[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Proposed Rules]
[Pages 32477-32483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15231]
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[[Page 32478]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 30, 31, 70, 71, 90, 91, and 107
[CGD 95-010]
RIN 2115-AF 11
Alternate Compliance via Recognized Classification Society and
U.S. Supplement to Rules (CGD 95-010)
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend regulations to provides
owners of U.S. tank vessels, passenger vessels, cargo vessels,
miscellaneous vessels and mobile offshore drilling units an alternative
method to fulfill the requirements for vessel design, inspection and
certification. Under this proposal, the Coast Guard would issue a
certificate of inspection based upon a recognized classification
society's reports that the vessel complies with the International
Convention for the Safety of Life at Sea, as amended (SOLAS 74/83),
other applicable international conventions, classification society
rules, and other specified requirements. This will reduce the burden on
vessel owners and operators by eliminating duplicative plan reviews and
inspections by the classification society and the Coast Guard.
DATE: Comments must be received on or before September 20, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, marine
Safety Council (G-LFA/3406) (CGD 95-010), U.S. Coast Guard
Headquarters, 2200 Second Street, SW., Washington, DC 20593-0001, or
may be delivered to Room 3406 at the above address between 8 a.m. and 3
p.m. weekdays, except Federal holidays. the telephone number is (202)
267-1477. Comments on collection-of-information requirements must be
mailed also to the Office of Information and Regulatory Affairs, Office
of Management and Budget, 725 17th Street, NW., Washington, D.C. 20503,
ATTN: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at Room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Albert G. Kirchner, Jr., Office of
Marine Safety, Security and Environmental Protection (G-MTH-4/13), Room
1304, U.S. Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593-0001, (202) 267-0168.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in the
rulemaking by submitting written data, views or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CGD 95-010) and the specific section of this proposal
to which each comment applies, and give the reason for each comment.
Please submit two copies of all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. Persons wanting acknowledgment of receipt of
comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period and may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing the Marine Safety Council at the address
under ADDRESSES. The request should include reasons why a hearing would
be beneficial. If the council determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Mr.
Albert G. Kirchner, Jr., Project Manager, Office of Marine Safety,
Security and Environmental Protection and Commander Thomas R. Cahill,
Project Counsel, Office of Chief Counsel.
Background and Purpose
As part of its regulatory reform efforts, the Coast Guard invited
the maritime industry to identify unnecessarily burdensome regulations.
In response, the U.S. maritime industry submitted many comments noting
the continuing pressure on the competitive position of the U.S.
oceangoing merchant fleet and commercial shipbuilding industry. Members
of the industry called for greater alignment of Coast Guard regulations
with international standards to reduce the cost disadvantages incurred
by U.S. maritime industry and thereby improve the competitiveness of
the U.S. industry. These developments, together with a desire to focus
more attention on human element and port state control activities,
prompted the Coast Guard to review its approach of ensuring maritime
safety through vessel compliance inspections.
This proposal would be responsive to the needs expressed by the
U.S. maritime industry to reduce the regulatory burden and alleviate
duplication of effort between the Coast Guard and the classification
societies. These processes are the culmination of one public meeting
and more than 10 follow-on meetings involving all major shipbuilding
and maritime operator interests in the nation. As a result of this
intensive cooperative effort, the concept of alternative compliance was
developed as a means of reducing adverse regulatory effects without
jeopardizing safety.
As part of this review, a joint USCG/American Bureau of Shipping
(ABS) task force compared the requirements in the Code of Federal
Regulations (CFR), ABS Rules, the 1974 Safety of Life at Sea
Convention, as amended (SOLAS 74/83), and the International Convention
for the Prevention of Pollution from Ships (MARPOL 73/78). The purpose
of this comparison was to identify redundancies and determine if other
regulations could be used in place of CFR requirements to achieve an
equivalent level of safety. Over 370 separate regulatory provisions
have been examined to date, and the task force has determined that many
of the CFR requirements examined could be satisfied by ABS Rules, SOLAS
74, MARPOL 73/78 or combinations of the three. This led to the
development of an ABS U.S. Supplement (USS). The USS addresses those
areas where current Coast Guard requirements are not embodied by either
ABS Rules or international conventions or, in the case of international
conventions, whose interpretations are needed by the U.S. flag
administration. The Coast Guard has concluded that the design
requirements and survey provisions of ABS class rules, applicable
international conventions, and the USS provide a level of maritime
safety equivalent to corresponding Federal regulations which govern the
same aspects of U.S. vessels.
Under this proposal, owners, operators, shipbuilders, and designers
of U.S. flagged tank vessels, passenger vessels, cargo vessels,
miscellaneous vessels, and mobile offshore drilling units subject to
inspection under Part B of Subtitle II of 46 U.S.C. (sections 3101-
4705) would have an alternative to traditional inspection by the Coast
Guard. They could use the services of a recognized classification
society to perform inspection and plan review [[Page 32479]] functions
now performed by the Coast Guard. The cognizant Coast Guard Officer-in-
Charge of Marine Inspection may issue a certificate of inspection based
upon the classification society's reports that the vessel is classed
and complies with applicable requirements. This alternative would free
Coast Guard resources and allow the Coast Guard to move from assessing
a vessel's equipment and material condition to evaluating more pressing
concerns related to the human element. In addition, it would allow the
Coast Guard to shift resources from inspection of U.S. vessels to port
state enforcement efforts without degrading the safety of U.S vessels.
The Coast Guard would maintain oversight of this Alternative Compliance
Program (ACP) through random checks of delegated tasks, monitoring of
the classification society's quality system via participation in system
audits and tracking demonstrated performance in identifying and
correcting quality deficiencies.
Under current law, the Coast Guard may, with limited exceptions,
only delegate inspection and examination functions to the ABS or
similar United States classification society. Separate legislation has
been introduced that would allow the Coast Guard to recognize
additional classification societies. if the Coast Guard recognizes
other classification societies, each classification society's rules
would be examined and a separate supplement developed to be
incorporated by reference in a future rulemaking.
An ACP pilot program with ABS was announced by the Federal Register
notice of February 3, 1995 (60 FR 6687). The purpose of the pilot
program is to test and evaluate the standards and procedures that have
been developed in cooperation with the ABS. The Coast Guard may modify
this proposal based upon the experience and findings of the ACP pilot
program. In addition, the Coast Guard will use the pilot program to
determine the level of resources involved in the alternate compliance
process, and may adjust vessel inspection user fees through a separate
rulemaking.
Discussion of Proposed Amendments
This proposal would establish alternate compliance procedures for
U.S. flagged tank vessels, passenger vessels, cargo vessels,
miscellaneous vessels, and mobile offshore drilling units. It would add
new incorporation by reference sections in 46 CFR parts 30 (Sec. 30.01-
4), 70 (Sec. 70.01-10) and 90 (Sec. 90.01-10). Each of these sections
would incorporate, by reference, the ABS Class Rules for Building and
Classing Steel Vessels, 1995, and the ABS U.S. Supplement to Class
Rules for Building and Classing Steel Vessels, 1995. When developed,
the ABS Class Rules for Building and Classing Mobile Offshore Drilling
Units would be added to the existing incorporation by reference
provisions in 46 CFR 107.115. These documents are available from the
American Bureau of Shipping at the address indicated in the applicable
section. The Coast Guard has determined that compliance with applicable
international requirements, the ABS Class rules, and respective ABS
U.S. Supplement would provide a level of safety equivalent to
compliance with existing regulations.
The proposal would also add new sections in 46 CFR parts 31
(Sec. 31.01-3), 71 (Sec. 71.15-5), 91 (Sec. 91.15-5), and 107
(Sec. 107.205). These sections would allow the owner or operator of a
vessel subject to Coast Guard inspection for initial issuance or
renewal of a certificate of inspection to submit the vessel for
inspection by a recognized classification society, such as ABS. The
classification society would inspect the vessel to ensure that it
complies with applicable international requirements, their Class rules,
and its U.S. supplement.
The owner or operator of an eligible vessel who desires to take
advantage of these provisions would indicate on the Application for
Inspection of U.S. Vessel (CG-3752) that the vessel has been enrolled
in an accepted alternate compliance program, naming the classification
society, and that the inspection would be conducted by that
classification society. The cognizant Coast Guard Officer-in-Charge of
Marine Inspection (OCMI) may issue a certificate of inspection (COI)
based on reports from a recognized classification society, such as ABS,
that the vessel complies with applicable international requirements,
the classification society's rules, and its U.S. supplement.
If the OCMI declines to issue a COI even though the recognized
classification society's reports indicate the vessel meets the
applicable standards, the owner may appeal the OCMI's decision under 46
CFR 1.03-20. If the cognizant OCMI declines to issue a COI based on
reports from the classification society that the vessel does not meet
applicable standards, the vessel owner could choose to correct the
deficiencies and arrange with the classification society for an
additional inspection, request that the Coast Guard inspect the vessel
under the other provisions of 46 CFR Ch. I, appeal the decision under
46 CFR 1.03-35, or appeal via the recognized classification society to
Chief, Merchant Vessel Inspection and Documentation Division, U.S.
Coast Guard.
Regulatory Evaluation
The Coast Guard has determined the economic impact of this proposed
rule change would be positive and that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This proposal is not significant under Executive Order
12866 and Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11040, February 26, 1979). The purpose of this
rulemaking is to provide economic relief to the U.S. maritime industry
without jeopardizing safety.
The Coast Guard believes this proposal, if adopted, would provide
an economic benefit to the owners and operators of U.S. flagged
vessels. Currently, 549 U.S. vessels may be eligible to participate in
this proposed alternative compliance program. The Coast Guard estimates
that while a vessel owner may have to pay an additional $5 thousand in
classification society fees for functions presently performed by the
Coast Guard, the savings in design, construction and operating costs
will recover this expense many times over during the lifetime of the
vessel. Moreover, ships built and maintained to SOLAS 74/83, MARPOL 73/
78, recognized classification society rules and accepted U.S.
supplement are expected to experience greater competitiveness in the
worldwide shipping market.
Additionally, streamlining the certification process will reduce
time frames for Coast Guard involvement in the Certificate of
Inspection process from an average of over 50 hours to 10 hours or
less. Because the vessel is already inspected by the classification
society, this program will reduce the duplication, decrease vessel
``down time'' and permit greater scheduling flexibility. Lower
construction and operating costs, grater flexibility for the vessel in
the global market and additional availability for vessel hire will
offset the costs incurred through the alternative plan review and
inspection process utilizing a recognized classification society. The
Coast Guard specifically solicits comments on potential costs, savings
and benefits.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have significant
impact on a substantial number of small entities.
[[Page 32480]] ``Small entities'' include independently owned and
operated small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
This rule change provides an alternative to complying with existing
regulations. The Coast Guard believes that rulemaking would have a
positive economic impact if the owner chooses to participate in the
alternate compliance program. This rulemaking would have no impact on
vessel owners who do not choose to participate in this program.
Therefore, the Coast Guard certifies that under 5 U.S.C. 605(b) this
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each rulemaking which
contains a collection of information requirement to determine if the
practical value of the information is worth the burden imposed by its
collection. Information collection requirements include reporting,
recordkeeping, notification and other similar requirements.
Without changing the current Application for Vessel Inspection
process, owners and operators would have the opportunity to declare
whether the vessel will comply with SOLAS requirements, recognized
classification society rules and their U.S. supplement or Coast Guard
regulations. Since the application for inspection is already a
requirement, this will not impose any additional documentation or
paperwork requirements on vessel owners or operators. Under the
memorandum of agreement between Coast Guard and ABS, ABS will provide a
copy of its reports to the Coast Guard. Future agreements with
classification societies wishing to be recognized for this program will
contain similar provisions. The Coast Guard expects that the reports
compiled by the classification society will be sufficient for Coast
Guard review purposes. Although under this proposed rule, the
classification society would only provide copies of its report to the
Coast Guard with virtually no additional paperwork burden imposed, this
is subject to OMB approval under the Paperwork Reduction Act.
This proposal contains collection-of-information requirements in
the following sections: Sec. 31.01-3, Sec. 71.15-5, Sec. 91.15-5 and
Sec. 107.205.
Dot No: New.
Administration: U.S. Coast Guard.
Title: Alternate Compliance via Recognized Classification Society
and U.S. Supplement to Rules.
Need For Information: Vessel inspection reports are needed to
document the compliance of a marine vessel with recognized
classification society rules, the accepted U.S. supplement to rules,
and applicable international maritime safety and marine environmental
conventions. Classification societies recognized to participate in this
program will submit copies of reports they routinely prepare to the
Coast Guard.
Proposed Use of Information: The information will be used by the
Coast Guard to determine if the vessel is in compliance with the
requirements necessary for issuance of a Certificate of Inspection.
Frequency of Response: Reports are required whenever the recognized
classification society inspects a vessel on behalf of the Coast Guard.
This is generally for the initial issuance of the Certificate of
Inspection (COI) and whenever the COI must be renewed. Renewal periods
for vessel Certificates of Inspection are not being changed by this
proposal. For tank, cargo, and miscellaneous non-nuclear vessels this
period is two years; for passenger vessels over 100 gross tons and
miscellaneous nuclear vessels the renewal period is one year; and for
mobile offshore drilling units the renewal period is two years. A
separate legislative proposal currently exists that would harmonize
inspection intervals with international requirements.
Burden Estimate: There is no additional burden created by this
rulemaking. The required reported are already being prepared in the
course of business between the classification society and the vessel
owner or operator.
Respondents: The recognized classification societies.
Forms: None.
Average Burden Hours Per Respondent: No additional burden is
created by this rulemaking. The required reported are already being
prepared in the course of business between the classification society
and the vessel owner or operator.
The Coast Guard has submitted the requirements to OMB for review
under section 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined it does not have federalism requirements warranting a
Federalism Assessment. the authority to regulate safety requirements of
U.S. vessels is committed to the Coast Guard by statute. Furthermore,
since these vessels tend to move from port to port in the national
market place, these safety requirements need to be national in scope to
avoid numerous, unreasonable and burdensome variances. Therefore, this
action would preempt State action addressing the same matter.
Environment
Coast Guard Commandant Instruction M16475.1B, Section 2.B.2
categorically excludes inspection and equipment aspects of this
rulemaking from further environmental documentation. A Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
The Coast Guard also considered the design and construction aspects
of this rulemaking for environmental impact, and concluded that
preparation of an Environmental Impact Statement is not necessary.
Since the combination of classification society rules, applicable
international conventions and the U.S. supplement to the rules have
been determined to provide a level of safety equivalent to current
Coast Guard regulations, the Coast Guard expects that this proposal
will have no adverse environmental impact. A draft Environmental
Assessment and a draft Finding of No Significant Impact are available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen, Incorporation by reference.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements, Incorporation by reference.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements, Incorporation by reference. [[Page 32481]]
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements, Incorporation by reference.
46 CFR Part 90
Cargo vessels, Marine safety, Incorporation by reference.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements, Incorporation by reference.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels, Incorporation by reference.
PART 30--GENERAL PROVISIONS
1. The authority for part 30 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703, 49 U.S.C. App. 1804; 49 CFR
1.45, 1.46; Section 30.01-2 also issued under the authority of 44
U.S.C. 3507.
2. Add new Sec. 30.01-4 to read as follows:
Sec. 30.01-4 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of the change in the Federal Register and the
material must be available to the public. All material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC and at the U.S. Coast Guard,
Marine Technical and Hazardous Materials Division, 2100 Second St.,
SW., Washington, DC 20593-0001, and is available from the sources
listed in paragraph (b) of this section.
(b) The material incorporated by reference in this subchapter and
the sections affected are as follows:
American Bureau of Shipping (ABS)
Two World Trade Center, 106th Floor, New York, NY 10048
Rules for Building and Classing Steel Vessels, 1995: 31.01-3
U.S. Supplement to ABS rules for Steel Vessels for Vessels on
International Voyages, 1995: 31.01-3
PART 31--INSPECTION AND CERTIFICATION
3. The authority for part 31 continues to read as follows:
Authority: 33 U.S.C 1321(j); 46 U.S.C. 3306, 3703, 5115, 8105;
49 U.S.C. App. 1984; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 11735, 38 FR 21243, 3 CFR 1971-1975 Comp., p. 793; 49 CFR
1.46.
4. Add new Sec. 31.01-3 to read as follows:
Sec. 31.01-1 Alternate compliance.
(a) In lieu of compliance with other provisions of this subchapter,
the owner or operator of a vessel subject to plan review and inspection
under this subchapter for initial issuance or renewal of a Certificate
of Inspection (COI) may submit the vessel for classification, plan
review and inspection by a recognized classification society to
determine compliance with applicable international treaties and
agreements, the classification society's rules, and the U.S. supplement
prepared by the classification society and accepted by the Coast Guard.
Recognized classification societies and accepted rules and supplements
are listed in paragraph (e) of this section.
(b) A vessel owner or operator wishing to have a vessel inspected
under paragraph (a) of this section shall submit an Application for
Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate
on the form that the inspection will be conducted by a recognized
classification society.
(c) Based on reports from a recognized classification society that
a vessel complies with paragraph (a) of this section, the cognizant
OCMI may issue a certificate of inspection to the vessel. If the OCMI
declines to issue a certificate of inspection even though the reports
indicate the vessel meets applicable standards, the vessel owner or
operator may appeal as provided in subpart 1.03 of this chapter.
(d) If reports from a reognized classification society indicate
that a vessel does not comply with paragraph (a) of this section, the
cognizant OCMI will not issue a certificate of inspection. The vessel
owner or operator may:
(1) Correct the reported deficiencies and arrange with the
classification society for an additional inspection;
(2) Request inspection by the Coast Guard under other provisions of
this subchapter; or
(3) Appeal via the recognized classification society to Chief,
Merchant Vessel Inspection and Documentation Division, Commandant (G-
MVI), U.S. Coast Guard, 2100 Second St. SW., Washington, D.C. 20593-
0001.
(e) For the purposes of this section, the following classification
societies are recognized by the Coast Guard, and their rules and
supplements are accepted:
American Bureau of Shipping
Two World Trade Center, 106th Floor, New York, NY 10048
Accepted rules: Rules for Building and Classing Steel Vessels,
1995.
Accepted supplement: U.S. Supplement to ABS Rules for Steel
Vessels for Vessels on International Voyages, 1995.
PART 70--GENERAL PROVISIONS
5. The authority for part 70 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804, E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;
Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.
6. Add new Sec. 70.01-10 to read as follows:
Sec. 70.01-10 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of the change in the Federal Register and the
material must be available to the public. All material is available for
inspection at the Office of the Federal Register, 800 North Capitol
St., NW., Suite 700, Washington, DC and at the U.S. Coast Guard, Marine
Technical and Hazardous Materials Division, 2100 Second St., SW.,
Washington, DC 20593-0001, and is available from the sources listed in
paragraph (b) of this section.
(b) The material incorporated by reference in this subchapter and
the sections affected are as follows:
American Bureau of Shipping (ABS)
Two World Trade Center, 106th Floor, New York, NY 10048
Rules for Building and Classing Steel Vessels, 1995: 71.15-5
U.S. Supplement to ABS Rules for Steel Vessels for Vessels on
International Voyages, 1995: 71.15-5
PART 71--INSPECTION AND CERTIFICATION
8. The authority for part 71 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 CFR 21243, 3
CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.
9. Add new Sec. 71.15-5 to read as follows:
Sec. 71.15-5 Alternate compliance.
(a) In lieu of compliance with other provisions of this subchapter,
the owner or operator of a vessel subject to plan [[Page 32482]] review
and inspection under this subchapter for initial issuance or renewal of
a Certificate of Inspection (COI) may submit the vessel for
classification, plan review and inspection by a recognized
classification society to determine compliance with applicable
international treaties and agreements, the classification society's
rules, and the U.S. supplement prepared by the classification society
and accepted by the Coast Guard. Recognized classification societies
and accepted rules and supplements are listed in paragraph (e) of this
section.
(b) A vessel owner or operator wishing to have a vessel inspected
under paragraph (a) of this section shall submit an Application for
Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate
on the form that the inspection will be conducted by a recognized
classification society.
(c) Based on reports from a recognized classification society that
a vessel complies with paragraph (a) of this section, the cognizant
OCMI may issue a certificate of inspection to the vessel. If the OCMI
declines to issue a certificate of inspection even though the reports
indicate the vessel meets applicable standards, the vessel owner or
operator may appeal as provided in subpart 1.03 of this chapter.
(d) If reports from a recognized classification society indicate
that a vessel does not comply with paragraph (a) of this section, the
cognizant OCMI will not issue a certificate of inspection. The vessel
owner or operator may:
(1) Correct the reported deficiencies and arrange with the
classification society for an additional inspection;
(2) Request inspection by the Coast Guard under other provisions of
this subchapter; or
(3) Appeal via the recognized classification society to Chief,
Merchant Vessel Inspection and Documentation Division, Commandant (G-
MVI), U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001.
(e) For the purposes of this section, the following classification
societies are recognized by the Coast Guard, and their rules and
supplements are accepted:
American Bureau of Shipping
Two World Trade Center, 106th Floor, New York, NY 10048
Accepted rules: Rules for Building and Classing Steel Vessels,
1995.
Accepted supplement: U.S. Supplement to ABS Rules for Steel
Vessels for Vessels on International Voyages, 1995.
PART 90--GENEROUS PROVISIONS
10. The authority for part 90 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App 1804; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
11. Add new Sec. 90.01-10 to read as follows:
Sec. 90.01-10 incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of the change in the Federal Register and the
material must be available to the public. All material is available for
inspection at the Office of the Federal Register, 800 North Capitol
St., NW., Suite 700, Washington, DC and at the U.S. Coast Guard, Marine
Technical and Hazardous Materials Division, 2100 Second St., SW.,
Washington, DC 20593-0001, and is available from the sources listed in
paragraph (b) of this section.
(b) The material incorporated by reference in this subchapter and
the sections affected are as follows:
American Bureau of Shipping (ABS)
Two World Trade Center, 106th Floor, New York, NY 10048
Rules for Building and Classing Steel Vessels, 1995: 91.15-5
U.S. Supplement to ABS Rules for Steel Vessels for Vessels on
International Voyages, 1995: 91.15-5
PART 91--INSPECTION AND CERTIFICATION
12. The authority for part 91 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp., p. 793; 49 CFR 1.46.
13. Add new Sec. 91.15-5 to read as follows:
Sec. 91.15-5 Alternate compliance.
(a) In lieu of compliance with other provisions of this subchapter,
the owner or operator of a vessel subject to plan review and inspection
under this subchapter for initial issuance or renewal of a Certificate
of Inspection (COI) may submit the vessel for classification, plan
review and inspection by a recognized classification society to
determine compliance with applicable international treaties and
agreements, the classification society's rules, and the U.S. supplement
prepared by the classification society and accepted by the Coast Guard.
Recognized classification societies and accepted rules and supplements
are listed in paragraph (e) of this section.
(b) A vessel may be inspected under paragraph (a) of this section
only if it has not been subject to Coast Guard intervention or
enforcement action for violations of this chapter within the thirty-six
months preceding the inspection. A vessel owner or operator wishing to
have a vessel inspected under paragraph (a) of this section shall
submit an Application for Inspection of U.S. Vessel (CG-3752) to the
cognizant OCMI, and indicate on the form that the inspection will be
conducted by a recognized classification society.
(c) Based on reports from a recognized classification society that
a vessel complies with paragraph (a) of this section, the cognizant
OCMI may issue a certificate of inspection to the vessel. If the OCMI
declines to issue a certificate of inspection even though the reports
indicate the vessel meets applicable standards, the vessel owner or
operator may appeal as provided in subpart 1.03 of this chapter.
(d) If reports from a recognized classification society indicate
that a vessel does not comply with paragraph (a) of this section, the
cognizant OCMI will not issue a certificate of inspection. The vessel
owner or operator may:
(1) Correct the reported deficiencies and arrange with the
classification society for an additional inspection;
(2) Request inspection by the Coast Guard under other provisions of
this subchapter;
(3) Appeal via the recognized classification society to Chief,
Merchant Vessel Inspection and Documentation Division, Commandant (G-
MVI), U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001.
(e) For the purposes of this section, the following classification
societies are recognized by the Coast Guard, and their rules and
supplements are accepted:
American Bureau of Shipping
Two World Trade Center, 106th Floor, New York, NY 10048
Accepted rules: Rules for Building and Classing Steel Vessels,
1995.
Accepted supplement: U.S. Supplement to Rules for Steel Vessels
for Vessels on International Voyages, 1995
PART 107--INSPECTION AND CERTIFICATION
14. The authority for part 107 continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115; 49 CFR 1.45,
146; Sec. 107.05 also issued under authority of 44 U.S.C. 3507.
15. Add new Sec. 107.205 to read as follows: [[Page 32483]]
Sec. 107.205 Alternate compliance.
(a) In lieu of compliance with other provisions of this subchapter,
the owner or operator of a vessel subject to plan review and inspection
under this subchapter for initial issuance or renewal of a Certificate
of Inspection (COI) may submit the vessel for classification, plan
review and inspection by a recognized classification society to
determine compliance with applicable international treaties and
agreements, the classification society's rules, and the U.S. supplement
prepared by the classification society and accepted by the Coast Guard.
Recognized classification societies and accepted rules and supplements
are listed in paragraph (e) of this section.
(b) A vessel owner or operator wishing to have a vessel inspected
under paragraph (a) of this section shall submit an Application for
Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate
on the form that the inspection will be conducted by a recognized
classification society.
(c) Based on reports from a recognized classification society that
a vessel complies with paragraph (a) of this section, the cognizant
OCMI may issue a certificate of inspection to the vessel. If the OCMI
declines to issue a certificate of inspection even though the reports
indicate the vessel meets applicable standards, the vessel owner or
operator may appeal as provided in subpart 1.03 of this chapter.
(d) If reports from a recognized classification society indicate
that a vessel does not comply with paragraph (a) of this section, the
cognizant OCMI will not issue a certificate of inspection. The vessel
owner or operator may:
(1) Correct the reported deficiencies and arrange with the
classification society for an additional inspection;
(2) Request inspection by the Coast Guard under other provisions of
this subchapter; or
(3) Appeal via the recognized classification society to Chief,
Merchant Vessel Inspection and Documentation Division, Command (G-MVI),
U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001.
(e) For the purposes of this section, the following classification
societies are recognized by the Coast Guard, and their rules and
supplements are accepted:
[No classification societies are recognized at this time.]
Dated: June 12, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-15231 Filed 6-21-95; 8:45 am]
BILLING CODE 4910-14-M