Offshore Supply Vessels of at Least 6,000 GT ITC, 48893-48939 [2014-18721]
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Vol. 79
Monday,
No. 159
August 18, 2014
Part V
Department of Homeland Security
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Coast Guard
46 CFR Parts 2, 15, 61, et al.
Offshore Supply Vessels of at Least 6,000 GT ITC; Final Rule
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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:
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SUMMARY:
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(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
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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.
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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.
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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).
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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
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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)
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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).
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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
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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
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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,
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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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-
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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).
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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
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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,
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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).
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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.
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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
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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 .................
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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.
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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 ...................
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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.
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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
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Cost Impacts of the Specific Changes of
the Interim Rule
Title 46—Shipping
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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 ..................
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Subject
62.01–5 ......
Change to clarify applicability
to include large OSVs.
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Origination of standard
Requirements for vital system automation were derived from existing Coast
Guard regulations.
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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.
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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.
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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).
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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
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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 ......
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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
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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)),
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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.
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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).
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Subject
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Origination of
standard
Fmt 4701
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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
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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 ..............................
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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.
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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
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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.
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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 ..................
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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
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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
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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.
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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
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Incorporation by reference ..............
110.10–1 ........................................
Definitions ........................................
Plans and information required for
new construction.
110.15–1 ........................................
110.25–1 ........................................
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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.
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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 ..................
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Classification Society Standards .....
127.225 ..........................................
Subdivision and stability ..................
127.230 ..........................................
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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.
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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 ..........................................
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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
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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.
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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
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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 ................................
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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
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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.
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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.
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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
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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.
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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,
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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
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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
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18:26 Aug 15, 2014
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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
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•
•
•
•
•
•
•
•
•
•
•
•
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’’)
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• 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,
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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.
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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.
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§ 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:
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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
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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:
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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’’.
■
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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
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*
*
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(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
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Offshore supply vessels.
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(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
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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,
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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.
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(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
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(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:
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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
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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.
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(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
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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]
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(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).
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(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.
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(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
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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.
*
*
*
*
*
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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:
■
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§ 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.
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§ 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
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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)
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(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
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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).
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§ 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.
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(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.
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§ 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.
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§ 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.
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§ 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..
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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
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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.
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*
*
*
*
*
(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
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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
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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
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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.
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*
*
*
*
*
(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:
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§ 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
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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
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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,
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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.
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(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.
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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:
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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
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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
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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.
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(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.
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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
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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:
■
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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.
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(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
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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
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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
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48939
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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\
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\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.
0
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.
0
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.
0
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