[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27913-27927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11132]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 107, 108, and 109

[Docket No. USCG-2011-0992]
RIN 1625-AB78


Revision of Crane Regulation Standards for Mobile Offshore 
Drilling Units (MODUs), Offshore Supply Vessels (OSVs), and Floating 
Outer Continental Shelf (OCS) Facilities

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise regulations related to the 
design, certification, inspection, and testing of cranes. These 
regulations apply to cranes installed on Mobile Offshore Drilling Units 
(MODUs), Offshore Supply Vessels (OSVs), and floating Outer Continental 
Shelf (OCS) facilities. This revision would update industry standards 
incorporated by reference with more recent versions, which are used by 
industry and incorporated in Bureau of Safety and Environmental 
Enforcement regulations. Additionally, the Coast Guard proposes to 
revise regulations regarding certification, inspection, and testing of 
cranes by allowing use of additional organizations to act in lieu of 
Coast Guard marine inspectors.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before August 12, 
2013 or reach the Docket Management Facility by that date. Comments 
sent to the Office of Management and Budget (OMB) on collection of 
information must reach OMB on or before August 12, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0992 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.
    Collection of Information Comments: If you have comments on the 
collection of information discussed in section VI.D. of this notice of 
proposed rulemaking (NPRM), you must also send comments 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.

[[Page 27914]]

    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at room 1210, U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001 between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 202-372-1437. 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 proposed 
rule, call or email Mr. Ken Smith, CG-OES-2, U.S. Coast Guard; 
telephone 202-372-1413 or email Ken.A.Smith@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, 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. Background
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. 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.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0992), 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 comments online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0992'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape 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 comments 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 proposed 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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0992'' 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 at this time. But you may 
submit a request for one to the docket 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 one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

II. Abbreviations

ABS American Bureau of Shipping
ANSI American National Standards Institute
API American Petroleum Institute
ICGB International Cargo Gear Bureau
IMO International Maritime Organization
MODU Mobile offshore drilling unit
NFPA National Fire Protection Association
NPRM Notice of proposed rulemaking
OCS Outer continental shelf
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
OSV Offshore supply vessel
SBA Small Business Administration
Sec.  Section symbol
UL Underwriters Laboratories
U.S.C. United States Code

III. Background

    The legal basis for the proposed rule is 43 U.S.C. 1333; 46 U.S.C. 
3103, 3306, 3307, 3316; and Department of Homeland Security Delegation 
No. 0170.1, which collectively authorize the Coast Guard to establish 
standards for the design, installation, operation, and inspection of 
vessels and to regulate floating Outer Continental Shelf (OCS) 
facilities as they relate to the safety of life.
    This proposed rule is necessary to enhance the safety of offshore 
cranes by ensuring that industry uses the best available and safest 
technologies for the operation, maintenance, design, and construction 
of cranes used on Mobile Offshore Drilling Units (MODUs), Offshore 
Supply Vessels (OSVs), and floating OCS facilities. The proposed rule 
would also align Coast Guard regulations with Bureau of Safety and 
Environmental Enforcement requirements for cranes used on offshore 
fixed platforms. Additionally, the proposed rule would provide owners 
and operators of vessels the option and flexibility of using additional 
organizations and associations for the certification of cranes.
    The Coast Guard currently regulates cranes by requiring owners and 
operators of MODUs, OSVs, and floating OCS facilities to comply with 
Coast Guard regulations in 46 CFR subchapter I-A, Mobile Offshore 
Drilling Units parts 107, 108, and 109.
    These regulations apply to cranes installed on MODUs, OSVs, and 
floating OCS facilities because the crane

[[Page 27915]]

regulations for OSVs (46 CFR 126.130) and floating OCS facilities (33 
CFR 143.120) refer back to the requirements for cranes found in 46 CFR 
parts 107, 108, and 109. The existing regulations make reference to 
American Petroleum Institute (API) standards that are outdated and 
generally are no longer used by industry. The current regulations 
specifically reference the First Edition (October 1972) of the API's 
``Recommended Practice for Operation and Maintenance of Offshore 
Cranes'' (API RP 2D), and the Second Edition (February 1972) of API's 
``Specification for Offshore Pedestal Mounted Cranes'' (API Spec. 2C). 
These standards outline the specifications for designing pedestal 
mounted cranes (API Spec. 2C) and the recommended practices for their 
operation and maintenance (API RP 2D) once the cranes are installed on 
MODUs, OSVs, and floating OCS facilities.
    This proposed rule would update our existing regulations by 
adopting the most recent editions of API Spec. 2C and RP 2D standards. 
By updating these API standards in our regulations, we would ensure 
that industry uses the best available and safest technologies for the 
operation, maintenance, design, and construction of cranes used on 
MODUs, OSVs, and floating OCS facilities.
    Compliance with the most recent edition of API RP 2D, currently the 
Sixth Edition (May 2007), would be effective for cranes installed on 
all existing and newly built MODUs, OSVs, and floating OCS facilities 
after the effective date of the final rule. API RP 2D can be applied to 
existing MODUs, OSVs, and floating OCS facilities because it outlines 
recommendations for operations and maintenance, as opposed to 
specifying requirements for design and construction.
    Compliance with the most recent edition of API Spec. 2C, 
``Specification for Offshore Pedestal Mounted Cranes,'' currently the 
Seventh Edition (March 2012), would be effective for new cranes 
installed on MODUs, OSVs, and floating OCS facilities after the 
effective date of the final rule. Offshore cranes installed on or 
before the effective date of the final rule may be designed to the API 
Spec. 2C edition and regulations that were current at the time of 
construction.
    The most recent edition of API RP 2D, currently the Sixth Edition 
(May 2007), provides for improved safety conditions by enhancing 
personnel qualifications and improving practices associated with 
operations and maintenance. In addition to expanding on the content of 
information existing in API RP 2D, First Edition (October 1972), the 
sixth edition improves on the first edition by adding new sections that 
address rigger qualifications and personnel operating practices, 
signaling, load testing, and pull tests. The inspection, testing, and 
maintenance requirements have been expanded and sorted into categories 
that are based on crane usage (i.e., infrequent, moderate, and heavy). 
Inspection categories have also been added that detail the inspection 
requirements to be conducted at periodic intervals including initial 
certification, pre-use, monthly, quarterly, and annually. Also, new 
sections have been added that address rerating of cranes, crane 
operations, wire rope testing, pendant lines, and slings. Finally, the 
sixth edition includes eight appendixes, which expand on details 
contained in the body of the standard and provide clearer understanding 
of the subject matter. Additional information on the differences 
between the two editions can be reviewed by examining the document 
titled, ``API RP 2D Table of Comparison 1st Ed to 6th Ed'', which is 
provided as supplemental information in the public docket.
    The most recent edition of API Spec. 2C, currently the Seventh 
Edition (March 2012), improves upon API Spec. 2C, Second Edition 
(February 1972) by more accurately defining the scope of cranes covered 
and not covered and expanding the list of components identified to be 
critical, including components of rigging gear. New recordkeeping 
requirements are imposed on manufacturers that require them to keep 
test and inspection records for 20 years and to provide certain pieces 
of documentation to the purchaser, including load and information 
charts, crane foundation design forces and moments, a listing of all 
critical components, an operations, parts, and maintenance manual, and 
a failure mode assessment for gross unintended overloads, if requested 
by the purchaser. The revised specification expands the method for 
establishing crane rated loads and establishes methods for determining 
the rated loads for cranes handling personnel. New requirements for 
calculating in-service loads based on specific crane usage (e.g., 
onboard or offboard lifts) have been added, as were calculations to 
determine dynamic forces and forces in the horizontal and vertical 
directions. Requirements have been added to address environmental loads 
(i.e., wind, ice, and snow) and seismic design. The revised 
specification also outlines new requirements for strength factors 
associated with wire rope for standing, guy ropes, and personnel hoist 
systems. Finally, U-bolts, grip clips, eye splices, wedge sockets, and 
wire rope end terminations that were not included in the second edition 
have been addressed. Additional information on the differences between 
these editions can be reviewed by examining the document titled, 
``Change Matrix for API Spec. 2C Comparison of Editions 2 and 6 and 
Change Matrix for API Spec. 2C Comparison of Editions 6 and 7,'' 
provided as supplemental information in the public docket for this 
proposed rule.
    API Spec. 2C and API RP 2D do not have a threshold limiting the 
size of cranes to which they apply. However, the Coast Guard believes 
that small cranes and other lifting appliances are satisfactory for 
operation, as long as they are maintained and operated in accordance 
with the manufacturer's recommendations. The Coast Guard does not 
intend in this rulemaking to capture small cranes or other lifting 
appliances that have a lifting capacity below 5 tons (10,000 lbs) that 
are used only for special purposes, such as lifting fuel transfer hoses 
or transferring supplies or provisions. The Coast Guard has 
incorporated provisions in the proposed rule to address this matter, 
and seeks comments concerning the lifting capacity threshold and 
exemption of smaller cranes from the requirements of API Spec. 2C and 
API RP 2D.
    Currently, the regulations provide for extensive plan review and 
inspections and tests by Coast Guard personnel, the American Bureau of 
Shipping (ABS), or the International Cargo Gear Bureau (ICGB). The ABS 
is a classification society that can also act as a crane certifying 
authority. Classification societies perform many functions and conduct 
or witness various tests in the survey of a vessel. The ICGB is a 
membership corporation which primarily provides registration, 
inspection, certification, and documentation services for materials 
handling appliances and devices that are afloat, shore-based, and 
offshore. The ICGB is limited in that it is primarily concerned with 
cranes and cargo handling machinery and gear, whereas an approved 
classification society can perform those functions, tests, and 
inspections that lead to the complete certification of a vessel.
    The current regulations only allow ABS and ICGB to conduct crane 
inspections and certifications on behalf of the Coast Guard.
    Until the passage of the 1996 Coast Guard Authorization Act (Pub. 
L. 104-324, 110 Stat. 3901), the Coast Guard could only delegate marine 
safety

[[Page 27916]]

functions related to vessel plan review and inspection to ABS. Section 
607 of Pub. L. 104-324 amended 46 U.S.C. 3316 to allow delegation of 
these functions to a classification society based in a foreign country. 
This authority provides that additional classification societies may be 
authorized to review and approve plans and to conduct vessel 
inspections and examinations on behalf of the Coast Guard. This also 
means that other classification societies may be utilized in a manner 
similar to the ABS. The Coast Guard proposes to allow organizations, 
other than just ABS and ICGB, to perform these tasks. The proposed rule 
would expand the list of organizations, beyond ABS and ICGB, that can 
inspect and certify cranes.
    The Coast Guard expects that, due to the additional classification 
societies that may review and approve crane plans and conduct crane 
inspections and examinations, vessel owners and operators would have 
reduced crane operational down time, greater flexibility in scheduling 
crane inspections, and greater flexibility in meeting required 
standards. But before any classification society can be delegated 
authority under this amendment to act on behalf of the Coast Guard for 
any purpose, the statute requires that the classification society be 
recognized by the Coast Guard.
    The option to use other organizations for crane approvals and 
inspections has proven successful on other Coast Guard inspected 
vessels.\1\ These organizations have personnel who are specifically 
trained and qualified to witness tests of cranes and conduct crane 
inspections, and these inspections can often be scheduled more 
conveniently than inspections by the Coast Guard. It is common marine 
industry practice to rely on other organizations for surveys and 
certification of cranes. In fact, actual crane inspections by Coast 
Guard marine inspectors have become rare.
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    \1\ See 46 CFR 91.25-25 and 31.10-16 for acceptance of other 
organizations or associations for certification of cranes and cargo 
handling machinery and gear on cargo and miscellaneous vessels and 
tank vessels, respectively.
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    The proposed rule would expand the current list of crane-certifying 
authorities in the regulations by allowing all classification societies 
recognized under 46 CFR part 8 to inspect, test, and certify cranes. 
Therefore, recognized classification societies would be able to conduct 
inspections and tests on behalf of the Coast Guard, issue certificates 
under international treaties and conventions, and certify cranes on 
these vessels. This will eliminate the complication of one 
classification society issuing vessel certificates and another 
certifying authority (ABS or ICGB) issuing crane certifications. This 
will increase efficiency and reduce costs for owners or operators of 
MODUs, OSVs, and floating OCS facilities. The owners or operators of 
MODUs, OSVs, and floating OCS facilities would present certificates and 
test documents from these recognized classification societies to the 
Coast Guard during initial installation or during the regular 
inspection for certification as proof that the cranes were certified 
and inspected in a satisfactory manner.
    The proposed rule would also allow crane manufacturers who have a 
license from API to affix API monograms to their cranes to be 
recognized as crane-certifying authorities. As outlined in Annex C of 
API Spec. 2C, by affixing an API monogram to a crane nameplate, a crane 
manufacturer certifies that construction of the crane complies in all 
details to API Spec. 2C, ``Specification for Offshore Pedestal Mounted 
Cranes.''
    There is duplication of effort involving safety of cranes among the 
Coast Guard, ABS, ICGB, and crane manufacturers that results in extra 
costs to U.S. vessel owners. Under 46 U.S.C. 3316, the Coast Guard has 
the authority to delegate to classification societies the ability to 
conduct inspections and plan review on behalf of the United States. 
Title 46, U.S.C. 3103 allows the Coast Guard to rely on reports, 
documents, and records to establish compliance with statutory and 
regulatory requirements. To address the additional costs associated 
with the duplicative effort, the Coast Guard proposes to implement the 
monogram program that is already provided for in the standard proposed 
for incorporation.
    Accordingly, cranes affixed with an API monogram on the nameplate 
would be accepted as being designed and constructed in accordance with 
API Spec. 2C. However, such cranes would not be considered satisfactory 
for use on inspected vessels without a continued program of tests and 
inspections witnessed or conducted annually by a crane-certifying 
authority. The Coast Guard would have the option to conduct, at any 
time, an audit of the crane certification and inspection process to 
ensure satisfactory performance of an organization or API monogram 
license holder.
    This approach is consistent with the Coast Guard's efforts to 
implement alternative compliance methods that are provided for in 46 
CFR 107.205. This proposed rule would not undermine the authority of 
the Officer in Charge, Marine Inspection, to visually inspect and 
examine cranes as part of their periodic inspections and take action as 
needed to ensure that installed cranes and their associated equipment 
are suitable for their intended service as outlined in 46 CFR 107.270.

IV. Discussion of Proposed Rule

    A description of the changes we propose to make to 46 CFR part 107 
are as follows:
    46 CFR 107.111: We propose to modify Sec.  107.111 by adding a 
definition for ``crane'' that clarifies the type of crane (pedestal), 
its use (offshore operations), and a minimum lifting capacity of 5 tons 
(10,000 lbs) that is to be certified and inspected under the 
subchapter.
    46 CFR 107.115: We propose to update and combine the incorporation 
by reference language in paragraphs (a) and (b) into a new paragraph 
(a), and to add new paragraphs (b), (c), and (d) to update the 
reference standards for API and to note the currently referenced 
standards for ABS and ASTM. We propose to delete references to 
standards of the American National Standards Institute (ANSI), the 
International Cargo Gear Bureau (ICGB), the National Fire Protection 
Association (NFPA), and Underwriters Laboratories (UL).
    46 CFR 107.231: We propose to modify Sec.  107.231(m) by providing 
the correct cross-reference to the requirements for inspection and 
testing of cranes found in Sec.  107.259 and deleting the current 
cross-reference pointing to the requirements for certification of 
cranes found in Sec.  107.258.
    46 CFR 107.258: We propose to add a new Sec.  107.258(a) containing 
language requiring that cranes and crane foundations be certified as 
being designed and constructed to the latest edition of API Spec. 2C, 
``Specification for Offshore Pedestal Mounted Cranes,'' or other 
equivalent standard identified by the Coast Guard. The term ``other 
equivalent standard'' may refer to the standards of a classification 
society recognized by the Coast Guard or other national or 
international organization specifically recognized by the Coast Guard. 
We recognize that cranes designed, constructed, and maintained in class 
to the classification standards of a recognized classification society 
may offer an equivalent level of safety to cranes designed, 
constructed, and maintained in accordance with API Spec. 2C. 
Accordingly, we propose to include language to allow for Coast Guard 
review of these and other equivalencies.

[[Page 27917]]

    We propose to redesignate existing paragraph (a) as paragraph (b), 
and the list of crane-certifying authorities in existing paragraphs 
(a)(1) and (a)(2) as paragraphs (b)(1) and (b)(2), respectively. We 
propose to modify redesignated paragraph (b)(1) by deleting a reference 
to ABS and replacing it with ``recognized classification societies as 
outlined in 46 CFR part 8,'' a group that includes ABS. We also propose 
adding a new paragraph (b)(3) to allow recognition of crane 
manufacturers, as specified in Annex C of API Spec. 2C, who are 
licensed by API to affix the API monogram to their cranes, thereby 
certifying that their cranes are designed and constructed in compliance 
with API Spec. 2C.
    We propose to redesignate existing paragraphs (b), (b)(1), and 
(b)(2) as paragraphs (c), (c)(1), and (c)(2), respectively, which list 
the revised conditions under which all crane-certifying authorities 
would be required to base their certification. We propose to modify the 
text in redesignated paragraph (c)(2) to distinguish between inspection 
and testing requirements needed for initial crane certification and the 
requirements for periodic inspections and tests. Periodic inspections 
and tests are meant to provide evidence that a crane is suitable for 
continued service after it has been initially tested and inspected in 
accordance with the most recent edition of APR RP 2D, ``Recommended 
Practice for Operation and Maintenance of Offshore Cranes,'' currently 
the Sixth Edition (May 2007) and certified as being designed in 
accordance with the most recent edition of API Spec. 2C, 
``Specification for Offshore Pedestal Mounted Cranes,'' currently the 
Seventh Edition (March 2012).
    Finally, we propose to add a new paragraph (e) to allow the Coast 
Guard to, at any time, conduct oversight audits on crane-certification 
authorities to ensure that cranes are designed, constructed, inspected, 
tested, and maintained in accordance with recognized standards as 
modified by the regulations.
    46 CFR 107.259: We propose to modify Sec.  107.259(a) by updating 
crane inspections and tests to refer to the latest edition of API RP 
2D, ``Recommended Practice for Operation and Maintenance of Offshore 
Cranes,'' or other equivalent standard identified by the Coast Guard. 
For the same reasons discussed under the section explaining proposed 
changes to 46 CFR 107.258, we propose to include language to allow for 
Coast Guard review of these and other equivalencies.
    In Sec.  107.259(b), we propose to revise the sentence to clarify 
that our intention is to require certifying authorities only for the 
annual inspections and tests required by revised API RP 2D, Chapter 4, 
including the periodic load tests required by Sec.  107.260. API RP 2D 
outlines a number of routine tests and inspections that must be 
performed periodically on cranes, and it is not our intention to 
require that all these tests and inspections be carried out by crane-
certifying authorities. Routine tests and inspections should be carried 
out at intervals and conducted by persons as outlined in Chapter 4 of 
API RP 2D. We also propose to remove a direct listing of the persons or 
organizations who may witness tests and conduct inspections identified 
in existing paragraph (b)(1) and (2). Coast Guard marine inspectors 
listed in existing paragraph (b)(1) are no longer used for such 
purposes and have been removed from the list of persons who may be 
called to witness tests or conduct inspections of cranes. ABS and ICGB, 
listed in existing paragraph (b)(2) are proposed to be included as 
``qualified inspectors'' as defined in API RP 2D, Sixth Edition (May 
2007), of an approved crane-certifying authority listed under proposed 
Sec.  107.258. We propose this change to clarify the level of personnel 
training and experience necessary to accurately conduct inspections and 
witness tests of cranes in accordance with API RP 2D. Inspectors of a 
crane-certifying authority receive a high level of training and formal 
qualification for inspecting and testing specific types of cranes. As 
such, the Coast Guard believes they provide the level of expertise that 
is necessary to ensure cranes are designed, installed, and maintained 
to high safety standards. Coast Guard marine inspectors may continue to 
conduct visual examinations of cranes and crane foundations during the 
course of routine vessel inspections for certification, annual, 
periodic, and other inspections and examinations, and can take action 
as outlined in 46 CFR 107.270 to correct problems or suspend crane 
operations if a crane is found in an unsafe condition.
    We propose to modify Sec.  107.259(c) to reflect that tests and 
inspections must be conducted and certified by a qualified inspector of 
an approved crane-certifying authority, rather than just ABS or the 
ICGB. We propose to modify Sec.  107.259(c) to reflect that the 
qualified inspector must certify that the tests and inspections were 
conducted in accordance with the API specifications, or other 
equivalent standard.
    46 CFR 107.260: We propose to modify this section by deleting the 
table in existing paragraph (a) and the information in existing 
paragraph (b) because these items have been incorporated into the 
updated reference of API RP 2D, and, therefore, do not need to be 
specified in regulatory text. Accordingly, we propose to revise 
paragraph (a) by adding reference to the section of API Spec. 2C that 
outlines load testing requirements for cranes.
    46 CFR 107.309: We propose to modify this section by requiring that 
certain plans and information for cranes and crane foundations be 
reviewed and approved by approved certification authorities. We propose 
to update Sec.  107.309(a)(1) to reference the latest edition of API 
Spec. 2C, and to specify the location in API Spec. 2C where critical 
components are listed. We propose to relocate existing Sec.  
107.309(a)(2) to a new Sec.  107.309 (b)(3) as these items are reviewed 
by the Coast Guard Marine Safety Center. We propose to redesignate 
existing paragraphs (a)(3) and (a)(4) as paragraphs (a)(2) and (a)(3), 
respectively. In redesignated paragraph (a)(3), we propose to replace 
the existing text with information referencing section 4.1 of API Spec. 
2C. This section contains information not previously specified that was 
added to API Spec. 2C over the course of its revision that the Coast 
Guard believes should be reviewed and approved by approved 
certification authorities to allow better overall assessment of crane 
designs. Such information includes load and information charts, crane 
foundation design forces and moments, certification of critical 
components, an operations, parts, and maintenance manual, and a failure 
mode assessment for gross unintended overloads. As discussed earlier, 
we propose to modify the text in Sec.  107.309(b) to clarify that 
certain plans and information must be reviewed and approved by the 
Coast Guard Marine Safety Center, and to add Sec.  107.309(b)(3).
    A description of the changes we propose to make to 46 CFR part 108 
are as follows:
    46 CFR 108.101: We propose to modify Sec.  108.101 by updating it 
to conform with general formatting requirements for incorporated by 
reference sections. Specifically, we propose to combine the 
incorporation by reference language in paragraphs (a) and (b) into a 
new paragraph (a), and to remove the table format associated with 
existing paragraph (b). We propose adding a new paragraph (b) to 
reflect the updated reference to ANSI standard Z-89.1-1969, which is 
now ANSI standard A-A-2269A NOT 1 identified in existing Sec.  
108.497(f) but not currently listed as being incorporated by

[[Page 27918]]

reference. We also propose adding a new paragraph (c) to reflect the 
reference to API Spec. 2C identified in existing Sec.  108.601 but not 
currently listed as being incorporated by reference. Information 
concerning the referenced standards of ASTM, IMO, and NFPA would be 
organized into new paragraphs (d), (e), and (f), respectively.
    46 CFR 108.105: We propose to modify this section by making a minor 
editorial change and by stating that the specified standard is 
incorporated by reference in Sec.  108.101.
    46 CFR 108.427; 108.430; 108.497; 108.503; 108.645; 108.646; 
108.647; 108.649; and 108.655: We propose to modify these sections by 
stating that the specified standard is incorporated by reference in 
Sec.  108.101.
    46 CFR 108.601: We propose to update the reference in Sec.  108.601 
to refer to the latest edition of API Spec. 2C, ``Specification for 
Offshore Pedestal Mounted Cranes,'' and include a provision that allows 
the Coast Guard to recognize other standards as an equivalency. Such 
standards may include cranes designed, installed, and maintained in 
class to the classification standards of a recognized classification 
society. We also propose to remove Sec.  108.601(b) in its entirety 
because the items were incorporated into the revised API Spec. 2C 
standard and are no longer required to be listed separately in 
regulatory text.
    A description of the changes we propose to make to 46 CFR part 109 
are as follows:
    46 CFR 109.105: We propose to modify Sec.  109.105 by updating it 
to conform with general formatting requirements for incorporation by 
reference sections. Specifically, we propose to combine the 
incorporation by reference language in paragraphs (a) and (b) into a 
new paragraph (a) and remove the table format associated with existing 
paragraph (b). We propose adding a new paragraph (b) to reflect the 
reference to API Spec. 2C and API RP 2D identified in existing Sec.  
109.437(a) and (b), Sec.  109.521, and Sec.  109.527(c), but not 
currently listed as being incorporated by reference. Information 
concerning the referenced standards of ASTM and IMO would be organized 
into new paragraphs (c) and (d).
    46 CFR 109.437: We propose to modify Sec.  109.437(a)(1) by 
updating the reference for API nameplate data to reflect its location 
in the latest edition of API Spec. 2C, ``Specification for Offshore 
Pedestal Mounted Cranes.'' We propose to modify the text in Sec.  
109.437(a)(2) to use the term ``load rating chart'' instead of ``rates 
load chart'' as used in the latest edition of API Spec. 2C. We propose 
to modify Sec.  109.437(b) by updating the reference for recording 
information on inspections, tests, and maintenance to reflect its 
location in the latest edition of API RP 2D, ``Recommended Practice for 
Operation and Maintenance of Offshore Cranes.'' We propose to replace 
existing Sec.  109.437(d) and to modify Sec.  109.437(c) to incorporate 
the requirements from existing paragraph (d). Finally, we propose to 
redesignate existing Sec.  109.437(e) through (h) as Sec.  109.437(d) 
through (g), respectively, based on our modifications.
    46 CFR 109.439: We propose to make minor editorial changes to this 
section. In the opening sentence we propose to replace the words, 
``shall insure'' with ``must ensure''. In paragraph (b) we propose to 
delete ``or'' before the word ``manufacturers'' and replace it with 
``issued by'' to provide clarification.
    46 CFR 109.521: We propose to add a sentence to clarify that cranes 
and other lifting appliances that do not meet the definition in Sec.  
107.111 must be operated and maintained in accordance with the 
manufacturer's recommendations.
    46 CFR 109.525: We propose a minor editorial change to this section 
by replacing the word ``shall'' with the word ``must.''
    46 CFR 109.527: We propose minor editorial changes. In paragraphs 
(a) and (b), we propose to change the word ``shall'' to ``must.'' In 
paragraph (c), we propose changing the word ``shall'' to ``must'' and 
also updating and clarifying information relative to the specified 
standard (API RP 2D).
    46 CFR 109.529: We propose to add a new section covering lifting 
operations, which specifies that lifting operations must be conducted 
in accordance with the requirements in 33 CFR chapter I, subchapter N. 
Subchapter N is already applicable to vessels and floating facilities, 
and our intent with this new section is to point out that information 
in 33 CFR subchapter N concerning lifting operations is relevant and 
applicable to vessels with cranes that are inspected under this part of 
46 CFR. Among other things, subchapter N specifies requirements for 
workplace safety and health, including requirements for personnel 
protective equipment.
    46 CFR 109.563: We propose minor editorial changes to this section. 
In paragraph (a)(6) we propose to replace the word ``which'' with the 
word ``that'' and identify the location where IMO Assembly resolution 
A.654(16) is incorporated by reference.

V. Incorporation by Reference

    Material proposed for incorporation by reference appears in 
Sec. Sec.  107.258, 107.259, 107.260, 107.309, 108.601, 109.437, 
109.521, 109.527, and 109.563. The references to the incorporation by 
reference standards in existing Sec. Sec.  107.115, 108.101, and 
109.105 would be updated to conform with general formatting 
requirements for incorporated by reference sections. In addition, 
``incorporated by reference, see Sec.  108.101'' has been added to 
Sec. Sec.  108.105(c)(1), 108.427(a), 108.497(f), 108.503, 
108.645(a)(4), 108.646(a), 108.647, 108.649(a)(2) and (b), and 
108.655(e). Additional editorial and conforming language is included in 
this NPRM to update references to the proposed regulatory modifications 
addressing incorporation by reference. 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 Sec. Sec.  
107.115, 108.101, and 109.105.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporation 
by reference.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or 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 NPRM has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget.
    A draft Regulatory Analysis is available in the docket where 
indicated under the ``Public Participation and Request for Comments'' 
section of this preamble. A summary of the Regulatory Analysis follows:

[[Page 27919]]

    The proposed rule would amend the existing regulations for cranes 
on offshore supply vessels, MODUs, and floating OCS facilities to allow 
additional organizations to issue crane certificates and to incorporate 
the latest editions of industry standards.
    The proposed rule is necessary because the current regulations do 
not reflect the safest available practices and technologies used by 
industry, and the regulated public needs additional options for 
obtaining crane certifications and conducting crane inspections. Parts 
of the industry have adopted the newer standards but there are gaps 
across the industry in adopting the standards in full or in part. The 
Coast Guard believes that the risk associated with public safety could 
increase without broader use of the latest editions of industry 
standards.
    The Regulatory Analysis provides an evaluation of the economic 
impacts associated with this proposed rule. Table 1 provides a summary 
of the proposed rule's costs and benefits.

          Table 1--Summary of the Impacts of the Proposed Rule
------------------------------------------------------------------------
           Category                             Summary
------------------------------------------------------------------------
Applicability................  All U.S.-flagged OSV, MODUs, and floating
                                OCS facilities with cranes of a lifting
                                capacity of 5 tons (10,000 lbs) or more;
                                crane manufacturers that service the
                                offshore industry; and class societies.
Affected Population..........  52 marine employers with crane-equipped
                                offshore vessels; 9 marine employers
                                with 18 floating OCS facilities; 24
                                marine employers with crane-equipped
                                MODUs; 19 crane manufacturers; 2 cargo
                                gear organizations, and 7 classification
                                societies.
Costs ($ million, 7% discount  $0.445 (annualized) $3.13 (10-year).
 rate).
Quantified Benefits and Cost   $1.481 (annualized) $10.41(10-year).
 Savings ($ million, 7%
 discount rate).
Unquantified Benefits........  * Update industry practices.
                               * Aid to quality control.
                               * maintain safety.
------------------------------------------------------------------------
These costs include industry costs plus the Government's costs.

Affected Population
    Based on Coast Guard data, we estimate this proposed rule would 
affect 52 businesses that own OSVs with cranes having 5 tons (10,000 
lbs) or more lifting capacity, 24 businesses that own MODUs with 
cranes, 9 businesses that own 18 floating OCS facilities, 2 cargo gear 
organizations, 19 crane manufacturers, and approximately 7 
classification societies.
Costs
    The proposed rule would require several actions by affected 
parties. These actions include training, purchasing API standards, and 
inspecting or reviewing operations. We estimate the costs of the 
proposed rule to be the highest the first year of compliance, at 
approximately $0.886 million (undiscounted 2011 dollars), with 
additional annually recurring costs as shown in table 2 and described 
further in the Regulatory Analysis. For the 10-year period of this 
analysis, we estimate the annualized discounted cost of this proposed 
rule to be $0.445 million at a 7 percent discount rate, for a total of 
$3.12 million over 10 years, and $0.435 million at a 3 percent discount 
rate, for a total of $3.71 million over 10 years. The following table 
presents, by year, the costs of the proposed rule.

                                                      Table 2--Estimated Costs of the Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Year                                       Discounted 7%                 Discounted 3%                 Undiscounted
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................                      $828,183                      $860,345                      $886,156
2.............................................................                       329,385                       355,465                       377,112
3.............................................................                       307,836                       345,111                       377,112
4.............................................................                       287,697                       335,060                       377,112
5.............................................................                       268,876                       325,301                       377,112
6.............................................................                       251,286                       315,826                       377,112
7.............................................................                       234,847                       306,627                       377,112
8.............................................................                       219,483                       297,696                       377,112
9.............................................................                       205,124                       289,025                       377,112
10............................................................                       191,705                       280,607                       377,112
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................                     3,124,421                     3,711,062                     4,280,167
    Annualized................................................                       444,847                       435,050                       428,017
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the requirement for the master or person in charge to 
ensure that each crane is operated and maintained in accordance with 
API RP 2D, ``Recommended Practice for Operation and Maintenance of 
Offshore Cranes,'' Sixth Edition (Sec.  109.521 Cranes: General) as the 
primary cost driver throughout the 10-year period of analysis. The 
requirement, in turn, would initiate training requirements for crane 
operators, inspectors, and riggers. See Table 3 for a summary of 
annualized costs by requirement category.

[[Page 27920]]



                        Table 3--Summary of the Annualized Costs of the Proposed Rule ($)
----------------------------------------------------------------------------------------------------------------
                                                                             Annualized\*\
                      Category                       -----------------------------------------------------------
                                                                   7%                            3%
----------------------------------------------------------------------------------------------------------------
109.521 Cranes: General (Operational Costs).........                       $19,645                       $16,803
109.521 Cranes: General (Training Costs)............                       294,203                       287,345
107.259 Crane Inspection and Testing................                       128,514                       128,514
Other (including Government Costs)..................                         2,485                         2,387
                                                     -----------------------------------------------------------
    Total...........................................                       444,847                       435,050
----------------------------------------------------------------------------------------------------------------
* Rounded to the nearest one.

    The proposed changes that would require the regulated public to 
have the master or person in charge ensure that each crane is operated 
and maintained in accordance with API RP 2D, ``Recommended Practice for 
Operation and Maintenance of Offshore Cranes,'' Sixth Edition (Sec.  
109.521 Cranes: General) comprise approximately 70 percent of the costs 
throughout the 10-year period of analysis. Of this, 66 percent is due 
to the set of requirements dealing with training. The proposed changes 
to Sec.  107.259, Crane inspection and testing, amount to 29 percent of 
the total costs. Table 4 presents a summary of the costs by requirement 
as a percentage of the total annualized costs of the proposed rule.

      Table 4--Summary of Costs by Requirement of the Proposed Rule
                  [As a percentage of annualized cost]
------------------------------------------------------------------------
               Requirements                   Annualized cost (Percent)
------------------------------------------------------------------------
Sec.   109.521 Cranes: General                                         4
 (Operational Costs)......................
Sec.   109.521 Cranes: General (Training                              66
 costs)...................................
Sec.   107.259 Crane Inspection and                                   29
 Testing..................................
Other (including Government costs)........                             1
                                           -----------------------------
    Total (rounded to the nearest one)....                           100
------------------------------------------------------------------------

Benefits
    The proposed rule would amend existing regulations regarding cranes 
in OCS activities, and is expected to have several positive direct and 
indirect effects for the regulated public.
    The Coast Guard is pursuing this amendment to existing standards to 
reflect technological improvements and to expand protection of offshore 
workers. The proposed rule contains provisions that would enhance 
safety. Similarly, the proposed rule would initiate requirements that 
would offer business opportunities for the issuance of crane 
certificates and would offer the regulated public flexibility for the 
acquisition of crane certificates.
    The proposed rule would promote maritime safety by offering 
provisions for more practicable and efficient management of risk 
associated with offshore cranes. The proposed rule contains additional 
provisions that would either offer greater flexibility for compliance 
or offer an opportunity for a potential cost savings. Table 5 presents 
data on the hazards that have been caused by accidents involving 
cranes.

   Table 5--Baseline of Fatalities, Injuries, Oil Spills, and Property
                                 Damage
                               [2006-2010]
------------------------------------------------------------------------
                    Impact                               Count
------------------------------------------------------------------------
Fatalities...................................  3.
Injuries.....................................  11.
Oil Spills...................................  30.
Amount of Oil Spilled (gallons)..............  205.43.
Property Damage (This figure is likely an      $2,566,415.
 underestimate. Some property damage was not
 assessed a damage figure in the MISLE file.).
Congestion and Delays........................  Not quantified.
------------------------------------------------------------------------

    See the preliminary Regulatory Analysis available in the docket for 
a detailed analysis of the costs and benefits of this rulemaking.
    The Coast Guard considered the following alternatives when 
developing the proposed rule:
    1. Take no action.
    2. Allow industry to develop its own standard.
    3. Issue a new policy letter or Navigation and Vessel Inspection 
Circular.
    4. The API standards contain both mandatory and non-mandatory 
provisions; an alternative is to make the mandatory and non-mandatory 
provisions requirements under the proposed rule.
    5. Retain the existing editions of the API standards but promulgate 
the other proposed changes.
    6. Do not include the exemption for small cranes.

[[Page 27921]]

    7. Develop a different timetable for small entities.
    8. Provide an exemption for small entities (from the rule or any 
part thereof).
    Alternatives 1 and 2 are not preferred because they do not offer 
solutions to updating the CFR. Alternative 1 would result in the 
continuation of a situation in which the outdated guidance of the older 
editions creates a safety hazard potential and an enforcement issue, as 
well as increases the difficulty of complying with standards that are 
no longer available. Alternative 2 is not ideal because the industry 
could develop its own standard that may not be acceptable to the Coast 
Guard. They also do not allow for cost savings opportunities that would 
arise by amending the regulations to permit an increased number of 
organizations eligible to issue crane certifications. Alternative 3 
would communicate information to the regulated public and, although it 
would potentially increase public safety, it would not allow for cost 
savings opportunities outlined in the proposed rule or update the CFR. 
Likewise, it offers no assurance of compliance and no enforcement 
mechanism. Alternative 4 would offer all the benefits of the proposed 
rule and we anticipate it would create a situation of increased safety 
as predicted by the proposed rule. However, not all API recommendations 
(e.g., non-mandatory provisions of the API standards) are suitable for 
Coast Guard-regulated industries; to make all API recommendations 
regulatory requirements in the CFR may result in required activities 
that have no increased benefit compared to the proposed alternative. 
Alternative 5 is feasible; however, the API standards currently 
referenced in the CFR are outdated and, therefore, there is no benefit 
in retaining them. Alternative 6 is feasible but would create a 
situation in which members of the regulated public would be required to 
engage in activities that offered no benefit and possibly a disbenefit. 
Alternative 7 would offer a different timetable for small entities; 
although this is feasible, it has little added benefit to small 
entities. The proposed rule's increased costs for small entities are 
low, and some small entities may experience no additional cost because 
many proposed requirements are now being followed by the regulated 
public, and such an exemption would not offer cost savings 
opportunities. This alternative could lower the level of safety to 
small entities as compared to the rest of the population. Alternative 
8, which would allow for an exemption for small entities, is feasible. 
The Coast Guard notes that many proposed provisions would not fully 
impact materially or result in a behavioral change to some small 
entities since some are already in compliance with parts of the 
proposed regulation. The proposed changes are low in cost on the 
individual level and have a low implementation burden.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of fewer than 
50,000.
    We determined that the proposed rule would not have a significant 
economic impact on a substantial number of small entities. We found 
that small entities affected by this proposed rule were small 
businesses consisting of the owners and operators of OSVs, MODUs, and 
floating OCS facilities, crane manufacturers, classification societies, 
and cargo gear organizations (see table 6).

       Table 6--Estimated Affected Population of the Proposed Rule
------------------------------------------------------------------------
                     Group                         Estimated population
------------------------------------------------------------------------
Cargo Gear Organization........................                        2
Classification Societies.......................                        7
Businesses that own OSVs with Cranes...........                       52
Businesses that own MODUs with Cranes..........                       24
Businesses that own Floating OCS Facilities....                        9
Crane Manufacturers............................                       19
                                                ------------------------
    Total......................................                      113
------------------------------------------------------------------------

    The results of our small business impact analysis show that, among 
the groups of affected entities, the proposed rule would have little 
impact on revenues (e.g., less than 1 percent cost to revenue impact). 
For owners and operators of MODUs with cranes that meet the Small 
Business Administration (SBA) small business size standards, the 
proposed rule's cost would be between 0 and 1 percent of total revenues 
for 100 percent of small businesses. For owners and operators of 
vessels with cranes, the proposed rule's cost would be between 0 and 1 
percent of total revenue for 100 percent of small businesses. Among the 
class societies, none met the SBA small business size standard and 100 
percent had a cost-to-revenue impact of 0 to 1 percent. None of the 
businesses that own floating OCS facilities met the SBA small business 
size standard and none were anticipated to have cost-to-revenue impacts 
greater than 1 percent of revenue. For crane manufacturers, an 
estimated 63 percent were small entities, but these entities are in 
compliance with the proposed changes and would not have additional 
costs unless they applied for acceptance to issue crane certificates. 
For those, all would have a cost-to-revenue impact of 0 to 1 percent.
    In summary, the Coast Guard certifies that the proposed rule would 
not have a significant economic impact on a substantial number of 
owners and operators of offshore vessels, MODUs, and floating OCS 
facilities and crane manufacturers. We also certify under 5 U.S.C. 
605(b) that this proposed rule would not have a significant economic 
impact on a substantial number of classification societies or cargo 
gear organizations.
    We are interested in the potential impacts from this proposed rule 
on small businesses and we request public comment on these potential 
impacts. If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
to the Docket Management Facility at the address under ADDRESSES. In 
your comment,

[[Page 27922]]

explain why you think it qualifies and how and to what degree this 
proposed 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mr. Ken Smith, CG-
OES-2, U.S. Coast Guard; telephone 202-372-1413 or email 
Ken.A.Smith@uscg.mil. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed 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 proposed rule would amend an existing collection of 
information as defined by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520); the proposal adds requirements for recording and 
recordkeeping. For example, the proposal adds requirements for training 
materials, training documentation and performing inspections and 
maintaining records of the results. As defined in 5 CFR 1320.3(c), 
``collection of information'' comprises reporting, recordkeeping, 
monitoring, posting, labeling, and other similar actions. The title and 
description of the information collections, a description of those who 
must collect the information, and an estimate of the total annual 
burden follow. The estimate covers the time for reviewing instructions, 
searching existing sources of data, gathering and maintaining the data 
needed, and completing and reviewing the collection.
    Title: Plan Approval & Records for Tank, Passenger, Cargo & 
Miscellaneous Vessels, Mobile Offshore Drilling Units, Nautical School 
Vessels and Oceanographic Research Vessels.
    OMB Control Number: 1625-0038.
    Summary of the Collection Of Information: The existing collection 
of information requires written responses such as submitted plans. The 
proposed rule would require responses ranging from the review of 
documentation and the procurement of written materials to the 
preparation of written information. Some examples of the proposed 
rule's collections of information include training documentation, 
procurement of industry standards and applications for acceptance. The 
collection of information would aid the regulated public in assuring 
safe practices associated with cranes.
    Need For Information: The Coast Guard needs this information to 
determine whether an entity meets the regulatory requirements.
    Proposed Use of Information: The Coast Guard would use this 
information to determine whether an entity meets the regulatory 
requirements.
    Description of the Respondents: The respondents are owners and 
operators of U.S.-flagged vessels, MODUs and floating OCS facilities 
with offshore pedestal cranes with a lifting capacity equal to or 
greater than 5 tons (10,000 lbs), classification societies, and crane 
manufacturers.
    Number of Respondents: The burden of this proposed rule for this 
collection of information includes certifications, approval requests, 
procurement of written materials, preparation of records and records of 
inspections. This collection of information applies to owners/operators 
of crane-equipped offshore vessels, MODUs and floating OCS facilities; 
crane manufacturers; classification societies; and cargo gear 
organizations. We estimate the maximum number of respondents is 112.
    Frequency of Responses: This proposed rule will vary the number of 
responses each year by requirement. Details are shown in the 
preliminary Regulatory Analysis.
    Burden of Response: The burden of response for each regulatory 
requirement varies. Details are shown in the preliminary Regulatory 
Analysis.
    Estimate of Total Annual Burden: This proposed rule will increase 
burden hours by 21,823.65 hours from the previously approved burden 
estimate.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we will submit a copy of this proposed rule to the Office of 
Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

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.
    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 proposed rule concerns the 
design, construction, alteration, repair, maintenance, operation, and 
equipping of cranes on MODUs, OSVs and floating OCS facilities. Because 
the States may not regulate within this category, preemption under 
Executive Order 13132 is not an issue.
    Additionally, Congress specifically granted the authority to 
regulate floating OCS facilities as it relates to the safety of life to 
the Secretary of the Department in which the Coast Guard is operating.

[[Page 27923]]

Section 1333(d)(1) of 43 U.S.C. states that the Secretary ``shall have 
the authority to promulgate and enforce such reasonable regulations 
with respect to lights and other warning devices, safety equipment, and 
other matters relating to the promotion of safety of life and property 
on the artificial islands, installations, and other devices . . . as he 
may deem necessary.'' As this rule would regulate the operation, 
maintenance, design, and construction of cranes on MODUs, OSVs, and 
floating OCS facilities, it falls within the scope of authority 
Congress granted exclusively to the Secretary. Therefore, since the 
States may not regulate within this category, 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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. 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 (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
OMB, 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 proposed rule uses the following voluntary consensus 
standards: API Spec. 2C, ``Specification for Offshore Pedestal Mounted 
Cranes,'' and API RP 2D, ``Recommended Practice for the Operation and 
Maintenance of Offshore Cranes.'' The proposed sections that reference 
these standards and the locations where these standards are available 
are listed in proposed 46 CFR 107.115, 108.101, and 109.105.

M. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This rule revises existing 
regulations to update industry standards and allows the use of 
additional organizations to act in lieu of Coast Guard marine 
inspectors. These changes fall under section 2.B.2, figure 2-1, 
paragraphs (34)(a), (b), (d), and (e) of the Instruction concerning the 
updating of regulations for editorial reasons, internal agency 
functions, vessel inspections, and equipment approval. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 107

    Cranes, Incorporation by reference, Inspection and certification, 
Marine safety, Mobile offshore drilling units, Oil and gas exploration, 
Plan approval, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 108

    Cranes, Design and equipment, Fire prevention, Incorporation by 
reference, Marine safety, Mobile offshore drilling units, Occupational 
safety and health, Oil and gas exploration, Vessels.

46 CFR Part 109

    Cranes, Incorporation by reference, Marine safety, Occupational 
safety and health, Mobile offshore drilling units, Oil and gas 
exploration, Operations, Reporting and recordkeeping requirements, 
Reports, notifications, and records, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 107, 108, and 109 as follows:

PART 107--INSPECTION AND CERTIFICATION

0
1. The authority citation for part 107 is revised to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3103, 3306, 3307; 46 U.S.C. 
3316; Department of Homeland Security Delegation No. 0170.1; Sec.  
107.05 also issued under the authority of 44 U.S.C. 3507.

0
2. Amend Sec.  107.111 to add the definition, in alphabetical order, 
for ``Crane'' to read as follows:
* * * * *
    Crane means a crane used in offshore lifting operations that is 
pedestal

[[Page 27924]]

mounted and has a lifting capacity of 5 tons (10,000 lbs) or more.
* * * * *
0
3. Revise Sec.  107.115 to read as follows:


Sec.  107.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
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), 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126, and is 
available from the sources listed below. It is also available 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, 281-977-5800, http://www.eagle.org.
    (1) ABS Rules for Building and Classing Mobile Offshore Drilling 
Units (2008), IBR approved for Sec.  107.305(hh).
    (2) [Reserved]
    (c) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005-4070, 202-682-8000, http://www.api.org.
    (1) API Spec. 2C, ``Specification for Offshore Pedestal Mounted 
Cranes'', Seventh Edition (March 2012), IBR approved for Sec. Sec.  
107.258(a), 107.260(b), and 107.309(a).
    (2) API RP 2D, ``Recommended Practice for Operation and Maintenance 
of Offshore Cranes'', Sixth Edition (May 2007), IBR approved for 
Sec. Sec.  107.258(c), 107.259(a), (b), (c), and 107.260(a).
    (d) ASTM International, 100 Barr Harbor Drive, West Conshohocken, 
PA 19428-2959, 610-832-9500, http://www.astm.org.
    (1) 2011/2012 ``Annual Book of ASTM Standards,'' Section 1--Iron 
and Steel Products, IBR approved for Sec.  107.305(hh).
    (2) [Reserved]
0
4. Revise Sec.  107.231 paragraph (m) to read as follows:


Sec.  107.231  Inspection for certification.

* * * * *
    (m) Each crane is inspected and tested in accordance with Sec.  
107.259 of this part.
* * * * *
0
5. Revise Sec.  107.258 to read as follows:


Sec.  107.258  Crane certification.

    (a) Each crane and crane foundation installed after [insert 
effective date of the final rule] must be certified as being designed 
and constructed in accordance with the American Petroleum Institute's 
(API) ``Specification for Offshore Pedestal Mounted Cranes,'' API Spec. 
2C, Seventh Edition (March 2012) (incorporated by reference, see Sec.  
107.115) or other equivalent standard identified by Commandant (CG-
ENG). Cranes installed prior to [insert effective date of the final 
rule] must comply with the regulations in effect at the time of 
installation.
    (b) The Coast Guard may accept current certificates issued by Coast 
Guard approved organizations as evidence of condition and suitability 
of cranes. The following organizations are approved by the Coast Guard 
as crane-certifying authorities:
    (1) Recognized classification societies as outlined in 46 CFR part 
8.
    (2) International Cargo Gear Bureau, Inc., 321 West 44th Street, 
New York, NY 10036, on the Internet at http://www.icgb.com.
    (3) Crane manufacturers holding a license from API to apply the API 
monogram to crane nameplates.
    (c) Crane certification must be based on--
    (1) A review of plans submitted under Sec.  107.309; and
    (2) Satisfactory completion of the initial tests and inspections 
outlined by the API's ``Recommended Practice for Operation and 
Maintenance of Offshore Cranes,'' API RP 2D, Sixth Edition (May 2007), 
Section 4.1.2.1 (incorporated by reference, see Sec.  107.115).
    (d) Each load test and inspection, witnessed or conducted by the 
certifying authority must be recorded in the unit's Crane Record Book 
required in Sec.  109.437.
    (e) The Coast Guard may, at any time, conduct an audit of the crane 
inspection, testing, or certification process to ensure satisfactory 
performance of crane-certifying authorities.
0
6. Revise Sec.  107.259 to read as follows:


Sec.  107.259  Crane inspection and testing.

    (a) Each crane must be inspected and tested in accordance with 
Section 4 of the American Petroleum Institute's (API) ``Recommended 
Practice for Operation and Maintenance of Offshore Cranes,'' API RP 2D, 
Sixth Edition (May 2007) (incorporated by reference, see Sec.  107.115) 
or other equivalent standard identified by Commandant (CG-ENG), except 
that the rated load tests must be performed in accordance with Sec.  
107.260.
    (b) Annual tests and inspections must be witnessed or conducted by 
qualified inspectors, as defined in API's ``Recommended Practice for 
Operation and Maintenance of Offshore Cranes'', API RP 2D, Sixth 
Edition (May 2007) (incorporated by reference, see Sec.  107.115), of 
an approved crane-certifying authority listed under Sec.  107.258.
    (c) The qualified inspector must certify that the tests and 
inspections were conducted in accordance with API RP 2D, ``Recommended 
Practice for Operation and Maintenance of Offshore Cranes,'' Sixth 
Edition (May 2007) (incorporated by reference, see Sec.  107.115), or 
other equivalent standard identified by Commandant (CG-ENG), as 
modified by Sec.  107.260.
0
7. Amend Sec.  107.260 as follows:
0
a. Revise paragraph (a);
0
b. Remove paragraph (b);
0
c. Redesignate paragraphs (c), (c)(1), (c)(2), and (c)(3) as paragraphs 
(b), (b)(1), (b)(2), and (b)(3), respectively; and
0
d. Revise redesignated paragraph (b)(3) to read as follows:


Sec.  107.260  Rated load test for cranes.

    (a) To meet the requirements in Sec.  107.231(l), each crane must 
be load tested in accordance with the recommended procedures outlined 
in the American Petroleum Institute's (API) ``Recommended Practice for 
Operation and Maintenance of Offshore Cranes,'' API RP 2D, Sixth 
Edition (May 2007) (incorporated by reference, see Sec.  107.115) 
Appendix E, at both the maximum and minimum boom angles usually 
employed in material transfers over the side of the unit.
    (b) * * *
    (3) After repairs or alterations to any critical component of the 
crane as defined in Section 5.2 of API Spec. 2C, ``Specification for 
Offshore Pedestal Mounted Cranes,'' Seventh Edition (March 2012) 
(incorporated by reference, see Sec.  107.115).
0
8. Amend Sec.  107.309 as follows:
0
a. Revise paragraphs (a) introductory text and (a)(1);
0
b. Remove paragraph (a)(2) and redesignate paragraphs (a)(3) and (a)(4) 
as paragraphs (a)(2) and (a)(3), respectively;
0
c. Remove the note to redesignated paragraph (a)(3);
0
d. Revise paragraph (b) introductory text; and
0
e. Add paragraph (b)(3) to read as follows:

[[Page 27925]]

Sec.  107.309  Crane plans and information.

    (a) The following plans and information must be reviewed and 
approved by an approved crane-certifying authority listed under Sec.  
107.258(b) of this part:
    (1) Stress and arrangement diagrams, bill of materials, and 
supporting calculations for all structural critical components listed 
in Annex A of API Spec. 2C, ``Specification for Offshore Pedestal 
Mounted Cranes,'' Seventh Edition (March 2012) (incorporated by 
reference, see Sec.  107.115) or as otherwise identified by the 
manufacturer.
    (2) * * *
    (3) Manufacturer supplied documentation listed in Section 4.1 of 
API Spec. 2C, ``Specification for Offshore Pedestal Mounted Cranes,'' 
Seventh Edition (March 2012) (incorporated by reference, see Sec.  
107.115), or equivalent documentation identified by Commandant (CG-
ENG).
    (b) The following plans and information must be reviewed and 
approved by the Coast Guard Marine Safety Center:
    (1) * * *
    (3) Drawings and material specifications of foundations and 
substructures with supporting calculations for support and stability of 
each crane under its rated load.

PART 108--DESIGN AND EQUIPMENT

0
9. The authority citation for part 108 continues to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of 
Homeland Security Delegation No. 0170.1.

0
10. Revise Sec.  108.101 to read as follows:


Sec.  108.101  Incorporation by Reference.

    (a) Certain material is incorporated by reference into this part 
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 Design and Engineering Standards (CG-ENG), 
2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126, and is 
available from the sources listed below. It is also available 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 National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036, 212-642-4980, http://www.ansi.org.
    (1) ANSI standard, Z-89.1-1969, Helmet Safety, IBR approved for 
Sec.  108.497(f).
    (2) [Reserved]
    (c) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005-4070, 202-682-8000, http://www.api.org.
    (1) API Spec. 2C, ``Specification for Offshore Pedestal Mounted 
Cranes'', Seventh Edition (March 2012), IBR approved for Sec.  108.601.
    (2) [Reserved]
    (d) ASTM International, 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, IBR approved for Sec.  108.500(b).
    (2) ASTM F 1014-92, Standard Specification for Flashlights on 
Vessels, IBR approved for Sec.  108.497(b).
    (3) ASTM F 1121-87 (1993), Standard Specification for International 
Shore Connections for Marine Fire Applications, IBR approved for Sec.  
108.427(a).
    (e) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London, SE1 7SR United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org.
    (1) Resolution A.520(13), Code of Practice for the Evaluation, 
Testing and Acceptance of Prototype Novel Life-saving Appliances and 
Arrangements, 17 November 1983, IBR approved for Sec.  108.105(c).
    (2) Resolution A.649(16), Code for the Construction and Equipment 
of Mobile Offshore Drilling Units (MODU Code), 19 October 1989 with 
amendments of June 1991, IBR approved for Sec.  108.503.
    (3) Resolution A.658(16), Use and Fitting of Retro-reflective 
Materials on Life-saving Appliances, 20 November 1989, IBR approved for 
Sec. Sec.  108.645(a) and 108.649(a) and (e).
    (4) Resolution A.760(18), Symbols Related to Life-saving Appliances 
and Arrangements, 17 November 1993, IBR approved for Sec. Sec.  
108.646(a), 108.647, 108.649(b), (d), (f), and (g), and 108.655(e).
    (f) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02269-9101, 800-344-3555, http://www.nfpa.org.
    (1) NFPA 13-1996, Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  108.430.
    (2) [Reserved]
0
11. Amend Sec.  108.105 as follows:
0
a. In paragraph (b), after the words ``upon such condition as will'', 
remove the word ``insure'' and add, in its place, the word ``ensure'';
0
b. In paragraph (c), replace the numbers ``521'' with the letters 
``ENG''; and
0
c. Revise paragraph (c)(1) to read as follows:


Sec.  108.105  Substitutes for required fittings, material, apparatus, 
equipment, arrangements, calculations, and tests.

* * * * *
    (c) * * *
    (1) Is evaluated and tested in accordance with IMO Resolution 
A.520(13), Code of Practice for the Evaluation, Testing and Acceptance 
of Prototype Novel Life-saving Appliances and Arrangements 
(incorporated by reference, see Sec.  108.101); or
* * * * *
0
12. Revise Sec.  108.427 paragraph (a) to read as follows:


Sec.  108.427  International shore connection.

* * * * *
    (a) At least one international shore connection that meets ASTM F 
1121 (incorporated by reference, see Sec.  108.101).
* * * * *
0
13. Revise Sec.  108.430 to read as follows:


Sec.  108.430  General.

    Automatic Sprinkler Systems must comply with NFPA 13-1996 
(incorporated by reference, see Sec.  108.101).
0
14. Revise Sec.  108.497 paragraph (f) to read as follows:


Sec.  108.497  Fireman's outfits.

* * * * *
    (f) A helmet that meets the requirements in ANSI standard Z-89.1-
1969 (incorporated by reference, see Sec.  108.101); and
* * * * *
0
15. Revise Sec.  108.503 introductory text to read as follows:


Sec.  108.503  Relationship to international standards.

    For the purposes of this part, any unit carrying a valid IMO MODU 
Safety Certificate, including a listing of lifesaving equipment as 
required by the 1989 IMO MODU Code (incorporated by reference, see 
Sec.  108.101), is considered to have met the requirements of this 
subpart if, in addition to the requirements of the 1989 MODU Code, it 
meets the following requirements:
* * * * *
0
16. Revise Sec.  108.601 to read as follows:

[[Page 27926]]

Sec.  108.601  Crane design.

    Each crane and crane foundation on a unit installed after [insert 
effective date of the final rule] must be designed in accordance with 
the American Petroleum Institute's API Spec. 2C, ``Specification for 
Offshore Pedestal Mounted Cranes,'' Seventh Edition (March 2012) 
(incorporated by reference, see Sec.  108.101) or other equivalent 
standard identified by Commandant (CG-ENG). Cranes installed prior to 
[insert effective date of the final rule] must comply with the 
regulations in effect at the time of installation.
0
17. Revise Sec.  108.645 paragraph (a)(4) to read as follows:


Sec.  108.645  Markings on lifesaving appliances.

    (a) * * *
    (4) Type II retro-reflective material approved under approval 
series 164.018 must be placed on the boat and meet the arrangement 
requirements in IMO Resolution A.658(16) (incorporated by reference, 
see Sec.  108.101).
* * * * *
0
18. Revise Sec.  108.646 paragraph (a) to read as follows:


Sec.  108.646  Markings of stowage locations.

    (a) Containers, brackets, racks, and other similar stowage 
locations for lifesaving equipment, must be marked in accordance with 
IMO Resolution A.760(18) (incorporated by reference, see Sec.  
108.101), indicating the devices stowed in that location for that 
purpose.
* * * * *
0
19. Revise Sec.  108.647 to read as follows:


Sec.  108.647  Inflatable liferafts.

    The number of the liferaft and the number of persons it is 
permitted to accommodate must be marked or painted in a conspicuous 
place in the immediate vicinity of each inflatable liferaft in block 
capital letters and numbers. The word ``LIFERAFT'' or the appropriate 
symbol from IMO Resolution A.760(18) (incorporated by reference, see 
Sec.  108.101) must be used to identify the stowage location. Liferafts 
stowed on the sides of the unit must be numbered in the same manner as 
the lifeboats. This marking must not be on the inflatable liferaft 
container.
0
20. Revise Sec.  108.649 paragraphs (a)(2), (b), (d), (e)(2), (f), and 
(g) to read as follows:


Sec.  108.649  Lifejackets, immersion suits, and lifebuoys.

    (a) * * *
    (2) With type I retro-reflective material approved under approval 
series 164.018. The arrangement of the retro-reflective material must 
meet IMO Resolution A.658(16) (incorporated by reference, see Sec.  
108.101).
    (b) The stowage positions for lifejackets, other than lifejackets 
stowed in staterooms, must be marked with either the word 
``LIFEJACKET'' or with the appropriate symbol from IMO Resolution 
A.760(18) (incorporated by reference, see Sec.  108.101).
* * * * *
    (d) Immersion suits or anti-exposure suits must be stowed so they 
are readily accessible, and the stowage positions must be marked with 
either the words ``IMMERSION SUITS'' or ``ANTI-EXPOSURE SUITS'', or 
with the appropriate symbol from IMO Resolution A.760(18) (incorporated 
by reference, see Sec.  108.101).
    (e) Each lifebuoy must be marked--
    (1) * * *
    (2) With type II retro-reflective material approved under part 164, 
subpart 164.018 of this chapter. The arrangement of the retro-
reflective material must meet IMO Resolution A.658(16) (incorporated by 
reference, see Sec.  108.101).
    (f) Each lifebuoy stowage position must be marked with either the 
words ``LIFEBUOY'' or ``LIFE BUOY'', or with the appropriate symbol 
from IMO Resolution A.760(18) (incorporated by reference, see Sec.  
108.101).
    (g) Each lifejacket, immersion suit, and anti-exposure suit 
container must be marked in block capital letters and numbers with the 
minimum quantity, identity, and if sizes other than adult or universal 
sizes are used on the unit, the size of the equipment stowed inside the 
container. The equipment may be identified in words or with the 
appropriate symbol from IMO Resolution A.760(18) (incorporated by 
reference, see Sec.  108.101).
0
21. Revise Sec.  108.655 paragraph (e) to read as follows:


Sec.  108.655  Operating instructions.

* * * * *
    (e) Display symbols in accordance with IMO Resolution A.760(18) 
(incorporated by reference, see Sec.  108.101).

PART 109--OPERATIONS

0
22. The authority citation for part 109 continues to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; 
Department of Homeland Security Delegation No. 0170.1.

0
23. Revise Sec.  109.105 to read as follows:


Sec.  109.105  Incorporation by Reference.

    (a) Certain material is incorporated by reference into this part 
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), 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126, and is 
available from the sources listed below. It is also available 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 Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005-4070, 202-682-8000, http://www.api.org.
    (1) API Spec. 2C, ``Specification for Offshore Pedestal Mounted 
Cranes'', Seventh Edition (March 2012), IBR approved for Sec.  
109.437(a).
    (2) API RP 2D, ``Recommended Practice for Operation and Maintenance 
of Offshore Cranes'', Sixth Edition (May 2007), IBR approved for 
Sec. Sec.  109.437(b), 109.521, and 109.527(c).
    (c) ASTM International, 100 Barr Harbor Drive, West Conshohocken, 
PA 19428-2959, 610-832-9500, http://www.astm.org.
    (1) ASTM Adjunct F 1626, Symbols for Use in Accordance with 
Regulation II-2/20 of the 1974 SOLAS Convention as amended PCN: 12-
616260-01 (1996), IBR approved for Sec.  109.563(a).
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London, SE1 7SR United Kingdom, +44 (0) 
20 7735 7611, http://www.imo.org.
    (1) Resolution A.654 (16), Graphical Symbols for Fire Control 
Plans, IBR approved for Sec.  109.563(a).
    (2) [Reserved]
0
24. Amend Sec.  109.437 as follows:
0
a. Remove paragraph (d);
0
b. Redesignate paragraphs (e), (f), (g), and (h) as paragraphs (d), 
(e), (f), and (g), respectively; and
0
c. Revise paragraphs (a)(1), (a)(2), (b), and (c) to read as follows:


Sec.  109.437  Crane record book.

* * * * *
    (a) * * *
    (1) The API name plate data required by Section 13 of the American

[[Page 27927]]

Petroleum Institute's (API), ``Specification for Offshore Pedestal 
Mounted Cranes,'' API Spec. 2C, Seventh Edition (March 2012) 
(incorporated by reference, see Sec.  109.105), or similar data 
provided by the manufacturer of a crane that has a lifting capacity 
less than 5 tons (10,000 lbs) that is not designed to API 
specifications; and
    (2) The load rating chart for each line reeving and boom length 
that may be used.
    (b) Information required by Section 4 of the API's ``Recommended 
Practice for Operation and Maintenance of Offshore Cranes,'' API RP 2D, 
Sixth Edition (May 2007) (incorporated by reference, see Sec.  109.105) 
or similar information provided by the manufacturer of a crane that has 
a lifting capacity less than 5 tons (10,000 lbs) that is not designed 
to API specifications.
    (c) Dates and results of inspections and tests required by 
paragraph (b) of this section.
* * * * *
0
25. In Sec.  109.439, revise the introductory text and paragraph (b) to 
read as follows:


Sec.  109.439  Crane certificates.

    The master or person in charge must ensure that the following 
certificates and records for each crane are maintained on the unit:
* * * * *
    (b) Each record and original certificate, or certified copy of a 
certificate issued by manufacturers, testing laboratories, companies, 
or organizations for--
* * * * *
0
26. Revise Sec.  109.521 to read as follows:


Sec.  109.521  Cranes: General.

    The master or person in charge must ensure that each crane is 
operated and maintained in accordance with the American Petroleum 
Institute's ``Recommended Practice for Operation and Maintenance of 
Offshore Cranes,'' API RP 2D, Sixth Edition (May 2007) (incorporated by 
reference, see Sec.  109.105). Cranes and other lifting appliances that 
do not meet the definition of a crane specified in Sec.  107.111 must 
be operated and maintained in accordance with the manufacturer's 
recommendations.


Sec.  109.525  [Amended]

0
27. In Sec.  109.525, after the word ``charge'', remove the word 
``shall'' and add, in its place, the word ``must''.
0
28. Revise Sec.  109.527, to read as follows:


Sec.  109.527  Cranes: Operator designation.

    (a) The master or person in charge must designate, in writing, each 
crane operator.
    (b) The master or person in charge must ensure that only designated 
operators operate cranes.
    (c) The master or person in charge must ensure that each designated 
operator is familiar with the provisions of the American Petroleum 
Institute's ``Recommended Practice for Operation and Maintenance of 
Offshore Cranes,'' API RP 2D, Sixth Edition (May 2007) (incorporated by 
reference, see Sec.  109.105).
0
29. Add Sec.  109.529 to subpart F to read as follows:


Sec.  109.529  Cranes: Lifting operations.

    All crane lifting operations must be conducted in accordance with 
the applicable sections of 33 CFR subchapter N, Outer Continental Shelf 
Activities.
0
30. Revise Sec.  109.563 paragraph (a)(6) to read as follows:


Sec.  109.563  Posting of documents.

* * * * *
    (a) * * *
    (6) For units constructed on or after September 30, 1997, and for 
existing units which have their plans redrawn, the symbols used to 
identify the aforementioned details must be in accordance with IMO 
Assembly resolution A.654(16) (incorporated by reference, see Sec.  
109.105). The identical symbols can be found in ASTM Adjunct F 1626 
(incorporated by reference, see Sec.  109.105).
* * * * *

    Dated: April 10, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-11132 Filed 5-10-13; 8:45 am]
BILLING CODE 9110-04-P