------------------------------------------------------------------------------------------------------

Table 5--Changes to 46 CFR Part 61--Periodic Tests and Inspections
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Test procedure details....... 61.40-10..... Administrative Requirements in Other test No additional
change of existing CFR techniques cost as this
Coast Guard originally must now be is
approval to called for approved by administrative
the Marine other test the Commanding .
Safety Center. techniques to Officer of the
be approved by Marine Safety
the Commandant Center.
of CG-ENG.
----------------------------------------------------------------------------------------------------------------

Table 6--Changes to 46 CFR Part 62--Vital System Automation
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability................ 62.01-5...... Change to Requirements Adds large OSVs No additional
clarify for vital to list of cost. Similar
applicability system vessels that sized existing
to include automation must comply vessels, such
large OSVs. were derived with existing as 100% of
from existing requirements OSVs between
Coast Guard in 46 CFR part 5,000 to 6,000
regulations. 62. GT ITC,
voluntarily
agreed to be
certificated
by
classification
societies and
participate in
the Alternate
Compliance
Program (ACP).
While there
are some gaps
between class
rules and the
provisions in
46 CFR part
62, they are
closed through
supplemental
provisions
required of
vessels
operating
under the ACP.
----------------------------------------------------------------------------------------------------------------

[[Page 48911]]

Table 7--Changes to 46 CFR Part 90--General Provisions
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability to OSVs........ 90.05-20..... Defines Not Applicable. Not Applicable. No additional
applicability cost.
of Subchapter Definition.
I for existing
OSVs.
Definitions of offshore 90.10-40..... Defines new and Not Applicable. Not Applicable. No additional
supply vessels. existing OSVs. cost.
Definition.
----------------------------------------------------------------------------------------------------------------

Table 8--Changes to 46 CFR part 110--General Provisions
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Incorporation by reference... 110.10-1..... Incorporates Requirements Amends existing No additional
industry for electrical Coast Guard cost. Similar
standards into engineering regulation by sized existing
Title 46. within codifying vessels, such
hazardous alternative as 100% of
locations were industry OSVs between
derived from accepted 3,000 to 6,000
existing Coast standards, GT ITC,
Guard which have voluntarily
regulations been approved agreed to be
(46 CFR 110.10- for similar certificated
1). large vessels. by
classification
societies and
participate in
the ACP, whose
rules align
with the
requirements
in 46 CFR
110.10-1.
Provides
industry with
flexibility by
incorporating
alternative
industry
standards.
Definitions.................. 110.15-1..... Introduces Not Applicable. Not Applicable. No additional
definitions cost.
used in 110.25- Definition.
1.
Plans and information 110.25-1..... Requirement for Requirements Clarifies Potential cost
required for new plans that for hazardous information savings. This
construction. identify locations in required in information
hazardous new builds plans for OSVs was already
location were derived of at least required of
information. from existing 6,000 GT ITC. existing
Coast Guard Requires plan plans, but was
regulations to include often not
(46 CFR 110.25- equipment provided until
1). identification follow up
number, reviews. This
equipment use, provision will
parameters of expedite the
systems, process by
equipment more
locations, explicitly
installation delineating
details, and the required
certificate of information up
testing. front.
----------------------------------------------------------------------------------------------------------------

Table 9--Changes to 46 CFR Part 111--Electric Systems General Requirements
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Flammable or Combustible 111.05-20.... Specifies Requirements None........... No additional
liquids and grounded ground for ground cost.
distribution systems on OSVs. distribution distribution Incorporates
system system were international
requirement.. derived from and Coast
existing Guard
international standards
standards and expected to be
Coast Guard used given
regulations industry
(SOLAS and 46 practice and
CFR 111.05-19). desire to
compete for
work in
international
markets.
Hazardous Locations on OSVs.. 111.106-1, Requires owners Requirements There are no No additional
111.106-3, of OSVs with for electrical deviations cost. Provides
111.106-5, hazardous installations from standard flexibility by
111.106-7, locations to inside if the vessel allowing
111.106-9, choose a hazardous follows the choice of
111.106-11, standard that locations were national standards
111.106-13, addresses the derived from standard. expected to be
111.106-15, wide ranging existing However, two used given
and 111.106- services that national and changes were current
17. the vessel international made to the industry
performs. standards international practice and
(National standard. The desire to
Electric Code first change compete for
standards and appears in work in
International 111.106-9, and international
Electrotechnic enlarges Zone markets.
al Commission 1 to an area
60092-505). of 8-meters.
The other
modification
to the
international
standard is
made in
111.106-13
(b). This
modification
will not allow
enclosed
spaces to be
reclassified
based upon
mechanical
ventilation..
Requirements None........... No additional
for cable and cost.
wiring between Incorporates
machinery international
spaces and and Coast
hazardous Guard
locations were standards
derived from expected to be
existing used given
international current
and Coast industry
Guard practice and
regulations desire to
(International compete for
Electrotechnic work in
al Commission international
60092-505 and markets.
46 CFR 153.461
and 154.1205).
----------------------------------------------------------------------------------------------------------------

[[Page 48912]]

Table 10--Changes to 46 CFR part 125--General
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability................ 125.100...... Requirement Not Applicable. Not Applicable. No additional
directed by cost.
the Act. Administrative
to meet
statutory
mandate.
Tonnage Measurement.......... 125.103...... Administrative Not Applicable. Not Applicable. No additional
changes made cost.
by the Coast Administrative
Guard to to meet
implement the statutory
Act. mandate.
International certificates 125.105...... Requires large Requires OSVs None........... No additional
for OSVs of at least 6,000 OSV to obtain to hold cost.
GT ITC. international certificates Incorporates
certificates that signify international
that indicate compliance standard
compliance with expected to be
with SOLAS, international used given
MARPOL, and standards industry
ICLL. (SOLAS--Cargo practice and
Ship Safety desire to
Construction, compete for
Cargo Ship work in
Safety international
Equipment and markets.
Safety Similar sized
Management existing
Certificates; vessels, such
MARPOL--Intern as 100% of
ational Oil OSVs 3,000 to
Pollution 6,000 GT ITC,
Prevention and voluntarily
International agreed to
Air Pollution comply with
Prevention; the
ICLL--Internat requirements
ional Load in this
Line provision in
Certificate. order to
compete in
international
markets.
Carriage of flammable or 125.110...... Requires Double hull None........... Any changes in
combustible liquid cargoes carriage of (oil cargo the cargo
in bulk. oil on large tank offset) capacity and
OSVs to meet requirements configuration
existing Title were derived can be
33 from existing accommodated
requirements. Coast Guard in the design
regulations stage of the
(33 CFR new vessel
157.10d). with no or
minimal, non-
quantifiable
cost.\13\
Oil fuel tank protection..... 125.115...... Requirement Requirements Deviates from No additional
directed by for oil fuel existing cost. Similar
the Act. tank international sized existing
protection standard by vessels, such
were derived requiring as 100% of
from existing compliance OSVs 3,000 to
international without 6,000 GT ITC,
standards regards to already comply
(MARPOL Annex whether the with the
I--Regulation OSV will be requirements
12A). engaged in in this
coastwise or provision.
international
trade.
Carriage of noxious liquid 125.120 and Administrative- Requirements Deviates from No additional
substances in bulk by OSVs 125.125. -sets for carriage existing cost.
less than 6,000 GT ITC (500 applicability of noxious international Incorporates
GRT if GT ITC is not for carriage liquid standards by interpretation
assigned) and least 6,000 GT of NLS in bulk substances in codifying of
ITC (500 GRT if GT ITC is to demarcation bulk were parts of CG- international
not assigned). requirements derived from 522 Policy standard from
and existing Letter 09-01, existing
incorporates international Rev. 1, which policy letter.
existing 46 standards and was published This will
CFR 98.30 and Coast Guard April 5, 2010. create
interpretation regulations These flexibility
of IMO Res (MARPOL Annex modifications for large OSVs
A.673 from CG- II, IMO will allow where they
522 Policy Resolution applicable might
Letter 09-01. A.673(16), and vessels carry otherwise have
33 CFR part NLS in bulk in been deemed in
151 and 46 CFR its integral violation of
part 163). and fixed MARPOL Annex
independent II.
tanks.
Loadlines.................... 125.140...... Requires large Requirements None........... No additional
OSVs to be for load lines cost.
assigned an were derived Incorporates
international from existing international
load line in international standard
accordance standards expected to be
with the ICLL. (International used given
Convention of industry
Load Lines). practice and
desire to
compete for
work in
international
markets.
Lifesaving systems........... 125.150...... Requires large Lifesaving None........... No additional
OSVs to meet requirements cost.
existing for OSVSs of Incorporates
lifesaving at least 6,000 international
requirements GT ITC were standard and
of Title 46 derived from requirements
CFR and SOLAS. existing for similar
international vessels
standards and expected to be
Coast Guard used given
regulations industry
(SOLAS and 46 practice and
CFR 199). desire to
compete for
work in
international
markets.
Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
voluntarily
agreed to
comply with
the
requirements
in this
provision in
order to
compete in
international
markets.
----------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

\13\ Impact is negligible because the carriage of oil-based mud
is also covered by requirements for the carriage of noxious liquid
substances (46 CFR 125.120). Because of the various chemical
components within the muds, nearly all mud carried by larger OSVs is
authorized only if the vessel complies with international pollution
prevention standards (IMO Resolution A.673(16)), which already
requires minimum distances for cargo from the outer hull.

[[Page 48913]]

Table 11--Changes to 46 CFR Part 126--Inspection and Certification
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Carriage of offshore workers. 126.170...... Increases large Existing Modifies No additional
OSV carriage regulation existing SPS cost. Provides
capacity of precludes Code by industry
offshore carriage of requiring flexibility by
workers. more than 36 vessels continuing to
offshore authorized to allow vessels
workers. In carry more authorized to
removing this than 36 carry less
ban, offshore than 36
requirements workers to offshore
for the carry the workers to
carriage of minimum amount meet standards
offshore of primary required of a
workers were lifesaving for cargo vessel.
derived from cargo vessel Creates
existing equipment as opportunity
international defined in for vessels to
standards (IMO SOLAS. carry more
Code of Safety than 36
for Special offshore
Purpose Ships workers, but
(SPS Code)). would require
increasing
protection
using
internationall
y accepted
approach to
offset growing
potential
consequence.
For vessels
authorized to
carry more
than 36
offshore
workers, the
Coast Guard
would require
the vessel
design meet a
standard that
is between the
standard
required of
cargo vessels
and that of
passenger
vessels. This
flexibility
takes into
account the
attributes and
skill-sets of
the
passengers,
and offers
OSVs a less
stringent
standard as a
result.
----------------------------------------------------------------------------------------------------------------

Table 12--Changes to 46 CFR Part 127--Construction and Arrangements
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Classification Society 127.200...... Requires OSVs Meeting None........... No additional
Standards. be classed by classification cost.
an authorized society Incorporates
class society. requirements industry &
is consistent international
with existing standards
international expected to be
standards used given
(SOLAS Chapter industry
II-1, practice and
Regulation 3- desire to
1) and compete for
existing Coast work in
Guard international
regulations markets.
(46 CFR 8.320). Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
voluntarily
agreed to
comply with
the
requirements
in this
provision in
order to
compete in
international
markets.
Structural fire protection... 127.225...... Requires SOLAS Requirements Deviates from No additional
compliance. for structural SOLAS by cost.
fire restricting Incorporates
protection large OSVs to existing US
were derived only use the interpretation
from existing non- of
international combustible international
standards materials standard. An
(SOLAS). (Method IC) existing OSV
option in would already
SOLAS. This is be required to
consistent meet this
with existing requirement
U.S. under the
regulations existing
for other regulatory
large vessels regime if it
(46 CFR wished to
subchapters D, perform these
H, and I). services.
Subdivision and stability.... 127.230...... Requires SOLAS Subdivision and Amends existing No additional
compliance. stability Coast Guard cost. This
requirements regulation (46 modification
were derived CFR 127.230) exempts large
from existing by adding in OSVs from
international clause (b). being required
standards and This clause to comply with
Coast Guard exempts OSVs this
regulations of 80 meters provision.
(SOLAS and 46 or more in
CFR 127.230). length from
being required
to comply
existing CFR
stability
requirement,
since these
large OSVs
have to meet
SOLAS
stability
requirements
as described
in 46 CFR
125.105.

[[Page 48914]]

Construction and arrangements 127.600, Requirements Damage None........... No additional
for OSVs carrying more than 127.620, developed by stability cost.
36 offshore workers. 127.630, the Coast requirements Incorporates
127.640, and Guard to were derived existing
127.650. provide safety from existing international
to persons in international standards for
addition to standards given vessel
the crew as (SOLAS Chapter characteristic
directed by II-1, parts B- s and
the Act. 1, B-2, and B- operations.
4, and Similar sized
Regulation II- existing
1/35-1). vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
already comply
with the
requirements
in this
provision.
Marine None........... No additional
engineering cost.
requirements Incorporates
were derived existing
from international
international standards for
standards given vessel
(SOLAS characteristic
Regulation II- s and
1/29.6.1.1). operations.
Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
voluntarily
agreed to
comply with
the
requirements
in this
provision in
order to
compete in
international
markets.
Electrical None........... No additional
installation cost.
requirements Incorporates
were derived existing
from international
international standards for
standards given vessel
(SOLAS characteristic
Regulation II- s and
1/42). operations.
Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
voluntarily
agreed to
comply with
the
requirements
in this
provision in
order to
compete in
international
markets.
Fire-protection None........... No additional
requirements cost.
were derived Incorporates
from existing
international international
standards standards for
(SOLAS Chapter given vessel
II-2). characteristic
s and
operations.
Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
voluntarily
agreed to
comply with
the
requirements
in this
provision in
order to
compete in
international
markets.
----------------------------------------------------------------------------------------------------------------

Table 13--Changes to 46 CFR Part 128--Marine Engineering: Equipment and Systems
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Equipment and systems........ 128.110...... Incorporates Marine Removes OSVs of No additional
requirements engineering at least 6,000 cost. Similar
of existing 46 requirements GT ITC from sized existing
CFR Subchapter for equipment being exempt vessels, such
F. and systems from having to as 100% of
for large OSVs comply with OSVs between
were derived the 3,000 and
from existing requirements 6,000 GT ITC,
Coast Guard in 46 voluntarily
regulations Subchapter F agreed to be
(46 CFR in their certificated
Subchapter F). entirety. by
classification
societies
whose rules
align with the
revised
requirements
in Subchapter
F.
Fuel......................... 128.310...... Incorporates Fuel Modifies No additional
requirements requirements existing cost. Similar
of existing 46 were derived provision by sized existing
CFR Subchapter from existing requiring vessels, such
F and SOLAS. Coast Guard large OSVs to as 100% of
regulations use fuel OSVs between
(46 CFR having a 3,000 and
128.310). flashpoint of 6,000 GT ITC,
at least voluntarily
60[deg] C agreed to
(140[deg] F), comply with
instead of SOLAS and the
being required higher
to meet the flashpoint
existing requirement in
standard, order to
which will obtain
still be used international
for OSVs under certifications
6,000 GT ITC, .
of 43[deg] C
(110[deg] F).
----------------------------------------------------------------------------------------------------------------

[[Page 48915]]

Table 14--Changes to 46 CFR Part 129--Electrical Installations
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability................ 129.110...... Implements Requirements Removes OSVs of No additional
existing for electrical at least 6,000 cost. Similar
Subchapter J installations GT ITC from sized existing
of this were derived being exempt vessels, such
chapter. from existing from having to as 100% of
Coast Guard comply with OSVs between
regulations the 3,000 and
(46 CFR requirements 6,000 GT ITC,
Subchapter J, in 46 voluntarily
Chapter I). Subchapter J agreed to be
in their certificated
entirety. by
classification
societies
whose rules
align with the
requirements
in the revised
Subchapter J.
Power Sources for OSVs....... 129.315...... Implements Requirements Modifies No additional
existing for power existing cost. 100% of
Subchapter J sources were regulation to OSVs between
of this derived from ensure that 3,000 and
chapter. existing Coast OSVs less than 6,000 GT ITC
Guard 6,000 GT ITC voluntarily
regulations will still be agreed to be
(46 CFR exempt from certificated
Subchapter J, being required by
Chapter I). to comply with classification
some parts of societies
46 Subchapter whose rules
J. align with the
requirements
in revised 46
CFR 129.315.
Overfill Protection.......... 129.570...... Implements Requirements Compliance with No additional
existing for alarms existing cost.
Subchapter D were derived standard will Incorporates
of this from existing now be industry &
chapter. Coast Guard required of international
regulations large OSVs, in standards
(46 CFR 33.25- addition to expected to be
1). tank vessels. used given
industry
practice and
desire to
compete for
work in
international
markets.
Similar sized
existing
vessels, such
as 100% of
OSVs between
3,000 and
6,000 GT ITC,
voluntarily
agreed to
comply with
SOLAS and
MARPOL. These
international
standards
align with the
requirements
in this
provision.
----------------------------------------------------------------------------------------------------------------

Table 15--Changes to 46 CFR Part 130--Vessel Control, and Miscellaneous Equipment and Systems
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Steering and automated 130.140 and Points to Steering and Modifies No additional
systems. 130.400. existing 46 automated existing cost.
CFR systems regulation to Administrative
requirements. requirements ensure that clarification
were derived only OSVs of
from existing under 6,000 GT applicability
Coast Guard ITC must of existing
regulations comply with regulations.
(46 CFR the
130.140). requirements
in this
provision.
OSVs of at
least 6,000 GT
ITC are
directed to 46
CFR 128.110.
----------------------------------------------------------------------------------------------------------------

Table 16--Changes to 46 CFR Part 131--Operations
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Maneuvering Characteristics.. 131.990...... Existing SOLAS Maneuvering Expands No additional
and 46 CFR capability applicability cost.
requirements. requirements of existing Incorporates
were derived regulations to standard
from existing include large expected to be
Coast Guard OSVs. used given
regulations current
(46 CFR industry
Subchapter I). practice and
desire to
compete for
work in
international
markets.
Similar sized
existing
vessels, such
as 100% of
OSVs 3,000 to
6,000 GT ITC,
already comply
with the
requirements
in this
provision.
----------------------------------------------------------------------------------------------------------------

[[Page 48916]]

Table 17--Changes to 46 CFR Part 132--Fire-Protection Equipment
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Fire pump, extinguishers, and 132.100, Implements Requirements Adds new No additional
emergency outfits. 132.200, and existing 46 for fire provision to cost.
132.365. CFR pumps, clarify Incorporates
requirements. extinguishers, applicable existing U.S.
and emergency U.S. interpretation
outfits were requirements of
derived from for fire international
existing pumps, fire standard.
international hoses, and Similar sized
standards nozzles, existing
(SOLAS Chapter portable and vessels, such
II-2) and semiportable as 100% of
Coast Guard fire OSVs 3,000 to
regulations extinguishers, 6,000 GT ITC,
(46 CFR and voluntarily
125.105). firefighter's comply with
protective the
clothing and requirements
personal in this
safety provision in
equipment. order to
compete in
international
markets.
Added requirements for 132.390...... Requires 46 CFR Requirements Deviates from No additional
carriage of low flashpoint 76, and 46 CFR for carriage existing CFR cost.
flammable or combustible 161.002. of low by requiring Incorporates
cargo. flashpoint that large standard
flammable or OSVs also expected to be
combustible comply with used given
cargo and fire- cargo area and industry
protection cargo-pump practice and
equipment were room fire- desire to
derived from extinguishing compete for
existing Coast systems work in
Guard requirements international
regulations that are markets. An
(46 CFR 76 and currently only existing OSV
161.002). required of would already
tank vessels. be required to
meet this
requirement
under the
existing
regulatory
regime if it
wished to
perform these
services.
----------------------------------------------------------------------------------------------------------------

Table 18--Changes to 46 CFR Part 134--Added Provisions for Liftboats
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability................ 134.100...... Liftboats are Requirements Modifies No additional
regulated for liftboats existing cost, as the
under were derived applicability construction
Subchapter L; from existing of provision of liftboats
this requires Coast Guard to allow the of at least
large regulations construction 6,000 GT ITC
liftboats to (46 CFR of large are not
obtain Coast 134.100). liftboats on a affected by
Guard approval. case-by-case this
basis, which rulemaking.
must be
approved by
the Commandant
(CG-5PS).
----------------------------------------------------------------------------------------------------------------

Table 19--Changes to 46 CFR Part 174--Special Rules Pertaining to Specific Vessel Types
----------------------------------------------------------------------------------------------------------------
Coast Guard Origination of Deviation from Cost impact and
Subject Sections action standard standard justification
----------------------------------------------------------------------------------------------------------------
Applicability................ 174.180...... Administrative Requirements Modifies No additional
change for stability existing cost.
conforms to for OSVs under regulations to Administrative
Part 127. 6,000 GT ITC exempt large change
were derived OSVs from clarifies that
from existing being required large OSVs are
Coast Guard to meet the excluded from
regulations stability certain
(46 CFR part requirements requirements.
174). in 46 CFR
Subpart G.
Instead, large
OSVs will be
subject to the
SOLAS
stability
requirements
discussed
earlier in
this RA.
----------------------------------------------------------------------------------------------------------------

Benefits of the Interim Rule
In the Act, Congress removed the tonnage limit on vessels
certificated under subchapter L as OSVs, and directed the Coast Guard
to implement regulations for the safe carriage of oil, hazardous
substances, and individuals in addition to the crew on OSVs of at least
6,000 GT ITC. However, the provisions in the Act allow ship owners and
operators to construct vessels that can operate as OSVs, by meeting
subchapter I and additional requirements from design basis agreements,
during the period between the effective date of the Act and the
effective date of this rulemaking provided they obtain Coast Guard
approval. This process creates regulatory inefficiencies as there are
no large OSV subchapter L-specific standards and regulatory
flexibilities for industry to reference, which could result in
construction and design delays. First, industry must submit a proposed
design to begin the process, and each time a change to the vessel's
design is made, the process must start over as the company must
resubmit a new design letter. After this step has been completed,
industry must then wait for the design basis to be approved before
beginning construction of the vessel. According to a Coast Guard
subject matter expert, this design basis process can take, at a
minimum, 30 days to complete, with additional time taken for the
company to respond to the draft design basis agreements. However, it is
likely that, based on the complexity of the design of OSVs of at least
6,000 GT ITC, this process would take the Coast Guard much longer to
complete.
Accordingly, the Coast Guard developed this interim rule to rectify
this lack of transparent standards to ensure consistent design,
construction, and operation of OSVs, as well as to comply with the Act.
On top of rectifying this lack of transparent standards, it is
expected that this rule will reduce costs overall. Because vessels
approved under the 617(f)(3) interim process are approved under a case-
by-case basis, a substantial amount of resources are used throughout
the approval process.

[[Page 48917]]

Issuance of this interim rule would streamline the construction process
by removing this case-by-case process and replacing it with transparent
requirements that all newly constructed vessels wishing to be
certificated as large OSVs must adhere to. This is expected to
significantly reduce costs.
Therefore, this rule will replace government's existing ad hoc
processes and requirements with a more streamlined and predictable
system, thereby reducing resources and, consequently, costs.

Table 20--Beneficial Impacts of Interim Rule
------------------------------------------------------------------------
Subject Sections Beneficial impacts
------------------------------------------------------------------------
46 CFR part 2--Vessel Inspections
------------------------------------------------------------------------
Inspections................... 2.10-25.......... Fulfills statutory
mandate by modifying
the definition of
OSV to remove size
ceiling.
------------------------------------------------------------------------
46 CFR part 15--Manning Requirements
------------------------------------------------------------------------
Watches....................... 15.705........... Provides flexibility
by implementing
exception that
allows for 2 watches
on short voyages.
According to an OCMI
from the Eighth
District, a
navigation watch has
an average wage of
$44.37 per hour.
This exception could
result in cost
savings for owners
and operators of
large OSVs engaged
on a voyage of less
than 600 miles, as
these owners and
operators may employ
one fewer
navigational watch
on voyages of this
length.
Mates......................... 15.810........... Provides flexibility
by lowering manning
requirements for
OSVs less than 6,000
GT ITC and OSVs of
at least 6,000 GT
ITC. For OSVs less
than 6,000 GT ITC,
the number of
required
credentialed mates
on voyages less than
600 miles decreases
from two to one, and
for voyages of at
least 600 miles from
three to two.
Further, for OSVs of
at least 6,000 GT
ITC, the number of
required
credentialed mates
on voyages less than
600 miles decreases
from three to two.
The number of
required mates on
voyages of at least
600 miles remains
the same. According
to an OCMI from the
Eighth District, a
navigation watch has
an average wage of
$44.37 per hour.
This exception will
therefore result in
cost savings for
owners and operators
of OSVs of all
sizes, since owners
and operators may
employ fewer
navigation watches
depending on the
size of the OSV and
on the voyage
length.
Engineers..................... 15.825........... Ensures that
sufficient
engineering
personnel are
onboard to be able
to respond to
shipboard
emergencies and
equipment failure.
Provision retains
existing OCMI
authorities.
------------------------------------------------------------------------
46 CFR part 61---Periodic Tests and Inspections
------------------------------------------------------------------------
Test procedure details........ 61.40-10......... Administrative change
that will provide
the Coast Guard
Headquarters with
more flexibility
regarding the use of
its resources.
------------------------------------------------------------------------
46 CFR part 62---Vital System Automation
------------------------------------------------------------------------
Applicability................. 62.01-5.......... Change that will
provide transparency
to industry and
government officials
for use in the
approval process.
------------------------------------------------------------------------
46 CFR part 90--General Provisions
------------------------------------------------------------------------
Applicability to OSVs......... 90.05-20......... Contains criteria for
grandfathering OSVs
and sets the
applicability of
Subchapter I for
OSVs that pre-dated
the creation of
Subchapter L.
Definitions of offshore supply 90.10-40......... Clarifies terms
vessels. relating to tonnage
measurement.
------------------------------------------------------------------------
Changes to 46 CFR part 110--General Provisions
------------------------------------------------------------------------
Incorporation by reference.... 110.10-1......... Provides for use of
industry standard as
alternative to use
of approved
equipment.
Definitions................... 110.15-1......... Clarifies
definitions.
Plans and information required 110.25-1......... Requires plans
for new construction. consistent with
other similarly
sized vessels, while
also adding option
of using
international
standards. Plans
must include
information on the
equipment,
intrinsically safe
systems,
installation
details, and/or
approved control
drawings, and
testing certificates
or listing by an
independent
laboratory or an
IECEx Certificate of
Conformity to ensure
existing levels of
safety in hazardous
locations.
------------------------------------------------------------------------

[[Page 48918]]

46 CFR part 111--Electric Systems General Requirements
------------------------------------------------------------------------
Flammable or Combustible 111.05-20........ Clarifies
liquids and grounded requirements for
distribution systems on OSVs. large OSVs, which
will provide more
transparency to
industry and
government officials
for use in the
approval process.
Permits the use of
grounded
distribution systems
on large OSVs
designed to carry
flammable or
combustible liquids
under certain
conditions to
maintain safety.
Aligns standards
with international
requirements,
thereby creating a
universal standard
which will enable
vessels to more
easily compete for
work on
international
market.
Hazardous Locations on OSVs... 111.106-1, Clarifies
111.106-3, requirements for
111.106-5, large OSVs, which
111.106-7, will provide more
111.106-9, transparency to
111.106-11, industry and
111.106-13, government officials
111.106-15, and for use in the
111.106-17. approval process.
Provides flexibility
as to the choice of
a standard that
addresses the wide
ranging services
that the vessel
performs and
enhances the safety
of personnel and
vessels. List of
standards is
expanded from
existing Subchapter
L, thereby
increasing options
for industry.
------------------------------------------------------------------------
46 CFR part 125--General
------------------------------------------------------------------------
Applicability................. 125.100.......... Fulfills statutory
mandate by
implementing the
Act.
Tonnage Measurement........... 125.103.......... Fulfills statutory
mandate by
implementing the
Act.
International certificates for 125.105.......... Requires large OSVs
OSVs of at least 6,000 GT ITC. to obtain all
applicable
international
convention
certificates in
areas such as safety
and pollution
prevention. Use of
international
certificate enables
industry to
simultaneously
comply with U.S.
requirements and
obtain certificates
needed to compete
for work on
international
market.
Carriage of flammable or 125.110.......... Clarifies
combustible liquid cargoes in requirements for
bulk. large OSVs, which
will provide more
transparency to
industry and
government officials
for use in the
approval process.
Provides enhanced
level of
environmental
protection to the
large volumes of oil
and oil-based
cargoes large OSVs
are capable of
carrying, applying
requirements for
similar vessels and
systems.
Oil fuel tank protection...... 125.115.......... Clarifies
requirements for
large OSVs, which
will provide more
transparency to
industry and
government officials
for use in the
approval process.
Carriage of noxious liquid 125.120 and Clarifies
substances in bulk by OSVs 125.125. requirements for
less than 6,000 GT ITC (500 large OSVs, which
GRT if GT ITC is not will provide more
assigned) and least 6,000 GT transparency to
ITC (500 GRT if GT ITC is not industry and
assigned). government officials
for use in the
approval process.
Requirements mirror
those for similar
vessels and systems.
Loadlines..................... 125.140.......... Aligns standards with
international
requirements,
thereby creating a
universal standard
which will enable
vessels to more
easily compete for
work on
international
market.
Lifesaving systems............ 125.150.......... Aligns standards with
international
requirements,
thereby creating a
universal standard
which will enable
vessels to more
easily compete for
work on
international market
and ensures that
vessels with a
larger number of
personnel on board
have sufficient
safety and
survivability.
------------------------------------------------------------------------
46 CFR part 126--Inspection and Certification
------------------------------------------------------------------------
Carriage of offshore workers.. 126.170.......... Allows large OSVs to
carry more personnel
and thereby increase
revenue while
ensuring protection
scales with number
of personnel.
------------------------------------------------------------------------
46 CFR part 127--Construction and Arrangements
------------------------------------------------------------------------
Classification Society 127.200.......... Incorporates industry
Standards. and international
standards expected
to be used given
industry practice
and desire to
compete for work on
international
markets.
Structural fire protection.... 127.225.......... Requires traditional
US standard while
maintaining
alignment with
international
requirements,
thereby using a
universal standard
which will enable
vessels to more
easily compete for
work on
international
market, while
ensuring that
vessels with a
larger number of
personnel on board
have sufficient
safety and
survivability.
Subdivision and stability..... 127.230.......... Uses international
standard for
stability, thus
enabling vessels to
compete for work on
international market
and ensuring that
vessels with larger
numbers of personnel
on board have
sufficient safety
and survivability.

[[Page 48919]]

Construction and arrangements 127.600, 127.620, Allows large OSVs to
for OSVs carrying more than 127.630, carry more personnel
36 offshore workers. 127.640, and and thereby increase
127.650. revenue while
ensuring protection
scales with number
of personnel.
------------------------------------------------------------------------
46 CFR part 128--Marine Engineering: Equipment and Systems
------------------------------------------------------------------------
Equipment and systems......... 128.110.......... Clarifies
requirements for
large OSVs, which
will provide more
transparency to
industry and
government officials
for use in the
approval process.
Provides enhanced
level of safety and
environmental
protection to the
larger and more
complex systems
large OSVs are
expected to utilize,
applying
requirements for
similar vessels and
systems.
Fuel.......................... 128.310.......... Clarifies
requirements for
large OSVs, which
will provide more
transparency to
industry and
government officials
for use in the
approval process.
------------------------------------------------------------------------
46 CFR part 129--Electrical Installations
------------------------------------------------------------------------
Applicability................. 129.110.......... Clarifies that
existing rules for
OSVs still apply.
Power Sources for OSVs........ 129.315.......... Clarifies that
existing rules for
OSVs still apply.
Overfill Protection........... 129.570.......... Clarifies that
existing rules for
OSVs still apply.
------------------------------------------------------------------------
46 CFR part 130--Vessel Control, and Miscellaneous Equipment and Systems
------------------------------------------------------------------------
Steering and automated systems 130.140 and Clarifies that
130.400. existing rules for
OSVs still apply.
------------------------------------------------------------------------
46 CFR part 131--Operations
------------------------------------------------------------------------
Maneuvering Characteristics... 131.990.......... Requires maneuvering
characteristics in
accordance with
similar size vessels
to enhance safety.
Requirements match
international
requirements, thus
enabling vessels to
compete for work on
international
market.
------------------------------------------------------------------------
46 CFR part 132--Fire-Protection Equipment
------------------------------------------------------------------------
Fire pump, extinguishers, and 132.100, 132.200, Clarifies that
emergency outfits. and 132.365. existing rules for
OSVs still apply.
Added requirements for 132.390.......... Clarifies
carriage of low flashpoint requirements for
flammable or combustible large OSVs, which
cargo. will provide more
transparency to
industry and
government officials
for use in the
approval process.
The fire-detection
requirements are
intended to be
consistent with
other fire-detection
installations on
U.S. inspected
vessels to enhance
safety. Aligns
standards with
international
requirements,
thereby creating a
universal standard
which will enable
vessels to more
easily compete for
work on
international
market,
------------------------------------------------------------------------
46 CFR part 134--Added Provisions for Liftboats
------------------------------------------------------------------------
Applicability................. 134.100.......... Clarifies that
liftboats are not
impacted by these
regulatory changes.
------------------------------------------------------------------------
46 CFR part 174--Special Rules Pertaining to Specific Vessel Types
------------------------------------------------------------------------
Applicability................. 174.180.......... Excludes large OSVs
from certain
existing domestic
stability criteria
to conform to this
rule's use of SOLAS
stability criteria
that enhance the
safety of personnel
and vessels within
the mandates of the
Act as directed by
Congress. Reduces
regulatory burden by
letting vessels use
international
requirements and
thus compete for
work on
international market
without having to
comply with multiple
sets of
requirements.
------------------------------------------------------------------------

Alternatives
When creating this interim rule, the Coast Guard considered several
alternatives. As discussed elsewhere, the preferred alternative closely
follows the actual and mandatory language of the Act and does not
incorporate substantive discretionary elements. Further, the preferred
alternative minimizes cost while maximizing cost savings that would
accrue to industry and government as a result of implementation of an
interim rule.
The alternatives considered are as follows.
Alternative 1: Preferred Alternative
The analysis for this alternative is discussed in detail previously
in this rule.
Alternative 2: No Action Alternative
In this alternative, the Coast Guard would not issue an interim
rule, but instead continue to use the interim process outlined in
617(f)(3) of the Act.
Instead of incorporating by reference industry and international
standards, this alternative would continue to rely on a case-by-case
process to approve the construction of new vessels over 6,000

[[Page 48920]]

GT ITC. This would continue to result in regulatory inefficiencies in
the approval process and long delays in the construction and design of
new vessels. Finally, by making the requirements of large OSVs explicit
and transparent, regulatory uncertainty and confusion are potentially
reduced.
Therefore, because the benefits of this alternative were less than
that of the preferred alternative, the Coast Guard rejected this
alternative.
Alternative 3: Issuance of Proposed Alternative as an NPRM
In this alternative, the Coast Guard would require all of the
provisions in the preferred alternative, but would propose the
alternative as an NPRM instead of as an interim rule.
Because the provisions in the preferred alternative are derived
either directly from existing regulatory and technical standards from
Titles 33 and 46 of the CFR or developed and rooted from current
domestic and international standards that industry already voluntarily
complies with, the Coast Guard rejected this provision, as it would
only delay potential cost savings that could accrue from immediate
implementation.
Alternative 4: Adoption of International Standards Only
In this alternative, the Coast Guard would require that vessels
meet international standards only. Coast Guard considered and adopted
international standards for many requirements. However, for a limited
number of areas, Coast Guard found that international standards needed
to be supplemented to provide consistency with already in place
domestic standards and to ensure safe operations and design.
The Coast Guard rejected the alternative of adopting only
international standards as, in some limited cases, the international
standards are not consistent with existing domestic standards or need
further clarification where details are left to the satisfaction of the
administration. In addition, for several requirements, Coast Guard
offers industry the flexibility of a choice of standards. This
flexibility would be lost if Coast Guard adopted only international
standards.

B. Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this interim 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.
Because of the previous size limit on OSVs, there were no U.S.-
flagged vessels of at least 6,000 GT ITC or 500 GRT operating as
OSVs.\14\ However, since the Act was enacted, two U.S.-flagged vessels
of at least 6,000 GT ITC have been certificated as large OSVs under the
interim process found in section 617(f)(3) of the Act that meet
subchapter I and additional requirements from design basis agreements,
with four others pursuing the interim certification. Although these
would be grandfathered from having to comply with this interim rule,
the international standards codified in this rule were derived from
standards that these owners and operators voluntarily agreed to adopt
as a condition of approval under the interim process.\15\ Consequently,
this rule will not directly impact any existing population of U.S.
vessels, nor is it expected to add additional costs to newly
constructed OSVs of at least 6,000 GT ITC, as these vessels are also
expected to work internationally in addition to working domestically.
Therefore, no additional costs will be incurred by industry in the
construction of a large OSV.
---------------------------------------------------------------------------

\14\ While it is possible that an owner of an existing large OSV
certificated under the interim process as meeting subchapter I and
additional requirements as specified under the design basis
agreements may seek recertification under subchapter L, no one from
industry has inquired about this issue in the 2 and a half years
since the Act was enacted.
\15\ Although these six vessels are expected to work
domestically, they are also expected to work internationally, and
therefore, would be held to international standards as well.
---------------------------------------------------------------------------

In our review of the MISLE ownership data for OSVs, we found 67
U.S.-flagged OSVs between 3,001 and 6,000 GT ITC that are owned and
operated by 23 entities. The Coast Guard has identified 10 parent
companies that direct the 23 managing entities, which we then grouped
by their North American Industry Classification System (NAICS) code.
Parent companies that direct managing entities may be classified under
a range of NAICS codes due to the vertical integration and
consolidation of business interests and operations. Based on the data
from the Coast Guard's MISLE database used to populate the domestic
vessel field in Table 2-1, the Coast Guard determined that none of
businesses affected are small by the Small Business Administration
(SBA) size standards. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this interim rule will not have a significant
economic impact on a substantial number of small entities.

Table 21--Entities Affected by Removal of the Statutory Size Limit Previously Placed on OSVs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Number of
NAICS Code Description of NAICS Group entities in small SBA Revenue SBA Employee
NAICS Group entities standard $ standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
213112.............................................. Support Activities for Oil and Gas 1 0 $7,000,000 NA
Operations.
333132.............................................. Oil and Gas Field Machinery and 1 0 NA 500
Equipment Manufacturing.
487210.............................................. Water Transportation excursion.... 1 0 7,000,000 NA
488330.............................................. Navigation Services to Shipping... 3 0 35,000,000 NA
488390.............................................. Other Support Activities for Water 1 0 35,500,000 NA
Transportation.
522220.............................................. Sales Financing................... 1 0 7,000,000 NA
532411.............................................. Commercial Air, Rail, and Water 1 0 7,000,000 NA
Transportation Equipment Rentals
and Leasing.
541990.............................................. All Other Professional Scientific 1 0 14,000,000 NA
and Technical Services.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 48921]]

For additional analysis on the estimated impact that this interim
rule would have on small entities, please see the preliminary RA
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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.

C. 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 interim rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
interim rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Lieutenant Anne
Besser, Project Manager, CG-ENG-1, Coast Guard, email
Anne.Besser@uscg.mil, telephone 202-372-1362. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Small businesses 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).

D. Collection of Information

This interim rule does not call for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
The offshore energy market has experienced increased demand for
high endurance operations required for deepwater exploration far
offshore. Accordingly, this trend necessitates industry to design,
construct, and operate OSVs with greater endurance, stability, and
carriage characteristics.
``The demand for large [platform supply vessels, which are a type
of OSV] with dynamic positioning has outpaced the supply of vessels for
most of 2012. New deliveries and [OSVs] mobilizing back to the U.S.
Gulf [of Mexico] have been unable to keep up with demand, forcing
drilling operators to supplement smaller vessels, which are readily
available. While these smaller vessels may be adequate, they are not
optimal for deepwater support work.'' \16\ The Coast Guard anticipates
that domestic entities would like to capture some of this market, which
is currently restricted to only foreign-flagged OSVs because of the
size limit restriction on U.S.-flagged OSVs. This interim rule would
permit U.S.-flagged vessels of at least 6,000 GT ITC to be certificated
as OSVs under subchapter L, which would allow U.S. firms to meet some
of this increased demand.
---------------------------------------------------------------------------

\16\ Marcon International, Inc. ``Fall 2012 Newsletter--Offshore
Supply Vessels in the Gulf of Mexico.'' http://www.marcon.com/index.cfm?SectionListsID=49&PageID=2461.
---------------------------------------------------------------------------

While the Coast Guard is unable to forecast with a sufficient
degree of certainty the number of U.S.-flagged OSVs of at least 6,000
GT ITC that may be built to meet the increasing demand for larger OSVs,
the number of vessels seeking approval under the interim process found
in section 617(f)(3) of the Act may provide some insight. In 2013, four
vessels sought approval under this process.
Furthermore, the Coast Guard anticipates that this new population
of OSVs will follow a growth pattern similar to that of OSVs greater
than 3,000 GT ITC but less than 6,000 GT ITC.
Through review of the MISLE database, the Coast Guard has
determined that on average four U.S.-flagged OSVs between 3,001 and
6,000 GT ITC were constructed per year from 1998 through 2013. While
the continuation of this trend cannot be assured, given the current
environment of the offshore energy market, it is unlikely that the
construction of OSVs of at least 6,000 GT ITC will exceed nine in any
given year, particularly during the next 3 years (the period covered by
a Collection of Information).
Therefore, because the information collected under this rule is
expected to involve fewer than 10 vessels in a given year, it is not a
collection of information that requires a formal burden estimate as
defined in section 3502 of the Paperwork Reduction Act.
The Coast Guard welcomes any comments or concerns on the collection
of information discussed in this section. Your comments must be sent to
the Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget. To ensure that your comments to OIRA are
received on time, the preferred methods are by email to oira_submission@omb.eop.gov (include the docket number and ``Attention: Desk
Officer for Coast Guard, DHS'' in the subject line of the email) or fax
at 202-395-6566. An alternate, though slower, method is by U.S. mail 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.

E. Federalism

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have federalism implications.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).) This rule addresses the design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of OSVs of at least 6,000 GT ITC,
or 500 GRT if GT ITC is not assigned. Because the States may not
regulate within these categories, preemption under Executive Order
13132 is not an issue.

F. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,

[[Page 48922]]

we do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, and have determined that it is not a
``significant energy action'' under that order. Though it is a
``significant regulatory action'' under Executive Order 12866, this
interim rule is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. The Administrator of the Office
of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

L. Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule uses the following voluntary consensus standards:

ANSI/ISA 60079-18--(12.23.01)-2009, Electrical Apparatus for
Use in Class I, Zone 1 Hazardous (Classified) Locations: Type of
Protection--Encapsulation ``m'', approved July 31, 2009 (``ANSI/ISA
60079-18'')
UL 674--Standard for Safety: Electric Motors and Generators
for Use in Division 1 Hazardous (Classified) Locations, Fourth Edition
with revisions through August 12, 2008 (dated December 11, 2003)
(``ANSI/UL 674'')
UL 823--Electric Heaters for Use in Hazardous (Classified)
Locations, Ninth Edition including revisions through November 15, 2007
(dated October 20, 2006) (``ANSI/UL 823'')
UL 844--Standard for Safety: Luminaires for Use in Hazardous
(Classified) Locations, Twelfth Edition including revisions through
November 20, 2008 (dated January 11, 2006) (``ANSI/UL 844'')
UL 913--Standard for Safety: Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class I, II, and III, Division 1,
Hazardous (Classified) Locations, Seventh Edition including revisions
through June 3, 2010, (Dated July 31, 2006) (``ANSI/UL 913'')
UL 1203--Standard for Safety: Explosion-Proof and Dust-
Ignition-Proof Electrical Equipment for use in Hazardous (Classified)
Locations, Fourth Edition including revisions through October 28, 2009
(dated September 15, 2006) (``ANSI/UL 1203'')
UL 2225--Cables and Cable-Fittings for Use in Hazardous
(Classified) Locations, Second Edition, December 21, 2005 (``ANSI/UL
2225'')
API RP 500--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Division 1 and Division 2, Second Edition,
November 1997, reaffirmed November 2002 (``API RP 500'')
API RP 505--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition,
approved January 7, 1998 (dated November 1997), reaffirmed 2002 (``API
RP 505'')
ASTM D 93-97--Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, 1997 (``ASTM D 93'')
ASTM F1014--02 (Reapproved 2007)--Standard Specification for
Flashlights on Vessels, approved May 1, 2007 (``ASTM F1014-2'')
ASTM F2876-10--Standard Practice for Thermal Rating and
Installation of Internal Combustion Engine Packages for use in
Hazardous Locations in Marine Applications, approved November 1, 2010
(``ASTM F2876-10'')
CAN/CSA-C22.2 No. 0-M91--General Requirements--Canadian
Electrical Code, Part II, Reaffirmed 2006 (``CAN/CSA C22.2 No. 0-M91'')
CAN/CSA-C22.2 No. 157-92--Intrinsically Safe and Non-incendive
Equipment for Use in Hazardous Locations, Reaffirmed 2006 (``CAN/CSA
C22.2 No. 157-92'')
C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in
Class I Hazardous Locations, Reaffirmed 2007 (``CAN/CSA C22.2 No. 30-
M1986'')
C22.2 No. 213-M1987--Non-incendive Electrical Equipment for
Use in Class I, Division 2 Hazardous Locations, Reaffirmed 2008 (``CAN/
CSA C22.2 No. 213-M1987'')
FM Approvals Class Number 3600--Approval Standard for Electric
Equipment for use in Hazardous (Classified) Locations General
Requirements, November 1998 (``FM Approvals Class Number 3600'')
FM Approvals Class Number 3610--Approval Standard for
Intrinsically Safe Apparatus and Associated Apparatus for Use in Class
I, II, and III, Division 1, Hazardous (Classified) Locations, January
2010 (``FM Approvals Class Number 3610'')
FM Approvals Class Number 3611--Approval Standard for Non-
incendive Electrical Equipment for Use in Class I and II, Division 2,
and Class III, Divisions 1 and 2, Hazardous (Classified) Locations,
December 2004 (``FM Approvals Class Number 3611'')
FM Approvals Class Number 3615--Approval Standard for
Explosionproof Electrical Equipment General Requirements, August 2006
(``FM Approvals Class Number 3615'')
FM Approvals Class Number 3620--Approval Standard for Purged
and Pressurized Electrical Equipment for Hazardous (Classified)
Locations, August 2000 (``FM Approvals Class Number 3620'')

[[Page 48923]]

IEC 60079-1:2007--Explosive atmospheres--Part 1: Equipment
protection by flameproof enclosures ``d'', Sixth edition, 2007-04
IEC 60079-2:2007--Explosive atmospheres--Part 2: Equipment
protection by pressurized enclosures ``p'', Fifth edition, 2007-02
IEC 60079-5:2007--Explosive atmospheres--Part 5: Equipment
protection by powder filling ``q'', Third Edition, 2007-03
IEC 60079-6:2007--Explosive atmospheres--Part 6: Equipment
protection by oil immersion ``o'', Third edition, 2007-03
IEC 60079-7:2006--Explosive atmospheres--Part 7: Equipment
protection by increased safety ``e'', Fourth edition, 2006-07
IEC 60079-11:2006--Explosive atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'', Fifth edition, 2006-07
IEC 60079-13:2010--Explosive atmospheres--Part 13: Equipment
protection by pressurized room ``p'', Edition 1.0, 2010-10
IEC 60079-15:2010--Explosive atmospheres--Part 15: Equipment
protection by type of protection ``n'', Edition 4.0, 2010-01
IEC 60079-18:2009--Explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Edition 3.0, 2009-05
IEC 60079-25:2010--Explosive atmospheres--Part 25:
Intrinsically safe electrical systems, Edition 2.0, 2010-02
IEC 60092-350:2008--Electrical installations in ships--Part
350: General construction and test methods of power, control and
instrumentation cables for shipboard and offshore applications, Edition
3.0, 2008-02
IEC 60092-353:2011--Electrical installations in ships--Part
353: Power cables for rated voltages 1 kV and 3 kV, Edition 3.0, 2011-
08
IEC 60092-502--Electrical installations in ships--Part 502:
Tankers--Special features, Fifth edition, 1999-02 (``IEC 60092-502'')
IEEE Std 1580-2001--IEEE Recommended Practice for Marine Cable
for Use on Shipboard and Fixed or Floating Platforms, December 17, 2001
(``IEEE 1580'')
NFPA 70--National Electrical Code, 2011 Edition (``NFPA 70'')
NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2008 Edition (``NFPA 496 (2008)'')
UL 1309--Marine Shipboard Cables, First Edition, 1995 (``UL
1309'')
UL 1604--Standard for Electrical Equipment for Use in Class I
and II, Division 2, and Class III Hazardous (Classified) Locations,
Third Edition including revisions through February 3, 2004 (dated April
28, 1994) (``UL 1604'')

The sections that reference these standards and the locations where
these standards are available are listed in 46 CFR 110.10-1 and
125.180.
This rule also uses technical standards other than voluntary
consensus standards.

Guidelines for the Transport and Handling of Limited Amounts
of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support
Vessels, 2007 Edition (``Resolution A.673(16)'')
Annex 7 to IMO MEPC 52/54, Report of the Marine Environment
Protection Committee on its Fifty-Second Session, ``Resolution
MEPC.119(52), 2004 Amendments to the International Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (IBC Code),'' adopted October 15, 2004 (``IBC Code'')
International Convention on Load Lines, 1966 and Protocol of
1988, as amended in 2003, Consolidated Edition, 2005 (``International
Convention on Load Lines, 1966'')
International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating thereto,
Consolidated Edition, 2006 (``MARPOL 73/78'')
International Convention for the Safety of Life at Sea, 1974,
as amended, Consolidated Edition, 2009 (``SOLAS, 1974, as amended'')
MIL-DTL-24643C with Supplement 1A--Detail Specification
Cables, Electric, Low Smoke Halogen-Free, for Shipboard Use, General
Specification for, December 13, 2011 (dated October 1, 2009) (``MIL-
DTL-24643C'')
MIL-DTL-24640C with Supplement 1--Detail Specification Cables,
Lightweight, Low Smoke, Electric, for Shipboard Use, General
Specification for, November 18, 2011 (``MIL-DTL-24640C'')

The sections that reference these standards and the locations where
these standards are available are listed in 46 CFR 110.10-1 and
125.180. They are used because we did not find voluntary consensus
standards that are applicable to this rule. If you are aware of
voluntary consensus standards that might apply, please identify them by
sending a comment to the docket using one of the methods under
ADDRESSES. In your comment, please explain why you think the standards
might apply.
If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards we have not listed that might apply.

M. Environment

We have analyzed this interim rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraphs (34)(a), (c), (d) and (e) of the Instruction and
under section 6(a) and (b) of the ``Appendix to National Environmental
Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice
of Final Agency Policy'' (67 FR 48243, July 23, 2002). This rule
involves regulations concerning the manning, documentation,
measurement, inspection, and equipping of vessels; regulations
concerning equipment approval and carriage requirements; regulations
concerning vessel operation safety standards; and congressionally
mandated regulations designed to protect the environment. An
environmental analysis checklist and a categorical exclusion
determination are 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 15

Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 61

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 62

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 90

Cargo vessels, Marine safety.

[[Page 48924]]

46 CFR Part 110

Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.

46 CFR Part 111

Incorporation by reference, Vessels.

46 CFR Part 125

Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Incorporation by reference, Marine safety,
Seamen.

46 CFR Part 126

Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 127

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 128

Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 129

Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements.

46 CFR Part 130

Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.

46 CFR Part 131

Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.

46 CFR Part 132

Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety, Reporting and recordkeeping requirements.

46 CFR Part 134

Cargo vessels, Hazardous materials transportation, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 174

Marine safety, Reporting and recordkeeping requirements, Vessels.

For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 2, 15, 61, 62, 90, 110, 111, 125, 126, 127, 128, 129, 130,
131, 132, 134, and 174 as follows:

Title 46--Shipping

PART 2--VESSEL INSPECTIONS

0
1. The authority citation for part 2 continues to read as follows:

Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103,
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec.
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App.
Note prec. 1).

0
2. Amend Sec. 2.10-25 by revising paragraph (3) in the definition of
``offshore supply vessel or OSV'' to read as follows:

Sec. 2.10-25 Definitions.

* * * * *
Offshore supply vessel or OSV * * *
(3) Is more than 15 gross tons; and
* * * * *

PART 15--MANNING REQUIREMENTS

0
3. The authority citation for part 15 is revised to read as follows:

Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; sec. 617, Pub. L. 111-281, 124 Stat.
2905; and Department of Homeland Security Delegation No. 0170.1.

0
4. Amend Sec. 15.705 by revising paragraph (c) to read as follows:

Sec. 15.705 Watches.

* * * * *
(c)(1) Subject to exceptions, 46 U.S.C. 8104(g) permits the
officers and crew members (except the coal passers, firemen, oilers,
and watertenders) to be divided into two watches when at sea and
engaged on a voyage of less than 600 miles on the following categories
of vessels--
(i) Towing vessel;
(ii) Offshore supply vessels, except as provided by paragraph
(c)(2) of this section; or
(iii) Barge.
(2) Paragraph (c)(1) of this section applies to an OSV of at least
6,000 GT ITC (500 GRT if GT ITC is not assigned), as defined in Sec.
125.160 of this chapter, if the individuals engaged on the vessel are
in compliance with the work hours and rest period requirements in Sec.
15.1111 of this part.
* * * * *

0
5. Amend Sec. 15.810 as follows:
0
a. Remove paragraph (b)(4);
0
b. Redesignate paragraph (b)(5) as paragraph (b)(4); and
0
c. Add new paragraphs (b)(5) and (6) to read as follows:

Sec. 15.810 Mates.

* * * * *
(b) * * *
(5) An offshore supply vessel of 100 GRT (100 GT ITC if GRT is not
assigned) or more, but less than 6,000 GT ITC (500 GRT if GT ITC is not
assigned) as defined in Sec. 125.160 of this chapter--one credentialed
mate (except when on a voyage of at least 600 miles--two credentialed
mates). A voyage includes the accrued distance from port of departure
to port of arrival and does not include stops at offshore points.
(6) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned) as defined in Sec. 125.160 of this chapter--
two credentialed mates provided that the OSV meets the requirements in
46 CFR 15.1111 (except when on a voyage of more than 600 miles--three
credentialed mates). A voyage includes the accrued distance from the
vessel's port of departure to the vessel's port of arrival. Stops at
offshore points or facilities do not constitute separate voyages; stops
at offshore points or facilities are included in the total accrued
distance between the vessel's port of departure and the vessel's port
of arrival.
* * * * *

0
6. Amend Sec. 15.825 by redesignating paragraph (c) as paragraph (d)
and adding paragraph (c) to read as follows:

Sec. 15.825 Engineers.

* * * * *
(c) An offshore supply vessel of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned) as defined in Sec. 125.160 of this chapter,
for which the Coast Guard has accepted the use of automated systems to
replace specific personnel pursuant to subpart 62.50 of this chapter,
must carry at least one credentialed assistant engineer, in addition to
the individual described in Sec. 15.820 of this subpart.
* * * * *

PART 61--PERIODIC TESTS AND INSPECTIONS

0
7. The authority citation for part 61 is revised to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703;
sec. 617, Pub. L. 111-281, 124 Stat. 2905; E.O. 12234, 45 FR 58801,
3 CFR 1980 Comp., p. 277; Department of Homeland Security Delegation
No. 0170.1.

Sec. 61.40-10 [Amended]

0
8. In Sec. 61.40-10(b), remove the words ``Commandant CG-ENG'' and
add, in their place, the words ``Commanding Officer, Marine Safety
Center''.

[[Page 48925]]

PART 62--VITAL SYSTEM AUTOMATION

0
9. The authority citation for part 62 is revised to read as follows:

Authority: 46 U.S.C. 3306, 3703, 8105; sec. 617, Pub. L. 111-
281, 124 Stat. 2905; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security Delegation No. 0170.1.

Sec. 62.01-5 [Amended]

0
10. Amend Sec. 62.01-5(a) as follows:
0
a. After the words ``subchapter D, I, or U'', remove the word ``and''
and add, in its place, the punctuation mark ``,''; and
0
b. After the words ``subchapter H'', add the words ``, and to OSVs of
at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in
Sec. 125.160 of this chapter''.

PART 90--GENERAL PROVISIONS

0
11. The authority citation for part 90 is revised to read as follows:

Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1. Sections 90.05-20 and 90.10-40 also issued under sec. 617,
Pub. L. 111-281, 124 Stat. 2905.

0
12. Amend Sec. 90.05-20 as follows:
0
a. In paragraph (a), after the number ``100'', add the text ``GRT (100
GT ITC if GRT is not assigned) as defined in Sec. 125.160 of this
chapter'' and remove the words ``but of less than 500 gross tons''; and
0
b. Revise paragraph (b) to read as follows:

Sec. 90.05-20 Applicability to offshore supply vessels.

* * * * *
(b) Each offshore supply vessel permitted grandfathering under
paragraph (a) of this section must have completed construction and have
a Certificate of Inspection by--
(1) March 16, 1998, if the vessel is of less than 500 GRT (6,000 GT
ITC if GRT is not assigned) as defined in Sec. 125.160 of this
chapter; or
(2) August 18, 2016, if the vessel is of at least 6,000 GT ITC (500
GRT if GT ITC is not assigned) as defined in Sec. 125.160 of this
chapter.

0
13. Amend Sec. 90.10-40 as follows:
0
a. In paragraph (a), remove the words ``and less than 500 gross tons
(as measured under the Standard, Dual, or Simplified Measurement System
under part 69, subpart C, D, or E, of this chapter) or is less than
6,000 gross tons (as measured under the Convention Measurement System
under part 69, subpart B, of this chapter)'', and add, in their place,
the words ``or more,''; and
0
b. Revise paragraphs (b) and (c) to read as follows:

Sec. 90.10-40 Offshore supply vessels.

* * * * *
(b) An existing offshore supply vessel is one that is--
(1) Of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT
is not assigned) as defined in Sec. 125.160 of this chapter,
contracted for, or the keel of which was laid, before March 15, 1996;
or
(2) Of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as
defined in Sec. 125.160 of this chapter, contracted for, or the keel
of which was laid, before August 18, 2014.
(c) A new offshore supply vessel is one--
(1) That is of at least 15 GRT but less than 500 GRT (6,000 GT ITC
if GRT is not assigned) as defined in Sec. 125.160 of this chapter,
and was contracted for, or the keel of which was laid, on or after
March 15, 1996;
(2) That is of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) as defined in Sec. 125.160 of this chapter, and was
contracted for, or the keel of which was laid, on or after August 18,
2014; or
(3) That underwent a major conversion initiated on or after March
15, 1996.

PART 110--GENERAL PROVISIONS

0
14. The authority citation for part 110 is revised to read as follows:

Authority: 33 U.S.C. 1509; 43 U.S.C 1333; 46 U.S.C. 3306, 3307,
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department
of Homeland Security Delegation No. 0170.1; Sec. 110.01-2 also
issued under 44 U.S.C. 3507. Sections 110.15-1 and 110.25-1 also
issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.

0
15. Revise Sec. 110.10-1 to read as follows:

Sec. 110.10-1 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Coast Guard must publish
notice of change in the Federal Register and the material must be
available to the public. The word ``should,'' when used in material
incorporated by reference, is to be construed the same as the words
``must'' or ``shall'' for the purposes of this subchapter. All approved
material is available for inspection at the U.S. Coast Guard, Office of
Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr.
Avenue SE., Stop 7126, Washington, DC 20593-7126, and is available from
the sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.
(1) Rules for Building and Classing Steel Vessels, Part 4 Vessel
Systems and Machinery, 2003 (``ABS Steel Vessel Rules''), IBR approved
for Sec. Sec. 110.15-1, 111.01-9, 111.12-3, 111.12-5, 111.12-7,
111.33-11, 111.35-1, 111.70-1, 111.105-31, 111.105-39, 111.105-40 and
113.05-7.
(2) Rules for Building and Classing Mobile Offshore Drilling Units,
Part 4 Machinery and Systems, 2001 (``ABS MODU Rules''), IBR approved
for Sec. Sec. 111.12-1, 111.12-3, 111.12-5, 111.12-7, 111.33-11,
111.35-1 and 111.70-1.
(c) American National Standards Institute (ANSI), 25 West 43rd
Street, New York, NY 10036, 212-642-4900, http://www.ansi.org/.
(1) ANSI/IEEE C37.12-1991--American National Standard for AC High-
Voltage Circuit Breakers Rated on a Symmetrical Current Basis-
Specifications Guide, 1991 (``ANSI/IEEE C37.12''), IBR approved for
Sec. 111.54-1.
(2) ANSI/IEEE C37.27-1987 (IEEE Std 331)--Application Guide for
Low-Voltage AC Nonintegrally Fused Power Circuitbreakers (Using
Separately Mounted Current-Limiting Fuses), 1987 (``ANSI/IEEE
C37.27''), IBR approved for Sec. 111.54-1.
(3) ANSI/ISA 60079-18--Electrical Apparatus for Use in Class I,
Zone 1 Hazardous (Classified) Locations: Type of Protection--
Encapsulation ``m'', approved July 31, 2009 (``ANSI/ISA 60079-18''),
IBR approved for Sec. 111.106-3(d).
(d) American Petroleum Institute (API), Order Desk, 1220 L Street
NW., Washington, DC 20005-4070, 202-682-8000, http://www.api.org.
(1) API RP 500--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Division 1 and Division 2, Second Edition,
November 1997, reaffirmed in 2002 (``API RP 500''), IBR approved for
Sec. Sec. 111.106-7(a) and 111.106-13(b).
(2) API RP 505--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Zone 0,

[[Page 48926]]

Zone 1, and Zone 2, First Edition, approved January 7, 1998 (dated
November 1997), reaffirmed 2002 (``API RP 505''), IBR approved for
Sec. Sec. 111.106-7(a) and 111.106-13(b).
(e) American Society of Mechanical Engineers (ASME) International,
Three Park Avenue, New York, NY 10016-5990, 800-843-2763, http://www.asme.org/.
(1) ASME A17.1-2000--Part 2 Electric Elevators, 2000 (``ASME
A17.1''), IBR approved for Sec. 111.91-1.
(2) [Reserved]
(f) ASTM International (formerly American Society for Testing and
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959,
610-832-9500, http://www.astm.org.
(1) ASTM B 117-97--Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B 117''), IBR approved for Sec. 110.15-1.
(2) ASTM F2876-10--Standard Practice for Thermal Rating and
Installation of Internal Combustion Engine Packages for use in
Hazardous Locations in Marine Applications, approved November 1, 2010
(``ASTM F2876-10''), IBR approved for Sec. 111.106-3(h).
(g) Canadian Standards Association (CSA), 5060 Spectrum Way, Suite
100, Mississauga, Ontario, L4W 5N6, Canada, 800-463-6727, http://www.csa.ca/.
(1) C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in Class
I Hazardous Locations, Reaffirmed 2007 (``CAN/CSA C22.2 No. 30-
M1986''), IBR approved for Sec. 111.106-3(b).
(2) C22.2 No. 213-M1987--Non-incendive Electrical Equipment for Use
in Class I, Division 2 Hazardous Locations, Reaffirmed 2008 (``CAN/CSA
C22.2 No. 213-M1987''), IBR approved for Sec. 111.106-3(b).
(3) CAN/CSA-C22.2 No. 0-M91--General Requirements--Canadian
Electrical Code, Part II, Reaffirmed 2006 (``CAN/CSA C22.2 No. 0-
M91''), IBR approved for Sec. 111.106-3(b).
(4) CAN/CSA-C22.2 No. 157-92--Intrinsically Safe and Non-incendive
Equipment for Use in Hazardous Locations, Reaffirmed 2006 (``CAN/CSA
C22.2 No. 157-92''), IBR approved for Sec. 111.106-3(b).
(h) DLA Document Services, Department of Defense, Single Stock
Point, 700 Robbins Avenue, Philadelphia, PA 19111, 215-697-6396, http://www.assistdocs.com.
(1) MIL-C-24640A--Military Specification Cables, Light Weight,
Electric, Low Smoke, for Shipboard Use, General Specification for
(1995) Supplement 1, June 26, 1995 (``NPFC MIL-C-24640A''), IBR
approved for Sec. Sec. 111.60-1 and 111.60-3.
(2) MIL-C-24643A--Military Specification Cables and Cords,
Electric, Low Smoke, for Shipboard Use, General Specification for
(1996), Amendment 2, March 13, 1996 (``MIL-C-24643A''), IBR approved
for Sec. Sec. 111.60-1 and 111.60-3.
(3) MIL-DTL-24640C with Supplement 1--Detail Specification Cables,
Lightweight, Low Smoke, Electric, for Shipboard Use, General
Specification for, November 18, 2011 (``MIL-DTL-24640C''), IBR approved
for Sec. 111.106-5(a).
(4) MIL-DTL-24643C with Supplement 1A--Detail Specification Cables,
Electric, Low Smoke Halogen-Free, for Shipboard Use, General
Specification for, December 13, 2011 (dated October 1, 2009) (``MIL-
DTL-24643C''), IBR approved for Sec. 111.106-5(a).
(5) MIL-W-76D--Military Specification Wire and Cable, Hook-Up,
Electrical, Insulated, General Specification for (2003) Amendment 1-
2003, February 6, 2003 (``NPFC MIL-W-76D''), IBR approved for Sec.
111.60-11.
(i) FM Approvals, P.O. Box 9102, Norwood, MA 02062, 781-440-8000,
http://www.fmglobal.com:
(1) Class Number 3600--Approval Standard for Electric Equipment for
use in Hazardous (Classified) Locations General Requirements, November
1998 (``FM Approvals Class Number 3600''), IBR approved for Sec.
111.106-3(b).
(2) Class Number 3610--Approval Standard for Intrinsically Safe
Apparatus and Associated Apparatus for Use in Class I, II, and III,
Division 1, Hazardous (Classified) Locations, January 2010 (``FM
Approvals Class Number 3610''), IBR approved for Sec. 111.106-3(b).
(3) Class Number 3611--Approval Standard for Non-incendive
Electrical Equipment for Use in Class I and II, Division 2, and Class
III, Divisions 1 and 2, Hazardous (Classified) Locations, December 2004
(``FM Approvals Class Number 3611''), IBR approved for Sec. 111.106-
3(b).
(4) Class Number 3615--Approval Standard for Explosionproof
Electrical Equipment General Requirements, August 2006 (``FM Approvals
Class Number 3615''), IBR approved for Sec. 111.106-3(b).
(5) Class Number 3620--Approval Standard for Purged and Pressurized
Electrical Equipment for Hazardous (Classified) Locations, August 2000
(``FM Approvals Class Number 3620''), IBR approved for Sec. 111.106-
3(b).
(j) Institute of Electrical and Electronic Engineers (IEEE), IEEE
Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 732-981-0060,
http://www.ieee.org.
(1) IEEE Std C37.04-1999--IEEE Standard Rating Structure for AC
High-Voltage Circuit Breakers, 1999 (``IEEE C37.04''), IBR approved for
Sec. 111.54-1.
(2) IEEE Std C37.010-1999--IEEE Application Guide for AC High-
Voltage Circuit Breakers Rated on a Symmetrical Current Basis, 1999
(``IEEE C37.010''), IBR approved for Sec. 111.54-1.
(3) IEEE Std C37.13-1990--IEEE Standard for Low-Voltage AC Power
Circuit Breakers Used in Enclosures, October 22, 1990 (``IEEE
C37.13''), IBR approved for Sec. 111.54-1.
(4) IEEE Std C37.14-2002--IEEE Standard for Low-Voltage DC Power
Circuit Breakers Used in Enclosures, April 25, 2003 (``IEEE C37.14''),
IBR approved for Sec. 111.54-1.
(5) IEEE Std 45-1998--IEEE Recommended Practice for Electric
Installations on Shipboard, October 19, 1998 (``IEEE 45-1998''), IBR
approved for Sec. Sec. 111.30-19, 111.105-3, 111.105-31 and 111.105-
41.
(6) IEEE Std 45-2002--IEEE Recommended Practice for Electrical
Installations On Shipboard, October 11, 2002 (``IEEE 45-2002''), IBR
approved for Sec. Sec. 111.05-7, 111.15-2, 111.30-1, 111.30-5, 111.33-
3, 111.33-5, 111.40-1, 111.60-1, 111.60-3, 111.60-5, 111.60-11, 111.60-
13, 111.60-19, 111.60-21, 111.60-23, 111.75-5 and 113.65-5.
(7) IEEE 100--The Authoritative Dictionary of IEEE Standards Terms,
Seventh Edition, 2000 (``IEEE 100''), IBR approved for Sec. 110.15-1.
(8) IEEE Std 1202-1991--IEEE Standard for Flame Testing of Cables
for Use in Cable Tray in Industrial and Commercial Occupancies, 1991
(``IEEE 1202''), IBR approved for Sec. Sec. 111.60-6 and 111.107-1.
(9) IEEE Std 1580-2001--IEEE Recommended Practice for Marine Cable
for Use on Shipboard and Fixed or Floating Platforms, December 17, 2001
(``IEEE 1580''), IBR approved for Sec. Sec. 111.60-1, 111.60-2,
111.60-3 and 111.106-5(a).
(k) International Electrotechnical Commission (IEC), 3 Rue de
Varembe, Geneva, Switzerland, +41 22 919 02 11, http://www.iec.ch/.
(1) IEC 60068-2-52--Environmental Testing Part 2: Tests--Test Kb:
Salt Mist, Cyclic (Sodium Chloride Solution), Second Edition, 1996
(``IEC 60068-2-52''), IBR approved for Sec. 110.15-1.
(2) IEC 60079-0--Electrical apparatus for Explosive Gas
Atmospheres--Part 0: General Requirements, Edition 3.1, 2000 (``IEC
60079-0''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, and 111.105-17.
(3) IEC 60079-1--Electrical Apparatus for Explosive Gas
Atmospheres--Part 1:

[[Page 48927]]

Flameproof Enclosures ``d'' including corr.1, Fourth Edition, 2001
(``IEC 60079-1''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, 111.105-9, and 111.105-17.
(4) IEC 60079-1:2007--Explosive Atmospheres--Part 1: Equipment
Protection by Flameproof Enclosures ``d'', Sixth Edition, 2007-04, IBR
approved for Sec. 111.106-3(b).
(5) IEC 60079-2--Electrical Apparatus for Explosive Gas
Atmospheres--Part 2: Pressurized Enclosures ``p'', Fourth Edition, 2001
(``IEC 60079-2''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7 and 111.105-17.
(6) IEC 60079-2:2007--Explosive atmospheres--Part 2: Equipment
protection by pressurized enclosures ``p'', Fifth Edition, 2007-02, IBR
approved for Sec. 111.106-3(b).
(7) IEC 60079-5--Electrical Apparatus for Explosive Gas
Atmospheres--Part 5: Powder Filling ``q'', Second Edition, 1997 (``IEC
60079-5''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15 and 111.105-17.
(8) IEC 60079-5:2007--Explosive atmospheres--Part 5: Equipment
protection by powder filling ``q'', Third edition, 2007-03, IBR
approved for Sec. 111.106-3(b).
(9) IEC 60079-6--Electrical Apparatus for Explosive Gas
Atmospheres--Part 6: Oil Immersion ``o'', Second Edition, 1995 (``IEC
60079-6''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15 and 111.105-17.
(10) IEC 60079-6:2007--Explosive atmospheres--Part 6: Equipment
protection by oil immersion ``o'', Third edition, 2007-03, IBR approved
for Sec. 111.106-3(b).
(11) IEC 60079-7--Electrical Apparatus for Explosive Gas
Atmospheres--Part 7: Increased Safety ``e'', Third Edition, 2001 (``IEC
60079-7''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15 and 111.105-17.
(12) IEC 60079-7:2006--Explosive atmospheres--Part 7: Equipment
protection by increased safety ``e'', Fourth edition, 2006-07, IBR
approved for Sec. 111.106-3(b).
(13) IEC 60079-11--Electrical Apparatus for Explosive Gas
Atmospheres--Part 11: Intrinsic Safety ``i'', Fourth Edition, 1999
(``IEC 60079-11''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, 111.105-11 and 111.105-17.
(14) IEC 60079-11:2006--Explosive atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'', Fifth edition, 2006-07, IBR
approved for Sec. 111.106-3(b).
(15) IEC 60079-13:2010--Explosive atmospheres--Part 13: Equipment
protection by pressurized room ``p'', Edition 1.0, 2010-10, IBR
approved for Sec. 111.106-3(b).
(16) IEC 60079-15--Electrical Apparatus for Explosive Gas
Atmospheres--Part 15: Type of Protection ``n'', Second Edition, 2001
(``IEC 60079-15''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, 111.105-15 and 111.105-17.
(17) IEC 60079-15:2010--Explosive atmospheres--Part 15: Equipment
protection by type of protection ``n'', Edition 4.0, 2010-01, IBR
approved for Sec. 111.106-3(b).
(18) IEC 60079-18 Electrical Apparatus for Explosive Gas
Atmospheres--Part 18: Encapsulation ``m'', First Edition, 1992 (``IEC
79-18''), IBR approved for Sec. Sec. , 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15 and 111.105-17.
(19) IEC 60079-18:2009--Explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Edition 3.0, 2009-05, IBR approved
for Sec. 111.106-3(b) and (d).
(20) IEC 60079-25:2010--Explosive atmospheres--Part 25:
Intrinsically safe electrical systems, Edition 2.0, 2010-02, IBR
approved for Sec. 111.106-3(b).
(21) IEC 60092-101--Electrical Installation in Ships, Part 101:
Definitions and General Requirements, Edition 4.1, 2002 (``IEC 60092-
101''), IBR approved for Sec. Sec. 110.15-1 and 111.81-1.
(22) IEC 60092-201--Electrical Installation in Ships, Part 201:
System Design--General, Fourth Edition, 1994 (``IEC 92-201''), IBR
approved for Sec. Sec. 111.70-3 and 111.81-1.
(23) IEC 60092-202--Amendment 1 Electrical Installation in Ships,
Part 202: System Design--Protection, 1996 (``IEC 92-202''), IBR
approved for Sec. Sec. 111.12-7, 111.50-3, 111.53-1 and 111.54-1.
(24) IEC 60092-301--Amendment 2 Electrical Installation in Ships,
Part 301: Equipment--Generators and Motors, 1995 (``IEC 92-301''), IBR
approved for Sec. Sec. 111.12-7, 111.25-5 and 111.70-1.
(25) IEC 60092-302--Electrical Installation in Ships, Part 302:
Low-Voltage Switchgear and Control Gear Assemblies, Fourth Edition,
1997 (``IEC 60092-302''), IBR approved for Sec. Sec. 111.30-1, 111.30-
5 and 111.30-19.
(26) IEC 60092-303--Electrical Installation in Ships, Part 303:
Equipment--Transformers for Power and Lighting, Third Edition, 1980
(``IEC 92-303''), IBR approved for Sec. 111.20-15.
(27) IEC 60092-304--Amendment 1 Electrical Installation in Ships,
Part 304: Equipment-Semiconductor Convertors, 1995 (``IEC 92-304''),
IBR approved for Sec. Sec. 111.33-3 and 111.33-5.
(28) IEC 60092-306--Electrical Installation in Ships, Part 306:
Equipment-Luminaries and accessories, Third Edition, 1980 (``IEC 92-
306''), IBR approved for Sec. Sec. 111.75-20 and 111.81-1.
(29) IEC 60092-350:2008--Electrical installations in ships--Part
350: General construction and test methods of power, control and
instrumentation cables for shipboard and offshore applications, Edition
3.0, 2008-02, IBR approved for Sec. 111.106-5(a).
(30) IEC 60092-352--Electrical Installation in Ships--Choice and
Installation of Cables for Low-Voltage Power Systems, Second Edition,
1997 (``IEC 60092-352''), IBR approved for Sec. Sec. 111.60-3, 111.60-
5 and 111.81-1.
(31) IEC 60092-353--Electrical Installations in Ships--Part 353:
Single and Multicore Non-Radial Field Power Cables with Extruded Solid
Insulation for Rated Voltages 1kV and 3kV, Second Edition, 1995 (``IEC
60092-353''), IBR approved for Sec. Sec. 111.60-1, 111.60-3 and
111.60-5.
(32) IEC 60092-353:2011--Electrical installations in ships--Part
353: Power cables for rated voltages 1 kV and 3 kV, Edition 3.0, 2011-
08, IBR approved for Sec. 111.106-5(a).
(33) IEC 60092-401--Electrical Installations in Ships, Part 401:
Installation and Test of completed Installation with amendment 1 (1987)
and amendment 2 (1997), Third Edition, 1980, (``IEC 60092-401''), IBR
approved for Sec. Sec. 111.05-9 and 111.81-1.
(34) IEC 60092-502--Electrical installations in ships--Part 502:
Tankers--Special features--Fifth edition, 1999-02 (``IEC 60092-502''),
IBR approved for Sec. Sec. 111.81-1, 111.105-31, 111.106-3(b),
111.106-5(c), and 111.106-15(a).
(35) IEC 60092-503--Electrical installations in ships, Part 503:
Special features: A.C. supply systems with voltages in the range of
above 1kV up to and including 11kV, First Edition, 1975 (``IEC 60092-
503''), IBR approved for Sec. 111.30-5.
(36) IEC 60331-11--Tests for electric cables under fire
conditions--Circuit integrity--Part 11: Apparatus--Fire alone at a
flame temperature of at least 750 [deg]C, First Edition, 1999 (``IEC
60331-11''), IBR approved for Sec. 113.30-25.
(37) IEC 60331-21--Tests for Electric Cables Under Fire
Conditions--Circuit Integrity--Part 21: Procedures and Requirements--
Cables of Rated Voltage up to and Including 0.6/1.0kV, First Edition,
1999 (``IEC 60331-21''), IBR approved for Sec. 113.30-25.
(38) IEC 60332-1--Tests on Electric Cables Under Fire Conditions,
Part 1: Test on a Single Vertical Insulated Wire

[[Page 48928]]

or Cable, Third Edition, 1993 (``IEC 60332-1''), IBR approved for Sec.
111.30-19.
(39) IEC 60332-3-22--Tests on Electric Cables Under Fire
Conditions--Part 3-22: Test for Vertical Flame Spread of Vertically-
Mounted Bunched Wires or Cables--Category A, First Edition, 2000 (``IEC
60332-3-22''), IBR approved for Sec. Sec. 111.60-1, 111.60-2, 111.60-6
and 111.107-1.
(40) IEC 60529--Degrees of Protection Provided by Enclosures (IP
Code), Edition 2.1, 2001 (``IEC 60529''), IBR approved for Sec. Sec.
110.15-1, 111.01-9, 113.10-7, 113.20-3, 113.25-11, 113.30-25, 113.37-
10, 113.40-10 and 113.50-5.
(41) IEC 60533--Electrical and Electronic Installations in Ships--
Electromagnetic Compatibility, Second Edition, (1999), (``IEC 60533''),
IBR approved for Sec. 113.05-7.
(42) IEC 60947-2--Low-Voltage Switchgear and Controlgear Part 2:
Circuit-Breakers, Third Edition, 2003 (``IEC 60947-2''), IBR approved
for Sec. 111.54-1.
(43) IEC 61363-1--Electrical Installations of Ships and Mobile and
Fixed Offshore Units--Part 1: Procedures for Calculating Short-Circuit
Currents in Three-Phase a.c., First Edition, 1998 (``IEC 61363-1''),
IBR approved for Sec. 111.52-5.
(44) IEC 62271-100--High-voltage switchgear and controlgear--part
100: High-voltage alternating current circuitbreakers, Edition 1.1,
2003 (``IEC 62271-100''), IBR approved for Sec. 111.54-1.
(l) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org.
(1) International Convention for the Safety of Life at Sea (SOLAS),
Consolidated Text of the International Convention for the Safety of
Life at Sea, 1974, and its Protocol of 1988: Article, Annexes and
Certificates. (Incorporating all Amendments in Effect from January
2001), (``IMO SOLAS 74''), IBR approved for Sec. Sec. 111.99-5,
111.105-31, 112.15-1 and 113.25-6.
(2) [Reserved]
(m) International Society of Automation (ISA), 67 Alexander Drive,
P.O. Box 12277, Research Triangle Park, NC 27709, 919-549-8411, http://www.isa.org.
(1) RP 12.6--Wiring Practices for Hazardous (Classified) Locations
Instrumentation Part I: Intrinsic Safety, 1995 (``ISA RP 12.6''), IBR
approved for Sec. 111.105-11.
(2) [Reserved]
(n) Lloyd's Register, 71 Fenchurch Street, London EC3M 4BS, +44
(0)20 7709 9166, http://www.lr.org.
(1) Type Approval System-Test Specification Number 1 (2002), IBR
approved for Sec. 113.05-7.
(2) [Reserved]
(o) National Electrical Manufacturers Association (NEMA), 1300
North 17th Street, Rosslyn, VA 22209, 703-841-3200, http://www.nema.org.
(1) NEMA Standards Publication ICS 2-2000, Industrial Control and
Systems Controllers, Contactors, and Overload Relays, Rated 600 Volts,
(2000), (``NEMA ICS 2''), IBR approved for Sec. 111.70-3.
(2) NEMA Standards Publication ICS 2.3-1995, Instructions for the
Handling, Installation, Operation, and Maintenance of Motor Control
Centers Rated not More Than 600 Volts, (1995), (``NEMA ICS 2.3''), IBR
approved for Sec. 111.70-3.
(3) NEMA Standards Publication No. ICS 2.4-2003, NEMA and IEC
Devices for Motor Service--a Guide for Understanding the Differences,
(2003), (``NEMA ICS 2.4''), IBR approved for Sec. 111.70-3.
(4) NEMA Standards Publication No. ANSI/NEMA 250-1997, Enclosures
for Electrical Equipment (1000 Volts Maximum) (Aug. 30, 2001), (``NEMA
250''), IBR approved for Sec. Sec. 110.15-1, 111.01-9, 110.15-1,
113.10-7, 113.20-3, 113.25-11, 113.30-25, 113.37-10, 113.40-10 and
113.50-5.
(5) NEMA Standards Publication No. WC-3-1992, Rubber Insulated Wire
and Cable for the Transmission and Distribution of Electrical Energy,
Revision 1, February 1994, (``NEMA WC-3''), IBR approved for Sec.
111.60-13.
(6) NEMA WC-70/ICEA S-95-658-1999 Standard for Non-Shielded Power
Rated Cable 2000V or Less for the Distribution of Electrical Energy,
(1999), (``NEMA WC-70''), IBR approved for Sec. 111.60-13.
(p) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org.
(1) NEC 2002 (NFPA 70)--National Electrical Code Handbook, Ninth
Edition, 2002 (``NFPA NEC 2002''), IBR approved for Sec. Sec. 111.05-
33, 111.20-15, 111.25-5, 111.50-3, 111.50-7, 111.50-9, 111.53-1,
111.54-1, 111.55-1, 111.59-1, 111.60-7, 111.60-13, 111.60-23, 111.81-1,
111.105-1, 111.105-3, 111.105-5, 111.105-7, 111.105-9, 111.105-15,
111.105-17, and 111.107-1.
(2) NFPA 70--National Electrical Code, 2011 Edition (``NFPA 70''),
IBR approved for Sec. Sec. 110.15-1(b), 111.106-3(b), and 111.106-
5(c).
(3) NFPA 77--Recommended Practice on Static Electricity, 2000
(``NFPA 77''), IBR approved for Sec. 111.105-27.
(4) NFPA 99--Standard for Health Care Facilities, 2005 (``NFPA
99''), IBR approved for Sec. 111.105-37.
(5) NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2003 (``NFPA 496''), IBR approved for Sec.
111.105-7.
(6) NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2008 Edition (``NFPA 496 (2008)''), IBR approved
for Sec. 111.106-3(c).
(q) Naval Sea Systems Command (NAVSEA), Code 55Z, 1333 Isaac Hull
Avenue SE., Washington Navy Yard, Washington, DC 20362, 202-781-0000,
http://www.navsea.navy.mil.
(1) DDS 300-2--A.C. Fault Current Calculations, 1988 (``NAVSEA DDS
300-2''), IBR approved for Sec. 111.52-5.
(2) MIL-HDBK-299(SH)--Military Handbook Cable Comparison Handbook
Data Pertaining to Electric Shipboard Cable Notice 1-1991 (Revision of
MIL-HDBK-299(SH) (1989)), 1991 (``NAVSEA MIL-HDBK-299(SH)''), IBR
approved for Sec. 111.60-3.
(r) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory
Drive, Research Triangle Park, NC 27709-3995, 919-549-1400, http://www.ul.com.
(1) UL 44--Standard for Thermoset-Insulated Wire and Cable,
Fifteenth Edition, Mar. 22, 1999 (Revisions through and including May
13, 2002), (``UL 44''), IBR approved for Sec. 111.60-11.
(2) UL 50--Standard for Safety Enclosures for Electrical Equipment,
Eleventh Edition, Oct. 19, 1995 (``UL 50''), IBR approved for Sec.
111.81-1.
(3) UL 62--Standard for Flexible Cord and Fixture Wire, Sixteenth
Edition, Oct. 15, 1997 (``UL 62''), IBR approved for Sec. 111.60-13.
(4) UL 83--Standard for Thermoplastic-Insulated Wires and Cables,
Twelfth Edition, Sept. 29, 1998 (``UL 83''), IBR approved for Sec.
111.60-11.
(5) UL 484--Standard for Room Air Conditioners, Seventh Edition,
Apr. 27, 1993 (Revisions through and including Sep. 3, 2002) (``UL
484''), IBR approved for Sec. 111.87-3.
(6) UL 489--Molded-Case Circuit Breakers, Molded-Case Switches, and
Circuit-Breaker Enclosures, Ninth Edition, Oct. 31, 1996, (Revisions
through and including Mar. 22, 2000), (``UL 489''), IBR approved for
Sec. Sec. 111.01-15 and 111.54-1.
(7) UL 514A--Metallic Outlet Boxes, Ninth Edition, (Dec. 27, 1996),
(``UL 514A''), IBR approved for Sec. 111.81-1.

[[Page 48929]]

(8) UL 514B--Conduit, Tubing, and Cable Fittings, Fourth Edition,
(Nov. 3, 1997), (``UL 514B''), IBR approved for Sec. 111.81-1.
(9) UL 514C--Standard for Nonmetallic Outlet Boxes, Flush-Device
Boxes, and Covers, Second Edition, (Oct. 31, 1988), (``UL 514C''), IBR
approved for Sec. 111.81-1.
(10) UL 674--Standard for Safety: Electric Motors and Generators
for Use in Division 1 Hazardous (Classified) Locations, Fourth Edition
with revisions through August 12, 2008 (dated December 11, 2003)
(``ANSI/UL 674''), IBR approved for Sec. 111.106-3(b).
(11) UL 823--Electric Heaters for Use in Hazardous (Classified)
Locations, Ninth Edition including revisions through November 15, 2007
(dated October 20, 2006) (``ANSI/UL 823''), IBR approved for Sec.
111.106-3(b).
(12) UL 844--Standard for Safety: Luminaires for Use in Hazardous
(Classified) Locations, Twelfth Edition including revisions through
November 20, 2008 (dated January 11, 2006) (``ANSI/UL 844''), IBR
approved for Sec. 111.106-3(b).
(13) UL 913--Standard for Safety: Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class i, ii, and iii, Division 1,
Hazardous (Classified) Locations, Sixth Edition, (Aug. 8, 2002)
(Revisions through and including Dec. 15, 2003), (``UL 913''), IBR
approved for Sec. 111.105-11.
(14) UL 913--Standard for Safety: Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class I, II, and III, Division 1,
Hazardous Locations, Seventh Edition including revisions through June
3, 2010 (dated July 31, 2006) (``ANSI/UL 913''), IBR approved for Sec.
111.106-3(b).
(15) UL 1042--Standard for Electric Baseboard Heating Equipment,
Apr. 11, 1994, IBR approved for Sec. 111.87-3.
(16) UL 1072--Standard for Medium-Voltage Power Cables, Third
Edition, Dec. 28, 2001 (Revisions through and including Apr. 14, 2003),
IBR approved for Sec. 111.60-1.
(17) UL 1104--Standard for Marine Navigation Lights, Second
Edition, Oct. 29, 1998, IBR approved for Sec. 111.75-17.
(18) UL 1203--Standard for Explosion-Proof and Dust-Ignition-Proof
Electrical Equipment for Use in Hazardous (Classified) Locations, Third
Edition, Sep. 7, 2000 (Revisions through and including Apr. 30, 2004),
IBR approved for Sec. 111.105-9.
(19) UL 1203--Standard for Safety: Explosion-Proof and Dust-
Ignition-Proof Electrical Equipment for Use in Hazardous (Classified)
Locations, Fourth Edition including revisions through October 28, 2009
(dated September 15, 2006) (``ANSI/UL 1203''), IBR approved for Sec.
111.106-3(b).
(20) UL 1309--Marine Shipboard Cables, First Edition, July 14,
1995, IBR approved for Sec. Sec. 111.60-1, 111.60-3, and 111.106-5(a).
(21) UL 1581--Reference Standard for Electrical Wires, Cables, and
Flexible Cords, 2003, IBR approved for Sec. Sec. 111.30-19, 111.60-2
and 111.60-6.
(22) UL 1598--Luminaires, First Edition, Jan. 31, 2000, IBR
approved for Sec. 111.75-20.
(23) UL 1598A--Standard for Supplemental Requirements for
Luminaires for Installation on Marine Vessels, First Edition, Dec. 4,
2000, IBR approved for Sec. 111.75-20.
(24) UL 1604--Electrical Equipment for Use in Class I and II,
Division 2 and Class III Hazardous (Classified) Locations, Third
Edition including revisions through February 3, 2004 (dated April 28,
1994), IBR approved for Sec. 111.106-3(b).
(25) UL 2225--Cables and Cable-Fittings for Use in Hazardous
(Classified) Locations, Second Edition, December 21, 2005 (``ANSI/UL
2225''), IBR approved for Sec. 111.106-3(b).
0
16. Amend Sec. 110.15-1(b) by adding, in alphabetical order, the
definitions for ``IECEx System'', ``Integral tank'', ``Non-hazardous'',
``Shut-off valve'', ``Special Division 1'', ``Zone 0'', ``Zone 1'', and
``Zone 2'' to read as follows:

Sec. 110.15-1 Definitions.

* * * * *
(b) * * *
IECEx System means an international certification system covering
equipment that meets the provisions of the IEC 60079 series of
standards (incorporated by reference, see Sec. 110.10-1). The IECEx
System is comprised of an Ex Certification Body and an Ex Testing
Laboratory that has been accepted into the IECEx System after
satisfactory assessment of their competence to ISO/IEC Standard 17025,
ISO/IEC Guide 65, IECEx rules of procedures, IECEx operational
documents, and IECEx technical guidance documents as part of the IECEx
assessment process.
* * * * *
Integral tank means a tank that is a structural part of the
vessel's hull and is influenced in the same manner and by the same
loads that stress the adjacent hull structure.
* * * * *
Non-hazardous means an area in which an explosive gas atmosphere is
not expected to be present in quantities that require special
precautions for the construction, installation, and use of electrical
equipment.
* * * * *
Shut-off valve is a valve that closes a pipeline and provides
nominal metal-to-metal contact between the valve operating parts,
including the disc and gate, and the valve body.
Special Division 1 is a Class I, Zone 0 hazardous location in
Article 505 of NFPA 70 (incorporated by reference, see Sec. 110.10-1)
that may require special considerations for electrical equipment
installed in such locations.
* * * * *
Zone 0 is a hazardous location in which an explosive gas or vapor
in mixture with air is continuously present or present for long
periods.
Zone 1 is a hazardous location in which an explosive gas or vapor
in mixture with air is likely to occur in normal operating conditions.
Zone 2 is a hazardous location in which an explosive gas or vapor
in mixture with air is not likely to occur in normal operating
conditions, or in which such a mixture, if it does occur, will only
exist for a short time.
0
17. Amend Sec. 110.25-1 by adding paragraph (p) to read as follows:

Sec. 110.25-1 Plans and information required for new construction.

* * * * *
(p) For an OSV with hazardous locations to which subpart 111.106 of
this part applies, plans showing the extent and classification of all
hazardous locations, including information on--
(1) Equipment identification by manufacturer's name and model
number;
(2) Equipment use within the system;
(3) Parameters of intrinsically safe systems, including cables;
(4) Equipment locations;
(5) Installation details and/or approved control drawings; and
(6) A certificate of testing, and listing or certification, by an
independent laboratory, as defined by 46 CFR 159.001-3, or an IECEx
Certificate of Conformity under the IECEx System, where required by the
respective standard in Sec. 111.106-3(b)(1), (2), or (3) of this
subchapter.

PART 111--ELECTRIC SYSTEMS GENERAL REQUIREMENTS

0
18. The authority citation for part 111 is revised to read as follows:

Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security
Delegation No. 0170.1. Section 111.05-20 and Subpart 111.106 also
issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.

0
19. Add Sec. 111.05-20 to read as follows:

[[Page 48930]]

Sec. 111.05-20 Grounded distribution systems on OSVs designed to
carry flammable or combustible liquids with closed-cup flashpoints not
exceeding 60 [deg]C (140 [deg]F).

(a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT
if GT ITC is not assigned), as defined in Sec. 125.160 of this
chapter, that are designed to carry flammable or combustible liquids
with a closed-cup flashpoint not exceeding 60 [deg]C (140 [deg]F).
(b) A grounded distribution system is only allowed as provided in
paragraph (c) of this section.
(c) Grounding of the neutral for alternating current power networks
of 3,000 volts (line to line) or more is permitted, provided that any
possible resulting current does not flow directly through any hazardous
locations.

0
20. Add subpart 111.106, consisting of Sec. Sec. 111.106-1 through
111.106-17, to read as follows:
Subpart 111.106--Hazardous Locations on OSVs
Sec.
111.106-1 Applicability.
111.106-3 General requirements.
111.106-5 Cable and wiring.
111.106-7 Classification of adjacent spaces with access to hazardous
locations.
111.106-9 Classification of flammable or combustible cargo storage
and handling locations.
111.106-11 Classification of storage and handling locations of
heated combustible liquid cargoes.
111.106-13 Cargo handling devices or cargo pump rooms handling
flammable or combustible cargoes.
111.106-15 Ventilation of hazardous locations.
111.106-17 Piping: electrical bonding.

Sec. 111.106-1 Applicability.

This subpart applies to OSVs of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned), as defined in Sec. 125.160 of this chapter.

Sec. 111.106-3 General requirements.

(a) Electrical installations in hazardous locations, where
necessary for operational purposes, must be located in the least
hazardous location practicable.
(b) Electrical installations in hazardous locations must comply
with the standards listed in paragraphs (b)(1), (2), or (3) of this
section.
(1) NFPA 70 Articles 500 through 504 (incorporated by reference,
see Sec. 110.10-1). Equipment identified for Class I locations must
meet the provisions of Sections 500.7 and 500.8 of NFPA 70 and must be
tested and listed by an independent laboratory to any of the following
standards:
(i) ANSI/UL 674, ANSI/UL 823, ANSI/UL 844, ANSI/UL 913, ANSI/UL
1203, UL 1604 (Division 2) and/or ANSI/UL 2225 (incorporated by
reference, see Sec. 110.10-1).
(ii) FM Approvals Class Number 3600, Class Number 3610, Class
Number 3611, Class Number 3615, Class Number 3620, or any combination
of these (incorporated by reference, see Sec. 110.10-1).
(iii) CAN/CSA C22.2 Nos. 0-M91, 30-M1986, 157-92, and/or 213-M1987
(incorporated by reference, see Sec. 110.10-1).
Note to Sec. 111.106-3(b)(1): See Article 501.5 of NFPA 70 for use
of Zone equipment in Division designated spaces.
(2) NFPA 70 Article 505 (incorporated by reference, see Sec.
110.10-1). Equipment identified for Class I locations must meet the
provisions of Sections 505.7 and 505.9 of NPFA 70 and be tested and
listed by an independent laboratory to the ANSI/ISA Series of standards
incorporated in NFPA 70.
Note to Sec. 111.106-3(b)(2): See Article 505.9(c)(1) of the NFPA
70 for use of Division equipment in Zone designated spaces.
(3) IEC 60092-502 (incorporated by reference, see Sec. 110.10-1),
with the following exceptions:
(i) Section 111.106-5 of this subpart applies in lieu of Clause
7.3.1.
(ii) Section 111.106-9 of this subpart applies in lieu of Clause
4.2.
(iii) Section 111.106-7 of this subpart applies in lieu of Clauses
4.1.5 and 8.4.
(iv) Section 111.106-13(b) of this subpart applies in lieu of
Clause 4.1.4 for enclosed areas containing devices handling
hydrocarbons.
(v) Section 111.106-11 of this subpart applies in lieu of Clause
4.3.2.
(vi) Electrical apparatus in hazardous locations must meet one or
the combination of IEC 60079-1:2007, IEC 60079-2:2007, IEC 60079-
5:2007, IEC 60079-6:2007, IEC 60079-7:2006, IEC 60079-11:2006, IEC
60079-13:2010, IEC 60079-15:2010, IEC 60079-18:2009 or IEC 60079-
25:2010 (incorporated by reference, see Sec. 110.10-1) in lieu of
Clause 6.5.
(vii) Equipment must be tested by an Ex Testing Laboratory and
certified by an Ex Certification Body under the IECEx System, in lieu
of Clause 6.3.
Note to Sec. 111.106-3(b): System components that are listed or
certified under paragraph (b)(1), (b)(2) or (b)(3) of this section must
not be combined in a manner that would compromise system integrity or
safety.
(c) As an alternative to paragraph (b)(1) of this section,
electrical equipment that complies with the provisions of NFPA 496
(2008) (incorporated by reference, see Sec. 110.10-1) is acceptable
for installation in Class I, Divisions 1 and 2. When equipment meeting
this standard is used, it does not need to be identified and marked by
an independent laboratory. The Commanding Officer, Marine Safety Center
(MSC) will evaluate equipment complying with this standard during plan
review. It is normally considered acceptable if a manufacturer's
certification of compliance is indicated on a material list or plan.
(d) Equipment listed or certified to ANSI/ISA 60079-18 or IEC
60079-18:2009, respectively, (incorporated by reference, see Sec.
110.10-1) is not permitted in Class I Special Division 1 or Zone 0
hazardous location, unless the encapsulating compound of Ex ``ma''
protected equipment is not exposed to, or has been determined to be
compatible with, the liquid or cargo in the storage tank.
(e) Lighting circuits serving flameproof or explosion-proof
lighting fixtures in an enclosed hazardous space or room must--
(1) Have at least two lighting branch circuits;
(2) Be arranged so that there is light for relamping any de-
energized lighting circuit;
(3) Not have the switch and overcurrent device within the space for
those spaces containing explosion-proof or flameproof lighting
fixtures; and
(4) Have a switch and overcurrent protective device that must open
all ungrounded conductors of the circuit simultaneously.
(f) Submerged pump motors that do not meet the requirements of
Sec. 111.105-31(d), installed in tanks carrying flammable or
combustible liquids with closed-cup flashpoints not exceeding 60 [deg]C
(140 [deg]F), must receive concept approval by the Commandant (CG-ENG)
and plan approval by the Commanding Officer, MSC.
(g) Wiring materials and cables in hazardous locations must meet
the construction and testing requirements in Sec. 111.106-5 of this
subpart.
(h) Internal combustion engines installed in Divisions 1 and 2
(Zones 1 and 2) must meet the provisions of ASTM F2876-10 (incorporated
by reference, see Sec. 110.10-1).
(i) Cofferdams are required to separate enclosed spaces adjacent to
integral cargo storage tanks.
(j) The cargo pumping/piping systems must be arranged independently
from all other systems. Cargo transfer pumps and piping (including
fill, discharge, vent, and sounding piping) must not be located in or
pass through any

[[Page 48931]]

accommodation, service, or machinery spaces.

Sec. 111.106-5 Cable and wiring.

(a) Cable and wiring in hazardous locations must meet the cable
construction and testing provisions of IEEE 1580; UL 1309; MIL-DTL-
24640C; MIL-DTL-24643C; or IEC 60092-350:2008 and IEC 60092-353:2011
(incorporated by reference, see Sec. 110.10-1), including the
respective flammability tests contained therein, and must be of a
copper-stranded type.
(b) Type MC cables, when used, must meet the requirements in Sec.
111.60-23 of this part.
(c) For intrinsically safe systems under the standards cited in
Sec. 111.106-3(b)(1) and (b)(2) of this subpart, the wiring methods
must meet Section 504.30 of NFPA 70 (incorporated by reference, see
Sec. 110.10-1). For intrinsically safe systems under the standards
cited in Sec. 111.106-3(b)(3) of this subpart, the installation and
wiring must meet Clause 7, except for Clause 7.3.1, of IEC 60092-502
(incorporated by reference, see Sec. 110.10-1).

Sec. 111.106-7 Classification of adjacent spaces with access to
hazardous locations.

(a) Hazardous location classification of adjacent spaces must
comply with Clause 12.5 of either API RP 500 or API RP 505
(incorporated by reference, see Sec. 110.10-1).
(b) A differential pressure-monitoring device or a flow-monitoring
device, or both, must be provided for monitoring the pressurization of
spaces having an opening into a more hazardous zone. A running fan
motor or a fan-rotation monitoring device indicator is insufficient to
satisfy this requirement.
(c) During initial startup, or after shutdown of the pressurization
or ventilation system, and regardless of the classification of the
hazardous location, the space must be ventilated or purged, followed by
pressurization or ventilation of the space, before any electrical
apparatus within the space may be energized. The atmosphere is
considered non-hazardous when the concentration of explosive gases or
vapors is below 30 percent of the lower explosive limit at all points
in the space, equipment enclosures and vent ducts.
(d) Only electrical equipment and devices that are necessary for
the operational purposes of the space may be installed in spaces made
non-hazardous by the methods allowed in this section.

Sec. 111.106-9 Classification of flammable or combustible cargo
storage and handling locations.

(a) This section applies to locations surrounding the storage and
handling locations of flammable and combustible liquid cargoes with
closed-cup flashpoints not exceeding 60 [deg]C (140 [deg]F).
(b) The following are Class I Special Division 1 (Zone 0)
locations:
(1) Enclosed areas containing devices handling cargoes, such as
cargo handling or pump rooms, except as modified by Sec. 111.106-13 of
this subpart.
(2) The interiors of cargo storage tanks, slop tanks, any pressure-
relief pipework or other venting systems for cargo and slop tanks,
pipes and equipment containing the cargo or developing flammable gases
or vapors.
(3) Areas on an open deck, or a semi-enclosed space on an open
deck, within 0.5 meters of any cargo storage tank outlet, cargo gas or
vapor outlet, ullage opening, sounding pipe, cargo tank opening for
pressure release, or cargo storage tank pressure or vacuum valve
provided to permit the flow of small volumes of gas or vapor mixtures
caused by thermal variation.
(4) Areas on an open deck, or semi-enclosed spaces on open deck,
within 0.5 meters of any cargo handling or pump room entrance, or cargo
ventilation handling or pump room ventilation inlet or outlet.
(5) Areas in the vicinity of any cargo vent outlet for free flow of
large volumes of vapor mixtures during cargo loading and discharging of
storage tanks, within a vertical cylinder of unlimited height, of 1
meter radius centered upon the vent outlet, and within a hemisphere of
1-meter radius below the vent outlet.
(6) Areas in the vicinity of any cargo high-velocity vent outlet
during cargo loading and discharging of storage tanks, within a
vertical cylinder of unlimited height, of 0.5 meters radius centered
upon the vent outlet, and within a hemisphere of 0.5 meters radius
below the vent outlet.
(c) The following are Class I Division 1 (Zone 1) locations:
(1) Areas on an open deck, or a semi-enclosed space on an open
deck, that are 2.5 meters beyond the Class I Special Division 1 (Zone
0) areas cited in paragraphs (b)(3) and (4) of this section.
(2) Areas on an open deck, or a semi-enclosed space on an open
deck, that are within 3 meters of any cargo manifold valve, cargo
valve, cargo pipe flange, cargo tank hatch, sight port, tank cleaning
opening, and opening into cofferdams or other Zone 1 spaces.
(3) Regardless of the level of natural ventilation, areas on an
open deck above the tank top of each cargo tank extending out 3 meters
beyond the tank top boundaries of each cargo tank, up to a height of
2.4 meters above the deck.
(4) Areas on an open deck within spillage coamings surrounding
cargo manifold valves extending 3 meters beyond the boundaries of the
spillage coamings, up to a height of 2.4 meters.
(5) A void space or an enclosed space immediately above, below or
adjacent to an integral cargo storage tank, including cofferdams and
permanent (for example, segregated) ballast tanks adjacent to integral
cargo storage tanks.
(6) A hold space containing an independent cargo storage tank.
(7) Compartments for cargo transfer hoses.
(8) Enclosed or semi-enclosed spaces in which pipes containing
cargoes are located.
(9) Areas 7.5 meters beyond the cylinder and 7.5 meters beyond the
hemisphere of the Class I Special Division 1 (Zone 0) hazardous
locations cited in paragraph (b)(5) of this section.
(10) Areas 5.5 meters beyond the cylinder and 5.5 meters beyond the
hemisphere of the Class I Special Division 1 (Zone 0) hazardous
locations cited in paragraph (b)(6) of this section.
(d) The following are Class I Division 2 (Zone 2) locations:
(1) Areas on an open deck, or a semi-enclosed space on an open
deck, that are 1.5 meters beyond the Class I Division 1 (Zone 1) areas
cited in paragraphs (c)(1) through (4) of this section.
(2) Areas 1.5 meters beyond the cylinder and 1.5 meters beyond the
hemisphere of the Class I Special Division 1 (Zone 1) hazardous
locations cited in paragraph (c)(9) of this section.
(3) Areas 4 meters beyond the cylinder and 4 meters beyond the
hemisphere of the Class I Division 1 (Zone 1) hazardous locations cited
in paragraph (c)(10) of this section.
(4) Enclosed spaces beyond the open deck areas cited in paragraph
(c)(3) of this section that are below the level of the main deck and
have an opening onto the main deck or at a level less than 0.5 meters
above the main deck, unless--
(i) The entrances to such spaces, including ventilation inlets and
outlets, are situated at least 5 meters from the closest integral cargo
tank bulkhead and at least 10 meters measured horizontally from any
integral cargo tank outlet or gas or vapor outlet; and
(ii) The spaces are mechanically ventilated.

[[Page 48932]]

Sec. 111.106-11 Classification of storage and handling locations of
heated combustible liquid cargoes.

(a) This section applies to locations surrounding the storage and
handling of combustible liquid cargoes with closed-cup flashpoints
exceeding 60 [deg]C (140 [deg]F).
(b) The interiors of independent storage tanks and integral tanks
containing cargoes with closed-cup flashpoints of 60 [deg]C (140
[deg]F) or higher and heated to within 15 [deg]C of their flashpoint
are considered Class I Special Division 1 (Zone 0). The hazardous
locations in Sec. 111.106-9 of this subpart apply.

Sec. 111.106-13 Cargo handling devices or cargo pump rooms handling
flammable or combustible cargoes.

(a) This section is applicable to enclosed areas containing devices
handling flammable or combustible liquid cargoes with closed-cup
flashpoints not exceeding 60 [deg]C (140 [deg]F).
(b) Enclosed hazardous locations containing devices that handle
cargoes must comply with Clauses 6.3.1.2 of API RP 500 and 6.6.1.2 of
API RP 505 (incorporated by reference, see Sec. 110.10-1). Ventilation
must not be used to reduce the classification of such areas.
(c) Cargo pump rooms must be isolated from all sources of vapor
ignition by gastight bulkheads. The gastight bulkhead between the pump
room and the pump-motor compartment may be pierced by fixed lights,
drive shafts, and pump-engine control rods, provided that the shafts
and rods are fitted with fixed oil reservoir gland seals, or pressure
grease seals where they pass through the gastight bulkheads. Other
types of positive pressure seals must be specially approved by the
Commandant (CG-ENG). Access to a cargo handling enclosed area or room
must be from the open deck.
(d) Fixed lights in cargo pump rooms or enclosed cargo handling
areas must meet the arrangement and construction requirements in Sec.
111.105-31(g) of this part.
(e) A cargo handling area or pump room that precludes the lighting
arrangement of paragraph (d) of this section, or where the lighting
arrangement of paragraph (d) of this section does not give the required
illumination level, must have explosion-proof, flameproof (Ex ``d'') or
flameproof-increased safety (Ex ``de'') lighting fixtures.

Sec. 111.106-15 Ventilation of hazardous locations.

(a) The ventilation design principles must comply with Clauses
8.1.3, 8.2, and 8.3 of IEC 60092-502 (incorporated by reference, see
Sec. 110.10-1).
Note to Sec. 111.106-15(a): The word ``mechanical,'' as used in
this section, is interchangeable with the word ``artificial'' used in
IEC 60092-502.
(b) A ventilation system must--
(1) Be positioned so as not to recycle vapors from ventilation
discharges;
(2) Have its operational controls outside the ventilated space, if
the system is mechanical; and
(3) Have a protective metal screen of not more than 13 mm (0.512
in.) square mesh on each ventilation intake and exhaust opening.
(c) The mechanical ventilation of enclosed flammable or combustible
liquid cargo handling or cargo pump rooms must be sufficient to effect
a minimum complete 30 air changes per hour based on the volume of the
pump room and associated trunks up to the deck at which access from the
weather is provided. The power ventilation system must be designed to
remove vapors from the bottom of the space at points where
concentrations of vapors may be expected.
(d) The following spaces must have a supply-type mechanical
ventilation system capable of providing at least 8 air changes per
hour:
(1) Each space that contains electric motors for cargo handling
equipment.
(2) Each cargo control station.

Sec. 111.106-17 Piping: electrical bonding.

(a) Tanks or piping systems that are separated from the hull
structure by thermal isolation must be electrically bonded to the hull
structure by a method under paragraph (c) of this section.
(b) A pipe joint or a hose connection fitting that has a gasket
must be electrically bonded by a method under paragraph (c) of this
section that bonds--
(1) Both sides of the connection to the hull structure; or
(2) Each side of the connection to the other side.
(c) An electrical bond must be made by at least one of the
following methods:
(1) A metal bonding strap attached by welding or bolting;
(2) Two or more bolts that give metal-to-metal contact between the
bolts and the parts to be bonded; or
(3) Other metal-to-metal contact between adjacent parts under
designed operating conditions..

PART 125--GENERAL

0
21. The authority citation for part 125 is revised to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804;
sec. 617, Pub. L. 111-281, 124 Stat. 2905; Department of Homeland
Security Delegation No. 0170.1.

0
22. Amend Sec. 125.100 as follows:
0
a. In paragraph (a), remove the words ``paragraph (c)'' and add, in
their place, the words ``paragraphs (c) or (e)'';
0
b. In paragraph (b) introductory text, remove the word ``be'' and add,
in its place, the words ``have been'';
0
c. In paragraph (c), remove the word ``complete'' and add, in its
place, the words ``have completed'';
0
d. Redesignate paragraphs (d) and (e) as new paragraphs (f) and (g),
respectively;
0
e. Add new paragraphs (d) and (e);
0
f. In redesignated paragraph (g), remove the word ``alteration'' and
add, in its place, the word ``conversion''; and
0
g. In the Note, after the word ``Note'', add the words ``to Sec.
125.100''.
The additions read as follows:

Sec. 125.100 Applicability.

* * * * *
(d) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned), as defined in Sec. 125.160 of this part, contracted for, or
the keel of which was laid, before August 18, 2014, must be constructed
and inspected to comply with--
(1) The regulations in effect until August 18, 2014 (46 CFR
subchapter I), as they existed at the time of construction; or
(2) The regulations in this subchapter.
(e) Each OSV constructed and inspected in accordance with paragraph
(d)(1) of this section must complete construction and have a
Certificate of Inspection by August 18, 2016.
* * * * *

0
23. Add Sec. 125.103 to read as follows:

Sec. 125.103 Tonnage measurement.

(a) An OSV of at least 6,000 gross tonnage, as measured under
section 14302 of Title 46, United States Code (hereafter referred to as
an OSV of at least 6,000 GT ITC), must apply all regulations of the
Coast Guard that depend on the vessel's tonnage using the tonnage as
measured under the Convention measurement system.
(b) An OSV that is measured only under section 14502 of Title 46,
United States Code, and that is at least 500 gross register tons as
measured under that system (hereafter referred to as an OSV of at least
500 GRT), must apply all regulations of the Coast Guard that depend on
the vessel's tonnage as if the

[[Page 48933]]

vessel's tonnage were at least 6,000 GT ITC.
(c) In this subchapter, tonnage thresholds expressed in terms of
``gross tons'' are applied using GRT, if assigned, and GT ITC if GRT is
not assigned.

0
24. Add Sec. 125.105 to read as follows:

Sec. 125.105 International certificates for OSVs of at least 6,000 GT
ITC.

An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned)
must obtain and maintain the following international certificates as a
prerequisite to obtaining a Certificate of Inspection:
(a) Cargo Ship Safety Construction Certificate in accordance with
the International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS, 1974, as amended).
(b) Cargo Ship Safety Equipment Certificate in accordance with
SOLAS, 1974, as amended.
(c) Safety Management Certificate in accordance with SOLAS, 1974,
as amended.
(d) International Oil Pollution Prevention Certificate in
accordance with the International Convention for the Prevention of
Pollution at Sea, as amended (MARPOL 73/78).
(e) International Air Pollution Prevention Certificate in
accordance with MARPOL 73/78.
(f) International Load Line Certificate in accordance with the
International Convention on Load Lines, 1966, as subsequently modified
by its Protocol of 1988, as amended.

0
25. Amend Sec. 125.110 by adding paragraphs (b)(3) and (e) to read as
follows:

Sec. 125.110 Carriage of flammable or combustible liquid cargoes in
bulk.

* * * * *
(b) * * *
(3) Other flammable or combustible liquids as authorized in Sec.
125.125 of this part.
* * * * *
(e) On an OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned), tanks authorized for carriage of oil as defined by 33 CFR
157.03, including drilling fluids containing oil as defined by 33 CFR
157.03, must comply with double hull requirements stated in 33 CFR
157.10d.
Note to Sec. 125.110(e): Additional limitations on the carriage of
flammable or combustible liquid cargoes are found in Sec. 127.650 of
this part.

0
26. Add Sec. 125.115 to read as follows:

Sec. 125.115 Oil fuel tank protection.

(a) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) that is delivered after August 1, 2010, with an aggregate
capacity of 600 cubic meters or more of oil fuel, must comply with the
requirements of Regulation 12A of Annex I to MARPOL 73/78 (incorporated
by reference, see Sec. 125.180) at all times.
(b) Transfer of excess fuel oil from the fuel supply tanks of an
OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) to an
offshore drilling or production facility will not cause Subchapter D of
this chapter to apply to the OSV, provided that the vessel is--
(1) Not a tankship as defined in 46 CFR 30.10-67; and
(2) In the service of oil exploitation.

0
27. In Sec. 125.120, revise the section heading and paragraph (a) to
read as follows:

Sec. 125.120 Carriage of noxious liquid substances in bulk by OSVs of
less than 6,000 GT ITC (500 GRT if GT ITC is not assigned).

(a) Except as provided by this section, no OSV of less than 6,000
GT ITC (500 GRT if GT ITC is not assigned) may carry a noxious liquid
substance (NLS) in bulk without the approval of the Commandant (CG-
ENG).
* * * * *

0
28. Add Sec. 125.125 to read as follows:

Sec. 125.125 Carriage of noxious liquid substances in bulk by OSVs of
at least 6,000 GT ITC (500 GRT if GT ITC is not assigned).

(a) Except as provided by this section, no OSV of at least 6,000 GT
ITC (500 GRT if GT ITC is not assigned) may carry a noxious liquid
substance (NLS) in bulk without the approval of the Commandant (CG-
ENG).
(b) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) holding a valid Certificate of Fitness or a International
Pollution Prevention Certificate for the Carriage of Noxious Liquid
Substances in Bulk in accordance with the provisions of IMO Resolution
A.673(16) (incorporated by reference, see Sec. 125.180), may carry in
integral and fixed independent tanks--
(1) Drilling fluids, including muds, brines, and salts, subject to
paragraph (c) of this section and Sec. 125.110 of this subpart; and
(2) Additional NLSs that are--
(i) Hazardous and noxious liquids listed in Appendix 1 of IMO
Resolution A.673(16);
(ii) Products that may be carried on a type 3 ship, as defined by
the IBC Code (incorporated by reference, see Sec. 125.180), except
that cargoes with an ``S'' designation in the hazard column (column d)
in Chapter 17 of the IBC Code may only be carried if they are not
designated as toxic products as per section 15.12 of that Code; or
(iii) Not listed in Chapter 17 of the IBC Code, but otherwise meet
the specific carriage requirements established by the Commandant (CG-
ENG).
(c) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) that meets the stability and cargo tank location
requirements--
(1) Of IMO Resolution A.673(16) may carry any of those cargoes
listed in paragraph (b) of this section up to a maximum aggregate
quantity of 800 cubic meters or 40 percent of the vessel's deadweight
calculated with a cargo density of 1.0, whichever is less; or
(2) Of a well stimulation vessel in accordance with IMO Resolution
A.673(16) may carry--
(i) In unlimited quantity, those combustible cargoes in paragraph
(b)(1) of this section, as defined in 46 CFR 30.10-15; and
(ii) In quantities not to exceed 20 percent of the vessel's
deadweight, drilling fluids of Grade C, as defined in Sec. 30.10-22 of
this chapter, and those cargoes in paragraph (b)(2) of this section.
(d) Each OSV carrying NLS in bulk in integral tanks or fixed
independent tanks must maintain a Cargo Record Book and have on board
an approved Shipboard Marine Pollution Emergency Plan in accordance
with Annex II to MARPOL 73/78 (incorporated by reference, see Sec.
125.180).
(e) An OSV is not allowed to discharge NLS residues into the sea.
This must be stated in the approved Procedures and Arrangements Manual
required by Regulation 14 of Annex II to MARPOL 73/78. The Manual may,
in lieu of the requirements as outlined in Annex II Appendix 4, be
approved with the following changes:
(1) Section 2.6 may read ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea, and is
not equipped with an underwater discharge outlet.''
(2) Section 2.8 may be marked ``N/A''.
(3) Section 2.9 may read, ``This vessel is not equipped with a tank
washing system.'', unless the vessel is equipped with a tank washing
system.
(4) Section 3.3 may read, ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea and is
not equipped with a tank stripping system.'', unless the vessel is
equipped with a tank stripping system.
(5) Section 4.4.2 may read, ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea and is
not equipped

[[Page 48934]]

with a tank stripping system.'', unless the vessel is equipped with a
tank stripping system.
(6) Section 4.4.3 may read, ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea.''
(7) Section 4.4.6 should refer the reader to appropriate
compatibility guides.
(8) Section 4.4.7 may read, ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea. All NLS
residues must be discharged to an appropriate reception facility.''
(9) Section 4.4.8 may read, ``This vessel is prohibited from
discharging Noxious Liquid Substance (NLS) residues to the sea.''
(10) Section 4.4.9 may read, ``All cleaning agents and additives
must be treated as substances of their assigned NLS category. This
vessel is prohibited from discharging Noxious Liquid Substance (NLS)
residues to the sea. All NLS residues must be discharged to an
appropriate reception facility.''
(11) Section 4.4.10 may be marked ``N/A''.
(f) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) may transfer the following materials to and from a portable
tank by following the procedures in Sec. 98.30, including Sec. 98.30-
17 (b)(2), of this chapter:
(1) The materials in Sec. 98.30-5 of this chapter.
(2) Hazardous and noxious liquids listed in appendix 1 of IMO
Resolution A.673(16).
(3) Products which may be carried on a type 2 or 3 ship, as defined
by the IBC Code.
(4) Products which may be carried with a cargo containment system
II or III, as defined by Table 1 to part 153.
(g) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) may not transfer Certain Dangerous Cargoes, as defined by 33
CFR 160.204, to or from a portable tank.

0
29. Amend Sec. 125.140 by redesignating the existing text as paragraph
(a) and adding paragraph (b) to read as follows:

Sec. 125.140 Loadlines.

* * * * *
(b) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must be assigned an international load line in accordance
with the International Convention on Load Lines, 1966, as amended
(incorporated by reference, see Sec. 125.180).

0
30. Revise Sec. 125.150 to read as follows:

Sec. 125.150 Lifesaving systems.

(a) Lifesaving appliances and arrangements on OSVs of less than
6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with part
133 of this subchapter.
(b) Lifesaving appliances and arrangements on OSVs of at least
6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with
subparts A, B, and D of part 199 of this chapter.

0
31. Amend Sec. 125.160 as follows:
0
a. Add the definitions, in alphabetical order, for ``Gross register
tons or GRT'', and ``Gross tonnage ITC or GT ITC'';
0
b. Revise the definition for ``Offshore supply vessel''; and
0
c. Remove the definition of ``OSV''.
The additions and revision read as follows:

Sec. 125.160 Definitions.

* * * * *
Gross register tons or GRT means the gross ton measurement of the
vessel under the Regulatory Measurement System described in 46 U.S.C.
14502.
Gross tonnage ITC or GT ITC means the gross tonnage measurement of
the vessel under the Convention Measurement System described in 46
U.S.C. 14302.
* * * * *
Offshore supply vessel or OSV means a vessel that--
(1) Is propelled by machinery other than steam;
(2) Does not meet the definition of a passenger-carrying vessel in
46 U.S.C. 2101(22) or 46 U.S.C. 2101(35);
(3) Is more than 15 gross tons; and
(4) Regularly carries goods, supplies, individuals in addition to
the crew, or equipment in support of exploration, exploitation, or
production of offshore mineral or energy resources.
* * * * *

0
32. Revise Sec. 125.180 to read as follows:

Sec. 125.180 Incorporation by reference.

(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Coast Guard must publish
notice of change in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the U.S. Coast Guard, Office of Operating and
Environmental Standards (CG-OES), 2703 Martin Luther King Jr. Avenue
SE., Stop 7509, Washington, DC 20593-7126, and is available from the
sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.
(1) Rules for Building and Classing Steel Vessels Under 61 Meters
(200 Ft) in Length, 1983, IBR approved for Sec. 127.210.
(2) Rules for Building and Classing Steel Vessels, 1995, IBR
approved for Sec. Sec. 127.210 and 129.360.
(3) Rules for Building and Classing Aluminum Vessels, 1975, IBR
approved for Sec. 127.210.
(4) Rules for Building and Classing Mobile Offshore Drilling Units,
1994, IBR approved for Sec. Sec. 133.140 and 133.150.
(c) American National Standards Institute (ANSI), 25 West 43rd St.,
New York, NY 10036, 212-642-4900, http://www.ansi.org.
(1) B 31.1-1986--Code for Pressure Piping, Power Piping, IBR
approved for Sec. 128.240.
(2) Z 26.1-1977 (including 1980 Supplement)--Safety Code for Safety
Glazing Materials for Glazing Motor Vehicles Operating on Land
Highways, IBR approved for Sec. 127.430.
(d) American Society of Mechanical Engineers (ASME) International,
Three Park Avenue, New York, NY 10016-5990, 800-843-2763, http://www.asme.org.
(1) Boiler and Pressure Vessel Code Section I, Power Boilers, July
1989 with 1989 addenda, IBR approved for Sec. 128.240.
(2) [Reserved]
(e) ASTM International (formerly American Society for Testing and
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959,
610-832-9500, http://www.astm.org.
(1) ASTM D 93-97--Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (``ASTM D 93''), IBR approved for Sec.
128.310(a) and (b).
(2) ASTM F1014--02 (Reapproved 2007)--Standard Specification for
Flashlights on Vessels, approved May 1, 2007, IBR approved for Sec.
132.365(b).
(f) American Yacht and Boat Council, Inc. (AYBC): 3069 Solomon's
Island Rd., Edgewater, MD 21037-1416, 410-990-4460, http://www.abycinc.org.
(1) A-3-1993--Galley Stoves, IBR approved for Sec. 129.550.
(2) A-7-1970--Recommended Practices and Standards Covering Boat

[[Page 48935]]

Heating Systems, IBR approved for Sec. 129.550.
(3) E-1-1972--Bonding of Direct-Current Systems, IBR approved for
Sec. 129.120.
(4) E-8-1994--Alternating-Current (AC) Electrical Systems on Boats,
IBR approved for Sec. 129.120.
(5) E-9-1990--Direct-Current (DC) Electrical Systems on Boats, IBR
approved for Sec. 129.120.
(g) Institute of Electrical and Electronics Engineers (IEEE), IEEE
Service Center, 445 Hoes Lane, Piscataway, NJ 08855, 732-981-0060,
http://www.ieee.org.
(1) No. 45-1977--Recommended Practice for Electric Installations on
Shipboard, IBR approved for Sec. 129.340.
(2) [Reserved]
(h) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org.
(1) International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating thereto,
Consolidated Edition, 2006 (``MARPOL 73/78''), IBR approved for
Sec. Sec. 125.115(a) and 125.125(d) and (e).
(2) International Convention for the Safety of Life at Sea,
Consolidated Edition, 1992 (``SOLAS 74/83''), IBR approved for Sec.
126.170.
(3) International Convention for the Safety of Life at Sea, 1974,
as amended, Consolidated Edition, 2009, including Erratum (``SOLAS,
1974, as amended''), IBR approved for Sec. Sec. 127.225(a),
127.610(a), 127.620, 127.630, and 127.640(a).
(4) Resolution A.520(13)--Code of Practice for the Evaluation,
Testing and Acceptance of Prototype Novel Life-saving Appliances and
Arrangements, dated 17 November, 1983, IBR approved for Sec. 133.40.
(5) Resolution A.658(16)--Use and Fitting of Retro-Reflective
Materials on Life-saving Appliances, dated 20 November, 1989, IBR
approved for Sec. Sec. 131.855, 131.875, and 133.70.
(6) Guidelines for the Transport and Handling of Limited Amounts of
Hazardous and Noxious Liquid Substances in Bulk on Offshore Support
Vessels, 2007 edition (``Resolution A.673(16)''), IBR approved for
Sec. 125.125(b).
(7) Resolution A.760(18)--Symbols Related to Life-Saving Appliances
and Arrangements, dated 17 November, 1993, IBR approved for Sec. Sec.
131.875, 133.70, and 133.90.
(8) International Convention on Load Lines, 1966 and Protocol of
1988, as amended in 2003, Consolidated Edition, 2005 (``International
Convention on Load Lines, 1966''), IBR approved for Sec. 125.140(b).
(9) Annex 7 to IMO MEPC 52/54, Report of the Marine Environment
Protection Committee on its Fifty-Second Session, ``Resolution
MEPC.119(52), 2004 Amendments to the International Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (IBC Code),'' adopted October 15, 2004 (``IBC Code''), IBR
approved for Sec. 125.125(b).
(i) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269-9101, 617-770-3000, http://www.nfpa.org:
(1) NFPA 10--Standard for Portable Fire Extinguishers, 1994
Edition, IBR approved for Sec. 132.350.
(1) NFPA 70--National Electrical Code, 1993 Edition, IBR approved
for Sec. Sec. 129.320, 129.340 and 129.370.
(3) NFPA 302--Fire Protection Standard for Pleasure and Commercial
Motor Craft, 1994 Edition, IBR approved for Sec. 129.550.
(2) NFPA 306--Control of Gas Hazards on Vessels, 1993 Edition, IBR
approved for Sec. 126.160.
(3) NFPA 1963--Fire Hose Connections, 1993, IBR approved for Sec.
132.130.
(4) NFPA 10--Standard for Portable Fire Extinguishers, 1994, IBR
approved for Sec. 132.350.
(5) NFPA 302--Fire Protection Standard for Pleasure and Commercial
Motor Craft, 1994, IBR approved for Sec. 129.550.
(j) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory
Drive, Research Triangle Park, NC 27709-3995, 919-549-1400, http://www.ul.com:
(1) UL 19-1992--Lined Fire Hose and Hose Assemblies, IBR approved
for Sec. 132.130.
(2) UL 57-1976--Electric Lighting Fixtures, IBR approved for Sec.
129.410.
(3) UL 486A-1992--Wire Connectors and Soldering Lugs for Use with
Copper Conductors, IBR approved for Sec. 129.340.
(4) UL 489-1995--Molded-Case Circuit Breakers and Circuit-Breaker
Enclosures, IBR approved for Sec. 129.380.
(5) UL 595-1991--Marine-Type Electric Lighting Fixtures, IBR
approved for Sec. 129.410.
(6) UL 1570-1995--Fluorescent Lighting Fixtures, IBR approved for
Sec. 129.410.
(7) UL 1571-1995--Incandescent Lighting Fixtures, IBR approved for
Sec. 129.410.
(8) UL 1572-1995--High Intensity Discharge Lighting Fixtures, IBR
approved for Sec. 129.410.
(9) UL 1573-1995--Stage and Studio Lighting Units, IBR approved for
Sec. 129.410.
(10) UL 1574-1995--Track Lighting Systems, IBR approved for Sec.
129.410.

PART 126--INSPECTION AND CERTIFICATION

0
33. The authority citation for part 126 is revised to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46
U.S.C. Chapter 701; sec. 617, Pub. L. 111-281, 124 Stat. 2905;
Executive Order 11735, 38 FR 21243, 3 CFR 1971-1975 Comp., p. 793;
Department of Homeland Security Delegation No. 0170.1.

Sec. 126.170 [Amended]

0
34. In Sec. 126.170(a), after the words ``exceed 36'', add the words
``, unless the vessel meets the applicability and construction
requirements of subpart F of part 127 of this subchapter''.

PART 127--CONSTRUCTION AND ARRANGEMENTS

0
35. The authority citation for part 127 is revised to read as follows:

Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111-281, 124 Stat.
2905; Department of Homeland Security Delegation No. 0170.1.

0
36. Add Sec. 127.200 to subpart B to read as follows:

Sec. 127.200 Classification society standards.

Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must, in addition to the requirements contained elsewhere in
this subchapter, be classed by a classification society recognized
under the provisions of part 8 of subchapter A (Procedures Applicable
to the Public) of this chapter.

0
37. Add Sec. 127.225 to read as follows:

Sec. 127.225 Structural fire protection.

(a) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must comply with the provisions of Chapter II-2 of SOLAS,
1974, as amended (incorporated by reference, see Sec. 125.180), for
Method IC cargo ships.
(b) All structural fire-protection materials must be approved by
the Coast Guard in accordance with the regulations of subpart 2.75 of
this chapter.
(c) The exterior boundaries of superstructures, except wheelhouses,
containing accommodation, service and control spaces, facing the cargo
area must be constructed of steel and comply with Sec. Sec. 32.56-20,
32.56-21, and 32.56-22 of this chapter.
(d) Cargo pump rooms must be separated from accommodation spaces,
service spaces, and control stations by A-60 divisions.
(e) Cargo pump rooms must be separated from machinery spaces of
category A by A-0 divisions.

[[Page 48936]]

0
38. Amend Sec. 127.230 by redesignating the existing text as paragraph
(a) and adding paragraph (b) to read as follows:

Sec. 127.230 Subdivision and stability.

* * * * *
(b) An OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) that is of at least 80 meters in length is not required to
comply with part 174, subpart G of this chapter.

0
39. Add subpart F, consisting of Sec. Sec. 127.600 through 127.650, to
read as follows:

Subpart F--Construction and Arrangements for OSVs Carrying More
Than 36 Offshore Workers.

Sec.
127.600 Applicability.
127.610 Damage stability requirements.
127.620 Marine engineering requirements.
127.630 Electrical installation requirements.
127.640 Fire-protection requirements.
127.650 Bulk liquid cargo limitations.

Sec. 127.600 Applicability.

This subpart applies to OSVs of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned).

127.610 Damage stability requirements.

(a) Each OSV that is authorized to carry more than 240 persons must
comply with the following provisions of SOLAS, 1974, as amended, as
though the OSV is a passenger ship and the offshore workers are
considered as passengers: chapter II-1, parts B-1, B-2, and B-4, and
regulation II-1/35-1 (incorporated by reference, see Sec. 125.180).
(b) Each OSV that is authorized to carry less than 240 persons must
comply with the provisions of chapter II-1 of SOLAS, 1974, as amended:
(1) Part B-1 and regulation II-1/35-1 of SOLAS, 1974, as amended,
as though the OSV is a passenger ship and the offshore workers are
considered as passengers, except that--
(i) The required subdivision index used must be the R value
calculated according to regulation II-1/6.2.3 of SOLAS, 1974, as
amended, multiplied by the factor F, where:

F = (N + 720)/960
N = total number of persons authorized;
and

(ii) Compliance with regulations II-1/8 and II-1/8-1 of SOLAS,
1974, as amended, is not required.
(2) Parts B-2 and B-4 as though the OSV is a cargo ship and the
offshore workers are considered as crew, except that regulations II-1/
9, II-1/13, II-1/19, II-1/20, and II-1/21 of SOLAS, 1974, as amended,
must be applied as though the OSV is a passenger ship.

Sec. 127.620 Marine engineering requirements.

Steering gear on OSVs authorized for carriage of more than 240
persons must comply with regulation II-1/29.6.1.1 of SOLAS, 1974, as
amended (incorporated by reference, see Sec. 125.180) in lieu of SOLAS
regulation II-1/29.6.1.2.

Sec. 127.630 Electrical installation requirements.

Electrical installations must comply with regulation II--1/42 of
SOLAS, 1974, as amended (incorporated by reference, see Sec. 125.180)
in lieu of regulation II-1/43.

Sec. 127.640 Fire-protection requirements.

(a) Except as provided in this section, each OSV must comply with
the fire-protection provisions of chapter II-2 of SOLAS, 1974, as
amended (incorporated by reference, see Sec. 125.180) applicable to
passenger vessels carrying more than 36 passengers.
(b) OSVs authorized for carriage of 240 or fewer persons may comply
with the fire-protection provisions of chapter II-2 of SOLAS, 1974, as
amended, applicable to passenger vessels carrying not more than 36
passengers but need not comply with regulations II-2/21 and II-2/22.

Sec. 127.650 Bulk liquid cargo limitations.

Notwithstanding Sec. 125.110 of this subchapter, no OSV carrying
more than 240 total persons may carry flammable or combustible liquid
cargoes of Grade D or higher in bulk.

PART 128--MARINE ENGINEERING: EQUIPMENT AND SYSTEMS

0
40. The authority citation for part 128 is revised to read as follows:

Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111-281, 124 Stat.
2905; Department of Homeland Security Delegation No. 0170.1.

0
41. Revise Sec. 128.110 to read as follows:

Sec. 128.110 Equipment and systems.

(a) Except as provided by this part, the design, installation,
testing, and inspection of materials, machinery, pressure vessels, and
piping for OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must comply with subchapter F of this chapter.
(b) Except as specifically provided by Sec. 128.310, the design,
plan approval, installation, testing, and inspection of materials,
machinery, automation, pressure vessels, and piping for OSVs of at
least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must comply with
subchapter F of this chapter.
(c) This part contains requirements for equipment and systems
commonly found on an OSV. If additional or unique systems, such as for
low-temperature cargoes, are to be installed, they must comply with
subchapter F of this chapter.

0
42. Revise Sec. 128.310 to read as follows:

Sec. 128.310 Fuel.

(a) OSVs of less than 6,000 GT ITC (500 GRT if GT ITC is not
assigned). (1) Except as provided in paragraph (a)(2) of this section,
each internal-combustion engine installed on an OSV of less than 6,000
GT ITC (500 GRT if GT ITC is not assigned), whether for main propulsion
or for auxiliaries, must be driven by a fuel having a flashpoint of not
lower than 43[deg] C (110[deg] F) as determined by ASTM D 93
(incorporated by reference, see Sec. 125.180).
(2) The use of a fuel with a flashpoint of lower than 43[deg] C
(110[deg] F) must be specifically approved by the Commandant (CG-ENG),
except in an engine for a gasoline-powered rescue boat.
(b) OSVs of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned). (1) Except as provided by paragraph (b)(2) of this section,
each internal-combustion engine installed on an OSV of at least 6,000
GT ITC (500 GRT if GT ITC is not assigned), whether for main propulsion
or for auxiliaries, must be driven by a fuel having a flashpoint not
lower than 60[deg] C (140[deg] F) as determined by ASTM D 93
(incorporated by reference, see Sec. 125.180).
(2) The use of a fuel with a flashpoint lower than 60[deg] C
(140[deg] F) must be specifically approved by the Commandant (CG-ENG),
except in an engine for a gasoline-powered rescue boat or emergency
generator, or as provided in paragraph (b)(2) of this section.

PART 129--ELECTRICAL INSTALLATIONS

0
43. The authority citation for part 129 is revised to read as follows:

Authority: 46 U.S.C. 3306; sec. 617, Pub. L. 111-281, 124 Stat.
2905; Department of Homeland Security Delegation No. 0170.1.

0
44. Revise Sec. 129.110 to read as follows:

Sec. 129.110 Applicability.

(a) Electrical installations on OSVs of at least 6,000 GT ITC (500
GRT if GT ITC is not assigned) must comply with subchapter J of this
chapter.

[[Page 48937]]

(b) Except as specifically provided in this subchapter, electrical
installations on an OSV of less than 6,000 GT ITC (500 GRT if GT ITC is
not assigned) must comply with subchapter J of this chapter.

0
45. Amend Sec. 129.315 by revising the section heading and paragraph
(a) to read as follows:

Sec. 129.315 Power sources for OSVs.

(a) The requirements of this section apply to OSVs between 100 GRT
and 500 GRT or less than 6,000 GT ITC instead of those in subpart
111.10 of this chapter.
* * * * *

0
46. Add Sec. 129.570 to read as follows:

Sec. 129.570 Overfill protection.

(a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT
if GT ITC is not assigned).
(b) Each cargo oil tank with a capacity of 1,000 or more cubic
meters (approximately 6,290 barrels) must have one overfill device that
is permanently installed on each oil tank, with an intrinsically safe
high-level alarm that meets the requirements of this section.
(c) The high-level alarm and tank overfill alarm required by
paragraph (b) of this section must--
(1) Be independent of each other;
(2) Alarm in the event of loss of power to the alarm system or
failure of electrical circuitry to the tank level sensor; and
(3) Be able to be checked at the tank for proper operation prior to
each transfer or contain an electronic self-testing feature that
monitors the condition of the alarm circuitry and sensor.
(d) The high-level alarm required by paragraph (b) of this section
must--
(1) Alarm before the tank overfill alarm, but before the tank
capacity goes below 95 percent;
(2) Be appropriately marked at the indicator panel; and
(3) Have audible and visible alarm indications that can be seen and
heard on the vessel where oil transfer is controlled.
(e) The tank overfill alarm required by paragraph (b) of this
section must--
(1) Be independent of the oil gauging system;
(2) Alarm early enough to allow the person in charge of transfer
operations to stop the transfer operation before the oil tank
overflows;
(3) Be appropriately marked at the indicator panel; and
(4) Have audible and visible alarm indications that can be seen and
heard on the vessel where oil transfer is controlled and in the cargo
deck area.

PART 130--VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS

0
47. The authority citation for part 130 is revised to read as follows:

Authority: 46 U.S.C. 3306; Department of Homeland Security
Delegation No. 0170.1. Sections 130.140 and 130.400 also issued
under sec. 617, Pub. L. 111-281, 124 Stat. 2905.

Sec. 130.140 [Amended]

0
48. In Sec. 130.140(a) introductory text, remove the words ``Each OSV
of 100 or more gross tons'' and add, in their place, the words ``Except
as provided in Sec. 128.110 of this subchapter, each OSV of 100 GRT or
more''.

Sec. 130.400 [Amended]

0
49. In Sec. 130.400, remove the word ``This'' and add, in its place,
the words ``Except as provided in Sec. 128.110 of this subchapter,
this''.

PART 131--OPERATIONS

0
50. The authority citation for part 131 is revised to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O.
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p.
351; Department of Homeland Security Delegation No. 0170.1. Section
131.990 also issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.

0
51. Add Sec. 131.990 to read as follows:

Sec. 131.990 Maneuvering characteristics.

This section applies to OSVs of at least 6,000 GT ITC (500 GRT if
GT ITC is not assigned).
(a) The following maneuvering information must be prominently
displayed in the pilothouse on a fact sheet:
(1) For full and half speed, a turning circle diagram to port and
starboard that shows the time and the distance of advance and transfer
required to alter the course 90 degrees with maximum rudder angle and
constant power settings.
(2) The time and distance to stop the vessel from full and half
speed while maintaining approximately the initial heading with minimum
application of rudder.
(3) For each vessel with a fixed propeller, a table of shaft
revolutions per minute for a representative range of speeds.
(4) For each vessel with a controllable pitch propeller, a table of
control settings or a representative range of speeds.
(5) For each vessel that is fitted with an auxiliary device to
assist in maneuvering, such as a bow thruster, a table of vessel speeds
at which the auxiliary device is effective in maneuvering the vessel.
(b) The maneuvering information must be provided in the normal load
and normal light condition with normal trim for a particular condition
of loading, assuming the following:
(1) Calm weather--wind 10 knots or less, calm sea.
(2) No current.
(3) Deep water conditions--water depth twice the vessel's draft or
more.
(4) Clean hull.
(c) At the bottom of the fact sheet, the following statement must
appear:
(1) Warning, the response of the [NAME OF THE VESSEL] may be
different from those listed above if any of the following conditions,
upon which the maneuvering information is based, are varied:
(i) Calm weather--wind 10 knots or less, calm sea.
(ii) No current.
(iii) Deep water conditions--water depth twice the vessel's draft
or more.
(iv) Clean hull.
(v) Intermediate drafts or unusual trim.
(d) The information on the fact sheet must be--
(1) Verified 6 months after the vessel is placed into service; or
(2) Modified 6 months after the vessel is placed into service and
verified within 3 months thereafter.
(e) The information that appears on the fact sheet may be obtained
from--
(1) Trial trip observations;
(2) Model tests;
(3) Analytical calculations;
(4) Simulations;
(5) Information established from another vessel of similar hull
form, power, rudder and propeller; or
(6) Any combination of the above.
(f) The accuracy of the information on the fact sheet must be at a
level comparable with that attainable by ordinary shipboard navigation
equipment.
(g) The requirements for information for fact sheets for
specialized craft, such as semi-submersibles and other vessels of
unusual design, will be specified on a case-by-case basis.

PART 132--FIRE-PROTECTION EQUIPMENT

0
52. The authority citation for part 132 is revised to read as follows:

Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; Department of Homeland Security Delegation No. 0170.1.

0
53. Amend Sec. 132.100 by redesignating paragraph (d) as paragraph (e)
and adding paragraph (d) to read as follows:

[[Page 48938]]

Sec. 132.100 General.

* * * * *
(d) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must, in addition to complying with the requirements
necessary to satisfy Sec. 125.105(a) and (b) of this subchapter--
(1) Have two fire pumps, each capable of delivering water
simultaneously from the two highest outlets at a pitot tube pressure of
approximately 75 p.s.i.; and
(2) Have fire hoses and nozzles that comply with Sec. 34.10-10 of
this chapter.

0
54. Add Sec. 132.200 to subpart B to read as follows:

Sec. 132.200 General.

(a) Except as provided by paragraph (b) of this section, each OSV
must be equipped with portable and semiportable fire extinguishers that
comply with this subpart.
(b) Each OSV of at least 6,000 GT ITC (500 GRT if GT ITC is not
assigned) must, in addition to complying with the requirements
necessary to satisfy Sec. 125.105(a) and (b) of this subchapter, be
equipped with the number and type of portable and semiportable fire
extinguishers listed in Sec. 34.50 of this chapter.

0
55. Add Sec. 132.365 to read as follows:

Sec. 132.365 Emergency outfits.

(a) Two emergency outfits, stored for use in widely separated,
accessible locations, are required on all OSVs of at least 6,000 GT ITC
(500 GRT if GT ITC is not assigned) that have cargo tanks that exceed
15 feet in depth, measured from the tank top to the lowest point at
which cargo is carried.
(b) Each emergency outfit must have on board the following
equipment:
(1) One pressure-demand, open-circuit, self-contained breathing
apparatus, approved by the Mine Safety and Health Administration and by
the National Institute for Occupational Safety and Health and having at
a minimum a 30-minute air supply, a full facepiece, and a spare charge.
(2) One lifeline with a belt or a suitable harness.
(3) One Type II or Type III flashlight constructed and marked in
accordance with ASTM F1014--02 (incorporated by reference, see Sec.
125.180).
(4) One fire axe.
(5) One pair of boots and gloves of rubber or other electrically
nonconducting material.
(6) One rigid helmet that provides effective protection against
impact.
(7) One set of protective clothing of material that will protect
the skin from the heat of fire and burns from scalding steam. The outer
surface must be water resistant.
(c) Lifelines must be of steel or bronze wire rope. Steel wire rope
must be either inherently corrosion resistant or made so by galvanizing
or tinning. Each end must be fitted with a hook with keeper having a
throat opening that can be readily slipped over a \5/8\-inch bolt. The
total length of the lifeline must be dependent upon the size and
arrangement of the vessel, and more than one line may be hooked
together to achieve the necessary length. No individual lifeline may be
less than 50 feet in length. The assembled lifeline must have a minimum
breaking strength of 1,500 pounds.

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56. Add Sec. 132.390 to read as follows:

Sec. 132.390 Added requirements for carriage of flammable or
combustible cargo.

(a) This section applies to OSVs of at least 6,000 GT ITC (500 GRT
if GT ITC is not assigned).
(b) Cargo tanks containing flammable or combustible liquids must
not be located beneath the accommodations or machinery space.
Separation by cofferdams is not acceptable for meeting this
requirement.
(c) Except for OSVs complying with paragraph (d)(1) of this
section, each OSV must carry at least two approved semiportable dry
chemical fire extinguishers for the protection of all weather deck
areas within 10 feet (3 m) of any tank openings, pumps, flanges,
valves, vents, or loading manifolds. Each extinguisher must have--
(1) A minimum capacity of 135 kg. If the protected area exceeds 90
m\2\, additional extinguishers must be provided to supply a total
combined capacity of dry chemical in kilograms equal to the total
combined protected area in square meters multiplied by 3;
(2) A minimum flow rate of 3 kg/min from each discharge hose;
(3) A sufficient number of discharge hoses of adequate length to
protect the areas required above without moving any of the
extinguishers; and
(4) The frame or support for each semi-portable dry chemical fire
extinguisher welded or otherwise permanently attached to the vessel's
structure.
(d) Each OSV with fixed cargo tanks that have an aggregate capacity
of 3,000 cubic meters or more intended for the carriage of flammable or
combustible liquids with a closed-cup flashpoint of 60[deg] C or below
must have:
(1) An approved fixed-deck foam system arranged as follows:
(i) If the flammable or combustible liquid tanks extend vertically
to the weather deck, the foam system must comply with Sec. Sec. 34.20-
10 and 34.20-15 of this chapter, and protect the entire weather deck
cargo area, including any tank openings, pumps, flanges, valves, vents,
or loading manifolds. If petroleum products are carried, the minimum
foam system discharge rate in liters per minute must be determined by
multiplying the total cargo deck area by 6 lpm/m\2\. If polar solvent
cargoes are carried, the minimum foam system discharge rate in liters
per minute must be determined by multiplying the total cargo deck area
by 10 lpm/m\2\, unless the approved foam system design manual specifies
a different rate for the cargoes carried.
(ii) If the flammable or combustible liquid tanks do not extend
vertically to the weather deck, the foam system must be capable of
protecting all weather deck areas within 10 feet (3 m) of any tank
openings, pumps, flanges, valves, vents, or loading manifolds. The foam
system must consist of at least one hoseline, and either fixed-foam
monitors or fixed-foam nozzles that provide foam coverage of all
required areas. The minimum foam system discharge rate must be
calculated in accordance with paragraph (d)(1)(i) of this section,
using the combined horizontal area of all parts of the deck requiring
protection, instead of the total deck area.
(iii) All foam liquid concentrate must be compatible with all
flammable or combustible liquids carried.
(iv) Sufficient foam liquid concentrate must be carried to allow
operation of the system at its maximum discharge rate for at least 20
minutes.
(2) A fixed-gas fire-suppression system complying with Sec. 34.05-
5(a)(4) of this chapter, or other approved fire-extinguishing system
determined acceptable by the Commandant, for the protection of any
accessible below-deck cargo pump rooms or other spaces that have tank
openings, pumps, flanges, valves, or loading manifolds associated with
tanks carrying flammable or combustible liquids with a closed cup
flashpoint of 60[deg] C or below.

PART 134--ADDED PROVISIONS FOR LIFTBOATS

0
57. The authority citation for part 134 is revised to read as follows:

Authority: 46 U.S.C. 3306, 3307; Department of Homeland
Security Delegation No. 0170.1. Section 134.100 also issued under
sec. 617, Pub. L. 111-281, 124 Stat. 2905.

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58. Revise Sec. 134.100 to read as follows:

Sec. 134.100 Applicability.

(a) This part, as well as parts 125 through 133 of this subchapter,
applies

[[Page 48939]]

to each liftboat of United States flag to which this subchapter
applies.
(b) The design, construction and operating standards for liftboats
of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) must be
specially approved by Commandant (CG-5PS).

PART 174--SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES

0
59. The authority citation for part 174 is revised to read as follows:

Authority: 42 U.S.C. 9118, 9119, 9153; 43 U.S.C. 1333; 46
U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security Delegation No. 0170.1. Section
174.180 also issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.

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60. Revise Sec. 174.180 to read as follows:

Sec. 174.180 Applicability.

This subpart applies to OSVs except liftboats inspected under
subchapter L of this chapter and OSVs of at least 6,000 GT ITC (500 GRT
if GT ITC is not assigned) as defined in Sec. 125.160 of this chapter.

Dated: July 28, 2014.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2014-18721 Filed 8-15-14; 8:45 am]
BILLING CODE 9110-04-P