[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR140.105]

[Page 138-139]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 140--GENERAL--Table of Contents
 
                         Subpart B--Inspections
 
Sec. 140.105  Correction of deficiencies and hazards.

    (a) Lifesaving and fire fighting equipment which is found defective 
during an inspection by a Coast Guard marine inspector or a Minerals 
Management Service (MMS) inspector and which, in

[[Page 139]]

the opinion of the inspector, cannot be satisfactorily repaired must be 
so mutilated in the presence of the inspector that it cannot be used for 
the purpose for which it was originally intended. Lifesaving and fire 
fighting equipment subsequently determined to be unrepairable must be 
similarly mutilated in the presence of the person making that 
determination.
    (b) Any deficiency or hazard discovered during an inspection by a 
Coast Guard marine inspector or an MMS inspector is reported to the 
unit's owner or operator, who shall have the deficiency or hazard 
corrected or eliminated as soon as practicable and within the period of 
time specified by the inspector.
    (c) Deficiencies and hazards discovered during an inspection of a 
fixed OCS facility under Sec. 140.103(a) must be corrected or 
eliminated, if practicable, before the form CG-5432 is completed. 
Deficiencies and hazards that are not corrected or eliminated by the 
time the form is completed must be indicated on the form as 
``outstanding'' and the form submitted to the appropriate MMS District 
office. Upon receipt of a form CG-5432 indicating outstanding 
deficiencies or hazards, MMS informs, by letter, the owner or operator 
of the fixed OCS facility of the deficiencies or hazards and the time 
period specified to correct or eliminate the deficiencies or hazards.
    (d) For lifesaving and fire fighting equipment deficiencies on fixed 
OCS facilities that cannot be corrected before the submission of form 
CG-5432, the owner or operator must contact the appropriate MMS District 
Supervisor to request a time period for repair of the item. The owner or 
operator must include a description of the deficiency and the time 
period approved by MMS for correction of the deficiency in the comment 
section of form CG-5432.
    (e) Where a deficiency or hazard remains uncorrected or uneliminated 
after the expiration of the time specified for correction or 
elimination, the Officer in Charge, Marine Inspection or MMS (for 
deficiencies or hazards discovered by MMS during an inspection of a 
fixed OCS facility), initiates appropriate enforcement measures.

[CGD84-098a, 53 FR 18981, May 26, 1988, as amended by USCG-2001-9045, 67 
FR 5916, Feb. 7, 2002]