[Federal Register: August 5, 2004 (Volume 69, Number 150)]
[Rules and Regulations]
[Page 47378-47384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au04-16]
[[Page 47378]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 71, 114, 115, 125, 126, 167, 169, 175, and 176
[USCG-2000-6858]
RIN 1625-AA57
Alternate Hull Examinations Program for Certain Passenger
Vessels, and Underwater Surveys for Nautical School, Offshore Supply,
Passenger and Sailing School Vessels
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing an alternative hull
examination program for certain passenger vessels, and giving nautical
school, offshore supply, passenger and sailing school vessels the
option of having alternating drydock examinations with underwater
surveys. It is also establishing examination processes, which give
industry additional latitude in scheduling inspections and will create
parity between passenger vessels and all other Coast Guard-inspected
vessels.
DATES: This final rule is effective September 7, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2000-6858 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at http://dms.dot.gov.
Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Martin Walker, Office of Compliance (G-MOC) Coast Guard,
telephone 202-267-1047. If you have questions on viewing the docket,
call Dorothy Beard, Chief, Dockets, Department of Transportation,
telephone 202-366-5149.
SUPPLEMENTARY INFORMATION:
Regulatory History
The project was originally part of a notice of proposed rulemaking
(NPRM) entitled ``Frequency of Inspection, Alternate Hull Examination
Program for Certain Passenger Vessels, and Underwater Surveys for
Passenger, Nautical School, and Sailing School Vessels'' that was
published on November 15, 1999, in the Federal Register [64 FR 62018].
A final rule, dealing only with ``Frequency of Inspection''
regulations, was published on February 9, 2000 [65 FR 6494], so that we
could meet the International Convention for the Safety of Life at Sea,
1974 (SOLAS), and the International Convention on Load Lines compliance
date of February 3, 2000. This allowed us to analyze the large number
of comments on the Alternate Hull Examination and Underwater Survey
portions of the NPRM independently from the comments addressing the
``Frequency of Inspections'' regulations.
On April 29, 2002, we published an interim rule with request for
comments entitled ``Alternate Hull Examinations Program for Certain
Passenger Vessels, and Underwater Surveys for Nautical School, Offshore
Supply, Passenger and Sailing School Vessels'' in the Federal Register
[67 FR 21062]. We received 51 comments on the interim rule.
Background and Purpose
Alternative Hull Examination (AHE) Program
Based on the results of an underwater survey demonstration
performed in May 1997, the Coast Guard created a pilot program that
allows owners or operators of qualified vessels to undergo an
alternative hull examination process. This examination process includes
an underwater survey and an internal structural examination along with
annual condition assessments and scheduled preventative maintenance.
The program allows owners and operators of qualified vessels to receive
a credit hull exam of up to five years depending on the chosen method
of hull examination.
Underwater Survey in Lieu of Drydocking (UWILD)
Inspected U.S. passenger vessels, nautical school ships (public and
civilian), off-shore supply vessels (OSVs) under 46 CFR chapter I,
subchapter L, and sailing school vessels lacked the regulatory option
of alternating drydock examinations with underwater surveys before the
interim rule [67 FR 21062] was published in the Federal Register on
April 29, 2002.
This rule, which adopts guidance from Navigation and Vessel
Inspection Circular (NVIC) 1-89, allows owners or operators of U.S.
passenger vessels, nautical school ships, OSVs, and sailing school
vessels with steel or aluminum hulls the voluntary option of
alternating underwater hull surveys with drydock examinations.
Discussion of Comments and Changes
The Coast Guard received 51 comments in response to the interim
rule with request for comment on the ``Alternate Hull Examination
Program for Certain Passenger, and Underwater Surveys for Nautical
School, Offshore Supply, Passenger and Sailing School Vessels''
published April 29, 2002, in the Federal Register [67 FR 21062]. All
changes in this Final Rule have been made in response to comments.
These changes are noted in the discussion of comments.
Public Meetings
Three commenters requested public meetings be held to discuss
various aspects of Alternative Hull Examinations (AHE). We extended the
original comment period by publishing the interim rule, rather than a
final rule. We further stated that if the public felt that a public
meeting was still necessary, it should submit a comment explaining why
there should be a meeting. The relatively low number of comments we
received did not state compelling reasons to hold a public meeting.
Therefore, we believe that the public has been afforded ample
opportunity to comment and that a public meeting is unnecessary.
General
One commenter said the frequency of internal exams of water ballast
tanks is not mentioned in the interim rule. We disagree. The definition
of ``internal structural exam'' includes ballast tanks, and Sec.
71.50-3 discusses the intervals for conducting internal structural
exams.
One commenter stated the phrase ``at alternate intervals'' should
be deleted from the first sentence in Sec. 71.50-5(c). We disagree.
The wording was designed to be the same as found in existing Underwater
Survey in Lieu of Drydocking (UWILD) regulations for other vessel
types. Further, we believe that the meaning is clear when taken in
context with the rest of the sentence, which discusses alternating
underwater surveys and drydock exams.
One commenter stated it should be clarified in Sec. Sec. 71.50-15,
115.620, and
[[Page 47379]]
176.620 that all four steps for entering or re-entering the AHE program
are needed when only divers are used for the examinations. We agree and
have changed the wording accordingly.
One commenter stated filing a report on underwater cleanliness
prior to an exam would unnecessarily increase the expense of a survey.
We agree, and have changed Sec. Sec. 71.50-19(d), 115.630(d), and
176.630(d) accordingly.
Two commenters made suggestions in regard to wording. One commenter
stated the phrase ``drydock extension'' in Sec. Sec. 71.50-29(a),
115.655(d), and 176.655 should instead be ``drydock credit.'' We agree
and have changed the wording.
One commenter said the impact on small businesses, a cost
assessment, or potential takings were not discussed in the interim
rule. We disagree. Both the interim rule and this final rule include
sections on impacts to small businesses, costs, and potential takings.
The Coast Guard stands by its analyses of these issues.
One commenter stated that the interim rule is overly prescriptive.
We disagree. The interim rule contains a level of direction and detail
that we believe is necessary to preserve vessel safety while maximizing
owner flexibility in the inspection of vessels.
Definition: Adequate Hull Protection System
Three commenters suggested changes in the definition for ``adequate
hull protection system'' in Sec. Sec. 71.50-1, 114.400, and 175.400.
Of those, two said the phrase ``sacrificial anodes'' should be used
instead of the word ``zinc''. One commenter asked that the word
``magnesium'' be included in the definition. We agree, and have changed
the definition to read ``sacrificial anodes'' versus ``zinc anodes''.
This new definition will allow for the inclusion of zinc or magnesium
anodes.
Double Inspections
Two commenters stated there is no need for inspections to be done
by both the Coast Guard and the American Bureau of Shipping (ABS). We
disagree. The delegation of Coast Guard inspection authority is outside
the scope of this rulemaking.
G-MOC Policy Letter 3-98
Two commenters stated that the G-MOC Policy Letter 3-98 should be
used as guidance in regard to hull marking instead of the language
included in the interim rule. We agree and have changed Sec. Sec.
71.50-27(a)(2), 115.650(a)(2), and 176.650(a)(2) to read similar to the
policy letter.
Hull Gauging
Three commenters responded to the gauging of a vessel's hull. Of
those, one stated multiple belts should be allowed as an alternative to
five random shots per plate. We disagree. Belt gaugings are already
required. The intent of the additional gaugings is to provide a greater
probability of detecting thinning areas in the hull plating. We do not
believe that gaugings taken 10 feet apart at the grid cables provide
the same level of inspection as five readings per plate.
One commenter said there should be a minimum of five gaugings per
plate, but that the third party examiner should be allowed to take the
readings at any location. We disagree. The commenter said that some
vessels do not have shell expansion diagrams, and that it is difficult
to determine where to gauge these vessels. We acknowledge that spacing
may not be easy, but believe that every effort should be made to spread
the gaugings out as intended.
One commenter stated it is unclear in Sec. Sec. 71.50-31(a),
115.660(a), and 176.660(a), who will do the audio gauging and conduct
the internal exams for the annual hull condition assessment. We agree
and have changed the wording to specify that vessel operators must do
the audio gauging and conduct the internal exams during the hull
condition assessment.
Hull Inspections
One commenter disagrees with the Coast Guard's assessment that
there is a ``significant limitation'' in a diver's ability to inspect
an entire hull. We disagree and believe that in anything other than
ideal conditions, the diver will have some degree of difficulty seeing
the surface, determining the exact location of a problem, and relaying
it back to the third party examiner. The remotely operated vehicle
(ROV) is able to overcome these difficulties to a greater degree.
Inspection Intervals: Remotely Operated Vehicle (ROV) vs. Diver-only
Six commenters questioned the difference in inspection intervals
allowed for a predominately used ROV exam versus a diver-only exam. In
addition, a Risk Based Decision Making (RBDM) study to assess the
effectiveness of Policy Letter 3-98, Drydock Extensions For Certain
Passenger Vessels, recommended that the interval be extended from 30
months to five years. Some commenters stated that a diver is required
for a portion of the ROV exam and that often the divers find problems
in the areas that are examined by the ROV. One commenter stated that
certain vessels on clear inland lakes have participated in a locally
managed program with good success using the five-year interval for
several years.
We agree in part. With the technology currently available, we
concur that divers must be used during a percentage of the exams, and
that, under some specific circumstances, a diver-only exam may achieve
a level comparable to that of an exam done predominately by a ROV. We,
however, do not believe the diver-only exam is as comprehensive as a
ROV exam. Furthermore, it is our belief that an inspection equivalent
to a drydock exam may be attained using a combination of the two
methods with the ROV covering at least 80 percent of the hull and the
diver examining those areas that are inaccessible for the ROV.
This is one of the reasons the authorized credit for the ROV exam
is five years and the diver-only exam is three years, but not more than
five years between exams.
The difference in the intervals was also part of the interim rule's
intent to allow the Officer in Charge, Marine Inspection (OCMI) to
grant a larger time frame between exams depending on the results. It is
also why the regulations allow the OCMI to waive the annual hull
condition assessment in cases where the results of the UWILD indicate
that it would be reasonable to do so.
We are adding a provision in Sec. Sec. 71.50-29(d), 115.655(d),
and 176.655(d) to allow the OCMI to waive the mid-period exam and, in
effect, grant the full five years of credit to a vessel when it is
examined under ideal conditions, and it is safe to do. Owners seeking a
waiver must submit a request at least 60 days before each scheduled
underwater exam.
One commenter said the word ``predominate'' is ambiguous in the
definition for ``underwater survey portion conducted primarily by an
approved underwater ROV'' in Sec. 71.50-1. We disagree. The note to
Sec. 71.50-15 below the paragraph clearly states that the hull
coverage for the ROV is at least 80 percent.
OCMI Responsibilities
Three commenters submitted views in regard to the OCMI's
responsibilities. Of those, two stated individual OCMIs should make the
final decision on eligibility requirements. We agree that the OCMI must
make the final decision on eligibility. The interim rule granted the
OCMI discretion to allow a vessel, which does not meet the eligibility
requirements, to participate when ``it is safe and reasonable to do
so,'' based on the vessel's history of safe operation.
[[Page 47380]]
One commenter stated OCMIs should make the decision on whether to
require the preliminary exam. We disagree. The preliminary exam is
necessary to ensure that the vessel is suitable for the program by
surveying the underwater portion of the hull. This is not a requirement
for a ROV exam, because we believe that an owner will take this step
before contracting a ROV to perform the exam.
Operating Limits
One commenter stated the limitations of operating 0.5 miles from
shore and in shallow water should be eliminated from the regulations.
We disagree. The interim rule was targeted at this group of vessels
because they operate in a benign environment. The OCMI has the latitude
to allow other vessels that operate beyond 0.5 miles into the program
if it is safe and reasonable to do so.
Sea Valves
Four commenters expressed views regarding sea valves. One commenter
stated the requirements in Sec. Sec. 71.50-25(a)(3) should be
broadened to allow for equivalent methods of inspection and testing,
especially for vessels operating in fresh water areas. We believe that
the regulations should remain as written, and will address inspection
procedures in a future NVIC.
One commenter said a clarification is needed that sea valves need
to be examined only once every five years. We agree and are adding
clarification to the regulations with regard to sea valve inspection
intervals.
One commenter stated that large diameter sea valves pose a greater
flooding risk and inspection should be allowed with the valves in
place. We agree that there is a flooding risk when examining sea
valves, which is why the passengers must be removed from the vessel if
the OCMI deems it necessary. These regulations are consistent with, and
reflect the existing standard in 46 CFR 61, required for a traditional
drydock exam, as well as existing guidance in NVIC 1-89. We recognize,
however, that it is common practice under certain circumstances, for
the OCMI to accept Alternative inspection methods when dealing with
large sea valves or unusual piping installations. Therefore, we have
revised this section to allow the owner to propose alternatives to the
OCMI. The OCMI may approve alternatives on a case-by-case basis, as is
the practice already.
One commenter stated the OCMI should have the discretion to allow
an alternative means of examining large sea valves. We agree, as stated
above, the OCMI may approve alternatives on a case-by-case basis.
Third Party Examiners
Nine commenters responded in regard to third party examiners. Two
commenters stated there is no need for third party examiners. We
disagree. The third party examiner is required to direct the underwater
portion of the survey, and may serve as a representative of the owner
while the marine inspector conducts the internal exam of the vessel.
Three commenters stated third party examiners should be required to
take part in the examinations regardless of the method. We disagree.
The third party examiner must participate in diver-only exams and
during the diver portion of a predominate ROV exam. We do not believe
that the third party examiner needs to be present when the ROV is
operating. The third party examiner's main function is interpreting the
results obtained by the diver, whereas the ROV data is immediately and
graphically available to the marine inspector.
Two commenters said third party examiners should be required to
prepare reports from the examinations that include a recommendation of
fitness for service. We agree. The written report is required by the
regulations, and is the tool that the OCMI uses to evaluate the
examination results. The third party examiner may make recommendations,
provide assessments, and include opinions of the vessel's overall
condition. It is, however, the marine inspector's responsibility to
ensure that the exam has been conducted in accordance with the
regulations, while it is the OCMI's responsibility to determine the
vessel's suitability for continued service.
One commenter stated better qualifications are needed for third
party examiners. We disagree. The general qualification a third party
examiner must possess is defined in the rule. We did not include a
specific qualification, which would prevent someone who otherwise meets
the requirements from acting as a third party examiner, potentially
creating a large onus for small entities. The rule's approach will
allow vessel owners the opportunity to act as a third party examiner on
their own vessel, if they are acceptable to the OCMI.
One commenter stated that third party examiners should allow a pre-
survey conference call in lieu of an on-site meeting. We agree and are
modifying Sec. Sec. 71.50-23(c), 115.640(c), and 176.640(c) to allow
teleconferences if agreed to by the OCMI in advance.
Videotaping Tactile Exams
Three commenters stated videotaping the tactile examinations of the
hull is excessive. We disagree because this is the only record
available to the OCMI of the extent, scope, and results of the
underwater portion of the exam. The video and audio recording of the
survey and the conditions will help the OCMI determine whether the
annual condition assessments and mid-period exam may be waived.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). A final Regulatory Evaluation under the regulatory
policies and procedures of DHS is available in the docket as indicated
under ADDRESSES. A summary of the Regulatory Evaluation follows:
Alternative Hull Examination (AHE) Program
Because the AHE Program is voluntary, no costs are associated with
this component of the rulemaking. Each vessel owner is given the option
to choose the most cost-effective hull examination process. We estimate
that about 51 passenger vessels will take advantage of the increased
flexibility of this rule.
Underwater Survey in Lieu of Drydocking (UWILD) Program
The UWILD Program will provide increased flexibility to owners and
operators for hull inspections of U.S. passenger vessels, nautical
school ships, sailing school vessels, and offshore supply vessels. This
program allows an underwater survey instead of a drydock examination on
every other interval for the described vessels, and is currently
available to most other classes of inspected vessels.
There are no additional costs to the vessel owners or operators
with this component of the rulemaking because the use of underwater
survey is completely voluntary. We estimate that 6,224 vessels could
take advantage of the increased flexibility of this rule.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601-612], we
considered whether this rule will have a significant
[[Page 47381]]
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.
The regulatory options in both the AHE and UWILD programs will make
it more cost-efficient and beneficial for small entities by greatly
decreasing the amount of time and resources associated with traditional
drydock inspections. Additionally, because both programs are voluntary,
it is expected that small entities will only participate when it is
beneficial for them to do so.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 [Pub. L. 104-121], we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The NPRM and the
interim rule provided small businesses, organizations, or governmental
jurisdictions a Coast Guard contact to ask questions concerning this
rule's provisions or options for hull inspections.
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).
Collection of Information
This rule calls for a new collection of information under the
Paperwork Reduction Act of 1995 [44 U.S.C. 3501-3520]. We received no
comments on the collection of information in our request for comments
in the interim rule [67 FR 21062].
As required by 44 U.S.C. 3507(d), we submitted a copy of this rule
to the Office of Management and Budget (OMB) for its review of the
collection of information. OMB has approved the collection. The section
numbers are (Sec. Sec. ) 71.50-5(b), 71.50-23(b), 71.50-29(b), 71.50-
31(b), 71.50-31(c), 71.50-31(d)(1), 115.615(b), 115.630, 115.640(b),
115.655(a), 115.655(b), 115.660(c), 115.660(d), 126.140(f),
126.140(g)(1), 126.140(g)(3), 167.15-33(b), 167.15-33(c), 169.230(b),
169.230(c), 176.615(b), 176.615(c), 176.630, 176.640(b), 176.655(a),
176.660(b), 176.660(c), and 176.660(d)(1), and the corresponding
approval number from OMB is OMB Control Number 1625-0032, which expires
on June 30, 2005. A notice announcing the effective date for this
collection of information was published on August 28, 2002 [67 FR
55162].
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
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 falls into the category of maintenance of vessels.
Because the States may not regulate within this category, preemption
under Executive Order 13132 is not an issue.
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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under section 6(a) of the ``Appendix to National
Environmental Policy Act: Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency Policy,'' [67 FR 48244 (July 23,
2002)], this rule is categorically excluded from further environmental
documentation. This final rule deals exclusively with changing
inspection intervals and providing voluntary dry-docking alternatives
for certain passenger vessels. A ``Categorical Exclusion
Determination'' is available in
[[Page 47382]]
the docket where indicated under ADDRESSES.
List of Subjects
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 114
Incorporation by reference, Marine safety, Passenger vessels,
Reporting and recordkeeping requirements.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 125
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Seamen.
46 CFR Part 126
Authority delegation, Hazardous materials transportation, Marine
safety, Offshore supply vessels, Oil and gas exploration, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
0
For the reasons discussed in the preamble, the interim rule amending 46
CFR parts 71, 114, 115, 125, 126, 167, 169, 175, and 176 which was
published as 67 FR 21062 on April 29, 2002, is adopted as a final rule
with the following changes:
PART 71--INSPECTION AND CERTIFICATION
0
1. Revise the authority citation for Part 71 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.
0
2. In Sec. 71.50-1, revise the definition for ``Adequate hull
protection system'' to read as follows:
Sec. 71.50-1 Definitions relating to hull examinations.
* * * * *
Adequate hull protection system means a method of protecting the
vessel's hull from corrosion. It includes, as a minimum, either hull
coatings and a cathodic protection (CP) system consisting of
sacrificial anodes, or an impressed current CP system.
* * * * *
0
3. Revise Sec. 71.50-15 and the Note to Sec. 71.50-15 to read as
follows:
Sec. 71.50-15 Description of the Alternative Hull Examination (AHE)
Program for certain passenger vessels.
The Alternative Hull Examination (AHE) Program provides you with an
alternative to a drydock examination by allowing your vessel's hull to
be examined while it remains afloat. If completed using only divers,
this program has four steps: the application process, the preliminary
examination, the pre-survey meeting, and the hull examination. If the
vessel is already participating in the program or if a remotely
operated vehicle (ROV) is used during the program, the preliminary exam
step may be omitted. Once you complete these steps, the Officer in
Charge, Marine Inspection (OCMI), will evaluate the results and accept
the examination as a credit hull exam if the vessel is in satisfactory
condition. If only divers are used for the underwater survey portion of
the examination process, you may receive credit for a period of time
such that subsequent AHEs would be conducted at intervals of twice in
every five years, with no more than three years between any two AHEs.
The OCMI may waive an underwater survey in accordance with Sec. 71.50-
29(d) provided that the interval does not exceed five years between any
two underwater surveys. If an underwater ROV is used as the predominate
method to examine the vessel's underwater hull plating, you may receive
credit up to five years. At the end of this period, you may apply for
further participation under the AHE Program.
Note to Sec. 71.50-15: The expected hull coverage when using an
ROV must be at least 80 percent.
Sec. 71.50-19 [Amended]
0
4. In Sec. 71.50-19, in paragraph (d), following the word
``cleanliness'', add the words ``(if known)''.
0
5. In Sec. 71.50-23, add paragraph (c) to read as follows:
Sec. 71.50-23 Pre-survey meeting.
* * * * *
(c) The pre-survey meeting may be conducted by teleconference, if
agreed to in advance by the OCMI.
Sec. 71.50-25 [Amended]
0
6. In Sec. 71.50-25, in paragraph (a)(3), following the words ``marine
inspector'', add the words ``once every five years''.
0
7. In Sec. 71.50-27, revise paragraph (a)(2) to read as follows:
Sec. 71-50.27 Alternative Hull Examination (AHE) program options:
Divers or underwater remotely operated vehicles (ROV).
* * * * *
(a) * * *
(2) Provide permanent hull markings, a temporary grid system of
wires or cables spaced not more than 10 feet apart and tagged at one-
foot intervals, or any other acoustic or electronic positioning system
approved by the OCMI to identify the diver's location with respect to
the hull, within one foot of accuracy;
* * * * *
0
8. In Sec. 71.50-29, revise paragraph (a) and add paragraph (d) to
read as follows:
Sec. 71.50-29 Hull examination reports.
(a) If you use only divers for the underwater survey portion of the
Alternative Hull Examination (AHE), you must provide the Officer in
Charge, Marine Inspection (OCMI), with a written hull examination
report. This report must include thickness gauging results, bearing
clearances, a copy of the audio and video recordings, and any other
information that will help the OCMI evaluate your vessel for a credit
hull exam. The third party examiner must sign the report and confirm
the validity of its contents.
* * * * *
(d) At least 60 days prior to each scheduled underwater exam, the
owner may request a waiver from the OCMI if:
(1) A satisfactory exam has been completed within the last three
years;
(2) The conditions during the last exam allowed at least 80 percent
of the bottom surface to be viewed and recorded; and
(3) The results of the last exam indicated that an extended
interval is safe and reasonable.
0
9. In Sec. 71.50-31, revise paragraphs (a) and (d)(1) to read as
follows:
Sec. 71.50-31 Continued participation in the Alternative Hull
Examination (AHE) Program.
(a) To continue to participate in the AHE Program, vessel operators
must conduct an annual hull condition
[[Page 47383]]
assessment. At a minimum, vessel operators must conduct an internal
examination and take random hull gaugings internally during the hull
condition assessment, unless waived by the Officer in Charge, Marine
Inspection (OCMI). If the annual hull assessment reveals significant
damage or corrosion, where temporary repairs have been made, or where
other critical areas of concern have been identified, the OCMI may
require an expanded examination to include an underwater hull
examination using divers. If an underwater examination is required, the
examination must focus on areas at higher risk of damage or corrosion
and must include a representative sampling of hull gaugings.
* * * * *
(d) * * *
(1) The owner may submit to the OCMI a plan for conducting the
assessment, or a request for a waiver of this requirement, no fewer
than 30 days before the scheduled assessment; and
* * * * *
PART 114--GENERAL PROVISIONS
0
10. Revise the authority citation for Part 114 to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170; Sec. 114.900 also issued under 44 U.S.C. 3507.
0
11. In Sec. 114.400(b), revise the definition for ``Adequate hull
protection system'' to read as follows:
Sec. 114.400 Definitions of terms used in this subchapter.
* * * * *
(b) * * *
Adequate hull protection system means a method of protecting the
vessel's hull from corrosion. It includes, as a minimum, either hull
coatings and a cathodic protection (CP) system consisting of
sacrificial anodes, or an impressed current CP system.
* * * * *
PART 115--INSPECTION AND CERTIFICATION
0
12. Revise the authority citation for Part 115 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.
0
13. Revise Sec. 115.620 and add the Note to Sec. 115.620 to read as
follows:
Sec. 115.620 Description of the Alternative Hull Examination (AHE)
Program for certain passenger vessels.
The Alternative Hull Examination (AHE) Program provides you with an
alternative to a drydock examination by allowing your vessel's hull to
be examined while it remains afloat. If completed using only divers,
this program has four steps: the application process, the preliminary
examination, the pre-survey meeting, and the hull examination. If the
vessel is already participating in the program or if a remotely
operated vehicle (ROV) is used during the program, the preliminary exam
step may be omitted. Once you complete these steps, the Officer in
Charge, Marine Inspection (OCMI), will evaluate the results and accept
the examination as a credit hull exam if the vessel is in satisfactory
condition. If only divers are used for the underwater survey portion of
the examination process, you may receive credit for a period of time
such that subsequent AHEs would be conducted at intervals of twice in
every five years, with no more than three years between any two AHEs.
The OCMI may waive an underwater survey in accordance with Sec.
115.655(d) provided that the interval does not exceed five years
between any two underwater surveys. If an underwater ROV is used as the
predominate method to examine the vessel's underwater hull plating, you
may receive credit up to five years. At the end of this period, you may
apply for further participation under the AHE Program.
Note to Sec. 115.620: The expected hull coverage when using an
ROV must be at least 80 percent.
Sec. 115.630 [Amended]
0
14. In Sec. 115.630, in paragraph (d), following the word
``cleanliness'', add the words ``(if known)''.
0
15. In Sec. 115.640, add paragraph (c) to read as follows:
Sec. 115.640 Pre-survey meeting.
* * * * *
(c) The pre-survey meeting may be conducted by teleconference, if
agreed to in advance by the OCMI.
Sec. 115.645 [Amended]
0
16. In Sec. 115.645, in paragraph (a)(3), following the words ``marine
inspector'', add the words ``once every five years''.
0
17. In Sec. 115.650, revise paragraph (a)(2) to read as follows:
Sec. 115.650 Alternative Hull Examination (AHE) Program options:
Divers or underwater ROV.
* * * * *
(a) * * *
(2) Provide permanent hull markings, a temporary grid system of
wires or cables spaced not more than 10 feet apart and tagged at one-
foot intervals, or any other acoustic or electronic positioning system
approved by the OCMI to identify the diver's location with respect to
the hull, within one foot of accuracy;
* * * * *
0
18. In Sec. 115.655, revise paragraph (a) and add paragraph (d) to
read as follows:
Sec. 115.655 Hull examination reports.
(a) If you use only divers for the underwater survey portion of the
Alternative Hull Examination (AHE), you must provide the Officer in
Charge, Marine Inspection (OCMI), with a written hull examination
report. This report must include thickness gauging results, bearing
clearances, a copy of the audio and video recordings, and any other
information that will help the OCMI evaluate your vessel for a credit
hull exam. The third party examiner must sign the report and confirm
the validity of its contents.
* * * * *
(d) At least 60 days prior to each scheduled underwater exam, the
owner may request a waiver from the OCMI if:
(1) A satisfactory exam has been completed within the last three
years;
(2) The conditions during the last exam allowed at least 80 percent
of the bottom surface to be viewed and recorded; and
(3) The results of the last exam indicated that an extended
interval is safe and reasonable.
0
19. In Sec. 115.660, revise paragraphs (a) and (d)(1) to read as
follows:
Sec. 115.660 Continued participation in the Alternative Hull
Examination (AHE) Program.
(a) To continue to participate in the AHE Program, vessel operators
must conduct an annual hull condition assessment. At a minimum, vessel
operators must conduct an internal examination and take random hull
gaugings internally during the hull condition assessment, unless waived
by the Officer in Charge, Marine Inspection (OCMI). If the annual hull
assessment reveals significant damage or corrosion, where temporary
repairs have been made, or where other critical areas of concern have
been identified, the OCMI may require an expanded examination to
include an underwater hull examination using divers. If an underwater
examination is required, the examination must focus on areas at higher
risk of damage or corrosion and
[[Page 47384]]
must include a representative sampling of hull gaugings.
* * * * *
(d) * * *
(1) The owner may submit to the OCMI a plan for conducting the
assessment, or a request for a waiver of this requirement, no fewer
than 30 days before the scheduled assessment; and
* * * * *
PART 175--GENERAL PROVISIONS
0
20. Revise the authority citation for Part 175 to read as follows:
Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206,
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170; Sec. 175.900 also issued under authority of 44
U.S.C. 3507.
0
21. In Sec. 175.400, revise the definition for ``Adequate hull
protection system'' to read as follows:
Sec. 175.400 Definitions of terms used in this subchapter.
* * * * *
Adequate hull protection system means a method of protecting the
vessel's hull from corrosion. It includes, as a minimum, either hull
coatings and a cathodic protection (CP) system consisting of
sacrificial anodes, or an impressed current CP system.
* * * * *
PART 176--INSPECTION AND CERTIFICATION
0
22. Revise the authority citation for Part 176 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.
0
23. Revise Sec. 176.620 and the Note to Sec. 176.620 to read as
follows:
Sec. 176.620 Description of the Alternative Hull Examination (AHE)
Program for certain passenger vessels.
The Alternative Hull Examination (AHE) Program provides you with an
alternative to a drydock examination by allowing your vessel's hull to
be examined while it remains afloat. If completed using only divers,
this program has four steps: the application process, the preliminary
examination, the pre-survey meeting, and the hull examination. If the
vessel is already participating in the program, or if a remotely
operated vehicle (ROV) is used during the program, the preliminary exam
step may be omitted. Once you complete these steps, the Officer in
Charge, Marine Inspection (OCMI), will evaluate the results and accept
the examination as a credit hull exam if the vessel is in satisfactory
condition. If only divers are used for the underwater survey portion of
the examination process, you may receive credit for a period of time
such that subsequent AHEs would be conducted at intervals of twice in
every five years, with no more than three years between any two AHEs.
The OCMI may waive an underwater survey in accordance with Sec.
176.655(d) provided that the interval does not exceed five years
between any two underwater surveys. If an underwater ROV is used as the
predominate method to examine the vessel's underwater hull plating, you
may receive credit up to five years. At the end of this period, you may
apply for further participation under the AHE Program.
Note to Sec. 176.620: The expected hull coverage when using an
ROV must be at least 80 percent.
Sec. 176.630 [Amended]
0
24. In Sec. 176.630, in paragraph (d), following the word
``cleanliness'', add the words ``(if known)''.
0
25. In Sec. 176.640, add paragraph (c) to read as follows:
Sec. 176.640 Pre-survey meeting.
* * * * *
(c) The pre-survey meeting may be conducted by teleconference, if
agreed to in advance by the OCMI.
Sec. 176.645 [Amended]
0
26. In Sec. 176.645, in paragraph (a)(3), following the words ``marine
inspector'', add the words ``once every five years''.
0
27. In Sec. 176.650, revise paragraph (a)(2) to read as follows:
Sec. 176.650 Alternative Hull Examination Program options: Divers or
underwater ROV.
* * * * *
(a) * * *
(2) Provide permanent hull markings, a temporary grid system of
wires or cables spaced not more than 10 feet apart and tagged at one-
foot intervals, or any other acoustic or electronic positioning system
approved by the OCMI to identify the diver's location with respect to
the hull, within one foot of accuracy;
* * * * *
0
28. In Sec. 176.655, revise paragraph (a) and add paragraph (d) to
read as follows:
Sec. 176.655 Hull examination reports.
(a) If you use only divers for the underwater survey portion of the
Alternative Hull Examination (AHE), you must provide the Officer in
Charge, Marine Inspection (OCMI), with a written hull examination
report. This report must include thickness gauging results, bearing
clearances, a copy of the audio and video recordings, and any other
information that will help the OCMI evaluate your vessel for a credit
hull exam. The third party examiner must sign the report and confirm
the validity of its contents.
* * * * *
(d) At least 60 days prior to each scheduled underwater exam, the
owner may request a waiver from the OCMI if:
(1) A satisfactory exam has been completed within the last three
years;
(2) The conditions during the last exam allowed at least 80 percent
of the bottom surface to be viewed and recorded; and
(3) The results of the last exam indicated that an extended
interval is safe and reasonable.
0
29. In Sec. 176.660, revise paragraph (a) and (d)(1) to read as
follows:
Sec. 176.660 Continued participation in the Alternative Hull
Examination (AHE) Program.
(a) To continue to participate in the AHE Program, vessel operators
must conduct an annual hull condition assessment. At a minimum, vessel
operators must conduct an internal examination and take random hull
gaugings internally during the hull condition assessment, unless waived
by the Officer in Charge, Marine Inspection (OCMI). If the annual hull
assessment reveals significant damage or corrosion, where temporary
repairs have been made, or where other critical areas of concern have
been identified, the OCMI may require an expanded examination to
include an underwater hull examination using divers. If an underwater
examination is required, the examination must focus on areas at higher
risk of damage or corrosion and must include a representative sampling
of hull gaugings.
* * * * *
(d) * * *
(1) The owner may submit to the OCMI a plan for conducting the
assessment, or a request for a waiver of this requirement, no fewer
than 30 days before the scheduled assessment; and
* * * * *
Dated: June 25, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 04-17742 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-15-P