[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Proposed Rules]
[Pages 62018-62051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29024]



[[Page 62017]]

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Part III





Department of Transportation





_______________________________________________________________________



Coast Guard



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46 CFR Parts 2, 30, 31, 52, 71, et al.



Vessel Inspection Regulations; Proposed Rule

  Federal Register / Vol. 64, No. 219 / Monday, November 15, 1999 / 
Proposed Rules  

[[Page 62018]]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 2, 30, 31, 52, 61, 71, 90, 91, 98, 107, 110, 114, 115, 
125, 126, 132, 133, 134, 167, 169, 175, 176, 188, 189, 195, and 199

[USCG-1999-4976]
RIN 2115-AF73


Frequency of Inspection, Alternate Hull Examination Program for 
Certain Passenger Vessels, and Underwater Surveys for Passenger, 
Nautical School, and Sailing School Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes amending its vessel inspection 
regulations. These amendments would introduce a 5-year Certificate of 
Inspection cycle in accordance with the Coast Guard Authorization Act 
of 1996 to harmonize our inspections with most internationally required 
certificates. The proposed rule would also establish hull examination 
alternatives and a drydock extension procedure for qualifying passenger 
vessels. Qualifying vessels must operate exclusively in fresh water, on 
restricted routes, and in low risk environments. In addition, the 
proposed rule would provide the option of alternating drydock 
examinations with underwater surveys for passenger, nautical school, 
and sailing school vessels. This rulemaking is necessary for the 
following reasons: to align inspection schedules with international 
protocols; to establish an examination process giving industry 
additional latitude in scheduling inspections; and to create a parity 
between passenger vessels and all other Coast Guard-inspected vessels. 
The Coast Guard expects this proposed rule to result in a reduction in 
the time and paperwork associated with Coast Guard vessel inspections 
and examinations.

DATES: Comments and related material must reach the Docket Management 
Facility on or before December 30, 1999. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before January 14, 2000.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG 1999-4976, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information 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.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule, 
call James W. Cratty, Office of Standards Evaluation and Development 
(G-MSR-2), Coast Guard, telephone 202-267-6742. For questions on 
viewing or submitting material to the docket, call Dorothy Walker, 
Chief, Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. The comment period for this rulemaking 
is 45 days. The reason for this is to enable us to publish the Final 
Rule in time to meet the International Convention for the Safety of 
Life at Sea, 1974 and the International Convention on Load Line 
Compliance date of February 3, 2000. If you choose to submit your 
comments, please include your name and address, identify the docket 
number for this rulemaking (USCG-1999-4976), indicate the specific 
section of this document to which each comment applies, and give the 
reason for each comment. You may submit your comments and material by 
mail, hand delivery, fax, or electronic means to the Docket Management 
Facility at the address under ADDRESSES; but please submit your 
comments and material by only one means. If you submit them by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
them by mail and would like to know 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. 
We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one 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.

Background and Purpose

    The background and purpose for the three distinct portions of this 
proposed rule, Frequency of Inspection, Alternate Hull Examinations, 
and Underwater Surveys, is as follows:

Frequency of Inspection

    On October 31, 1988, the International Maritime Organization (IMO) 
convened the International Conference on the Harmonized Systems of 
Survey and Certification to adopt the Protocol of 1988 relating to the 
International Convention for Safety of Life at Sea (SOLAS), 1974, and 
the Protocol of 1988 relating to the International Convention on Load 
Lines, 1966. By adopting these 1988 Protocols, IMO standardized the 
term of validity for certificates and intervals for vessel inspections 
required by the Conventions. These 1988 Protocols will enter into force 
as international law on February 3, 2000. As party to the SOLAS 
Convention, and the International Convention on Load Lines, the U.S. 
ratified the 1988 Protocol on July 1, 1991. Section 605 of the Coast 
Guard Authorization Act of 1996, Public Law 104-324, codified at Title 
46 of the United States Code (U.S.C.) section 3307 was amended to allow 
vessel inspections once a year or once every 5 years, depending on 
vessel type. Previously, vessels were inspected once a year, or once 
every 2 or 3 years, depending on vessel type.
    This rulemaking proposes aligning the term of validity for a 
Certificate of Inspection (COI) and the type of inspections required 
during the term of the COI with the standards prescribed in

[[Page 62019]]

the 1974 SOLAS Convention. Adopting a 5-year COI, with interval annual 
inspections, and a periodic inspection will ensure that U.S. vessels 
meet international standards and comply with international law. These 
changes will also provide vessel owners and operators with more 
flexibility to schedule required inspections and reduce paperwork 
associated with these inspections.

Alternate Hull Examination (AHE) Program

    In February 1997, the Riverboat Gaming Maritime Association (RGMA) 
of East Peoria, IL (which represents a number of gaming vessel owners 
and operators) asked the Coast Guard (in a letter) to allow its member 
vessels to undergo hull examinations while afloat instead of at drydock 
as required by our regulations. Many of RGMA's member vessels operate 
locally, are landlocked, and do not have drydock facilities of adequate 
size within a reasonable distance. They also operate in the low risk 
environments of fresh water rivers, or protected lakes, near shore, and 
in shallow water. While reviewing RGMA's request, the Coast Guard 
considered the low risk environments in which these vessels operate and 
the advances in underwater survey technology. We concluded that an 
underwater hull examination, coupled with a thorough internal 
examination, can adequately evaluate the condition of a vessel's hull.
    In March 1997, the owners of a vessel that operates in a low-risk 
environment, as described above, requested a 1-year extension for 
completing its required drydock examination. This vessel operates 
approximately eight times a day on the Des Plaines River in Joliet, IL 
in a restricted area (between two locks on the river). This vessel was 
due for its first 5-year drydock examination on May 31, 1997. The 
vessel's owners requested a 1-year drydock extension as an interim 
measure, pending the Coast Guard review of the proposed hull 
examination alternative.
    In May 1997, along with a routine drydock extension survey, we 
observed a demonstration of the underwater survey methods under the AHE 
Program proposed in this rule. We determined that the survey results 
alone were sufficient to grant this vessel a 1-year drydock extension 
to May 1998, in accordance with 46 CFR 115.670. Under 46 CFR 115.670, 
the Officer in Charge, Marine Inspection (OCMI) or the Commandant may 
allow extensions of the examination intervals between drydock 
examinations and internal structural examinations.
    Based on the results of the underwater survey demonstration, the 
Coast Guard created a pilot program (which will remain in place until 
this rulemaking is finalized) that allows owners and operators of 
qualified vessels to undergo an alternative hull examination process. 
This examination process includes an underwater survey and internal 
structural examination along with annual condition assessments and 
scheduled preventative maintenance. Under this pilot program, we will 
consider a drydock extension of up to 30 months for vessels that 
operate in low-risk environments.
    To establish criteria for this pilot program, the Coast Guard 
published G-MOC Policy Letter 3-98 on March 5, 1998, entitled ``Drydock 
Extensions for Certain Passenger Vessels.'' This policy letter provides 
specific eligibility criteria, outlines application requirements, and 
establishes the survey criteria for these special drydock extensions. 
On March 5, 1998, the Coast Guard published a notice in the Federal 
Register (63 FR 10777) announcing that the G-MOC Policy Letter would be 
incorporated into Coast Guard regulations.
    In April 1998, the first vessel in the pilot program underwent a 
second drydock extension survey using the guidelines in the G-MOC 
Policy Letter. Based on the results of the survey, the Coast Guard 
granted the vessel owner a 30-month drydock extension so the vessel 
will not have to be drydocked until November 20, 2000. After the Coast 
Guard set this precedent, several other gaming vessel owners and 
operators also completed successful surveys and were granted 30-month 
drydock extensions.
    This rulemaking would formalize this pilot program and title it the 
Alternate Hull Examination (AHE) Program. The AHE Program would allow 
owners and operators of qualifying vessels to receive drydock 
extensions of up to 30 or 60 months, depending on the chosen method of 
hull examination. Once a vessel enters the program, it may receive an 
indefinite number of consecutive drydock extensions; however, the OCMI 
may require it to be dry-docked if the AHE Program is deemed inadequate 
for evaluating its hull or if out-of-water repairs are required. The 
affected industry would save time and money, and still meet Coast Guard 
safety standards by using the advanced survey techniques under the 
proposed AHE Program.

Underwater Survey Program

    Inspected U.S. passenger vessels, nautical school ships (public and 
civilian), and sailing school vessels lack the regulatory option of 
alternating drydock examinations with underwater surveys. Current U.S. 
regulations allow this option to tank vessels, cargo and miscellaneous 
vessels, oceanographic research vessels, and mobile offshore drilling 
units (MODUs). Recognizing significant advances in underwater survey 
technology over the past decade, the Coast Guard has determined that it 
is safe and appropriate to include passenger vessels, nautical school 
ships, and sailing school vessels in the list of qualifying vessels.
    Current U.S. regulations require U.S. passenger vessels operating 
on international voyages to drydock annually; however, their foreign 
counterparts generally drydock every 2 years. International 
regulations, as prescribed by the International Convention for Safety 
of Life at Sea (SOLAS) Chapter I, Regulation 7, require passenger ships 
to undergo annual surveys that include inspection of the outside of the 
ship's bottom. To satisfy this requirement, most classification 
societies, acting on behalf of foreign-flag administrations, accept 
drydock examinations every 2 years with an underwater hull examination 
at the mid-period. U.S. passenger vessels operating on international 
voyages would gain parity with their foreign counterparts by having 
such an option.
    Navigation and Vessel Inspection Circular (NVIC) 1-89, entitled 
``Underwater Survey Guidance,'' dated March 15, 1989, provides guidance 
for conducting underwater surveys to vessel owners and operators, 
underwater survey diving contractors, and other interested persons. The 
NVIC addresses the application process, the advanced planning 
necessary, and the procedure to be followed during an underwater 
survey.
    This proposed rule would incorporate the guidance from NVIC 1-89 
into Coast Guard regulations, and allow owners and operators of U.S. 
passenger vessels, nautical school ships, and sailing school vessels 
with steel or aluminum hulls the option of alternating underwater hull 
surveys with drydock examinations. This voluntary option would result 
in a decrease in the overall costs for vessel owners and operators that 
choose this option. See the REGULATORY EVALUATION section of this 
proposed rule for a discussion of costs.

Discussion of Proposed Rule

    The discussion of the three distinct portions of this proposed 
rule, Frequency of Inspection, Alternate Hull Examination, and 
Underwater Survey, is as follows:

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Frequency of Inspection

    We propose changing the term of validity for a Certificate of 
Inspection (COI) from 2 or 3 years to 5 years. We also propose changing 
the type of interval inspections required for yearly endorsement of a 
valid COI. Vessels and mobile offshore drilling units (MODUs) that 
currently receive 2-year COIs would undergo three annual inspections 
and a periodic inspection during the 5-year interval between COI 
renewals. Small passenger vessels that currently receive 3-year COIs 
would undergo four annual inspections during the 5-year interval 
between COI renewals. We are proposing these changes to align with the 
international standards provided in SOLAS, to provide owners and 
operators increased flexibility in scheduling inspections, and to 
eliminate ``inspection creep.''
    Currently, when an inspection for certification is conducted before 
the current COI expiration date, the date of the inspection becomes the 
new COI issue date. This causes ``inspection creep'' whereby a vessel's 
due date for inspection is earlier with each new COI. This has proven 
to be a hardship on those vessel owners and operators with seasonal 
operations. We propose to allow you to have your vessel's inspection 
for certification up to 3 months before the expiration date of your 
COI. Additionally, your vessel may undergo its annual and periodic 
inspections up to 3 months before or 3 months after the anniversary 
date of the issuance of the vessel's COI. Providing this new extended 
scheduling window eliminates ``inspection creep'' and eases inspection 
scheduling. The current expiration date of your vessel's or MODU's COI 
would remain the same for as long as the vessel or MODU operates.
(a) General
    Section 2.01-5.
    In Sec. 2.01-5, we propose removing paragraphs (a)(3) and (4) that 
reference two forms that we no longer use: CG-3753--Certificate of 
Inspection (for small passenger vessels) and CG-4678--Barge Certificate 
of Inspection.
    Section 2.01-8.
    In Sec. 2.01-8, we propose removing the reference to Sec. 176.35-1 
because it no longer exists and replace it with references to 
Sec. 115.900 and Sec. 176.900, which relate to the applicability of 
SOLAS certificates.
(b) Notification
    Section 2.01-3.
    Due to the removal of the phrase ``not more than 60 days'' from 46 
U.S.C. 3309, we propose removing the similar phrase ``but less than 60 
days'' from Sec. 2.01-3. Currently, Vessel owners and operators cannot 
notify the Coast Guard more than 60 days before their COI expires. 
Vessel owners and operators would continue to notify the Coast Guard at 
least 30 days before their inspection for certification, but they would 
no longer be restricted on how early they may notify us.
(c) SOLAS certificates
    Section 2.01-25.
    In Sec. 2.01-25(a), (b), and (e), we propose removing references to 
both the Cargo Ship Safety Radiotelephony Certificate and the Cargo 
Ship Radiotelegraphy Certificate. Amendments to SOLAS combined these 
certificates into one certificate: The Cargo Ship Safety Radio 
Certificate. The revised section would only reference the new 
certificate.
    In Sec. 2.01-25(b)(1), we propose to add two classes of vessels: 
Small passenger vessels carrying more than 150 passengers or with 
overnight accommodations for more than 49 passengers and offshore 
supply vessels (OSVs). These vessels were inadvertently excluded from 
this section that provides guidance on SOLAS Certificates.
    Sections 2.01-25, 31.40-35, 91.60-35, and 189.60-35.
    We propose amending Secs. 2.01-25, 31.40-35, 91.60-35, and 189.60-
35 to align our rules with SOLAS requirements. SOLAS requires that 
certificates be made readily available, but not necessarily posted in a 
prominent place.
    Sections 31.40-1 and 91.60-1.
    In Sec. 31.40-1, we propose adding a cross-reference to Sec. 30.01-
6, which provides information on the applicability of subchapter D for 
vessels on international voyages. In Sec. 91.60-1, we propose adding a 
cross-reference to Sec. 91.05-10, which provides information on the 
applicability of subchapter I for vessels on international voyages. 
These cross-references would help vessel owners and operators determine 
in which geographical locations they are required to have SOLAS 
certificates.
    Sections 31.40-15, 31.40-20, 91.60-15, 91.60-20, 189.60-15, and 
189.60-20.
    We propose removing Secs. 31.40-20, 91.60-20, and 189.60-20 that 
reference obsolete certificates and application information. We propose 
revising Secs. 31.40-15, 91.60-15, and 189.60-15 to remove references 
to the same obsolete certificates and to add the SOLAS Cargo Ship 
Safety Radio Certificate that will take the place of the obsolete 
certificates. The Federal Communications Commission (FCC) no longer 
issues the Cargo Ship Safety Radiotelegraphy Certificate, referenced in 
Secs. 31.40-15, 91.60-15, and 189.60-15 or the Cargo Ship Safety 
Radiotelephony Certificate, referenced in Secs. 31.40-20, 91.60-20, and 
189.60-20. The proposed rule would require tankships, cargo ships, and 
oceanographic research vessels with radio installations to obtain the 
Cargo Ship Safety Radio Certificate aligning them with the 
international standards provided in SOLAS.
    The Protocol of 1988 relating to SOLAS provides the option for the 
Administration (Flag State) to combine the Cargo Ship Safety 
Construction Certificate, the Cargo Ship Safety Radio Certificate, and 
the Cargo Ship Safety Equipment Certificate into the Cargo Ship Safety 
Certificate. We have chosen not to adopt that option at this time. The 
FCC has primary responsibility over the Cargo Ship Safety Radio 
Certificate and maintains existing agreements with third parties, which 
act on its behalf for issuing this certificate. The Cargo Ship Safety 
Certificate option would present difficulties in coordination between 
the two agencies. Also, the Cargo Ship Safety Radio Certificate is not 
included in 46 CFR part 8, Vessel Inspection Alternatives, where vessel 
owners and operators have the option of obtaining an international 
certificate from sources other than the Coast Guard.
    Establishing procedures to combine the FCC responsibilities for the 
Cargo Ship Safety Certificate with our responsibilities for the safety 
construction and safety equipment certificates is beyond the scope of 
this rulemaking.
    Sections 31.40-40, 91.60-40, and 189.60-40.
    We propose revising Secs. 31.40-40, 91.60-40, and 189.60-40 to 
remove the references to the obsolete Cargo Ship Safety Radiotelegraphy 
and Cargo Ship Safety Radiotelephony Certificates. We propose adding a 
reference to the Cargo Ship Safety Radio Certificate in place of the 
obsolete certificates. Also, we propose changing the period of validity 
of the Convention certificates from 24 months to 60 months. These 
proposed changes would align our rules with the international standards 
provided in SOLAS.
    Sections 107.405.
    We propose amending Sec. 107.405 to change the term of validity of 
the SOLAS Safety Equipment Certificate from 24 months to 60 months. We 
are proposing this change to align with the international standards 
provided in SOLAS.

[[Page 62021]]

(d) Definition of Anniversary Date
    Sections 30.10-2a, 90.10-1a, 107.111, 114.400, 125.160, 169.107, 
175.400, and 188.10-1.
    In Secs. 30.10-2a, 90.10-1a, 107.111, 114.400, 125.160, 169.107, 
175.400, and 188.10-1, we propose adding the definition of 
``anniversary date'' to the definitions applicable to title 46, 
subchapters D, I, I-A, K, L, R, T, and U. This definition would clarify 
the requirement for the annual and periodic inspections based on the 
expiration date of the COI. In part 188, we propose to redesignate the 
current Sec. 188.10-1 as Sec. 188.10-2 to maintain the alphabetical 
order of the definitions.
(e) Frequency of Inspections
    Section 31.01-1.
    In Sec. 31.01-1, we propose removing the terms ``biennially'' and 
``annually'' and changing the frequency of an inspection for 
certification to every 5 years. We are proposing these changes to align 
with the international standards provided in SOLAS.
    Sections 31.05-10, 91.01-10, 107.211, 126.250, 169.207, and 189.01-
10.
    In Secs. 31.05-10, 91.01-10, 107.211, 126.250, 169.207, and 189.01-
10, we propose changing the term of validity for a COI to 5 years. We 
are proposing this change to align with the international standards 
provided in SOLAS, to provide owners and operators with increased 
flexibility in scheduling inspections, and to eliminate inspection 
creep. In Secs. 31.05-10, 91.01-10, 126.250, 169.207, and 189.01-10 we 
also propose to amend the section headings to read ``Period of Validity 
for a Certificate of Inspection''.
    Section 31.10-15.
    In Sec. 31.10-15(a), we propose amending paragraph (a) to change 
the frequency of inspection for a COI from 2 years to 5 years. We are 
proposing this change to align with the international standards 
provided in SOLAS. Additionally, we are proposing editorial changes to 
paragraph (a) to clarify the language.
    Also, the proposed rule would add new paragraph (c) to specify that 
the new COI would be issued upon satisfactory completion of the 
inspection for certification.
    Section 107.201.
    In Sec. 107.201, we propose removing the term ``biennial'' in 
paragraph (b) and replacing the term ``reinspections'' with the terms 
``annual and periodic inspections'' in paragraph (c). This section 
references statutory authority for inspections and reinspections. The 
proposed change would update the terminology and change the frequency 
of an inspection for certification to every 5 years. We are proposing 
these changes to align with the international standards provided in 
SOLAS.
    Section 115.107 and 176.107.
    The proposed rule would change the COI term of validity for small 
passenger vessels from 3 to 5 years in Secs. 115.107 and 176.107. 
Rather than undergoing both annual inspections and a periodic 
inspection during the 5-year interval between inspections for 
certification, these vessels would undergo four annual inspections. 
These inspections would provide an adequate means of determining that 
the vessels are seaworthy for their intended routes. Under 46 U.S.C. 
3307, we are proposing these changes to provide owners and operators 
with increased flexibility in scheduling inspections, and to eliminate 
inspection creep. However, the term of validity for COIs for small 
passenger vessels carrying more than 12 passengers on an international 
voyage would remain 1 year as required by 46 U.S.C. 3307(1).
(f) Conditions of Validity
    Sections 31.10-17a, 91.27-5, 107.283, 126.520, 169.227, and 189.27-
10.
    We propose adding Secs. 31.10-17a, 91.27-5, 107.283, 126.520, 
169.227, and 189.27-10 to require annual and periodic inspections to 
maintain the validity of COIs for--
     MODUs;
     Tank vessels;
     Cargo and miscellaneous vessels;
     Offshore supply vessels;
     Sailing school vessels; and
     Oceanographic research vessels.
    We are proposing these changes to align with the international 
standards provided in SOLAS.
    To maintain a valid COI for the full 5-year period, this proposed 
rule would require your vessel or MODU to--
     Undergo the relevant annual and periodic inspections 
within the time frame allowed; and
     Obtain endorsements from the appropriate authority for 
relevant annual and periodic inspections.
    Sections 115.502 and 176.502.
    We propose adding Secs. 115.502 and 176.502 to require four annual 
inspections for Small Passenger Vessels (subchapters K and T) to 
maintain the validity of the COI. We are proposing these changes to 
keep all COI inspection intervals consistent.
    To maintain a valid COI for the full 5-year period, this proposal 
would require your vessel to--
     Undergo the relevant annual inspections within the time 
frame allowed; and
     Obtain endorsements from the appropriate authority for 
relevant annual inspections.
(g) Application for COI
    Sections 31.01-15, 91.25-5, 126.420, 169.205, and 189.25-5.
    In Secs. 31.01-15, 91.25-5, 126.420, 169.205, and 189.25-5, we 
propose revising the application process for a renewal of a COI. This 
revision would require you to submit an application for a COI at least 
30 days before the expiration date of a vessel's current COI. In 
addition, you must schedule the inspection for certification within 3 
months before the expiration date of the current COI. We are proposing 
these changes to align with the international standards provided in 
SOLAS. Also, providing this new extended scheduling window with the 
fixed anniversary date eases inspection scheduling and eliminates 
inspection creep.
    Section 107.215.
    We propose revising the section heading and removing the term 
``biennial'' from paragraphs (a) and (c) because the proposed frequency 
of an inspection for certification for a MODU is every 5 years. In 
addition, the proposed revision to paragraph (b) would require you to 
submit an application for a COI at least 30 days before the expiration 
date of a vessel's current COI. Proposed new paragraph (d) would 
establish the 5-year term of validity for a renewed COI. We are 
proposing these changes to align with the international standards 
provided in SOLAS.
(h) Annual and Periodic Inspections
    Sections 31.10-17, 91.27-1, 126.510, 189.27-1, and 189.27-5.
    We propose revising Secs. 31.10-17, 91.27-1, 126.510, 189.27-1, and 
189.27-5 to establish annual inspections and periodic inspections for 
tank vessels, cargo and miscellaneous vessels, offshore supply vessels, 
and oceanographic research vessels. We are proposing these changes to 
align with the international standards provided in SOLAS and to provide 
owners and operators with increased flexibility in scheduling 
inspections.
    Currently, the regulations require ``reinspections'' (interval 
inspections) for these vessels during the 2 year intervals for COIs. 
Changing the term of validity for COIs to 5 years allows for more time 
between detailed inspections. To accommodate the new 5-year COI 
interval while maintaining safety, we propose requiring three annual 
inspections and one periodic inspection during the 5-year interval 
between inspections for certifications. We would

[[Page 62022]]

maintain the current time intervals between inspections and ensure that 
testing or inspection requirements are conducted during the inspections 
for certification and periodic inspections. A vessel would undergo an 
annual inspection each year that it does not undergo a periodic 
inspection or an inspection for certification. A vessel would undergo a 
periodic inspection in either the second or third anniversary year of 
the date of issuance for the COI. The owner or operator can choose 
which year to have the periodic inspection. Although no written request 
or application for inspection is required, you must schedule annual 
inspections and periodic inspections with the cognizant OCMI within 3 
months before but no later than 3 months after the COI anniversary 
date.
    The scope of the annual inspection under proposed Secs. 31.10-17, 
91.27-1, 126.510, 189.27-1, and 189.27-5 would be equivalent to the 
scope of the ``reinspection'' (interval inspections) described in the 
current regulations. The scope of a reinspection under Secs. 31.10-
17(c), 91.27-5, 126.520, and 189.275 is currently described as ``in 
less detail'' than an inspection for certification. Because the scope 
of the annual inspections is equivalent to the scope of the current 
reinspections, we would continue to use the words ``in less detail'' to 
describe annual inspections in proposed Secs. 31.10-17(a)(2), 91.27-
5(a)(2), 126.520(a)(2), and 189.275(c) and to differentiate between the 
annual inspection and the inspection for certification.
    As indicated in proposed Secs. 31.10-17(b)(2), 91.27-5(b)(2), 
126.520(b)(2), and 189.27-5(c), the marine inspector would ensure that 
your vessel is in compliance with all applicable regulations and would 
endorse the current COI, unless deficiencies or major changes to the 
vessel are found. We propose to allow the marine inspector to conduct a 
more detailed inspection if deficiencies are found. As in the current 
regulations, the marine inspector has the authority to require any 
tests or correction deemed necessary. The OCMI would determine the time 
period in which deficiencies must be corrected on a case-by-case basis.
    Finally, the scope of the periodic inspection in proposed 
Secs. 31.10-17(c), 91.27-5(b)(2), 126.520(b)(2), and 189.27-5(c) would 
be the same as an inspection for certification in the current 
regulations at Secs. 31.10-15, 91.25-10, 126.430, and 189.25-10.
    Sections 91.27-13 and 126.530.
    We propose revising Secs. 91.27-13 and 126.530 to allow owners and 
operators of offshore supply vessels less than 400 gross tons in 
foreign ports to receive a 5-year COI. Currently, a vessel owner, 
master, or operator may request authorization to conduct his or her own 
alternative midperiod examination in place of a reinspection. This 
proposed rule would allow a vessel owner, master, or operator to 
request authorization from the Coast Guard to conduct an alternative 
annual inspection in place of any or all annual inspections during the 
5-year interval between inspections for certification. For these 
vessels, the cognizant OCMI would continue conducting the inspections 
for certification every fifth year and the periodic inspection in 
either the second or third year after the COI anniversary date.
    The proposed rule would require you to apply, in writing, to the 
cognizant OCMI for authorization to conduct your own alternative annual 
inspection. Your application must be received by the OCMI before the 
end of the twelfth month of each COI anniversary year. If you are 
approved, the OCMI would provide written authorization, to proceed with 
the alternative annual inspection and provide you with any special 
instructions. The proposed rule would require you to conduct your 
alternative annual inspection within 3 months before but no later than 
3 months after the COI anniversary date. The scope of the alternative 
annual inspection would be equivalent to the annual inspection 
conducted by the Coast Guard for other offshore supply vessels. The 
scope of the annual inspection would be equivalent to the midperiod 
alternative examination required in the current inspection regulations 
for these vessels.
    In reviewing your application for authorization, items or issues 
the OCMI may consider include, but are not limited to, any outstanding 
inspection requirements for the vessel, vessel history, documentation 
of employment outside the United States, and prompt correction of past 
deficiencies. To qualify for an alternative annual examination, these 
vessels must be less than 400 gross tons and must be employed outside 
the United States during the 3 months before and after their COI 
anniversary date. Requirements regarding submission of inspection 
results and OCMI evaluation are prescribed in 46 CFR 91.27-13.
    In addition, we propose requiring the master of an offshore supply 
vessel that participates in the alternative annual inspection program 
to endorse the vessel's COI.
    Sections 107.269 and 107.270.
    We propose revising Secs. 107.269 and 107.270 to establish annual 
inspections and periodic inspections for MODUs. We are proposing these 
changes to align with the international standards provided in SOLAS and 
to provide owners and operators with increased flexibility in 
scheduling inspections.
    Currently, the regulations require ``reinspections'' (interval 
inspections) for these units during the 2 year intervals for COIs, 
which are the same in scope as the inspection for certification, except 
in Sec. 107.231(x) and (y). We are proposing to change the term of 
validity for COIs to 5 years to allow for more time between detailed 
inspections. To accommodate the new 5-year COI interval and ensure all 
applicable units comply with our regulations, we propose requiring 
three annual inspections and one periodic inspection during the 5-year 
interval between inspections for certification. We would maintain the 
current time intervals between inspections and ensure that testing or 
inspection requirements are conducted during the inspections for 
certification and periodic inspections. A unit would undergo an annual 
inspection each year that it does not undergo a periodic inspection or 
an inspection for certification. A unit would undergo a periodic 
inspection in either the second or third anniversary year of the date 
of issuance for the COI. The owner or operator can choose which year to 
have the periodic inspection. Although no written request or 
application for inspection is required, you must schedule annual 
inspections and periodic inspections with the cognizant OCMI within 3 
months before but no later than 3 months after the COI anniversary 
date.
    Currently, the scope of a reinspection under Sec. 107.269 is the 
same as the scope of the inspection for certification under 
Sec. 107.231, except paragraphs (x) and (y). Under proposed 
Sec. 107.269, the scope of the annual inspection would be ``in less 
detail'' than the scope of the ``reinspection'' (interval inspections) 
described in the current regulations.
    As indicated in proposed Secs. 107.269 and 107.270, the marine 
inspector would ensure that your unit is in compliance with all 
applicable regulations and would endorse the current COI, unless 
deficiencies or major changes to the unit are found. We propose to 
allow the marine inspector to conduct a more detailed inspection if 
deficiencies are found. As in the current regulations, the marine 
inspector has the authority to require any tests or correction deemed 
necessary. The OCMI would determine the time period in

[[Page 62023]]

which deficiencies must be corrected on a case-by-case basis.
    Finally, the scope of the periodic inspection in proposed 
Sec. 107.270 would be the same as an inspection for certification in 
the current regulations at Sec. 107.231.
    Under Sec. 107.269, MODU owners and operators are not required to 
conduct installation tests during reinspection. The requirements for 
installation tests are provided in Sec. 107.231(x) and (y). The current 
paragraph references to Sec. 107.231(y), (z), (aa), and (bb) in 
Sec. 107.269 are incorrect. Proposed Secs. 107.269 and 107.270 would 
correct and amend these references to allow the installation test 
exceptions for annual and periodic inspections.
    Section 107.279.
    We propose revising this section to remove the terms ``biennial'' 
and ``reinspections'' in paragraphs (b), (c), and (d). Also, we would 
correct the references to the exceptions in Sec. 107.231(x) and (y). We 
are proposing these changes to align with the international standards 
provided in SOLAS.
    Sections 15.500 and 176.500.
    Sections 115.500 and 176.500 currently describe when reinspection 
is required for small passenger vessels. We propose revising these 
sections to require small passenger vessels with a 5-year COI to 
undergo four annual inspections, and to require small passenger vessels 
carrying more than 12 passengers on international voyages, to undergo 
an inspection for certification each year. We are proposing these 
changes to align with 46 U.S.C. 3307 and the international standards 
provided in SOLAS and to provide owners and operators with increased 
flexibility in scheduling inspections.
    Currently, the regulations require ``reinspections'' (interval 
inspections) during the 3-year intervals for COIs. Changing the term of 
validity for COIs to 5 years allows for more time between detailed 
inspections. To accommodate the new 5-year COI interval and ensure all 
applicable vessels comply with our regulations, we propose requiring 
annual inspections each year during the 5-year interval between 
inspections for certifications. We would maintain the current frequency 
of inspection intervals and ensure that testing or inspection 
requirements are conducted during the inspections for certification. 
Although no written application or request for inspection is required, 
you must schedule annual inspections with the cognizant OCMI within 3 
months before but no later than 3 months after the COI anniversary 
date.
    The scope of the annual inspection would be equivalent to the scope 
of the ``reinspection'' (interval inspections) described in the current 
regulations in Secs. 115.502 and 176.502. The marine inspector would 
ensure that your vessel is in compliance with all applicable 
regulations and would endorse the current COI, unless deficiencies or 
major changes to the vessel are found. We also propose to allow the 
marine inspector to require any tests or corrections deemed necessary 
or conduct an examination more detailed in scope to ensure that the 
vessel is in satisfactory condition and fit for the service for which 
it is intended. The OCMI will determine a time period in which 
deficiencies must be corrected on case-by-case basis.
    Sections 169.225 and 169.226.
    We propose revising Secs. 169.225 and 169.226 to establish annual 
inspections and periodic inspections for sailing school vessels. We are 
proposing these changes to align with the international standards 
provided in SOLAS and to provide owners and operators with increased 
flexibility in scheduling inspections.
    Currently, the regulations require ``reinspections'' (interval 
inspections) for these vessels during the 2-year intervals for COIs, 
which are the same in scope as the inspection for certification. We are 
proposing to change the term of validity for COIs to 5 years to allow 
more time between detailed inspections. To accommodate the new 5-year 
COI interval and ensure all applicable vessels comply with our 
regulations, we propose requiring three annual inspections and one 
periodic inspection during the 5-year interval between inspections for 
certifications. We would maintain the current frequency of inspection 
intervals and ensure that testing or inspection requirements are 
conducted during the inspections for certification and periodic 
inspections. A vessel would undergo an annual inspection each year that 
it does not undergo a periodic inspection or an inspection for 
certification. A vessel would undergo a periodic inspection in either 
the second or third anniversary year of the date of issuance for the 
COI. The owner or operator can choose which year to have the periodic 
inspection. Although no written request or application for inspection 
is required, you must schedule annual inspections and periodic 
inspections with the cognizant OCMI within 3 months before but no later 
than 3 months after the COI anniversary date.
    Currently, the scope of a reinspection under Sec. 169.227 is the 
same as the scope of the inspection for certification under 
Sec. 169.222. Under proposed Sec. 169.225, the scope of the annual 
inspection would be ``in less detail'' than the scope of the 
``reinspection'' (interval inspections) described in the current 
regulations.
    As indicated in proposed Secs. 169.225 and 169.226, the marine 
inspector would ensure that your vessel is in compliance with all 
applicable regulations and would endorse the current COI, unless 
deficiencies or major changes to the vessel are found. We propose to 
allow the marine inspector to conduct a more detailed inspection if 
deficiencies are found. As in the current regulations, the marine 
inspector has the authority to require any tests or correction deemed 
necessary. The OCMI would determine the time period in which 
deficiencies must be corrected on a case-by-case basis.
    Finally, the scope of the periodic inspection in proposed 
Sec. 169.226 would be the same as an inspection for certification in 
the current regulations at Sec. 169.222.
(i) Inspection Intervals for Specific Equipment and Systems
    Sections 31.10-18 and 169.247.
    Currently, under Sec. 31.10-18(d), the deck foam systems are tested 
biennially and under Secs. 31.10-18(e) and (h), fire extinguishing 
equipment and carbon dioxide cylinders are inspected at the inspection 
for certification. Also, currently under Sec. 169.247 (a), fire-
extinguishing equipment is inspected at the inspection for 
certification only. We propose amending Secs. 31.10-18 and 169.247 to 
require inspections of this fire-fighting equipment to be conducted 
during each inspection for certification and periodic inspection. We 
are proposing these changes to align with the international standards 
provided in SOLAS.
    Section 52.01-50.
    In Sec. 52.01-50, paragraph (k)(1), we propose adding the terms 
``periodic inspection.'' This change would maintain the frequency of 
inspections for fusible plugs and harmonize our inspection requirements 
with the proposed 5-year COI. The current rules require fusible plugs 
to be cleaned and examined at each inspection for certification. These 
proposed changes would align our rules with the international standards 
provided in SOLAS.
    Section 61.05-10.
    We propose amending Table 61.05-10 to remove references to the COI 
interval and replace them with the number ``2.5.'' This change would 
maintain the

[[Page 62024]]

inspection intervals for boilers at 2.5 years and harmonize the 
inspections with the proposed 5-year COI. Certain boiler tests are 
currently conducted at the inspection for certification. These proposed 
changes would align our rules with the international standards provided 
in SOLAS.
    Section 61.10-5.
    In Sec. 61.10-5, we propose amending paragraphs (c), (h), and (i), 
to establish an inspection interval that must not exceed 3 years within 
the proposed 5-year COI. Paragraph (c) regulates tubular heat 
exchangers, hydraulic accumulators, and pressure vessels used in 
refrigeration service; paragraph (h) regulates pneumatic tests; and 
paragraph (i) regulates safety valves on pressure vessels.
    These proposed changes would also align our rules with the 
international standards provided in SOLAS.
    Section 61.15-5.
    In Sec. 61.15-5, we propose amending paragraph (c) to establish an 
inspection interval for safety and relief valves which must not exceed 
3 years within the proposed 5-year COI. Safety and relief valves are 
currently checked by the marine inspector at each inspection for 
certification. This proposed change would align our rules with the 
international standards provided in SOLAS.
    Section 61.15-10.
    In Sec. 61.15-10(a), we propose adding the term ``periodic 
inspection.'' This change would maintain the frequency of inspections 
for liquefied petroleum gas piping for heating and cooking and 
harmonize our inspection requirements with the proposed 5-year COI. The 
current rules require examinations or tests of this equipment at each 
inspection for certification. These proposed changes would align our 
rules with the international standards provided in SOLAS.
    Section 61.15-12.
    In Sec. 61.15-12(a), we propose adding the term ``periodic 
inspection.'' This change would maintain the frequency of inspections 
for nonmetallic expansion joints and harmonize our inspection 
requirements with the proposed 5-year COI. The current rules require 
examinations or tests of this equipment at each inspection for 
certification. These proposed changes would align our rules with the 
international standards provided in SOLAS.
    Section 61.20-1.
    In Sec. 61.20-1, we propose amending paragraph (a) to establish an 
inspection interval for steering gear that must not exceed 3 years 
within the proposed 5-year COI. The marine inspector currently checks 
the steering gear at each inspection for certification. This proposed 
change would also align our rules with the international standards 
provided in SOLAS.
    Section 61.20-3.
    In Sec. 61.20-3, we propose amending paragraphs (a) and (b) by 
adding the term ``periodic inspection.'' These changes would maintain 
the frequency of inspections for main and auxiliary machinery and 
associated equipment, including fluid control systems. These changes 
would harmonize inspection requirements with the proposed 5-year COI. 
The current rules require examinations or tests of this equipment at 
each inspection for certification. These proposed changes would align 
our rules with the international standards provided in SOLAS.
    Section 61.30-15.
    In Sec. 61.30-15, we propose adding the term ``periodic 
inspection.'' This change would maintain the frequency of visual 
inspections of thermal fluid heaters. This change would harmonize 
inspection requirements with the proposed 5-year COI. The current rules 
require examinations or tests of this equipment at each inspection for 
certification. This proposed change would align our rules with the 
international standards provided in SOLAS.
    Section 61.30-20.
    In Sec. 61.30-20, we propose adding the term ``periodic 
inspection.'' This change would maintain the frequency of automatic 
control and safety checks for thermal fluid heaters. This change would 
harmonize inspection requirements with the proposed 5-year COI. The 
current rules require examinations or tests of this equipment at each 
inspection for certification. This proposed change would align our 
rules with the international standards provided in SOLAS.
    Sections 91.25-20, 132.350, and 189.25-20.
    In Secs. 91.25-20, 132.350, and 189.25-20, we propose adding the 
term ``periodic inspection'' to require fire-extinguishing equipment to 
undergo inspections at the inspection for certification and periodic 
inspection. In 91.25-20, we have also made minor editorial changes for 
clarity. We are proposing these changes to align with the international 
standards provided in SOLAS. These changes would also provide vessel 
owners and operators with more flexibility to schedule required 
inspections and reduce paperwork associated with these inspections.
    Sections 91.25-25 and 189.25-25.
    In Secs. 91.25-25 and 189.25-25, we propose adding the terms ``and 
periodic inspection'' to require hull equipment to be inspected at the 
inspection for certification and periodic inspection. We are proposing 
these changes to align with the international standards provided in 
SOLAS. These changes would also provide vessel owners and operators 
with more flexibility to schedule required inspections and reduce 
paperwork associated with these inspections.
    Sections 91.25-38 and 189.25-38.
    In Secs. 91.25-38 and 189.25-38, we propose adding the terms ``and 
periodic inspection'' to require pollution prevention equipment to be 
inspected at the inspection for certification and periodic inspection. 
We are proposing these changes to align with the international 
standards provided in SOLAS. These changes would also provide vessel 
owners and operators with more flexibility to schedule required 
inspections and reduce paperwork associated with these inspections.
    Sections 91.25-40, 169.255, and 189.25-40.
    In Secs. 91.25-40 and 189.25-40 we propose adding the terms 
``periodic inspection'' to require sanitation inspections at the 
inspection for certification and periodic inspection. In Sec. 169.255, 
we propose adding the terms ``periodic inspection'' and ``annual 
inspection'' to require sanitation inspections at the inspection for 
certification, periodic inspection, and annual inspection. We also 
propose to remove the term ``reinspection.'' We are proposing these 
changes to align with the international standards provided in SOLAS. 
These changes would also provide vessel owners and operators with more 
flexibility to schedule required inspections and reduce paperwork 
associated with these inspections.
    Sections 91.25-45 and 189.25-45.
    In Secs. 91.25-45 and 189.25-45, we propose adding the terms 
``periodic inspection'' to require inspections for fire hazards at the 
inspection for certification and periodic inspection. We are proposing 
these changes to align with the international standards provided in 
SOLAS.
    Section 98.25-95.
    In Sec. 98.25-95, we propose adding the terms ``inspection for 
certification'' and ``periodic inspection'' to require inspections of 
anhydrous ammonia tanks at the inspection for certification and 
periodic inspection. We also propose to remove the term ``biennial''. 
We are proposing these changes to align with the international 
standards provided in SOLAS.
    Section 110.30-5.

[[Page 62025]]

    We propose revising Sec. 110.30-5 to require inspection of electric 
installations and electric equipment at each inspection for 
certification and periodic inspection. Currently, Sec. 110.30-5 
requires these inspections annually and biennially. We are proposing 
these changes to align with the international standards provided in 
SOLAS.
    Sections 115.812 and 176.812.
    In Secs. 115.812 and 176.812, we propose removing the 3-year 
inspection interval for pressure vessels and boilers on small passenger 
vessels. These sections would continue to cross-reference tests and 
inspections in 46 CFR 61.10. Proposed changes to subpart 61.10 would 
maintain the frequency of inspections for pressure vessels and 
harmonize inspection requirements with the proposed 5-year COI. The 
current rules require tests and inspections of this equipment at each 
inspection for certification. These changes would also provide vessel 
owners and operators with more flexibility to schedule required 
inspections and reduce paperwork associated with these inspections.
    Sections 133.45, 169.245, and 199.45.
    In Secs. 133.45, 169.245, and 199.45, we propose adding the terms 
``and periodic inspection'' to require tests and inspections of 
lifesaving equipment at the inspection for certification and periodic 
inspection. We are proposing these changes to align with the 
international standards provided in SOLAS. These changes would also 
provide vessel owners and operators with more flexibility to schedule 
required inspections and reduce paperwork associated with these 
inspections.
    Section 134.120.
    In Sec. 134.120, we propose adding the terms ``and periodic 
inspection'' to require tests and inspections of liftboat jacking 
systems, liftboat legs, liftboat leg pads, arrangements for the supply 
of water to fire mains, and items listed in 46 CFR 126.430 at the 
inspection for certification and periodic inspection. We are proposing 
these changes to align with the international standards provided in 
SOLAS. These changes would also provide vessel owners and operators 
with more flexibility to schedule required inspections and reduce 
paperwork associated with these inspections.
    Section 169.239.
    In Sec. 169.239, we propose adding the terms ``and periodic 
inspection'' to require tests and inspections of the hull structure and 
its appurtenances at the inspection for certification and periodic 
inspection. We are proposing these changes to align with the 
international standards provided in SOLAS. These changes would also 
provide vessel owners and operators with more flexibility to schedule 
required inspections and reduce paperwork associated with these 
inspections.
    Section 169.241.
    We propose amending Sec. 169.241 to require examinations and tests 
of the engine starting system, engine control mechanism, auxiliary 
machinery, fuel systems, sea valves and bulkhead closure valves, and 
bilge and drainage systems at the periodic inspection and the 
inspection for certification. We are proposing these changes to align 
with the international standards provided in SOLAS. These changes would 
also provide vessel owners and operators with more flexibility to 
schedule required inspections and reduce paperwork associated with 
these inspections.
    Section 169.243.
    We propose amending Sec. 169.243 to require examinations and tests 
of the electrical cable, overload or circuit protective devices, 
rotating machinery, the fire detection and alarm system, storage 
batteries, and generators at the periodic inspection and the inspection 
for certification. We are proposing these changes to align with the 
international standards provided in SOLAS. These changes would also 
provide vessel owners and operators with more flexibility to schedule 
required inspections and reduce paperwork associated with these 
inspections.
    Section 169.251.
    In Sec. 169.251, we propose adding the terms ``and periodic 
inspection'' to require inspections and operational tests of the 
steering apparatus at the inspection for certification and periodic 
inspection. These tests determine whether the steering apparatus is in 
satisfactory condition and fit for the service intended. We are 
proposing these changes to align with the international standards 
provided in SOLAS. These changes would also provide vessel owners and 
operators with more flexibility to schedule required inspections and 
reduce paperwork associated with these inspections.
    Section 169.253.
    In Sec. 169.253 we propose adding the terms ``and periodic 
inspection'' to require examinations and tests of the ship's outfit, 
such as ground tackle, navigation lights, and compass, at the same 
intervals as the inspection for certification. These tests determine 
whether the ship's outfit is in satisfactory condition and fit for the 
service intended. We are proposing these changes to align with the 
international standards provided in SOLAS. These changes would also 
provide vessel owners and operators with more flexibility to schedule 
required inspections and reduce paperwork associated with these 
inspections.
    Section 169.257.
    In Sec. 169.257, we propose adding the terms ``periodic 
inspection'' and ``annual inspection'' to require the vessel owner or 
operator to correct any unsafe practices and hazardous situations 
observed by the marine inspector during all vessel inspections. We also 
propose removing the term ``reinspection.'' We are proposing these 
changes to align with the international standards provided in SOLAS. 
These changes would also provide vessel owners and operators with more 
flexibility to schedule required inspections and reduce paperwork 
associated with these inspections.
    Section 189.25-47.
    In Sec. 189.25-47, we propose adding the term ``and periodic 
inspection'' to require inspections for chemical and explosive hazards 
at the inspection for certification and periodic inspection. We are 
proposing these changes to align with the international standards 
provided in SOLAS. These changes would also provide vessel owners and 
operators with more flexibility to schedule required inspections and 
reduce paperwork associated with these inspections.
    Section 195.11-15.
    We propose revising Sec. 195.11-15 to require inspection of 
accommodation, power and chemical stores vans during each inspection 
for certification and periodic inspection. Currently, Sec. 195.11-15 
requires these inspections at 2-year intervals. We are proposing these 
changes to align with the international standards provided in SOLAS.
(j) Application for Annual Inspection of Passenger Vessels and Nautical 
School Ships
    Sections 71.25-5, 115.404, 167.15-20, and 176.404.
    Under 46 U.S.C. 3309, we propose requiring in Secs. 71.25-5, 
115.404, 167.15-20, and 176.404 that an application for the annual 
inspection must be submitted at least 30 days before the current COI 
expires.
    Currently, subchapter H passenger vessels, nautical school vessels 
inspected under 46 CFR 167.15, and subchapters T and K small passenger 
vessels on international voyages are required to have a 1-year COI. 
These vessels would continue to obtain and

[[Page 62026]]

maintain 1-year COIs and would undergo an inspection for certification 
each year. Subchapter H passenger vessels need to be inspected more 
frequently to ensure vessel and passenger safety due to the number of 
passengers carried and the increased risk associated with international 
voyages. Nautical school ships also need to be inspected more often due 
to the lack of experience of the students on board. Also, 46 U.S.C. 
3307 requires small passenger vessels (subchapters T and K) carrying 
more than 12 passengers on an international voyage to undergo an 
inspection for certification each year.

Alternate Hull Examination (AHE) Program.

    The Coast Guard conducts hull examinations on all inspected 
passenger vessels to evaluate their seaworthiness and to ensure overall 
passenger safety. Currently, as required by regulations, these 
examinations are conducted in drydock; however, many vessels on inland 
rivers are unable to reach these facilities without significant 
hardship. Because of advances in technology, the Coast Guard has 
determined that an underwater hull examination, coupled with a thorough 
internal structural examination, offers a safe and reasonable 
alternative to drydocking for vessels operating exclusively in ``low 
risk'' environments. Low risk environments are described in the 
discussion of eligibility requirements below. Based on this conclusion, 
the AHE Program was developed.
    This proposed rule would establish the AHE Program in regulation. 
The program would allow for drydock extensions for up to 30 or 60 
months, depending on the method you choose, for qualifying passenger 
vessels inspected under 46 CFR subchapters H, K, or T. This program 
would allow these vessels to undergo an indefinite number of alternate 
hull examinations instead of traditional drydock examinations.
(a) General
    The proposed rule contains organizational and editorial changes to 
the regulations for the AHE Program.
    Sections 71.50-5, 115.600, and 176.612.
    We propose redesignating Secs. 71.50-5, 115.600, and 176.612 as 
Secs. 71.50-35, 115.605, and 176.665, respectively. Also, we propose 
redesignating Secs. 115.612, 115.630, 115.675, 176.612, 176.630, and 
176.670 as Secs. 115.665, 115.670, 115.675, 176.665, 176.670, and 
176.675. The proposed rule would add several new sections for the AHE 
Program and the Underwater Survey Program. These proposed 
organizational changes would keep similar requirements together.
    Sections 71.50-35, 115.665, and 176.665.
    We propose adding the words ``underwater survey'' in the newly 
redesignated Secs. 71.50-35, 115.665, and 176.665. This change would 
ensure that each vessel would have a plan on board that shows the 
vessel's scantlings whenever the vessel undergoes an examination, 
survey, or repairs. Vessel scantlings are dimensions of structural 
parts such as frames, girders, and plating used in shipbuilding. We 
propose adding the option of an underwater survey as part of the AHE 
Program for subchapters H, K, and T.
(b) Definitions
    Sections 71.50-1, 115.600, and 176.600.
    We propose amending the definitions for ``drydock examination'' and 
``internal structural examination,'' and adding the definition of 
``underwater survey'' in Sec. 71.50-1. We propose adding the 
definitions for ``drydock examination,'' ``internal structural 
examination,'' and ``underwater survey'' in Secs. 115.600, and 176.600. 
These definitions would apply to subchapters H, K, and T. We propose 
adding the term ``appurtenances'' that was missing from the definition 
of ``drydock examination.'' The following are examples of 
appurtenances: sea chests, propellers, rudders, and tailshafts. We 
propose removing the paragraph designations from all definitions within 
all 3 sections. We propose adding the definition of ``underwater 
survey'' to introduce and clarify this examination process in our 
regulations.
(c) AHE Program Description
    Sections 71.50-15, 115.620, and 176.620.
    We propose adding Secs. 71.50-15, 115.620, and 176.620 to explain 
the AHE Program for certain passenger vessels and list the four steps 
of the program: the application process, the preliminary examination, 
the pre-survey meeting, and the hull examination. The hull examination 
includes an underwater survey that may be conducted with divers or an 
underwater remotely operated vehicle (ROV). If divers are exclusively 
used for the underwater survey portion of the AHE examination process, 
you may receive an extension of up to 30 months. If a Coast Guard-
accepted underwater ROV is used, you may receive an extension of up to 
60 months (5 years).
(d) Eligibility Requirements
    Sections 71.50-17, 115.625, and 176.625.
    We propose adding Secs. 71.50-17, 115.625, and 176.625 that contain 
eligibility requirements for the AHE Program and include construction, 
operation, and vessel condition requirements. To qualify for enrollment 
in the AHE Program, vessels must--
     Be constructed of steel or aluminum;
     Have an adequate hull protection system;
     Have operated exclusively in fresh water since the last 
drydock examination;
     Operate in rivers or protected lakes; and
     Operate within 0.5 nautical miles from shore, or operate 
in water shallow enough so the vessel itself can provide adequate safe 
refuge for all persons on board in the event of a hull breech. To 
determine whether your vessel can provide adequate safe refuge you must 
consider its stability and physical space.
    In addition, the OCMI must accept the vessel's overall condition, 
history of hull casualties and deficiencies, and the AHE Program 
application.
    Vessels that meet these criteria face much lower safety risks 
compared to vessels that operate in salt-water and vessels constructed 
of wood or fiberglass.
    In paragraph (a)(2) in each of these sections, an ``adequate hull 
protection system'' means a method of protecting the vessel's hull from 
corrosion. Frequently, this is accomplished by the application of a 
combination of hull coatings and cathodic protection (usually zincs).
(e) Application Requirements
    Sections 71.50-19, 115.630, and 176.630.
    We propose adding Secs. 71.50-19, 115.630, and 176.630 that contain 
the AHE Program application requirements for vessels that meet the 
eligibility criteria for this program. These sections establish when 
and to whom the vessel owner or operator must submit an application, 
and what information the application must contain. The application must 
be in the form of a letter and must include--
     The time and place for conducting the hull examination;
     The names of the diving contractors or the underwater ROV 
company;
     Plans and drawings of the vessel;
     Information on the condition of the vessel;
     Plans for conducting the hull examination;

[[Page 62027]]

     Plans for the annual condition assessment;
     Plans for conducting preventative hull maintenance; and
     The name and qualifications of third-party examiners (if 
applicable).
    The annual hull condition assessment is required to ensure periodic 
evaluation of the vessel's hull condition. It should include an 
abbreviated survey (spot check) of the vessel's underwater hull, 
including its protection system and through-hull fittings and 
appurtenances, any repairs that have been made, and any suspect areas 
of the hull. This would also give you an opportunity to complete any 
necessary preventative maintenance such as replacement of zincs and 
repair of hull coatings.
    The AHE Program is recognized to be time and resource intensive for 
the Coast Guard when compared to the traditional drydock examination 
process, particularly when divers are used exclusively for the 
underwater hull survey. We introduce the ``third-party examiner'' in 
this proposed rulemaking (as allowed in 46 U.S.C. 3103) to enable the 
Coast Guard to use its resources more effectively. The third-party 
examiner is an individual who has been hired by the vessel owner or 
operator, and accepted by the OCMI, to oversee the entire examination 
process under the AHE Program. This person must be familiar with the 
inspection procedures and his or her responsibilities under this 
program.
(f) Preliminary Examination Requirements
    Sections 71.50-21, 115.635, and 176.635.
    We propose adding Secs. 71.50-21, 115.635, and 176.635 that contain 
requirements regarding the preliminary examination (if required) and 
the presence of the third-party examiner. During this exam, divers must 
assess the overall condition of the vessel's hull and identify specific 
concerns to be addressed during the underwater hull examination. The 
preliminary examination is not required when an underwater ROV is used.
(g) Pre-Survey Meeting
    Sections 71.50-23, 115.640, and 176.640.
    We propose adding Secs. 71.50-23, 115.640, and 176.640 that contain 
requirements for the pre-survey meeting in which the details of the 
examination process of the AHE Program are discussed with the OCMI. A 
vessel owner or operator must request this meeting in writing at least 
30 days in advance of the proposed examination date. The pre-survey 
meeting must take place 2 weeks before the examination.
(h) AHE Procedure
    Sections 71.50-25, 115.645, and 176.645.
    We propose adding Secs. 71.50-25, 115.645, and 176.645 that contain 
requirements for conducting the underwater survey. To complete the 
underwater survey you must--
     Perform a general examination of the underwater hull 
plating and a detailed examination of all hull welds, propellers, 
tailshafts, rudders, and other hull appurtenances;
     Measure rudder and tailshaft bearing clearances and 
examine all sea chests;
     Remove and inspect all sea valves in the presence of a 
marine inspector;
     Remove all passengers from the vessel when the sea valves 
are being examined, if required by the Officer in Charge, Marine 
Inspection;
     Allow access to all internal areas of the hull for 
examination; and
     Meet the procedural requirements for divers or underwater 
ROVs in Secs. 71.50-27, 115.650, and 176.650.
    In paragraph (a)(4) of these sections, the OCMI may require removal 
of all passengers from the vessel during the examination of sea valves. 
Removal of passengers is likely to occur if there is a risk to the 
watertight integrity of the hull or an inability to keep the essential 
machinery in operation. The marine inspector may examine any areas of 
the vessel the OCMI deems necessary to ensure the safety of passengers 
and crew. In the event that damage or potential problems are found, the 
OCMI may require the vessel to be taken out of service or dry-docked. 
For example, if the vessel had a grounding, an allision, collision, or 
if structural damage was suspected for any reason, the OCMI may require 
the vessel to be dry-docked to examine the damage.
(i) AHE Program options: Divers or Underwater ROV
    Sections 71.50-27, 115.650, and 176.650.
    We propose adding Secs. 71.50-27, 115.650, and 176.650 that include 
the requirements of the two options, divers or an underwater ROV, to 
conduct the underwater survey.
    The proposed rule would require the use of a third-party examiner 
when divers are used exclusively for the underwater examination of hull 
plating. The proposed rule would also require appropriate underwater 
audio and video equipment to record the examination when divers are 
used. We recommend a maximum water velocity of 1 knot for safe dive 
operations unless divers are line-tended as provided for in 46 CFR 
197.430.
    If divers are used exclusively for the underwater survey portion of 
the AHE Program, a third-party examiner must observe the entire 
examination process. By requiring the use of a third-party examiner, 
Coast Guard marine inspectors would need to be present only during 
critical portions of the examination process such as--
     Examination of critical welds, propeller, rudder, other 
hull appurtenances, sea chests, and sea valves;
     Plugging of sea chests and the removal of sea valves;
     Gauging of rudder and tailshaft bearings; and
     Any other portions deemed necessary by the OCMI.
    Since the entire underwater survey is recorded on video, the OCMI 
may review, as necessary, any details that were not observed at the 
time of survey in order to support his or her drydock extension 
recommendation.
    If an underwater ROV is used for the examination of hull plating, 
the presence of a third-party examiner is not required because the ROV 
operator will take the place of a third-party examiner during the 
underwater survey, which is the most time-intensive portion of the AHE 
examination process. We recognize that divers would be used for the 
portions of the underwater survey that the underwater ROV is incapable 
of covering. Depending on the vessel's hull configuration, the 
underwater ROV may not be able to access as much as 10 to 20 percent of 
the vessel's hull plating. In addition, divers would be used to examine 
sea valves, sea chests, hull appurtenances, and rudders. A Coast Guard 
marine inspector would normally be present during these portions of the 
examination regardless of whether a third-party examiner is present. 
The additional time required of the Coast Guard inspectors would be 
negligible and would not justify requiring a third party examiner to be 
present during those portions of the survey when divers are used.
    Current ROV technology available to the marine industry includes 
underwater inspection vehicles with integrated non-destructive testing 
(NDT) sensors, high-resolution video systems, acoustic navigation and 
positioning systems, and data management systems with digital 
recording. Such systems are capable of capturing detailed, quantifiable 
data on hull plating thickness, coating thickness, coating condition, 
cathodic protection field, plating discontinuities (crack detection),

[[Page 62028]]

and hull form analysis. With the use of acoustic navigation and 
positioning systems, all survey data can be correlated to an exact 
position (within a few inches) on the vessel's hull, which provide 
permanent, repeatable results, for long-term trend analysis. Along with 
video imaging of the survey, inspection reports generated by digital 
data analysis can include color visualizations (maps) of the vessel's 
hull that indicate plating thickness (or wastage), coating thickness, 
and cathodic protection.
    If you choose to use an underwater ROV, the design, equipment 
specifications, results-reporting capabilities, operator 
qualifications, and quality assurance methods must be accepted by the 
Commandant (G-MOC). Additionally, the underwater ROV must undergo at 
least one operational test before acceptance. Once accepted, the ROV 
system may be employed on any Coast Guard-inspected vessel enrolled or 
seeking entrance into the AHE Program. This acceptance would be valid 
for an indefinite period of time, unless revoked by the Commandant.
    Because modern underwater ROV technology offers a hull examination 
process far superior to traditional underwater survey methods, and at 
least equivalent to hull examinations conducted in drydock, a 60 month 
(5-year) hull examination interval is proposed when an Underwater ROV 
is used in the AHE process. A 5-year interval would be in line with the 
current drydock examination interval required by regulations for 
passenger vessels operating in fresh water.
(j) Reports
    Sections Sec. 71.50-29, 115.655, and 176.655.
    We propose adding Secs. 71.50-29, 115.655, and 176.655 that provide 
requirements for the hull examination report. The OCMI would evaluate 
the hull examination report and submit it along with his or her 
recommendation to the Commandant (G-MOC).
    If divers are used exclusively to examine the underwater hull 
plating, you must provide a written report to the OCMI. This report 
must include thickness gauging results, bearing clearances, a copy of 
the audio and video recordings, and any other information that will 
help the OCMI evaluate your vessel for a drydock extension. The third-
party examiner must sign the report and confirm the validity of its 
contents. By signing the report, the third-party examiner confirms that 
the results of the report are true and accurate. If you used divers 
exclusively to examine the hull plating and the report is approved, you 
will receive a drydock extension of up to 30 months. If your report is 
not approved, the OCMI may require your vessel to be dry-docked to 
ensure passenger safety.
    When an underwater ROV is used to examine the hull plating, you 
must provide a report to the OCMI in a format acceptable to the 
Commandant (G-MOC). If the underwater ROV report is approved, you will 
receive a drydock extension of up to 60 months. If your report is not 
approved the OCMI may require your vessel to be drydocked to ensure 
passenger safety.
(k) Continued Participation
    Sections Sec. 71.50-31, 115.660, and 176.660.
    We propose adding Secs. 71.50-31, 115.660, and 176.660 that 
establish the requirements for continued participation in the AHE 
Program. To continue to participate in the AHE Program, the proposed 
rule would require you to--
    (a) Conduct an annual hull condition assessment that evaluates your 
vessel's hull, through-hull fittings and appurtenances and provides 
ultrasonic test results of high risk areas of the vessel's hull;
    (b) Conduct preventive maintenance which must include--
    (1) Inspection and replacement (as needed) of zinc anodes;
    (2) Inspection and cleaning (as needed) of the underwater hull;
    (3) Inspection and maintenance of the rudder and shaft seals;
    (4) Inspection and operational testing of sea valves; and
    (5) Flushing of sea chests and sea strainers; and
    (c) Submit the results of your preventive maintenance plan and hull 
condition assessment report to the Officer in Charge, Marine 
Inspection, annually.
    These reports must conform to the plans that you submitted in the 
application and may be in the form of reports or checklists, whichever 
format is more effective.
    Participating in the AHE Program is entirely voluntary. Once a 
vessel enters the program, it may receive an indefinite number of 
drydock extensions; however, the OCMI may require it to be dry-docked 
if the examination process of the AHE Program is deemed inadequate for 
evaluating its hull condition or if out-of-water repairs are necessary.

Underwater Survey Program

    The proposed rule would provide owners and operators of U.S. 
passenger vessels, nautical school ships, and sailing school vessels 
with steel or aluminum hulls (inspected under 46 CFR subchapters H, K, 
R, and T) the option of alternating an underwater hull survey with a 
drydock examination. In addition, it would establish vessel 
qualifications for the Underwater Survey Program.
    In conjunction with this proposed rule, the Coast Guard would 
update NVIC 1-89 entitled ``Underwater Survey Guidance'' to include 
passenger vessels, nautical school ships, and sailing school vessels 
and to incorporate the option of using an underwater ROV instead of 
divers to examine the underwater hull plating.
    If you choose to use an underwater ROV, the design, equipment 
specifications, results-reporting capabilities, operator 
qualifications, and quality assurance methods must be accepted by the 
Commandant (G-MOC). Additionally, the underwater ROV must undergo at 
least one operational test before acceptance witnessed by the Coast 
Guard. Once accepted, the ROV system may be employed on any Coast 
Guard-inspected vessel enrolled or seeking entrance into the Underwater 
Survey Program. This acceptance would be valid for an indefinite period 
of time, unless revoked by the Commandant.
(a) General
    The proposed rule contains organizational and editorial changes to 
the regulations for the Underwater Survey Program.
    Sections Sec. 167.15-35 and 169.233.
    We propose to add the term ``underwater survey'' to Secs. 167.15-35 
and 169.233. This change would require each vessel and barge to have a 
plan on board showing the vessel's scantlings during each underwater 
survey.
(b) Definitions
    Sections 167.15-27 and 169.231.
    We propose adding the definition of ``underwater survey'' in 
Secs. 167.15-27 and 169.231. We propose adding the definition of 
``underwater survey'' to introduce and clarify this examination process 
in subchapter R.
(c) Examination Intervals
    Sections 71.50-3, 115.605, 167.15-30, 169.229, and 176.605.
    In Secs. 71.50-3, 115.605, 167.15-30, 169.229, and 176.605, we 
propose revising the requirements for the drydocking and internal 
structural examination intervals to allow the option to participate in 
an underwater survey for qualifying passenger vessels, nautical school 
ships, and sailing school vessels. The proposed revisions in 
Secs. 71.50-3, 115.605, and 176.605 provide the underwater survey 
option

[[Page 62029]]

for passenger vessels on international voyages and passenger vessels 
not operated on international voyages. In Sec. 167.15-30, the proposed 
revision would allow nautical school ships operating in fresh and salt 
water the option to have an underwater survey instead of drydocking. In 
Sec. 169.229, the proposed revision would allow sailing school vessels 
operating in fresh and salt water the option to have an underwater 
survey instead of drydocking.
(d) Vessel Qualifications and Application
    Sections 71.50-5, 115.615, 167.15-33, 169.230, and 176.615.
    We propose adding Secs. 71.50-5, 115.615, 167.15-33, 169.230, and 
176.615 to establish requirements for vessels to qualify for an 
underwater survey instead of a drydock examination at alternating 
intervals. The OCMI may approve an underwater survey for a vessel if it 
is less than 15 years of age and, if it meets the structural and 
operational requirements of these sections. A vessel over 15 years of 
age may also qualify for an underwater survey, if the results of hull 
gaugings taken at the drydock examination preceding the proposed 
underwater survey find no appreciable deterioration and the OCMI 
provides a recommendation to the Commandant (G-MOC). The OCMI would 
notify the vessel owner or operator of approval. These sections also 
outline the application contents and submission requirements for an 
underwater survey.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT)(44 FR 11040; 
February 26, 1979). A draft Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT follows:

Frequency of Inspection

    This portion of the rulemaking affects a total of 10,973 vessels. 
Potential benefits of this proposal include--
     A harmonized inspection system enabling vessel owners and 
operators to receive their COI, SOLAS certificates, and Load Line 
Certificates simultaneously;
     Increased flexibility for vessel owners and operators by 
establishing up to a 3 month window on either side of the COI 
anniversary date in which to conduct inspections; and
     A reduction in the burden placed on vessel owners by 
requiring less time expended on inspections. We have identified 5,531 
vessels (freight barges, freight ships, mobile offshore drilling units, 
industrial vessels, oceanographic research vessels, offshore supply 
vessels, sailing school vessels, seagoing towing vessels, tank barges, 
and tank ships) that would be required to change from a 2-year to a 5-
year inspection interval. For the next 30 years, we estimate an annual 
burden reduction of 35 minutes per vessel. We have also identified 
5,442 small passenger vessels that would change from a 3-year to a 5-
year inspection interval; for the next 30 years, we estimate an annual 
burden reduction of 13.5 minutes per vessel.
    We considered whether this proposed rule would have an impact on 
the currently assessed annual vessel inspection fees. The Coast Guard 
considers the impact to be minimal; and therefore, have a negligible 
effect on the annual vessel inspection fee schedule. Accordingly, this 
rule does not change annual vessel inspection fees. However, we will 
initiate a rulemaking in 2000 that will reassess annual vessels 
inspection fees, and will account for all market condition changes.
    Although this rulemaking proposes a restructuring of the inspection 
process, vessels would continue to be inspected once per year.

Alternate Hull Examination (AHE) Program

    Certain passenger vessels, operating on restricted inland 
waterways, experience higher drydocking costs compared to vessels with 
convenient access to drydock facilities. These costs are related to the 
hull inspection process (e.g., lost revenue during transit to and from 
drydock facilities and time out of water). However, some of these 
vessels are at a lower risk for hull stress due to these operating 
environments. To alleviate this cost burden, we propose to offer the 
AHE Program as an option to drydock examinations. These alternatives 
may, in applicable cases, be less costly for owners or operators than 
drydocking. No costs are associated with this component of the 
rulemaking. Each vessel owner is given the option to choose the most 
cost-effective hull examination process. There are 51 passenger vessels 
that would be able to take advantage of the increased flexibility of 
this proposed rule.

Underwater Survey Program

    The Underwater Survey Program would increase hull inspection 
flexibility for U.S. passenger vessel, nautical school ship, and 
sailing school vessel owners or operators. This program allows a vessel 
to undergo an underwater survey instead of a drydock examination and is 
currently available to most other classes of inspected vessels.
    Due to the success of the Underwater Survey Program with these 
other vessel types, and the advanced underwater survey technology now 
available, the Coast Guard proposes that passenger vessel owners or 
operators have the option to alternate between underwater surveys and 
drydock examinations. There are no additional costs to the vessel 
owners or operators with this component of the rulemaking. Use of 
underwater surveys is completely voluntary and would only be undertaken 
if deemed cost effective by the vessel owner. There are 5,670 vessels 
that would be able to take advantage of the increased flexibility of 
this proposed rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 less than 
50,000.
    This proposed rule would not increase costs to any of the affected 
vessels and, therefore, would not increase cost to small entities. We 
estimate this rule would slightly reduce their burden by requiring less 
time expended on inspections. It would also add flexibility by allowing 
alternative means for conducting drydock examinations. The anticipated 
benefits of this rulemaking to small entities would be as follows:

Frequency of Inspection

     Requiring a COI certificate once every 5 years instead of 
every 2 or 3 years would reduce the collection-of-information burden 
for all portions of the affected populations of the industry, including 
small entities. We determined that this rule would reduce the 
collection-of-information burden over a 30-year period.
     The inspection cycle would align better with international 
standards,

[[Page 62030]]

enabling vessel owners and operators to complete several major 
inspections and surveys at the same time. This allows small businesses 
to reduce their inspection cost and increase their productivity.
     Requiring annual inspections that are less time consuming 
would reduce the number of total inspection hours per vessel. The 
purpose of annual inspections is to examine specific areas of concern 
on vessels between the COI and periodic inspections.
     The inspection cycle for small passenger vessels (changing 
from a 3-year to a 5-year inspection for certification interval) would 
not include a periodic inspection. After careful consideration, we 
determined that periodic inspections for small passenger vessels would 
have increase industry's burden for each inspection by an estimated 7 
minutes per vessel annually. Therefore, the proposed rule would only 
require COI and annual inspections, reducing the inspection burden for 
all small passenger vessels.

AHE Program

    These regulatory options would reduce the inspection burden for 
vessels that must travel a great distance to drydock while providing an 
equivalent level of safety as drydock hull examinations. In cases where 
it is cost efficient for the vessel owner, these options would greatly 
decrease the amount of time and resources associated with a traditional 
drydock inspection and would therefore be beneficial to small entities. 
Because each vessel owner or operator experiences varying transit 
distances and financial impact, each owner should assess these factors 
on an individual basis.

Underwater Survey Program

    This voluntary regulatory option would align U.S. passenger vessel 
regulations with international standards. This alignment would help the 
owners and operators of U.S. passenger vessels by granting them the 
same flexibility given to other vessel classes for conducting drydock 
examinations. By preventing significant delays and revenue loss, this 
option would be more cost-effective than traditional drydock 
examinations for small entities that wish to participate in this 
voluntary option.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. No data is available at this time 
to determine how many of the vessels affected by this proposed rule are 
small entities. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
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, explain why you think it qualifies and how 
and to what degree this rule would economically affect it.

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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Mr. James W. Cratty, Office of 
Standards Evaluation and Development (G-MSR-2), 202-267-6742.
    Small entities may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations, to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for two collections of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As 
defined in 5 CFR 1320.3(c), ``collection of information'' comprises 
reporting, recordkeeping, monitoring, posting, labeling, and other 
similar actions. The titles and descriptions of the collection of 
information, descriptions of those who must collect the information, 
and estimates of the total annual burden, follow. Estimates cover the 
time for reviewing instructions, searching existing sources of data, 
gathering and maintaining the data needed, and completing the reviewing 
collection.
    The information collection requirements of this proposed rule are 
addressed in the previously approved OMB collections 2115-0007, and 
2115-0133.

OMB Collection 2115-0007

    Title: Application for Vessel Inspection and Waiver.
    Summary of the Collection of Information: The frequency of 
inspection portion of this proposed rule would require vessel owners 
and operators to change the frequency in which they send an 
``Application for Inspection of U.S. Vessel (CG-3752)''. These changes 
revise the previously approved OMB Collection 2115-0007. This 
collection of information would be affected by proposed changes in the 
following sections: 46 CFR 31.01-15, 91.25-5, 126.420, 169.205, and 
189.25-5.
    Need for Information: This rulemaking would reduce the paperwork 
burden for affected vessels. Vessel owners or operators would be 
required to send an application (CG-3752) to schedule an inspection for 
renewal of a Certificate of Inspection once every 5 years, rather than 
every 2 or 3 years.
    Proposed Use of Information: The application provides the Coast 
Guard with basic vessel information which is necessary for the initial 
planning and scheduling of inspection.
    Description of the Respondents: This rule would affect respondents 
who previously had 2 or 3-year inspection intervals for their vessel's 
Certificate of Inspection (COI). This rule would implement a 5-year 
inspection interval. Previous 2-year COI vessel classes include freight 
barges, freight ships, industrial vessels, mobile offshore drilling 
units, oceanographic research vessels, offshore supply vessels, 
seagoing tows, tank barges, and tank ships. Previous 3-year COI vessel 
classes include small passenger vessels.
    Number of Respondents: The total number of respondents for the 
collection as submitted to OMB is 11,221. The regulation would affect 
10,973 respondents that currently have 2 or 3-year inspection 
intervals.
    Frequency of Response: For the entire collection, we anticipate 
2,443 total annual responses. Vessel owners will need to respond once 
per COI period. Completing and mailing the application constitutes a 
response. The Coast Guard anticipates that 2,195 vessels per year will 
get new COIs under the new 5-year inspection interval (10,973 
respondents affected by this rule / 5 years).
    Burden of Response: We estimate that this collection of information 
would place a burden of 613 hours. The annual hour burden created by 
this regulation for vessels with 5-year COIs would be 549 hours (2,195 
COI/Year  x  0.25 hours). We expect operators to need 15 minutes at 
most to complete and mail the application.
    Estimate of Total Annual Burden: There would be a total annual 
burden of

[[Page 62031]]

$24,500. The annual burden attributed to this rulemaking for vessels 
with a 5-year COI would be $21,960 (549 hours  x  the private industry 
wage rate of $40 per hour).

OMB Collection 2115-0133

    Title: Various Forms and Posting Requirements Under Title 46 CFR 
Concerning Vessel Inspections.
    Summary of the Collection of Information: This proposed rule would 
require vessel owners and operators to change the frequency in which 
they post COIs on vessels and apply for participation in AHE and 
Underwater Survey Programs. These changes revise and amend the 
previously approved OMB Collection 2115-0133.
    This collection of information would be affected by proposed 
changes in the following sections:
    Frequency of Inspection. 46 CFR 31.05-10, 91.01-10, 107.211, 
115.107, 126.250, 169.207, 176.107, and 189.01-10.
    AHE Program. 46 CFR 71.50-19, 115.630, and 176.630.
    Underwater Survey Program. 46 CFR 71.50-5, 115.615, 167.15-33, 
169.230 and 176.615.
    Need for Information:
    Frequency of Inspection. This rulemaking would reduce the paperwork 
burden for affected vessels. Vessel owners or operators would renew 
Certificates of Inspection once every 5 years, rather than every 2 or 3 
years. A Certificate of Inspection is necessary to allow a Coast Guard 
inspector to evaluate the condition of a specific vessel and to ensure 
it is fit for the service for which it is intended.
    AHE Program. The application for underwater hull inspection would 
provide the Officer in Charge, Marine Inspection (OCMI) with 
information necessary to determine if a vessel is eligible for the AHE 
Program. The application includes a preventative maintenance plan and a 
hull condition assessment plan.
    Underwater Survey Program. Passenger vessels, nautical school 
ships, and sailing school vessels with steel or aluminum hulls may be 
considered for an alternative underwater survey instead of drydocking 
examinations, provided the vessel is fitted with an effective hull 
protection system and meets certain requirements. Depending on the age 
of the vessel, owners must apply to the OCMI or Commandant (G-MOC) for 
approval of underwater surveys instead of drydock examinations for each 
vessel. This is a voluntary collection of information, which is 
intended to allow greater flexibility for owners of passenger vessels. 
In addition, this underwater survey option would align U.S. regulations 
with international standards.
    Proposed Use of Information:
    Frequency of Inspection. The Coast Guard uses the COI to evaluate 
the condition of a specific vessel and to ensure it is fit for the 
service for which it is intended.
    AHE Program. The application for underwater hull inspection 
provides the OCMI with information necessary to determine if a vessel 
is eligible for the AHE Program.
    Underwater Survey Program. The underwater survey application 
provides the OCMI information to determine if an underwater survey is 
sufficient to replace a drydock hull inspection.
    Description of the Respondents:
    Frequency of Inspection. This rule would affect respondents who 
previously had 2-year and 3-year COI interval. The rule would implement 
a 5-year inspection interval. Previous 2-year COI vessel classes 
include freight barges, freight ships, industrial vessels, MODUs, 
oceanographic research vessels, offshore supply vessels, seagoing tows, 
tank barges, and tank ships. Previous 3-year COI vessel classes include 
small passenger vessels.
    AHE Program. The affected respondents are qualifying passenger 
vessels that operate exclusively on restricted, low-risk environments.
    Underwater Survey Program. The affected respondents for this 
voluntary inspection process are all U.S. subchapter H, K, R, or T 
vessels, with steel or aluminum hulls.
    Number of Respondents:
    The total number of respondents for the collection as submitted to 
OMB is 13,121. The affected respondents by this rule are detailed 
below.
    Frequency of Inspection. There are 11,213 vessels that have 
Certificates of Inspection. The regulation would affect 10,973 
respondents that currently have 2 or 3-year inspection intervals.
    AHE Program. We anticipate that 51 respondents would choose to take 
advantage of this program.
    Underwater Survey Program. We anticipate that 85 respondents would 
choose to take advantage of this program.
    Frequency of Response:
    For the entire collection, we anticipate total annual responses of 
3,384.
    Frequency of Inspection. Vessel owners would need to respond once 
per COI period. The posting of the certificate constitutes a response. 
The Coast Guard anticipates that 2,195 vessels would get new COIs per 
year under the new 5-year inspection interval (10,973 respondents/5 
years).
    AHE Program. The Coast Guard expects the owners of 20 vessels to 
apply for participation in the AHE Program per year.
    Underwater Survey Program. The Coast Guard expects the owners of 43 
vessels to apply per year for underwater surveys.
    Burden of Response:
    Frequency of Inspection. The annual hour burden created by this 
regulation would be 1,098 hours (2,195 COI per year  x  0.5 hours). We 
expect operators to need 30 minutes to post the certificate on each 
ship.
    AHE Program. We expect 20 extension applications per year. Each 
application is expected to place a burden of two hours including 
research and legal review. Therefore, on average there would be a 40 
annual hour burden (20 applications per year  x  2 hours per 
application).
    Underwater Survey Program. We expect 43 applications for underwater 
surveys per year. Each application would place a burden of two hours 
including research and legal review. Therefore, on average there would 
be an 86 annual hour burden (43 applications per year  x  2 hours per 
application).
    Estimate of Total Annual Burden:
    The annual burden attributed to this rulemaking is $48,960 (1,224 
hours times the private industry wage rate of $40 per hour).
    Public Comments on Collection of Information:
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted 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 
requirements for this collection of information become

[[Page 62032]]

effective, we will publish notice in the Federal Register of OMB's 
decision to approve, modify, or disapprove the collection.

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    This rule deals exclusively with changing inspection intervals and 
providing voluntary dry-docking alternatives for certain passenger 
vessels. We considered the environmental impact of this proposed rule 
and concluded that under figure 2-1, paragraph (34)(d), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 52

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 90

    Cargo vessels, Marine safety.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 98

    Cargo vessels, Hazardous materials transportation, Marine safety, 
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 110

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 114

    Incorporation by reference, Marine safety, Passenger vessels, 
Reporting and recordkeeping requirements.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 125

    Administrative practice and procedure, Authority delegation, 
Hazardous materials transportation, Incorporation by reference, Marine 
safety, Offshore supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 126

    Authority delegation, Hazardous materials transportation, Marine 
safety, Offshore supply vessels, Oil and gas exploration, Reporting and 
recordkeeping requirements, Vessels.

46 CFR Part 132

    Fire prevention, Hazardous materials transportation, Marine safety, 
Offshore supply vessels, Oil and gas exploration, Vessels.

46 CFR Part 133

    Marine safety, Occupational safety and health, Oil and gas 
exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 134

    Hazardous materials transportation, Marine safety, Offshore supply 
vessels, Oil and gas exploration, Provisions for liftboats, Vessels.

46 CFR Part 167

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Seamen, Vessels.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Vessels.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 188

    Marine safety, Oceanographic research vessels.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 195

    Marine Safety, Navigation (water), Oceanographic research vessels.

46 CFR Part 199

    Cargo vessels, Incorporation by reference, Marine safety, Oil and 
gas exploration, Passenger vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 2, 30, 31, 52, 61, 71, 90, 91, 98, 107, 110, 114, 
115, 125, 126, 132, 133, 134, 167, 169, 175, 176, 188, 189, 195, and 
199 as follows:

[[Page 62033]]

PART 2--VESSEL INSPECTIONS

    1. Revise the authority citation for part 2 to read as follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 
3703; E.O. 12334, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46; subpart 2.45 also issued under the authority of Act Dec. 27, 
1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note 
prec. 1).


Sec. 2.01-3  [Amended]

    2. In Sec. 2.01-3(a), remove the words, ``, but less than 60 
days,''.


Sec. 2.01-5  [Amended]

    3. In Sec. 2.01-5(a), remove paragraphs (a)(3) and (4).


Sec. 2.01-8  [Amended]

    4. In Sec. 2.01-8(b), remove ``Sec. 176.35-1'' and add, in its 
place, ``Secs. 115.900 and 176.900''.
    5. In Sec. 2.01-25--
    a. Remove paragraph (a)(1)(v) and redesignate paragraphs (a)(1)(vi) 
through (viii) as paragraphs (a)(1)(v) through (vii), respectively;
    b. In paragraph (b)(1), immediately following the words 
``subchapter I (Cargo and Miscellaneous Vessels),'' add the words 
``subchapter K (Small Passenger Vessels Carrying more than 150 
Passengers or with overnight accommodations for more than 49 
Passengers), subchapter L (Offshore Supply Vessels),''; and
    c. Revise paragraphs (a)(4), (b)(2), (e)(2), and (f) to read as 
follows:


Sec. 2.01-25  International Convention for Safety of Life at Sea, 1974.

    (a) *  *  *
    (4) The Federal Communications Commission will issue the following 
certificates:
    (i) Cargo Ship Safety Radio Certificate.
    (ii) Exemption Certificate.
* * * * *
    (b) *  *  *
    (2) For vessels other than passenger vessels, you must contact the 
local office of the Federal Communications Commission to apply for the 
inspection concerning the issuance of a Cargo Ship Safety Radio 
Certificate.
* * * * *
    (e) *  *  *
    (2) The Federal Communications Commission issues the Exemption 
Certificate, which modifies the Cargo Ship Safety Radio Certificate.
    (f) Availability of Certificates. The Convention certificates must 
be on board the vessel and readily available for examination at all 
times.
* * * * *

PART 30--GENERAL PROVISIONS

    6. Revise the authority citation for part 30 to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3307, 3703; 49 U.S.C. 5103, 
5106; 49 CFR 1.45, 1.46; Section 30.01-2 also issued under the 
authority of 44 U.S.C. 3507; Section 30.01-5 also issued under the 
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

    7. Add Sec. 30.10-2a to read as follows:


Sec. 30.10-2a  Anniversary date--TB/ALL.

    The term anniversary date means the day and the month of each year, 
which corresponds to the date of expiration of the Certificate of 
Inspection.

PART 31--INSPECTION AND CERTIFICATION

    8. Revise the authority citation for part 31 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 588013 CFR, 1980 
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 
49 CFR 1.46. Section 31.10-21 also issued under the authority of 
Sect. 4109, Pub. L. 101-380, 104 Stat. 515.


Sec. 31.01-1  [Amended]

    9. In Sec. 31.01-1(a), remove the words ``biennially, annually,'' 
and add, in their place, the words ``every 5 years''.
    10. In Sec. 31.01-15, revise the section heading and paragraph (a) 
to read as follows:


Sec. 31.01-15  Application for a Certificate of Inspection--TB/ALL.

    (a) You must submit a written application for an inspection for 
certification to the cognizant OCMI. To renew a Certificate of 
Inspection, you must submit an application at least 30 days before the 
expiration of the tank vessel's current Certificate of Inspection. When 
renewing a Certificate of Inspection, you must schedule an inspection 
for certification within 3 months before the expiration date of the 
current Certificate of Inspection.
* * * * *
    11. In Sec. 31.05-10, revise the section heading and paragraph (a) 
to read as follows:


Sec. 31.05-10  Period of validity for a Certificate of Inspection--TB/
ALL.

    (a) A Certificate of Inspection is valid for 5 years.
* * * * *
    12. In Sec. 31.10-15, revise paragraph (a) and add paragraph (c) to 
read as follows:


Sec. 31.10-15  Inspection for Certification--TB/ALL.

    (a) After receiving an application for inspection, the OCMI will 
inspect a tank vessel in his or her jurisdiction once every 5 years. 
The OCMI will ensure that every tank vessel is of a structure suitable 
for the carriage of flammable and/or combustible liquids in bulk and 
for the proper grade or grades of cargo the vessel carries while in 
service. If the OCMI deems it necessary, he or she may direct the 
vessel to be put in motion, and may adopt any other suitable means to 
test the tank vessel and its equipment.
* * * * *
    (c) If the vessel passes the inspection for certification, the OCMI 
will issue a new Certificate of Inspection.
    13. Revise Sec. 31.10-17 to read as follows:


Sec. 31.10-17  Annual and periodic inspections--TB/ALL.

    (a) Annual inspection. Your vessel must undergo an annual 
inspection within 3 months before or after each anniversary date, 
except as specified in paragraph (b) of this section.
    (1) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (2) The scope of the annual inspection is the same as the 
inspection for certification but in less detail unless the cognizant 
marine inspector finds deficiencies or determines that a major change 
has occurred since the last inspection. If deficiencies are found or a 
major change to the vessel has occurred, the marine inspector will 
conduct an inspection more detailed in scope to ensure that the vessel 
is in satisfactory condition and fit for the service for which it is 
intended. If your vessel passes the annual inspection, the marine 
inspector will endorse your vessel's current Certificate of Inspection.
    (3) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    (b) Periodic inspection. Your vessel must undergo a periodic 
inspection within 3 months before or after the second or third 
anniversary of the date of your vessel's Certificate of Inspection. 
This periodic inspection will take the place of an annual inspection.
    (1) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.

[[Page 62034]]

    (2) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 31.10-15(b). The 
OCMI will ensure that the vessel is in satisfactory condition and fit 
for the service for which it is intended. If your vessel passes the 
periodic inspection, the marine inspector will endorse your vessel's 
current Certificate of Inspection.
    (3) If the periodic inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    14. Add Sec. 31.10-17a to read as follows:


Sec. 31.10-17a  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Sec. 31.10-17 (a) and (b) and your Certificate of Inspection must be 
endorsed.


Sec. 31.10-18  [Amended]

    15. In Sec. 31.10-18--
    a. In paragraph (d), remove the words ``biennially by'' and add, in 
their place, the words ``at the inspection for certification and the 
periodic inspection by'' and remove the words ``Prior to the biennial 
inspection'' and add, in their place, the words ``Before the inspection 
for certification and periodic inspection'';
    b. In paragraph (e), immediately following the words ``inspection 
for certification'' add the words ``, periodic inspection,''; and
    c. In paragraph (h), immediately following the words ``inspection 
for certification'' add the words ``, periodic inspection,''.


Sec. 31.40-1  [Amended]

    16. In Sec. 31.40-1, immediately following the words 
``international voyage.'' add the words ``(See Sec. 30.01-6 of this 
chapter.)''.
    17. Revise Sec. 31.40-15 to read as follows:


Sec. 31.40-15  Cargo Ship Safety Radio Certificate--T/ALL.

    Every tankship equipped with a radio installation on an 
international voyage must have a Cargo Ship Safety Radio Certificate. 
Each radio installation must meet the requirements of the Federal 
Communication Commission and the International Convention for Safety of 
Life at Sea.
    18.-19. Revise Sec. 31.40-35 and its section heading to read as 
follows:


Sec. 31.40-35  Availability of Certificates.

    The Convention certificates shall be on board the vessel and 
readily available for examination at all times.
    20. Revise Sec. 31.40-40 to read as follows:


Sec. 31.40-40  Duration of Convention certificates--T/ALL.

    (a) The following certificates are valid for a period of not more 
than 60 months.
    (1) A Cargo Ship Safety Construction Certificate.
    (2) A Cargo Ship Safety Equipment Certificate.
    (3) A Safety Management Certificate.
    (4) A Cargo Ship Safety Radio Certificate.
    (b) An Exemption certificate must not be valid for longer than the 
period of the certificate to which it refers.
    (c) A Convention certificate may be withdrawn, revoked, or 
suspended at any time when it is determined that the vessel is no 
longer in compliance with applicable requirements. (See Sec. 2.01-70 of 
this chapter for procedures governing appeals.)

PART 52--POWER BOILERS

    21. Revise the authority citation for part 52 to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.


Sec. 52.01-50  [Amended]

    22. 52.01-50(k)(1), immediately following the words ``inspection 
for certification'' add the words ``, periodic inspection''.

PART 61--PERIODIC TESTS AND INSPECTIONS

    23. Revise the authority citation for part 61 to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3307, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p.277; 49 CFR 1.46.


Sec. 61.05-10  [Amended]

    24. In Sec. 61.05-10, in Table 61.05-10, remove the letters 
``COI'', wherever they appear, and add, in their place, the number 
``2.5''; and, in footnote number 1 to Table 61.05-10, remove the words 
``; where COI is used, the intervals coincide with the applicable 
vessel's inspection for certification''.
    25. In Sec. 61.10-5, revise paragraphs (c), (h), and (i) to read as 
follows:


Sec. 61.10-5  Pressure vessels in service.

* * * * *
    (c) Special purpose vessels. (1) If your vessel's Certificate of 
Inspection is renewed annually, the following must be examined under 
operating conditions at each inspection for certification: all tubular 
heat exchangers, hydraulic accumulators, and all pressure vessels used 
in refrigeration service.
    (2) If your vessel's Certificate of Inspection is renewed less 
often than annually, the following must be examined under operating 
conditions twice every 5 years: all tubular heat exchangers, hydraulic 
accumulators, and all pressure vessels used in refrigeration service.
    (3) No more than 3 years may elapse between any examination and its 
immediate predecessor.
* * * * *
    (h) Pneumatic tests.
    (1) Pressure vessels that were pneumatically tested before being 
stamped with the Coast Guard Symbol must be examined internally twice 
every 5 years and examined externally at each Inspection for 
Certification. No more than 3 years may elapse between any external 
examination and its immediate predecessor.
    (2) For tanks whose design precludes a thorough internal or 
external examination, the thickness must be determined by a 
nondestructive method acceptable to the Officer in Charge, Marine 
Inspection.
    (3) If (due to the product carried) your vessel's inspection 
intervals are prescribed in subchapter D (Tank Vessels), subchapter I 
(Cargo and Miscellaneous Vessels), or subchapter I-A (Mobile Offshore 
Drilling Units), you must comply with the pneumatic test regulations 
there, instead of the ones in this section.
    (i) Safety or relief valves on pressure vessels.
    (1) If your vessel's Certificate of Inspection is renewed annually, 
the marine inspector must check the settings of the safety or relief 
valves on all pressure vessels, except cargo tanks, at each inspection 
for certification.
    (2) If your vessel's Certificate of Inspection is renewed less 
often than annually, the marine inspector must check the settings of 
the safety or relief valves on all pressure vessels, except cargo 
tanks, twice every 5 years. No more than 3 years may elapse between any 
check and its immediate predecessor.
    (3) Cargo tank safety or relief valves must be checked at the 
interval required in subchapter D (Tank Vessels) or subchapter I (Cargo 
and Miscellaneous Vessels) of this chapter.


Sec. 61.15-5  [Amended]

    26. In Sec. 61.15-5(c), immediately following the words 
``inspection for

[[Page 62035]]

certification'' add the words ``for vessels whose Certificates of 
Inspection are renewed each year. For other vessels, the setting must 
be checked twice within any 5-year period, and no more than 3 years may 
elapse between any check and its immediate predecessor''.


Sec. 61.15-10  [Amended]

    27. In Sec. 61.15-10(a), remove the words ``and at each inspection 
for certification'' and add, in their place, the words ``, at each 
inspection for certification, and at each periodic inspection''.


Sec. 61.15-12  [Amended]

    28. In Sec. 61.15-12(a), immediately following the words 
``inspection for certification'' add the words ``and periodic 
inspection''.
    29. Revise Sec. 61.20-1(a) to read as follows:


Sec. 61.20-1  Steering gear.

    (a) The marine inspector must inspect the steering gear at each 
inspection for certification for vessels whose Certificate of 
Inspections are renewed each year. For other vessels, the marine 
inspector must inspect the steering gear twice within a 5-year period, 
and no more than 3 years may elapse between any inspection and its 
immediate predecessor. The marine inspector may inspect the steering 
gear more often, if necessary.
* * * * *


Sec. 61.20-3  [Amended]

    30. In Sec. 61.20-3, in paragraph (a), immediately following the 
words ``inspection for certification'' add the words ``and periodic 
inspection''; and, in paragraph (b), immediately following the words 
``inspection for certification'' add the words ``and periodic 
inspection''.


Sec. 61.30-15  [Amended]

    31. In Sec. 61.30-15, immediately following the words ``inspection 
for certification'' add the words ``, periodic inspection''.


Sec. 61.30-20  [Amended]

    32. In Sec. 61.30-20, immediately following the words ``inspection 
for certification'' add the words ``, periodic inspection''.

PART 71--INSPECTION AND CERTIFICATION

    33. Revise the authority citation for part 71 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

    34. Add Sec. 71.25-5(b) to read as follows:


Sec. 71.25-5  When made.

* * * * *
    (b) You must submit your application for the annual inspection at 
least 30 days before your current certificate of inspection expires.
    35. Revise Sec. 71.50-1 to read as follows:


Sec. 71.50-1  Definitions relating to hull examinations.

    As used in this part--
    Drydock examination means hauling out a vessel or placing a vessel 
in a drydock or slipway for an examination of all accessible parts of 
the vessel's underwater body, and all through-hull fittings and 
appurtenances.
    Internal structural examination means an examination of the vessel 
while afloat or in drydock and consists of a complete examination of 
the vessel's main strength members, including the major internal 
framing, the hull plating, voids, and ballast tanks, but not including 
cargo or fuel oil tanks.
    Underwater survey means the examination of the vessel's underwater 
hull including all through-hull fittings and appurtenances, while the 
vessel is afloat.
    36. In Sec. 71.50-3 revise the section heading paragraph (a), and 
the introductory text of paragraph (b) to read as follows:


Sec. 71.50-3  Drydock examination, internal structural examination, and 
underwater survey intervals.

    (a) If your vessel is operated on international voyages, it must 
undergo a drydock and internal structural examination once every 12 
months unless it has been approved to undergo an underwater survey per 
Sec. 71.50-5.
    (b) If your vessel is operated on other than international voyages 
and does not meet the conditions in paragraphs (c) through (f) of this 
section, it must undergo a drydock and internal structural examination 
as follows unless it has been approved to undergo an underwater survey 
per Sec. 71.50-5:
* * * * *


Sec. 71.50-5  [Redesignated as Sec. 71.50-35 and Amended]

    37. Redesignate Sec. 71.50-5 as Sec. 71.50-35; in paragraph (b), 
remove the words ``a drydock examination or internal structural 
examination'' and add, in their place, the words ``a drydock 
examination, internal structural examination, or underwater survey,''; 
in paragraph (c), remove the words ``a drydock examination or internal 
structural examination'' and add, in their place, the words ``a drydock 
examination, internal structural examination, or underwater survey''.
    38. Add new Sec. 71.50-5 to read as follows:


Sec. 71.50-5  Underwater Survey.

    (a) The OCMI, may approve an underwater survey instead of a drydock 
examination at alternating intervals if your vessel is--
    (1) Less than 15 years of age;
    (2) A steel or aluminum hulled vessel;
    (3) Fitted with an effective hull protection system; and
    (4) Described in Sec. 71.50-3(a) or (b).
    (b) For vessels less than 15 years of age, you must submit an 
application for an underwater survey to the Officer in Charge, Marine 
Inspection at least 90 days before your vessel's next required drydock 
examination. The application must include--
    (1) The procedure for carrying out the underwater survey;
    (2) The time and place of the underwater survey;
    (3) The method used to accurately determine the diver's or remotely 
operated vehicle's (ROV) location relative to the hull;
    (4) The means for examining all through-hull fittings and 
appurtenances;
    (5) The means for taking shaft bearing clearances;
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of survey; and
    (7) A description of the hull protection system.
    (c) If your vessel is 15 years old or older, the Commandant (G-
MOC), may approve an underwater survey instead of a drydock examination 
at alternating intervals. You must submit an application for an 
underwater survey to the Officer in Charge, Marine Inspection at least 
90 days before your vessel's next required drydock examination. You may 
be allowed this option if--
    (1) The vessel is qualified under paragraphs (a)(2) through (4) of 
this section;
    (2) Your application includes the information in paragraphs (b)(1) 
through (7) of this section; and
    (3) During the vessel's drydock examination that precedes the 
proposed underwater survey, a complete set of hull gaugings was taken 
and they indicated that the vessel was free from appreciable hull 
deterioration.
    (d) After this drydock examination, the Officer in Charge, Marine 
Inspection submits a recommendation for future underwater surveys, the 
results of the hull gauging, and the results of the Coast Guards' 
drydock examination

[[Page 62036]]

results to the Commandant (G-MOC) for review.
    39. Add Sec. 71.50-15 to read as follows:


Sec. 71.50-15  Description of the Alternate Hull Examination Program 
for certain passenger vessels.

    The Alternate Hull Examination (AHE) Program provides you with an 
alternative to drydock examination by allowing your vessel's hull to be 
examined while it remains afloat. This program has four steps: the 
application process, the preliminary examination, the pre-survey 
meeting, and the hull examination. Once you complete these steps, the 
Officer in Charge, Marine Inspection (OCMI) may recommend that the 
Commandant (G-MOC) extend the interval between your drydock examination 
dates (drydock extension). If divers are exclusively used for the 
underwater survey portion of the examination process, you may receive 
an extension of up to 30 months. If an underwater ROV is used, you may 
receive an extension of up to 60 months (5 years). At the end of this 
extension period, you may apply for additional drydock extensions under 
the AHE Program.
    40. Add Sec. 71.50-17 to read as follows:


Sec. 71.50-17  Eligibility requirements for the AHE Program for certain 
passenger vessels.

    (a) Your vessel may be eligible for the AHE Program if--
    (1) It is constructed of steel or aluminum;
    (2) It has an effective hull protection system;
    (3) It has operated exclusively in fresh water since its last 
drydock examination;
    (4) It operates on rivers or protected lakes; and
    (5) It operates exclusively in shallow water or within 0.5 nautical 
miles from shore.
    (b) In addition to the requirements in paragraph (a), the Officer 
in Charge, Marine Inspection will evaluate the following information 
when determining your vessel's eligibility for the AHE Program:
    (1) The overall condition of the vessel, based on its inspection 
history.
    (2) The vessel's history of hull casualties and hull-related 
deficiencies.
    (3) The AHE Program application, as described in Sec. 71.50-19.
    41. Add Sec. 71.50-19 to read as follows:


Sec. 71.50-19  The AHE Program application.

    If your vessel meets the eligibility criteria in Sec. 71.50-17, you 
may apply to the AHE Program. You must submit an application at least 
90 days before the requested hull examination date to the Officer in 
Charge, Marine Inspection who will oversee the hull examination. The 
application must include--
    (a) The proposed time and place for conducting the hull 
examination;
    (b) The name of the participating diving contractor and, if 
applicable, the underwater remotely operated vehicle (ROV) company 
which must be accepted by the Commandant (G-MOC) under Sec. 71.50-27;
    (c) The name and qualifications of the third-party examiner, if 
applicable. This person must be familiar with the inspection procedures 
and his or her responsibilities under this program. The Officer in 
Charge, Marine Inspection has the discretionary authority to accept or 
deny use of any third-party examiner;
    (d) A signed statement from your vessel's master, chief engineer, 
or the person in charge stating the vessel meets the eligibility 
criteria of Sec. 71.50-17 and a description of the vessel's overall 
condition, level of maintenance, known or suspected damage, underwater 
body cleanliness, and the anticipated draft of the vessel at the time 
of the examination;
    (e) Plans or drawings that illustrate the external details of the 
hull below the sheer strake;
    (f) A detailed plan for conducting the hull examination in 
accordance with Secs. 71.50-25 and 71.50-27, which must address all 
safety concerns related to the removal of sea valves during the 
inspection;
    (g) A preventative maintenance plan for your vessel's hull, its 
related systems and equipment; and
    (h) A plan for conducting the annual condition assessment of your 
vessel's hull which must include, at a minimum--
    (1) An evaluation of your vessel's underwater hull including all 
through-hull fittings and appurtenances; and
    (2) The ultrasonic test results of the vessel's hull, focused on 
areas that may be at high risk due to corrosion.
    42. Add Sec. 71.50-21 to read as follows:


Sec. 71.50-21  Preliminary examination requirements.

    (a) If you use divers to examine the underwater hull plating, you 
must arrange to have a preliminary examination conducted by a third-
party examiner, with the assistance of qualified divers. The purpose of 
the preliminary examination is to assess the overall condition of the 
vessel's hull and identify any specific concerns to be addressed during 
the underwater hull examination.
    (b) If you use an underwater ROV to examine your vessel's hull 
plating, a preliminary examination and the participation of a third-
party examiner will not be necessary.
    43. Add Sec. 71.50-23 to read as follows:


Sec. 71.50-23  Pre-Survey meeting.

    (a) You must conduct a pre-survey meeting to discuss the details of 
the AHE procedure with the Officer in Charge, Marine Inspection. If you 
use divers to examine the underwater hull plating, the third-party 
examiner must attend the meeting and you must present the results of 
the preliminary examination. If you use an underwater ROV to examine 
the vessel's hull plating, then the ROV operator must attend the pre-
survey meeting and address the underwater ROV's capabilities and 
limitations related to your vessel's hull design and configuration.
    (b) A vessel owner or operator must request this meeting in writing 
at least 30 days in advance of the proposed examination date.
    44. Add Sec. 71.50-25 read as follows:


Sec. 71.50-25  AHE Procedure.

    (a) To complete the underwater survey you must--
    (1) Perform a general examination of the underwater hull plating 
and a detailed examination of all hull welds, propellers, tailshafts, 
rudders, and other hull appurtenances;
    (2) Measure rudder and tailshaft bearing clearances and examine all 
sea chests;
    (3) Remove and inspect all sea valves in the presence of a marine 
inspector;
    (4) Remove all passengers from the vessel when the sea valves are 
being examined, if required by the Officer in Charge, Marine 
Inspection;
    (5) Allow access to all internal areas of the hull for examination; 
and
    (6) Meet the requirements in Sec. 71.50-27.
    (b) A marine inspector may examine any other areas deemed necessary 
by the Officer in Charge, Marine Inspection.
    (c) The Officer in Charge, Marine Inspection may require you to 
drydock the vessel or otherwise take it out of service if the AHE 
uncovers potential problems to further assess the extent of the damage 
and to effect permanent repairs.
    45. Add Sec. 71.50-27 to read as follows:


Sec. 71.50-27  AHE Program options: divers or underwater ROV.

    To conduct the underwater survey portion of your hull examination, 
you may use divers or an underwater ROV.
    (a) If you use divers to conduct the underwater survey, you must:
    (1) Locate the vessel so the divers can work safely under the 
vessel's keel and

[[Page 62037]]

around both sides. The water velocity must be safe for dive operations.
    (2) Provide permanent hull markings or a temporary underwater grid 
system to identify the diver's location with respect to the hull, 
within one foot of accuracy.
    (3) Take ultrasonic thickness gaugings at a minimum of 5 points on 
each plate, evenly spaced.
    (4) Take plating thickness gaugings along transverse sections at 
the bow, stern, midship, and longitudinally along the wind and water 
strake. The divers must space such gaugings at a maximum of 3 feet 
apart.
    (5) Ensure the third-party examiner observes the entire underwater 
examination process.
    (6) Record the entire underwater survey with audio and video 
recording equipment and ensure that communications between divers and 
the third-party examiner are recorded.
    (7) Use appropriate equipment, such as a clear box, if underwater 
visibility is poor, to provide the camera with a clear view of the 
hull.
    (b) You may use an underwater ROV to conduct the underwater survey. 
The underwater ROV operator, survey process and equipment, quality 
assurance methods, and the content and format of the survey report must 
be accepted by the Commandant (G-MOC). If you choose this option, you 
must--
    (1) Locate the vessel to ensure that the underwater ROV can operate 
effectively under the vessel's keel and around all sides; and
    (2) Employ divers to examine any sections of the hull and 
appurtenances that the underwater ROV cannot access or is otherwise 
unable to evaluate.
    46. Add Sec. 71.50-29 to read as follows:


Sec. 71.50-29  Hull examination reports.

    (a) If you use divers for the examination of the hull plating, you 
must provide the Officer in Charge, Marine Inspection with a written 
hull examination report. This report must include thickness gauging 
results, bearing clearances, a copy of the audio and video recordings 
and any other information that will help the OCMI evaluate your vessel 
for a drydock extension. The third-party examiner must sign the report 
and confirm the validity of its contents.
    (b) If you use an underwater ROV for the examination of the hull 
plating, you must provide the Officer in Charge, Marine Inspection with 
a report in the format that is accepted by the Commandant (G-MOC), per 
Sec. 71.50-27(b).
    (c) The Officer in Charge, Marine Inspection will evaluate the hull 
examination report and will submit it along with his or her 
recommendations to the Commandant (G-MOC) for review. If approved and 
you use divers to examine the hull plating, you may receive a drydock 
extension of up to 30 months. If approved and you use an underwater ROV 
to examine the hull plating, you may receive a drydock extension of up 
to 60 months (5 years).
    47. Add Sec. 71.50-31 to read as follows:


Sec. 71.50-31  Continued participation in the AHE Program.

    To continue to participate in the AHE Program, you must conduct 
your annual hull condition assessment and submit your hull condition 
assessment and preventive maintenance reports or checklists on an 
annual basis to the Officer in Charge, Marine Inspection. These reports 
or checklists must conform to the plans you submitted in your 
application under Sec. 71.50-19, which the Officer in Charge, Marine 
Inspection approved.

PART 90--GENERAL PROVISIONS

    48. Revise the authority citation for part 90 to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 3703; 49 U.S.C. 5103, 5106; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    49. Redesignate Secs. 90.10-1 and 90.10-2 as Secs. 90.10-2 and 
90.10-3, and add new Sec. 90.10-1 to read as follows:


Sec. 90.10-1  Anniversary date.

    The term anniversary date means the day and the month of each year, 
which corresponds to the date of expiration of the Certificate of 
Inspection.

PART 91--INSPECTION AND CERTIFICATION

    50. Revise the authority citation for part 91 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; E.O. 
12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.


Sec. 91.01-10  [Amended]

    51. In Sec. 91.01-10--
    a. In the section heading, immediately following the word 
``validity'' add the words ``for a Certificate of Inspection'';
    b. In paragraph (a), remove the words ``periods of either 1 or 2 
years'' and add, in their place, the words ``a period of 5 years''; and
    c. In paragraph (c)(2), remove the words ``2 years'' and add, in 
their place, the words ``5 years''.
    52. Revise Sec. 91.25-5 to read as follows:


Sec. 91.25-5  Application for a Certificate of Inspection.

    You must submit a written application for an inspection for 
certification to the cognizant Officer in Charge, Marine Inspection. To 
renew a Certificate of Inspection, you must submit an application at 
least 30 days before the expiration of the tank vessel's current 
certificate. You must use Form CG-3752, Application for Inspection of 
U.S. Vessel, and submit it to the Officer in Charge, Marine Inspection 
at, or nearest to, the port where the vessel is located. When renewing 
a Certificate of Inspection, you must schedule an inspection for 
certification within 3 months before the expiration date of the current 
Certificate of Inspection.
    53. Revise Sec. 91.25-20(a) to read as follows:


Sec. 91.25-20  Fire-extinguishing equipment.

    (a) At each inspection for certification, periodic inspection and 
at other times necessary, the inspector will determine that all fire-
extinguishing equipment is in suitable condition and may require any 
tests necessary to determine the condition of the equipment. The 
inspector will determine if the tests and inspections required by 
Sec. 91.15-60 of this subchapter have been conducted. At each 
inspection for certification and periodic inspection, the inspector 
will check fire-extinguishing equipment with the following tests and 
inspections:
* * * * *


Sec. 91.25-25  [Amended]

    54. In Sec. 91.25-25(a), immediately following the words 
``inspection for certification'' add the words ``and periodic 
inspection''.


Sec. 91.25-38  [Amended]

    55. In Sec. 91.25-38, immediately following the words ``inspection 
for certification'' add the words ``and periodic inspection''.


Sec. 91.25-40  [Amended]

    56. In Sec. 91.25-40, immediately following the words ``inspection 
for certification'' add the words ``and periodic inspection''.


Sec. 91.25-45  [Amended]

    57. In Sec. 91.25-45, immediately following the words ``inspection 
for certification'' add the words ``and periodic inspection''.

Subpart 91.27, Consisting of Secs. 91.27-1 Through 91.27-15--
[Amended]

    58. In subpart 91.27, in the subpart heading, remove the word 
``Reinspection'' and add, in its place,

[[Page 62038]]

the words ``Annual and Periodic Inspections''.
    59. Revise Sec. 91.27-1 to read as follows:


Sec. 91.27-1  Annual and periodic inspections.

    (a) Annual inspection. Your vessel must undergo an annual 
inspection within the 3 months before or after each anniversary date, 
except as required in paragraph (b) of this section.
    (1) You must contact the cognizant Officer in Charge, Marine 
Inspection to schedule an inspection at a time and place which he or 
she approves. No written application is required.
    (2) The scope of the annual inspection is the same as the 
inspection for certification as specified in Sec. 91.25-10 but in less 
detail unless the cognizant marine inspector finds deficiencies or 
determines that a major change has occurred since the last inspection. 
If deficiencies are found or a major change to the vessel has occurred, 
the marine inspector will conduct an inspection more detailed in scope 
to ensure that the vessel is in satisfactory condition and fit for the 
service for which it is intended. If your vessel passes the annual 
inspection, the marine inspector will endorse your current Certificate 
of Inspection.
    (3) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the Officer in Charge, Marine Inspection.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    (b) Periodic inspection. Your vessel must undergo a periodic 
inspection within 3 months before or after the second or third 
anniversary of the date of your vessel's Certificate of Inspection. 
This periodic inspection will take the place of an annual inspection.
    (1) You must contact the cognizant Officer in Charge, Marine 
Inspection to schedule an inspection at a time and place which he or 
she approves. No written application is required.
    (2) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 91.25-10. The 
Officer in Charge, Marine Inspection will insure that the vessel is in 
satisfactory condition and fit for the service for which it is 
intended. If your vessel passes the periodic inspection, the marine 
inspector will endorse your current Certificate of Inspection.
    (3) If the periodic inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the Officer in Charge, Marine 
Inspection.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    60. Revise Sec. 91.27-5 to read as follows:


Sec. 91.27-5  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Sec. 91.27-1(a) and (b) and your Certificate of Inspection must be 
endorsed.


Sec. 91.27-10  [Removed]

    61. Remove Sec. 91.27-10.
    62. Revise Sec. 91.27-13 to read as follows:


Sec. 91.27-13  Alternative annual inspection for offshore supply 
vessels less than 400 gross tons in foreign ports.

    (a) The owner or operator of an offshore supply vessel of less than 
400 gross tons, except liftboats as defined in Sec. 90.10-20 of this 
chapter, may request authorization to conduct an alternative annual 
inspection in place of the annual inspection described in Sec. 91.27-
1(a) of this chapter. You must submit your request to the Officer in 
Charge, Marine Inspection responsible for conducting inspections in the 
country in which the vessel is operating and will be examined. To 
qualify for the alternative annual inspection, you must meet the 
following requirements:
    (1) The request for authorization must be in writing and received 
by the cognizant Officer in Charge, Marine Inspection before the end of 
the twelfth month of each COI anniversary year.
    (2) The vessel is expected to be continuously employed outside of 
the United States during the 3 months before and after each anniversary 
date of the issuance of the COI.
    (b) In determining whether to grant authorization for the 
alternative annual inspection, the Officer in Charge, Marine Inspection 
will consider the following:
    (1) Information contained in previous inspection and drydock 
examination reports, including the Officer in Charge, Marine 
Inspection's recommendation for participation in the alternative 
midperiod examination program, and the alternative annual inspection 
program.
    (2) The nature, number, and severity of any marine casualties or 
accidents, as defined in Sec. 4.03-1 of this chapter, which the vessel 
has experienced in the last 3 years.
    (3) The nature, number, and severity of any outstanding inspection 
requirements for the vessel.
    (4) The owner or operator's history of compliance and cooperation 
in the alternative midperiod examination program and the alternative 
annual inspection program, which includes--
    (i) The prompt correction of deficiencies;
    (ii) The reliability of previously submitted alternative 
examination and annual inspection reports; and
    (iii) The reliability of representations that the vessel under 
consideration will be, and other vessels previously examined under this 
section were, employed outside of the United States for the 3 month 
period before and after each anniversary date.
    (c) If authorization is granted, the Officer in Charge, Marine 
Inspection must provide the applicant written authorization to proceed 
with the alternative annual inspection, including special instructions 
when appropriate.
    (d) The following conditions must be met for the alternative annual 
inspection to be accepted by the Coast Guard in lieu of conducting an 
annual inspection in accordance with Sec. 91.27-1(a) of this subpart.
    (1) The alternative annual inspection must be conducted within 3 
months before and after each anniversary date.
    (2) The alternative annual inspection must be of the scope detailed 
in Sec. 91.27-1(a) of this subpart and must be conducted by the 
vessel's master, operator, or a designated representative of the owner 
or operator.
    (3) Upon completion of the alternative annual inspection, the 
person or persons conducting the inspection must prepare a 
comprehensive report describing the conditions found. This inspection 
report must contain sufficient detail to allow an evaluation to be made 
by the Officer in Charge, Marine Inspection to whom the report is 
submitted that the vessel is fit for the service and route specified on 
the certificate of inspection. The report must include reports and 
receipts documenting the servicing of lifesaving and fire protection 
equipment, and any photographs or sketches necessary to clarify unusual 
circumstances. Each person preparing the report must sign it and 
certify that the information contained therein is complete and 
accurate.
    (4) Unless the vessel's master participated in the alternative 
annual

[[Page 62039]]

inspection and the preparation of the inspection report, the master 
must review the report for completeness and accuracy. The master must 
sign the report to indicate review and forward it to the vessel's owner 
or operator who requested authorization to conduct the inspection.
    (5) The owner or operator of an offshore supply vessel inspected 
under this subpart must review and submit the report required by 
paragraph (d)(3) of this section to the Officer in Charge, Marine 
Inspection who authorized the owner or operator to conduct the 
alternative annual inspection. The inspection report must be received 
by the cognizant Officer in Charge, Marine Inspection before the first 
day of the fifth month following the anniversary date. The forwarding 
letter or endorsement must be certified and contain the following 
information--
    (i) That the person or persons who conducted the inspection acted 
on behalf of the vessel's owner or operator;
    (ii) That the inspection report was reviewed by the owner or 
operator;
    (iii) That the discrepancies noted during the inspection have been 
corrected or will be corrected within a stated time frame; and
    (iv) That the owner or operator has sufficient personal knowledge 
of conditions aboard the vessel at the time of the inspection or has 
made necessary inquiries to justify forming a belief that the 
inspection report is true and correct.
    (e) The form of certification required under this subpart is as 
follows:
    ``I certify that the above is true and complete to the best of my 
knowledge and belief.''
    (f) Deficiencies and hazards discovered during an alternative 
annual inspection conducted pursuant to this section must be corrected 
or eliminated, if practical, before the inspection report is submitted 
to the Officer in Charge, Marine Inspection in accordance with 
paragraph (d)(5) of this section. Deficiencies and hazards that are not 
corrected or eliminated by the time the inspection report is submitted 
must be listed in the report as ``outstanding.'' Upon receipt of an 
inspection report indicating outstanding deficiencies or hazards, the 
Officer in Charge, Marine Inspection will inform the owner or operator 
of the vessel in writing of the time period in which to correct or 
eliminate the deficiencies or hazards and the method for establishing 
that the corrections have been accomplished. Where a deficiency or 
hazard remains uncorrected or uneliminated after the expiration of the 
time specified for correction or elimination, the Officer in Charge, 
Marine Inspection will initiate appropriate enforcement measures.
    (g) Upon receipt of the report required by paragraph (d)(3) of this 
section, the Officer in Charge, Marine Inspection must evaluate it and 
make the following determination:
    (1) Whether the alternative annual inspection is accepted in lieu 
of the annual inspection required by Sec. 91.27-1(a) of this subpart.
    (2) Whether the vessel is in satisfactory condition.
    (3) Whether the vessel continues to be reasonably fit for its 
intended service and route. The Officer in Charge, Marine Inspection 
may request any additional information needed to make the 
determinations required by this section. The Officer in Charge, Marine 
Inspection will inform the owner or operator in writing of the 
determinations required by this section.
    (h) If the Officer in Charge, Marine Inspection determines, in 
accordance with paragraph (g) of this section, that the alternative 
annual inspection is not accepted in lieu of the annual inspection 
required by Sec. 91.27-1(a) of this subpart, the vessel must be 
reinspected by the cognizant Officer in Charge, Marine Inspection as 
soon as practical.
    (i) If the Officer in Charge, Marine Inspection determines, in 
accordance with paragraph (g) of this section, that the alternative 
annual inspection is accepted in lieu of the annual inspection required 
by Sec. 91.27-1(a) of this subpart, the master must complete the 
applicable COI endorsement.


Sec. 91.60-1  [Amended]

    63. In Sec. 91.60-1, immediately following the words 
``international voyage.'' add the words ``(See Sec. 91.05-10 of this 
chapter.)''.
    64. Revise Sec. 91.60-15 to read as follows:


Sec. 91.60-15  Cargo Ship Safety Radio Certificate.

    Every vessel equipped with a radio installation on an international 
voyage must have a Cargo Ship Safety Radio Certificate. Each radio 
installation must meet the requirements of the Federal Communication 
Commission and the International Convention for Safety of Life at Sea.
    65-66. Revise Sec. 91.60-35 to read as follows:


Sec. 91.60-35  Availability of Certificates.

    The Convention certificates must be on board the vessel and readily 
available for examination at all times.
    67. Revise Sec. 91.60-40 to read as follows:


Sec. 91.60-40  Duration of Convention Certificates.

    (a) The following certificates are valid for a period of not more 
than 60 months.
    (1) A Cargo Ship Safety Construction Certificate.
    (2) A Cargo Ship Safety Equipment Certificate.
    (3) A Safety Management Certificate.
    (4) A Cargo Ship Safety Radio Certificate.
    (b) An Exemption certificate must not be valid for longer than the 
period of the certificate to which it refers.
    (c) A Convention certificate may be withdrawn, revoked, or 
suspended at any time when it is determined that the vessel is no 
longer in compliance with applicable requirements. (See Sec. 2.01-70 of 
this chapter for procedures governing appeals.)

PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS 
FOR CERTAIN DANGEROUS CARGOES IN BULK

    68. Revise the authority citation for part 98 to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C. 
App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 
CFR 1.46.


Sec. 98.25-95  [Amended]

    69. In Sec. 98.25-95(a)(2), remove the words ``biennial 
inspection'' and add, in their place, the words, ``inspection for 
certification and periodic inspection''.

PART 107--INSPECTION AND CERTIFICATION

    70. Revise the authority citation for part 107 to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; 
49 CFR 1.45, 1.46; Sec. 107.05 also issued under the authority of 44 
U.S.C. 3507.

    71. In Sec. 107.111, add, in alphabetical order, the definition for 
``anniversary date'' to read as follows:


Sec. 107.111  Definitions.

* * * * *
    Anniversary date means the day and the month of each year, which 
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *


Sec. 107.201  [Amended]

    72. In Sec. 107.201, in paragraph (b) remove the word ``biennial'', 
capitalize the word ``inspection'' the first time it appears, and in 
paragraph (c) remove the word ``reinspections'' and add, in its place, 
the words ``annual and periodic inspections''.
    73. Revise Sec. 107.211(d) to read as follows:

[[Page 62040]]

Sec. 107.211  Original Certificate of Inspection.

* * * * *
    (d) A Certificate of Inspection is valid for 5 years.
    74. In Sec. 107.215--
    (a) Revise section heading;
    (b) In paragraph (a), remove the words ``a biennial'' and add, in 
their place, the word ``an'';
    (c) In paragraph (b), remove the words ``60 days'' and add, in 
their place, the words ``30 days'';
    (d) In paragraph (c) remove the words ``biennial inspection'' and 
add, in their place, the words ``inspection for certification''; and
    (e) Add new paragraph (d) to read as follows:


Sec. 107.215  Renewal of Certificate of Inspection.

* * * * *
    (d) A Certificate of Inspection is valid for 5 years.
    75. Revise Sec. 107.269 to read as follows:


Sec. 107.269  Annual inspection.

    (a) Your mobile offshore drilling unit (MODU) must undergo an 
annual inspection within the 3 months before or after each anniversary 
date, except as specified in Sec. 107.270.
    (b) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (c) The scope of the annual inspection is the same as the 
inspection for certification as specified in Sec. 107.231, except 
Sec. 107.231 (x) and (y), but in less detail unless the cognizant OCMI 
finds deficiencies or determines that a major change has occurred since 
the last inspection. If deficiencies are found or a major change to the 
MODU has occurred, the OCMI will conduct an inspection more detailed in 
scope to ensure that the MODU is in satisfactory condition and fit for 
the service for which it is intended. If your MODU passes the annual 
inspection, the OCMI will endorse your current Certificate of 
Inspection.
    (d) If the annual inspection reveals deficiencies in your MODU's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the OCMI.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    76. Add Sec. 107.270 to read as follows:


Sec. 107.270  Periodic inspection.

    (a) Your vessel must undergo a periodic inspection within 3 months 
before or after the second or third anniversary of the date of your 
vessel's Certificate of Inspection. This periodic inspection will take 
the place of an annual inspection.
    (b) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (c) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 107.231 except 
Sec. 107.231 (x) and (y). The OCMI will insure that the MODU is in 
satisfactory condition and fit for the service for which it is 
intended. If your MODU passes the periodic inspection, the marine 
inspector will endorse your current Certificate of Inspection.
    (d) If the periodic inspection reveals deficiencies in your MODU's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the OCMI.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    77. In Sec. 107.279, revise paragraphs (b), (c) and (d) to read as 
follows:


Sec. 107.279  Certificate of Inspection: Failure to meet requirements.

* * * * *
    (b) Withhold renewal of the Certificate of Inspection until the 
MODU meets the requirements of Sec. 107.231, except Sec. 107.231 (x) 
and (y).
    (c) Suspend a valid Certificate of Inspection after an annual or 
periodic inspection until the MODU meets the requirements of 
Sec. 107.231, except Sec. 107.231 (x) and (y).
    (d) Revoke a valid Certificate of Inspection after an annual or 
periodic inspection if the unit operates without complying with Coast 
Guard orders to correct unlawful conditions.
    78. Add Sec. 107.283 to subpart B to read as follows:


Sec. 107.283  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Secs. 107.269 and 107.270 and your Certificate of Inspection must be 
endorsed.


Sec. 107.405  [Amended]

    79. In Sec. 107.405(b), remove the words ``24 months'' and add, in 
their place, the words ``60 months''.

PART 110--GENERAL PROVISIONS

    80. Revise the authority citation for part 110 to read as follows:

    Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR 
1.45, 1.46; Sec. 110.01-2 also issued under 44 U.S.C. 3507.

    81. Revise Sec. 110.30-5 to read as follows:


Sec. 110.30-5  Inspection for certification.

    Electric installations and electric equipment must be inspected at 
the inspection for certification and periodic inspection to determine 
mechanical and electrical condition and performance. Particular note 
must be made of circuits added or modified after the original issuance 
of the Certificate of Inspection.

PART 114--GENERAL PROVISIONS

    82. Revise the authority citation for part 114 to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3307, 3703; 49 U.S.C. App. 
1804; 49 CFR 1.45, 1.46. Sec. 114.900 also issued under 44 U.S.C. 
3507.

    83. In Sec. 114.400(b), add, in alphabetical order, the definition 
for ``anniversary date'' to read as follows:


Sec. 114.400  Definition of terms used in this subchapter.

* * * * *
    (b) * * *
    Anniversary date means the day and the month of each year, which 
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *

PART 115--INSPECTION AND CERTIFICATION

    84. Revise the authority citation for part 115 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
49 CFR 1.46.


Sec. 115.105  [Amended]

    85. In Sec. 115.105(e), in the second sentence, remove the word 
``periodic''.
    86. Revise Sec. 115.107 and its section heading to read as follows:


Sec. 115.107  Period of validity for a Certificate of Inspection.

    (a) A Certificate of Inspection is valid for 1 year for vessels 
carrying more than 12 passengers on international voyages.
    (b) A Certificate of Inspection is valid for 5 years for all other 
vessels.
    (c) A Certificate of Inspection may be suspended and withdrawn or 
revoked

[[Page 62041]]

by the cognizant OCMI at any time for noncompliance with the 
requirements of this subchapter.
    87. In Sec. 115.404, redesignate existing text as paragraph (a) and 
add paragraph (b) to read as follows:


Sec. 115.404  Subsequent inspections for certification.

* * * * *
    (b) You must submit your written application for renewal of a 
Certificate of Inspection to the OCMI at least 30 days prior to the 
expiration date of your current COI, as required in Sec. 115.105.
    88. Revise Sec. 115.500 to read as follows:


Sec. 115.500  When required.

    (a) Vessels carrying more than 12 passengers on international 
voyages must undergo an inspection for certification each year as 
specified in Sec. 115.404.
    (b) All other vessels must undergo an inspection for certification 
as specified in Sec. 115.404 and an annual inspection as specified in 
paragraph(b)(1) of this section.
    (1) Annual inspection. Your vessel must undergo an annual 
inspection within the 3 months before or after each anniversary date.
    (i) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (ii) The scope of the annual inspection is the same as the 
inspection for certification, as specified in Sec. 115.404 but in less 
detail unless the cognizant marine inspector finds deficiencies or 
determines that a major change has occurred since the last inspection. 
If deficiencies are found or a major change to the vessel has occurred, 
the marine inspector will conduct an inspection more detailed in scope 
to ensure that the vessel is in satisfactory condition and fit for the 
service for which it is intended. If your vessel passes the annual 
inspection, the marine inspector will endorse your current Certificate 
of Inspection.
    (iii) If the annual inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the OCMI.
    (iv) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    (2) [Reserved]
    89. Revise Sec. 115.502 to read as follows:


Sec. 115.502  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual inspections within the periods specified in Sec. 115.500 
and your Certificate of Inspection must be endorsed.


Sec. 115.600  [Redesignated as Sec. 115.605]

    90. Redesignate Sec. 115.600 as Sec. 115.605 and add new 
Sec. 115.600 to read as follows:


Sec. 115.600  Definitions relating to hull examinations.

    As used in this part--
    Drydock examination means hauling out a vessel or placing a vessel 
in a drydock or slipway for an examination of all accessible parts of 
the vessel's underwater body and all through-hull fittings and 
appurtenances.
    Internal structural examination means an examination of the vessel 
while afloat or in drydock and consists of a complete examination of 
the vessel's main strength members, including the major internal 
framing, the hull plating, voids, and ballast tanks, but not including 
cargo or fuel oil tanks.
    Underwater survey means the examination of the vessel's underwater 
hull including all through-hull fittings and appurtenances, while the 
vessel is afloat.
    91. In newly redesignated Sec. 115.605--
    a. Revise the section heading;
    b. Revise paragraph (a);
    c. Revise the first sentence of paragraph (b); and
    d. Revise the introductory text of paragraph (c) to read as 
follows:


Sec. 115.605  Drydock examination, internal structural examination, and 
underwater survey intervals.

    (a) The owner or managing operator shall make a vessel available 
for drydock examinations, internal structural examinations, and 
underwater surveys required by this section.
    (b) If your vessel is operated on international voyages subject to 
SOLAS requirements, it must undergo a drydock examination once every 12 
months unless it has been approved to undergo an underwater survey per 
Sec. 115.615. * * *
    (c) If your vessel is operated on other than international voyages 
and does not meet the conditions in paragraph (d) of this section, it 
must undergo a drydock and internal structural examination as follows 
unless it has been approved to undergo an underwater survey per 
Sec. 115.615:
* * * * *


Sec. 115.610  [Amended]

    92. In Sec. 115.610, remove ``Sec. 115.600'' wherever it appears 
and add, in its place, ``Sec. 115.605''.


Secs. 115.612, 115.630, and 115.670  [Redesignated as Secs. 115.665, 
115.670, and 115.675]

    93. Redesignate Secs. 115.612, 115.630, and 115.670 as 
Secs. 115.665, 115.670, and 115.675, respectively.
    94. Add Sec. 115.615 to read as follows:


Sec. 115.615  Underwater Survey.

    (a) The OCMI, may approve an underwater survey instead of a drydock 
examination at alternating intervals if your vessel is--
    (1) Less than 15 years of age;
    (2) A steel or aluminum hulled vessel;
    (3) Fitted with an effective hull protection system; and
    (4) Described in Sec. 115.605 (b) or (c).
    (b) For vessels less than 15 years of age, you must submit an 
application for an underwater survey to the OCMI at least 90 days 
before your vessel's next required drydock examination. The application 
must include--
    (1) The procedure for carrying out the underwater survey;
    (2) The time and place of the underwater survey;
    (3) The method used to accurately determine the diver's or remotely 
operated vehicle's (ROV) location relative to the hull;
    (4) The means for examining all through-hull fittings and 
appurtenances;
    (5) The means for taking shaft bearing clearances;
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of survey; and
    (7) A description of the hull protection system.
    (c) If your vessel is 15 years old or older, the Commandant (G-
MOC), may approve an underwater survey instead of a drydock examination 
at alternating intervals. You must submit an application for an 
underwater survey to the OCMI at least 90 days before your vessel's 
next required drydock examination. You may be allowed this option if--
    (1) The vessel is qualified under paragraphs (a)(2) through (4) of 
this section;
    (2) Your application includes the information in paragraphs (b)(1) 
through (7) of this section; and
    (3) During the vessel's drydock examination, preceding the proposed 
underwater survey, a complete set of hull gaugings was taken and they 
indicated that the vessel was free from appreciable hull deterioration.
    (d) After this drydock examination, the Officer in Charge, Marine 
Inspection

[[Page 62042]]

submits a recommendation for future underwater surveys, the results of 
the hull gauging, and the results of the Coast Guards' drydock 
examination results to the Commandant (G-MOC) for review.
    95. Add Sec. 115.620 to read as follows:


Sec. 115.620  Description of the Alternate Hull Examination Program for 
certain passenger vessels.

    The Alternate Hull Examination (AHE) Program provides you with an 
alternative to drydock examination by allowing your vessel's hull to be 
examined while it remains afloat. This program has four steps: the 
application process, the preliminary examination, the pre-survey 
meeting, and the hull examination. Once you complete these steps, the 
Officer in Charge, Marine Inspection (OCMI) may recommend that the 
Commandant (G-MOC) extend the interval between your drydock examination 
dates (drydock extension). If divers are exclusively used for the 
underwater survey portion of the examination process, you may receive 
an extension of up to 30 months. If an underwater ROV is used, you may 
receive an extension of up to 60 months (5 years). At the end of this 
extension period, you may apply for additional drydock extensions under 
the AHE Program.
    96. Add Sec. 115.625 to read as follows:


Sec. 115.625  Eligibility requirements for the AHE Program for certain 
passenger vessels.

    (a) Your vessel may be eligible for the AHE Program if--
    (1) It is constructed of steel or aluminum;
    (2) It has an effective hull protection system;
    (3) It has operated exclusively in fresh water since its last 
drydock examination;
    (4) It operates in rivers or protected lakes; and
    (5) It operates exclusively in shallow water or within 0.5 nautical 
miles from shore.
    (b) In addition to the requirements in paragraph (a), the OCMI will 
evaluate the following information when determining your vessel's 
eligibility for the AHE Program:
    (1) The overall condition of the vessel, based on its inspection 
history.
    (2) The vessel's history of hull casualties and hull-related 
deficiencies.
    (3) The AHE Program application, as described in Sec. 115.630.
    97. Add Sec. 115.630 to read as follows:


Sec. 115.630  The AHE Program application.

    If your vessel meets the eligibility criteria in Sec. 115.625, you 
may apply to the AHE Program. You must submit an application at least 
90 days before the requested hull examination date to the OCMI who will 
oversee the survey. The application must include--
    (a) The proposed time and place for conducting the hull 
examination;
    (b) The name of the participating diving contractor or underwater 
remotely operated vehicle (ROV) company which must be accepted by the 
Commandant (G-MOC) under Sec. 115.650;
    (c) The name and qualifications of the third-party examiner, if 
applicable. This person must be familiar with the inspection procedures 
and his or her responsibilities under this program. The OCMI has the 
discretionary authority to accept or deny use of a particular third-
party examiner;
    (d) A signed statement from your vessel's master, chief engineer, 
or the person in charge describing the vessel's overall condition, 
level of maintenance, known or suspected damage, underwater body 
cleanliness, and the anticipated draft of the vessel at the time of the 
examination;
    (e) Plans or drawings that illustrate the external details of the 
hull below the sheer strake;
    (f) A detailed plan for conducting the hull examination in 
accordance with Secs. 115.645 and 115.650, which must address all 
safety concerns related to the removal of sea valves during the 
inspection;
    (g) A preventative maintenance plan for your vessel's hull, its 
related systems and equipment; and
    (h) A plan for the annual hull condition assessment which must 
include, at a minimum--
    (1) An evaluation of your vessel's underwater hull including all 
through-hull fittings and appurtenances; and
    (2) The ultrasonic test results of the vessel's hull, focused on 
areas that may be at high risk due to corrosion.
    98. Add Sec. 115.635 to read as follows:


Sec. 115.635  Preliminary examination requirements.

    (a) If you use divers to examine the underwater hull plating, you 
must arrange to have a preliminary examination conducted by a third-
party examiner, with the assistance of qualified divers. The purpose of 
the preliminary examination is to assess the overall condition of the 
vessel's hull and identify any specific concerns to be addressed during 
the underwater hull examination.
    (b) If you use an underwater ROV to examine your vessel's hull 
plating, a preliminary examination and the participation of a third-
party examiner will not be necessary.
    99. Add Sec. 115.640 to read as follows:


Sec. 115.640  Pre-Survey meeting.

    (a) You must conduct a pre-survey meeting to discuss the details of 
the AHE procedure with the OCMI. If you use divers to examine the 
underwater hull plating, the third-party examiner must attend the 
meeting and you must present the results of the preliminary 
examination. If you use an underwater ROV to examine the vessel's hull 
plating, then the ROV operator must attend the pre-survey meeting and 
address the underwater ROV's capabilities and limitations related to 
your vessel's hull design and configuration.
    (b) A vessel owner or operator must request this meeting in writing 
at least 30 days in advance of the proposed examination date.
    100. Add Sec. 115.645 to read as follows:


Sec. 115.645  AHE Procedure.

    (a) To complete the underwater survey you must--
    (1) Perform a general examination of the underwater hull plating 
and a detailed examination of all hull welds, propellers, tailshafts, 
rudders, and other hull appurtenances;
    (2) Measure rudder and tailshaft bearing clearances and examine all 
sea chests;
    (3) Remove and inspect all sea valves in the presence of a marine 
inspector;
    (4) Remove all passengers from the vessel when the sea valves are 
being examined, if required by the OCMI;
    (5) Allow access to all internal areas of the hull for examination; 
and
    (6) Meet the requirements in Sec. 115.650.
    (b) A marine inspector may examine any other areas deemed necessary 
by the OCMI.
    (c) The OCMI may require you to drydock the vessel or otherwise 
take it out of service if the AHE uncovers potential problems to 
further assess the extent of the damage and to effect permanent 
repairs.
    101. Add Sec. 115.650 to read as follows:


Sec. 115.650  AHE Program options: Divers or underwater ROV.

    To complete your underwater survey, you may use divers or an 
underwater ROV.
    (a) If you use divers to conduct the underwater survey, you must--
    (1) Locate the vessel so the divers can work safely under the 
vessel's keel and around both sides. The water velocity must be safe 
for dive operations;
    (2) Provide permanent hull markings or a temporary underwater grid 
system to identify the diver's location with

[[Page 62043]]

respect to the hull, within one foot of accuracy;
    (3) Take ultrasonic thickness gaugings at a minimum of 5 points on 
each plate, evenly spaced;
    (4) Take a representative number of plating thickness gaugings 
along transverse sections at the bow, stern, midship, and 
longitudinally along the wind and water strake. The divers must space 
such gaugings at a minimum of 3 feet apart;
    (5) Ensure the third-party examiner observes the entire underwater 
examination process;
    (6) Record the entire underwater survey with audio and video 
recording equipment and ensure that communications between divers and 
the third-party examiner are recorded; and (7) Use appropriate 
equipment, such as a clear box, if underwater visibility is poor, to 
provide the camera with a clear view of the hull.
    (b) You may use an underwater ROV to conduct the underwater survey. 
The underwater ROV operator, survey process and equipment, quality 
assurance methods, and the content and format of the survey report must 
be accepted by the Commandant (G-MOC). If you choose this option, you 
must--
    (1) Locate the vessel to ensure that the underwater ROV can operate 
effectively under the vessel's keel and around both sides; and
    (2) Employ divers to examine any sections of the hull and 
appurtenances that the underwater ROV cannot access or is otherwise 
unable to evaluate.
    102. Add Sec. 115.655 to read as follows:


Sec. 115.655  Hull examination reports.

    (a) If you use divers for the examination of the hull plating, you 
must provide the OCMI with a written hull examination report. This 
report must include thickness gauging results, bearing clearances, a 
copy of the audio and video recordings and any other information that 
will help the OCMI evaluate your vessel for a drydock extension. The 
third-party examiner must sign the report and confirm the validity of 
its contents.
    (b) If you use an underwater ROV for the examination of the hull 
plating, you must provide the OCMI with a report in a format that is 
acceptable to the Commandant (G-MOC), per Sec. 115.650(b).
    (c) The Officer in Charge, Marine Inspection will evaluate the hull 
examination report and will submit it along with his or her 
recommendations to the Commandant (G-MOC) for review. If approved and 
you use divers to examine the hull plating, you will receive a drydock 
extension of up to 30 months. If approved and you use an underwater ROV 
to examine the hull plating, you will receive a drydock extension of up 
to 60 months (5 years).
    103. Add Sec. 115.660 to read as follows:


Sec. 115.660  Continued participation in the AHE Program.

    To continue to participate in the AHE Program, you must conduct 
your annual hull condition assessment and submit your hull condition 
assessment and preventive maintenance reports or checklists on an 
annual basis to the Officer in Charge, Marine Inspection. These reports 
or checklists must conform to the plans that you submitted in your 
application under Sec. 115.630, which the OCMI approved.


Sec. 115.665  [Amended]

    104. In newly redesignated Sec. 115.665, in paragraph (a), remove 
``Sec. 115.600'' and add, in its place, ``Sec. 115.605''; and in 
paragraph (c), remove the words ``a drydock examination or internal 
structural examination'' and add, in their place, the words ``a drydock 
examination, internal structural examination, an underwater survey,''.


Sec. 115.675  [Amended]

    105. In newly redesignated Sec. 115.675, remove ``Sec. 115.600'' 
and add, in its place, ``Sec. 115.605''.


Sec. 115.812  [Amended]

    106. Sec. 115.812(a), remove the words ``; except that, they must 
be inspected once every 3 years instead of at the intervals in 
Sec. 61.10-5(a), (b), and (d) of this chapter''.

PART 125--GENERAL

    107. The authority citation for part 125 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 49 
CFR 1.46.


Sec. 125.160  [Amended]

    108. In Sec. 125.160, add, in alphabetical order, the definition of 
``anniversary date'' to read as follows:


Sec. 125.160  Definitions.

* * * * *
    Anniversary date means the day and the month of each year, which 
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *

PART 126--INSPECTION AND CERTIFICATION

    109. Revise the authority citation for part 126 to read as follows:

    Authority: 46 U.S.C. 3205, 3306, 3307; 33 U.S.C. 1321 (j); E.O. 
11735, 38 FR 21243, 3 CFR 1971-1975 Comp., p. 793; 49 CFR 1.46.


Sec. 126.250  [Amended]

    110. In Sec. 126.250, in the section heading, immediately following 
the word ``validity'' add the words ``for a Certificate of 
Inspection''; and in paragraph (a), remove the number ``2'' and add, in 
its place, the number ``5''.
    111. Revise Sec. 126.420 to read as follows:


Sec. 126.420  Application for Certificate of Inspection.

    You must submit a written application for an inspection for 
certification to the cognizant OCMI. To renew a Certificate of 
Inspection, you must submit an application at least 30 days before the 
expiration of the tank vessel's current certificate. You must use Form 
CG-3752, Application for Inspection of U.S. Vessel, and submit it to 
the OCMI at, or nearest to, the port where the vessel is located. When 
renewing a Certificate of Inspection, you must schedule an inspection 
for certification within 3 months before the expiration date of the 
current Certificate of Inspection.
    112.-115. Revise subpart E to read as follows:

Subpart E--Annual, Periodic, and Alternative Annual Inspections

Sec.
126.510 Annual and periodic inspections.
126.520 Certificate of Inspection: Conditions of validity.
126.530 Alternative annual inspection for offshore supply vessels 
less than 400 gross tons in foreign ports.

Subpart E--Annual, Periodic, and Alternative Annual Inspections


Sec. 126.510  Annual and periodic inspections.

    (a) Annual inspection. Your vessel must undergo an annual 
inspection within 3 months before or after each anniversary date, 
except as required in paragraph (b) of this section.
    (1) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (2) The scope of the annual inspection is the same as the 
inspection for certification as specified in Sec. 126.430, but in less 
detail unless the cognizant marine inspector finds deficiencies or 
determines that a major change has occurred since the last inspection. 
If deficiencies are found or a major change to the vessel has occurred, 
the marine inspector will conduct an inspection more detailed in scope 
to ensure that the vessel is in satisfactory condition and fit for the 
service for which it is intended. If your vessel passes the

[[Page 62044]]

annual inspection, the marine inspector will endorse your current 
Certificate of Inspection.
    (3) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from making 
such tests or inspections he or she deems necessary to be assured of 
the vessel's seaworthiness.
    (b) Periodic inspection. Your vessel must undergo a periodic 
inspection within 3 months before or after the second or third 
anniversary of the date of your vessel's Certificate of Inspection. 
This periodic inspection will take the place of an annual inspection.
    (1) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (2) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 126.430. The 
OCMI will insure that the vessel is in satisfactory condition and fit 
for the service for which it is intended. If your vessel passes the 
periodic inspection, the marine inspector will endorse your current 
Certificate of Inspection.
    (3) If the periodic inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the OCMI.
    (4) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.


Sec. 126.520  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Sec. 126.510 (a) and (b) and your Certificate of Inspection must be 
endorsed.


Sec. 126.530  Alternative annual inspection for offshore supply vessels 
less than 400 gross tons in foreign ports.

    (a) The owner, master or operator of an OSV of less than 400 gross 
tons may request authorization to conduct an alternative annual 
inspection in place of the annual inspection described in 
Sec. 126.510(a) of this subpart. The request must go to the cognizant 
OCMI assigned responsibility for inspections in the country in which 
the vessel is operating and will be examined. To qualify for the 
alternative annual examination, the vessel must meet the following 
requirements:
    (1) The request must be in writing and be received by the OCMI not 
later than the anniversary date.
    (2) The vessel is likely to be continuously employed outside of the 
United States during the 3 months before and after each anniversary 
date.
    (b) In determining whether to authorize the alternative annual 
inspection, the OCMI considers the following:
    (1) Information contained in previous examination reports on 
inspection and drydock, including the recommendation of the then 
cognizant OCMI for participation in the alternative midperiod program 
and alternative annual examination.
    (2) The nature, number, and severity of marine casualties or 
accidents, as defined in Sec. 4.03-1 of this chapter, involving the 
vessel in the 3 years preceding the request.
    (3) The nature, number, and gravity of any outstanding inspection 
requirements for the vessel.
    (4) The owner's or operator's history of compliance and cooperation 
in such alternative midperiod examinations and annual inspections, 
including:
    (i) The prompt correction of deficiencies.
    (ii) The reliability of previously submitted reports on such 
alternative midperiod examinations and annual inspections.
    (iii) The reliability of representations that the vessel would be, 
and was, employed outside of the United States during the 3 months 
before and after each anniversary date.
    (c) This OCMI provides the applicant with written authorization, if 
any, to proceed with the alternative annual inspection, including, when 
appropriate, special instructions.
    (d) The following conditions must be met for the alternative annual 
inspection to be accepted instead of the annual inspection required by 
Sec. 126.510 of this subpart:
    (1) The alternative annual inspection must occur within the 3 
months before or after each anniversary date.
    (2) The alternative annual inspection must be of the scope detailed 
by Sec. 126.510(a) of this subchapter and must be conducted by the 
master, owner or operator of the vessel, or by a designated 
representative of the owner or operator.
    (3) Upon completion of the alternative annual inspection, the 
person or persons making the examination must prepare a comprehensive 
report describing the conditions found. This report must contain 
sufficient detail to let the OCMI determine whether the vessel is fit 
for the service and route specified on the Certificate of Inspection. 
This report must include all reports and receipts documenting the 
servicing of lifesaving equipment and any photographs or sketches 
necessary to clarify unusual circumstances. Each person preparing this 
report must sign it and certify that the information contained therein 
is complete and accurate.
    (4) Unless the master of the vessel participated in the alternative 
annual inspection and the preparation of the comprehensive report, the 
master will review the report for completeness and accuracy. The master 
must sign the report to indicate his or her review and validation and 
must forward it to the owner or operator of the vessel.
    (5) The owner or operator of a vessel examined under this section 
must review and submit the comprehensive report, required by paragraph 
(d)(3) of this section, to the OCMI. The report must reach the OCMI 
before the first day of the fifth month following the anniversary date. 
The forwarding letter or endorsement must be certified to be true and 
must contain the following information:
    (i) That the person or persons who made the alternative annual 
inspection acted on behalf of the vessel's owner or operator.
    (ii) That the report was reviewed by the owner or operator.
    (iii) That the discrepancies noted during the reinspection have 
been corrected, or will be within a stated time.
    (iv) That the owner or operator has sufficient personal knowledge 
of conditions aboard the vessel at the time of the reinspection, or has 
conducted inquires necessary to justify forming a belief that the 
report is complete and accurate.
    (e) The form of certification required under this section, for the 
alternative annual inspection, is as follows:

    I certify that to the best of my knowledge and belief the 
information contained in the report is complete and accurate.

    (f) Deficiencies and hazards discovered during the alternative 
annual inspection conducted pursuant to this section must be corrected 
or eliminated, if practical, before the examination report is submitted 
to the OCMI in accordance with paragraph (d)(5) of this section. 
Deficiencies and hazards that are not corrected or eliminated by the 
time the examination report is submitted must be listed in the report 
as ``outstanding.'' Upon receipt of an examination report indicating 
outstanding deficiencies or hazards, the

[[Page 62045]]

OCMI must inform the owner or operator in writing of the time period 
within which to correct or eliminate the deficiencies or hazards and 
the method for establishing that the corrections have been 
accomplished. Where a deficiency or hazard remains uncorrected or 
uneliminated after the expiration of the time specified for correction 
or elimination, the Officer in Charge, Marine Inspection must initiate 
appropriate enforcement measures.
    (g) Upon receipt of the report, the OCMI will evaluate it and 
determine the following:
    (1) Whether the cognizant OCMI accepts the alternative annual 
inspection instead of the annual inspection required by Sec. 126.510(a) 
of this subpart.
    (2) Whether the vessel is in satisfactory condition.
    (3) Whether the vessel continues to be reasonably fit for its 
intended service and route.
    (h) The OCMI may require further information necessary for the 
determinations required by this section. The OCMI will inform the owner 
or operator in writing of these determinations.
    (i) If the OCMI, in compliance with paragraph (g) of this section, 
does not accept the alternative annual inspection instead of the annual 
inspection required by Sec. 126.510(a) of this subpart, he or she will 
require reinspection of the vessel as soon as practicable. He or she 
will inform the vessel owner or operator in writing that the 
alternative examination is not acceptable and that a reinspection is 
necessary. The owner, master, or operator must make the vessel 
available for the reinspection at a time and place agreeable to this 
OCMI.
    (j) If the OCMI determines, in accordance with paragraph (g) of 
this section, that the alternative annual inspection is accepted in 
lieu of the annual inspection required by Sec. 126.510(a) of this 
subpart, the master must complete the applicable COI endorsement.

PART 132--FIRE-PROTECTION EQUIPMENT

    116. Revise the authority citation for part 132 to read as follows:

    Authority: 46 U.S.C. 3306, 3307; 449 CFR 1.46.


Sec. 132.350  [Amended]

    117. In Sec. 132.350(a)(2), after the words ``inspection for 
certification'' add the words ``and periodic inspection''.

PART 133--LIFESAVING SYSTEMS

    118. Revise the authority citation for part 133 to read as follows:

    Authority: 46 U.S.C. 3306, 3307; 449 CFR 1.46.


Sec. 133.45  [Amended]

    119. In Sec. 133.45(b), after the words ``inspection for renewal of 
certification'' add the words ``and periodic inspection''.

PART 134--ADDED PROVISIONS FOR LIFTBOATS

    120. Revise the authority citation for part 134 to read as follows:

    Authority: 46 U.S.C. 3306, 3307; 49 CFR 1.46.


Sec. 134.120  [Amended]

    121. In Sec. 134.120, after the words ``inspection for 
certification'' add the words ``and periodic inspection''.

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

    122. Revise the authority citation for part 167 to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    123. In Sec. 167.15-20, designate existing text as paragraph (a) 
and add paragraph (b) to read as follows:


Sec. 167.15-20  Inspections of nautical school ships.

* * * * *
    (b) To renew a Certificate of Inspection, you must submit an 
application at least 30 days before the expiration of the vessel's 
current certificate.
    124. Add Sec. 167.15-27(c) to read as follows:


Sec. 167.15-27  Definitions relating to hull examinations.

* * * * *
    (c) Underwater survey means the examination of the vessel's 
underwater hull including all through-hull fittings and appurtenances, 
while the vessel is afloat.
    125. In Sec. 167.15-30, revise the section heading and paragraphs 
(a) (1) and (2) to read as follows:


Sec. 167.15-30  Drydock examination, internal structural examination, 
and underwater survey intervals.

    (a) * * *
    (1) If your vessel operates in saltwater, it must undergo two 
drydock examinations and two internal structural examinations within 
any 5-year period unless it has been approved to undergo an underwater 
survey under Sec. 167.15-33. No more than 3 years may elapse between 
any two examinations.
    (2) If your vessel operates in fresh water at least 6 months of the 
12-month period since your last drydocking, it must undergo a dry dock 
and internal structural examination at intervals not to exceed 5 years 
unless it has been approved to undergo an underwater survey under 
Sec. 167.15-33.
* * * * *
    126. Add Sec. 167.15-33 to read as follows:


Sec. 167.15-33  Underwater survey.

    (a) The OCMI, may approve an underwater survey instead of a drydock 
examination at alternating intervals if your vessel is--
    (1) Less than 15 years of age;
    (2) A steel or aluminum hulled vessel;
    (3) Fitted with an effective hull protection system; and
    (4) Described in Sec. 167.15-30(a)(1) or (2).
    (b) For vessels less than 15 years of age, you must submit an 
application for an underwater survey to the OCMI at least 90 days 
before your vessel's next required drydock examination. The application 
must include--
    (1) The procedure for carrying out the underwater survey;
    (2) The time and place of the underwater survey;
    (3) The method used to accurately determine the diver's or remotely 
operated vehicle's (ROV) location relative to the hull;
    (4) The means for examining all through-hull fittings and 
appurtenances;
    (5) The means for taking shaft bearing clearances;
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of survey; and
    (7) A description of the hull protection system.
    (c) If your vessel is 15 years old or older, the Commandant (G-
MOC), may approve an underwater survey instead of a drydock examination 
at alternating intervals. You must submit an application for an 
underwater survey to the OCMI at least 90 days before your vessel's 
next required drydock examination. You may be allowed this option if--
    (1) The vessel is qualified under paragraphs (a) (2) through (4) of 
this section;
    (2) Your application includes the information in paragraphs (b) (1) 
through (7) of this section; and
    (3) During the vessel's drydock examination, preceding the proposed 
underwater survey, a complete set of hull gaugings was taken and they 
indicated that the vessel was free from appreciable hull deterioration.

[[Page 62046]]

    (d) After this drydock examination, the Officer in Charge, Marine 
Inspection submits a recommendation for future underwater surveys, the 
results of the hull gauging, and the results of the Coast Guards' 
drydock examination results to the Commandant (G-MOC) for review.


Sec. 167.15-35  [Amended]

    127. In Sec. 167.15-35, in paragraph(b), remove the words ``a 
drydock examination or internal structural examination'' and add, in 
their place, the words ``a drydock examination, internal structural 
examination, underwater survey,''; and, in paragraph (c), remove the 
words ``a drydock examination or internal structural examination'' and 
add, in their place, the words ``a drydock examination, internal 
structural examination, underwater survey,''.

PART 169--SAILING SCHOOL VESSELS

    128. Revise the authority citation for part 169 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3307, 6101; E.O. 
11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 
1.46; Sec. 169.117 also issued under the authority of 44 U.S.C. 
3507.

    129. In Sec. 169.107, redesignate paragraphs (a) through (y) as 
paragraphs (b) through (z), respectively, and add new paragraph (a) to 
read as follows:


Sec. 169.107  Definitions.

    (a) Anniversary date means the day and the month of each year, 
which corresponds to the date of expiration of the Certificate of 
Inspection.
* * * * *
    130. In Sec. 169.205, revise section heading and paragraph (d) to 
read as follows:


Sec. 169.205  Obtaining or renewing a Certificate of Inspection.

* * * * *
    (d) You must submit a written application for an inspection for 
certification to the cognizant Officer in Charge, Marine Inspection. To 
renew a Certificate of Inspection, you must submit an application at 
least 30 days before the expiration of the vessel's current 
certificate. Applications are available at any U.S. Coast Guard Marine 
Safety Office or Marine Inspection Office. When renewing a Certificate 
of Inspection, you must schedule an inspection for certification within 
3 months before the expiration date of the current Certificate of 
Inspection.
* * * * *
    131. In Sec. 169.207, revise section heading and paragraph (a) to 
read as follows:


Sec. 169.207  Period of validity for a Certificate of Inspection.

    (a) A Certificate of Inspection is valid for 5 years.
* * * * *
    132. Revise Sec. 169.225 to read as follows:


Sec. 169.225  Annual inspection.

    (a) Your vessel must undergo an annual inspection within 3 months 
before or after each anniversary date, except as specified in 
Sec. 169.226.
    (b) You must contact the cognizant Officer in Charge, Marine 
Inspection to schedule an inspection at a time and place which he or 
she approves. No written application is required.
    (c) The scope of the annual inspection is the same as the 
inspection for certification as specified in Sec. 169.222 but in less 
detail unless the cognizant marine inspector finds deficiencies or 
determines that a major change has occurred since the last inspection. 
If deficiencies are found or a major change to the vessel has occurred, 
the marine inspector will conduct an inspection more detailed in scope 
to ensure that the vessel is in satisfactory condition and fit for the 
service for which it is intended. If your vessel passes the annual 
inspection, the marine inspector will endorse your current Certificate 
of Inspection.
    (d) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the Officer in Charge, Marine Inspection.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    133. Add Sec. 169.226 to read as follows:


Sec. 169.226  Periodic inspection.

    (a) Your vessel must undergo a periodic inspection within 3 months 
before or after the second or third anniversary of the date of your 
vessel's Certificate of Inspection. This periodic inspection will take 
the place of an annual inspection.
    (b) You must contact the cognizant Officer in Charge, Marine 
Inspection to schedule an inspection at a time and place which he or 
she approves. No written application is required.
    (c) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 169.222. The 
Officer in Charge, Marine Inspection will insure that the vessel is in 
satisfactory condition and fit for the service for which it is 
intended. If your vessel passes the periodic inspection, the marine 
inspector will endorse your current Certificate of Inspection.
    (d) If the periodic inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the Officer in Charge, Marine 
Inspection.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    134. Revise Sec. 169.227 to read as follows:


Sec. 169.227  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Secs. 169.225 and 169.226 respectively and your Certificate of 
Inspection must be endorsed.
    135. In Sec. 169.229, revise the section heading and paragraphs 
(a)(1) and (2) to read as follows:


Sec. 169.229  Drydock examination, internal structural examination, and 
underwater survey intervals.

    (a) * * *
    (1) If your vessel operates in saltwater, it must undergo two 
drydock examinations and two internal structural examinations within 
any 5-year period unless it has been approved to undergo an underwater 
survey under Sec. 167.15-33. No more than 3 years may elapse between 
any two examinations.
    (2) If your vessel operates in fresh water at least 6 months of the 
12-month period since your last drydocking, it must undergo a dry dock 
and internal structural examination at intervals not to exceed 5 years 
unless it has been approved to undergo an underwater survey under 
Sec. 167.15-33.
* * * * *
    136. Add Sec. 169.230 to read as follows:


Sec. 169.230  Underwater survey.

    (a) The Officer in Charge, Marine Inspection, on a case-by-case 
basis, may approve an underwater survey instead of a drydock 
examination at alternating intervals if your vessel is--
    (1) A steel or aluminum hulled vessel;
    (2) Less than 15 years of age;
    (3) Fitted with an effective hull protection system; and
    (4) Listed in Sec. 169.229(a)(1) or (2).
    (b) For vessels less than 15 years of age, you must submit an 
application for

[[Page 62047]]

an underwater survey to the Officer in Charge, Marine Inspection at 
least 90 days before your vessel's next required drydock examination. 
The application must include--
    (1) The procedure for carrying out the underwater survey;
    (2) The time and place of the underwater survey;
    (3) The method used to accurately determine the diver's or remotely 
operated vehicle's (ROV) location relative to the hull;
    (4) The means for examining all through-hull fittings and 
appurtenances;
    (5) The means for taking shaft bearing clearances;
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of survey; and
    (7) A description of the hull protection system.
    (c) If your vessel is 15 years old or older, the Commandant (G-
MOC), on a case-by-case basis, may approve an underwater survey instead 
of a drydock examination at alternating intervals. You must submit an 
application for an underwater survey to the Officer in Charge, Marine 
Inspection at least 90 days before your vessel's next required drydock 
examination. You may be allowed this option if--
    (1) The vessel is qualified under paragraphs (a)(2) through (4) of 
this section;
    (2) Your application includes the information in paragraphs (b)(1) 
through (7) of this section; and
    (3) During the vessel's drydock examination, preceding the proposed 
underwater survey, a complete set of hull gaugings was taken and they 
indicated that the vessel was free from appreciable hull deterioration.
    (d) After this drydock examination, the Officer in Charge, Marine 
Inspection submits a recommendation for future underwater surveys, the 
results of the hull gauging, and the results of the Coast Guards' 
drydock examination results to the Commandant (G-MOC) for review.
    137. Add Sec. 169.231(c) to read as follows:


Sec. 169.231  Definitions relating to hull examinations.

* * * * *
    (c) Underwater survey means the examination of the vessel's 
underwater hull including all through-hull fittings and appurtenances, 
while the vessel is afloat.


Sec. 169.233  [Amended]

    138. In Sec. 169.233, in paragraph(b), remove the words ``a drydock 
examination or internal structural examination'' and add, in their 
place, the words ``a drydock examination, internal structural 
examination, underwater survey,''; and, in paragraph (c), remove the 
words ``a drydock examination or internal structural examination'' and 
add, in their place, the words ``a drydock examination, internal 
structural examination, underwater survey,''.


Sec. 169.239  [Amended]

    139. In Sec. 169.239, after the words ``inspection for 
certification'' add the words ``and periodic inspection''.
    140. Revise Sec. 169.241(a) introductory text to read as follows:


Sec. 169.241  Machinery.

    (a) At each inspection for certification and periodic inspection, 
the marine inspector will examine and test the following items to the 
extent necessary, to determine that they are in proper operating 
condition and fit for the service for which they are intended:
* * * * *
    141. Revise the introductory text in Sec. 169.243 to read as 
follows:


Sec. 169.243  Electrical.

    At each inspection for certification and periodic inspection, the 
marine inspector will examine and test the following items to the 
extent necessary, to determine that they are in proper operating 
condition, in safe electrical condition, and fit for the service for 
which they are intended:
* * * * *
    142. Revise the introductory text in Sec. 169.245 to read as 
follows:


Sec. 169.245  Lifesaving equipment.

    At each inspection for certification and periodic inspection the 
following tests and inspections of lifesaving equipment will be 
conducted:
* * * * *


Sec. 169.247  [Amended]

    143. In Sec. 169.247(a), after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 169.251  [Amended]

    144. In Sec. 169.251, after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 169.253  [Amended]

    145. In Sec. 169.253(a), after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 169.255  [Amended]

    146. In Sec. 169.255, after the words ``inspection for 
certification'' remove the words ``and reinspection'' and, in their 
place, add the words ``, periodic inspection, and annual inspection''.


Sec. 169.257  [Amended]

    147. In Sec. 169.257(a) and (b), after the words ``inspection for 
certification'' remove the word ``reinspection'' and, in its place, add 
the words ``periodic inspection, annual inspection,''.

PART 175--GENERAL PROVISIONS

    148. Revise the authority citation for part 175 to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3307, 3703; 49 U.S.C. 
App. 1804; 49 CFR 1.45, 1.46; 175.900 also issued under authority of 
44 U.S.C. 3507.

    149. In Sec. 175.400, add, in alphabetical order, the definition 
for ``anniversary date'' to read as follows:


Sec. 175.400  Definition of terms used in this subchapter.

* * * * *
    Anniversary date means the day and the month of each year, which 
corresponds to the date of expiration of the Certificate of Inspection.
* * * * *

PART 176--INSPECTION AND CERTIFICATION

    150. Revise the authority citation for part 176 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
49 CFR 1.46.

    151. Revise Sec. 176.107 to read as follows:


Sec. 176.107  Period of validity for a Certificate of Inspection.

    (a) A Certificate of Inspection is valid for 1 year for vessels 
carrying more than 12 passengers on international voyages.
    (b) A Certificate of Inspection is valid for 5 years for all other 
vessels.
    (c) A Certificate of Inspection may be suspended and withdrawn or 
revoked by the cognizant OCMI at any time for noncompliance with the 
requirements of this subchapter.
    152. In Sec. 176.404, redesignate the existing text as paragraph 
(a) and add paragraph (b) to read as follows:


Sec. 176.404  Subsequent inspections for certification.

* * * * *
    (b) You must submit your written application for renewal of a 
Certificate of Inspection to the OCMI at least 30 days prior to the 
expiration date of the Certificate of Inspection, as required in 
Sec. 176.105 of this part.
    153. Revise Sec. 176.500 to read as follows:

[[Page 62048]]

Sec. 176.500  When required.

    (a) Vessels carrying more than 12 passengers on international 
voyages must undergo an inspection for certification each year as 
specified in Sec. 176.404.
    (b) All other vessels must undergo an inspection for certification 
as specified in Sec. 176.404 undergo an annual inspection as specified 
in paragraph (b)(1) of this section.
    (1) Annual inspection. Your vessel must undergo an annual 
inspection within the 3 months before or after each anniversary date.
    (i) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (ii) The scope of the annual inspection is the same as the 
inspection for certification but in less detail unless the cognizant 
marine inspector finds deficiencies or determines that a major change 
has occurred since the last inspection. If deficiencies are found or a 
major change to the vessel has occurred, the marine inspector will 
conduct an inspection more detailed in scope to ensure that the vessel 
is in satisfactory condition and fit for the service for which it is 
intended. If your vessel passes the annual inspection, the marine 
inspector will endorse your current Certificate of Inspection.
    (iii) If the annual inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the OCMI.
    (iv) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.
    (2) [Reserved]
    154. Revise Sec. 176.502 to read as follows:


Sec. 176.502  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual inspection within the periods specified in 
Sec. 176.500(b)(1) and your Certificate of Inspection must be endorsed.


Sec. 176.600  [Redesignated as Sec. 176.605]

    155. Redesignate Sec. 176.600 as Sec. 176.605 and add new 
Sec. 176.600 to read as follows:


Sec. 176.600  Definitions relating to hull examinations.

    As used in this part--
    Drydock examination means hauling out a vessel or placing a vessel 
in a drydock or slipway for an examination of all accessible parts of 
the vessel's underwater body and all through-hull fittings and 
appurtenances.
    Internal structural examination means an examination of the vessel 
while afloat or in drydock and consists of a complete examination of 
the vessel's main strength members, including the major internal 
framing, the hull plating, voids, and ballast tanks, but not including 
cargo or fuel oil tanks.
    Underwater survey means the examination of the vessel's underwater 
hull including all through-hull fittings and appurtenances, while the 
vessel is afloat.
    156. In newly redesignated Sec. 176.605--
    a. Revise the section heading;
    b. Revise paragraph (a);
    c. Revise the first sentence of paragraph (b); and
    d. Revise the introductory text of paragraph (c) to read as 
follows:


Sec. 176.605  Drydock examination, internal structural examination, and 
underwater survey intervals.

    (a) The owner or managing operator shall make a vessel available 
for drydock examinations, internal structural examinations, and 
underwater surveys required by this section.
    (b) If your vessel is operated on international voyages subject to 
SOLAS requirements, it must undergo a drydock examination once every 12 
months unless it has been approved to undergo an underwater survey per 
Sec. 176.615. * * *
    (c) If your vessel is not operated on international voyages and 
does not meet the conditions in paragraph (d) of this section, it must 
undergo a drydock and internal structural examination as follows unless 
it has been approved to undergo an underwater survey per Sec. 176.615:
* * * * *


Sec. 176.610  [Amended]

    157. In Sec. 176.610, remove ``Sec. 176.600'' wherever it appears 
and add, in its place, ``Sec. 176.605''.


Secs. 176.612, 176.630, and 176.670  [Redesignated as Secs. 176.665, 
176.670, and 176.675]

    158. Redesignate Secs. 176.612, 176.630, and 176.670 as 
Secs. 176.665, 176.670, and 176.675, respectively.
    159. Add Sec. 176.615 to read as follows:


Sec. 176.615  Underwater Survey.

    (a) The OCMI, may approve an underwater survey instead of a drydock 
examination at alternating intervals if your vessel is--
    (1) Less than 15 years of age;
    (2) A steel or aluminum hulled vessel;
    (3) Fitted with an effective hull protection system; and
    (4) Described in Sec. 176.605 (b) or (c).
    (b) For vessels less than 15 years of age, you must submit an 
application for an underwater survey to the OCMI at least 90 days 
before your vessel's next required drydock examination. The application 
must include--
    (1) The procedure for carrying out the underwater survey;
    (2) The time and place of the underwater survey;
    (3) The method used to accurately determine the diver's or remotely 
operated vehicle's (ROV) location relative to the hull;
    (4) The means for examining all through-hull fittings and 
appurtenances;
    (5) The means for taking shaft bearing clearances;
    (6) The condition of the vessel, including the anticipated draft of 
the vessel at the time of survey; and
    (7) A description of the hull protection system.
    (c) If your vessel is 15 years old or older, the Commandant (G-
MOC), may approve an underwater survey instead of a drydock examination 
at alternating intervals. You must submit an application for an 
underwater survey to the OCMI at least 90 days before your vessel's 
next required drydock examination. You may be allowed this option if--
    (1) The vessel is qualified under paragraphs (a)(2) through (4) of 
this section;
    (2) Your application includes the information in paragraphs (b) (1) 
through (7) of this section; and
    (3) During the vessel's drydock examination, preceding the proposed 
underwater survey, a complete set of hull gaugings was taken and they 
indicated that the vessel was free from appreciable hull deterioration.
    (d) After this drydock examination, the Officer in Charge, Marine 
Inspection submits a recommendation for future underwater surveys, the 
results of the hull gauging, and the results of the Coast Guards' 
drydock examination results to the Commandant (G-MOC) for review.
    160. Add Sec. 176.620 to read as follows:


Sec. 176.620  Description of the Alternate Hull Examination Program for 
certain passenger vessels.

    The Alternate Hull Examination (AHE) Program provides you with an 
alternative to drydock examination by allowing your vessel's hull to be

[[Page 62049]]

examined while it remains afloat. This program has four steps: the 
application process, the preliminary examination, the pre-survey 
meeting, and the hull examination. Once you complete these steps, the 
OCMI may recommend that the Commandant (G-MOC) extend the interval 
between your drydock examination dates (drydock extension). If divers 
are exclusively used for the underwater survey portion of the 
examination process, you may receive an extension of up to 30 months. 
If an underwater ROV is used, you may receive an extension of up to 60 
months (5 years). At the end of this extension period, you may apply 
for additional drydock extensions under the AHE Program.
    161. Add Sec. 176.625 to read as follows:


Sec. 176.625  Eligibility requirements for the AHE Program for certain 
passenger vessels.

    (a) Your vessel may be eligible for the AHE Program if--
    (1) It is constructed of steel or aluminum;
    (2) It has an effective hull protection system;
    (3) It has operated exclusively in fresh water since its last 
drydock examination;
    (4) It operates in rivers or protected lakes; and
    (5) It operates exclusively in shallow water or within 0.5 nautical 
miles from shore.
    (b) In addition to the requirements in paragraph (a), the OCMI will 
evaluate the following information when determining your vessel's 
eligibility for the AHE Program:
    (1) The overall condition of the vessel, based on its inspection 
history.
    (2) The vessel's history of hull casualties and hull-related 
deficiencies.
    (3) The AHE Program application, as described in Sec. 176.630.
    162. Add Sec. 176.630 to read as follows:


Sec. 176.630  The AHE Program application.

    If your vessel meets the eligibility criteria in Sec. 176.625, you 
may apply to the AHE Program. You must submit an application at least 
90 days before the requested hull examination date to the OCMI who will 
oversee the survey. The application must include--
    (a) The proposed time and place for conducting the hull 
examination;
    (b) The name of the participating diving contractor or underwater 
ROV company which must be accepted by the Commandant (G-MOC) under 
Sec. 176.650;
    (c) The name and qualifications of the third-party examiner, if 
applicable. This person must be familiar with the inspection procedures 
and his or her responsibilities under this program. The OCMI has the 
discretionary authority to accept or deny use of a particular third-
party examiner;
    (d) A signed statement from your vessel's master, chief engineer, 
or the person in charge describing the vessel's overall condition, 
level of maintenance, known or suspected damage, underwater body 
cleanliness, and the anticipated draft of the vessel at the time of the 
examination;
    (e) Plans or drawings that illustrate the external details of the 
hull below the sheer strake;
    (f) A detailed plan for conducting the hull examination in 
accordance with Secs. 176.645 and 176.650, which must address all 
safety concerns related to the removal of sea valves during the 
inspection;
    (g) A preventative maintenance plan for your vessel's hull, its 
related systems and equipment; and
    (h) A plan for the annual hull condition assessment which must 
include, at a minimum--
    (1) An evaluation of your vessel's underwater hull including all 
through-hull fittings and appurtenances; and
    (2) The ultrasonic test results of the vessel's hull, focused on 
areas that may be at high risk due to corrosion.
    163. Add Sec. 176.635 to read as follows:


Sec. 176.635  Preliminary examination requirements.

    (a) If you use divers to examine the underwater hull plating, you 
must arrange to have a preliminary examination conducted by a third-
party examiner, with the assistance of qualified divers. The purpose of 
the preliminary examination is to assess the overall condition of the 
vessel's hull and identify any specific concerns to be addressed during 
the underwater hull examination.
    (b) If you use an underwater ROV to examine your vessel's hull 
plating, a preliminary examination and the participation of a third-
party examiner will not be necessary.
    164. Add Sec. 176.640 to read as follows:


Sec. 176.640  Pre-Survey meeting.

    (a) You must conduct a pre-survey meeting to discuss the details of 
the AHE procedure with the OCMI. If you use divers to examine the 
underwater hull plating, the third-party examiner must attend the 
meeting and you must present the results of the preliminary 
examination. If you use an underwater ROV to examine the vessel's hull 
plating, then the ROV operator must attend the pre-survey meeting and 
address the underwater ROV's capabilities and limitations related to 
your vessel's hull design and configuration.
    (b) A vessel owner or operator must request this meeting in writing 
at least 30 days in advance of the proposed examination date.
    165. Add Sec. 176.645 to read as follows:


Sec. 176.645  AHE Procedure.

    (a) To complete the underwater survey you must--
    (1) Perform a general examination of the underwater hull plating 
and a detailed examination of all hull welds, propellers, tailshafts, 
rudders, and other hull appurtenances;
    (2) Measure rudder and tailshaft bearing clearances and examine all 
sea chests;
    (3) Remove and inspect all sea valves in the presence of a marine 
inspector;
    (4) Remove all passengers from the vessel when the sea valves are 
being examined, if required by the OCMI;
    (5) Allow access to all internal areas of the hull for examination; 
and
    (6) Meet the requirements in Sec. 176.650.
    (b) A marine inspector may examine any other areas deemed necessary 
by the OCMI.
    (c) The OCMI may require you to drydock the vessel or otherwise 
take it out of service if the AHE uncovers potential problems to 
further assess the extent of the damage and to effect permanent 
repairs.
    166. Add Sec. 176.650 to read as follows:


Sec. 176.650  AHE Program options: Divers or underwater ROV.

    To complete your underwater survey, you may use divers or an 
underwater ROV.
    (a) If you use divers to conduct the underwater survey, you must--
    (1) Locate the vessel so the divers can work safely under the 
vessel's keel and around both sides. The water velocity must be safe 
for dive operations;
    (2) Provide permanent hull markings or a temporary underwater grid 
system to identify the diver's location with respect to the hull, 
within one foot of accuracy;
    (3) Take ultrasonic thickness gaugings at a minimum of 5 points on 
each plate, evenly spaced;
    (4) Take a representative number of plating thickness gaugings 
along transverse sections at the bow, stern, midship, and 
longitudinally along the wind and water strake. The divers must space 
such gaugings at a minimum of 3 feet apart;
    (5) Ensure the third-party examiner observes the entire underwater 
examination process;

[[Page 62050]]

    (6) Record the entire underwater survey with audio and video 
recording equipment and ensure that communications between divers and 
the third-party examiner are recorded; and
    (7) Use appropriate equipment, such as a clear box, if underwater 
visibility is poor, to provide the camera with a clear view of the 
hull.
    (b) You may use an underwater ROV to conduct the underwater survey. 
The underwater ROV operator, survey process and equipment, quality 
assurance methods, and the content and format of the survey report must 
be accepted by the Commandant (G-MOC). If you choose this option, you 
must--
    (1) Locate the vessel to ensure that the underwater ROV can operate 
effectively under the vessel's keel and around both sides; and
    (2) Employ divers to examine any sections of the hull and 
appurtenances that the underwater ROV cannot access or is otherwise 
unable to evaluate.
    167. Add Sec. 176.655 to read as follows:


Sec. 176.655  Hull examination reports.

    (a) If you use divers for the examination of the hull plating, you 
must provide the OCMI with a written hull examination report. This 
report must include thickness gauging results, bearing clearances, a 
copy of the audio and video recordings and any other information that 
will help the OCMI evaluate your vessel for a drydock extension. The 
third-party examiner must sign the report and confirm the validity of 
its contents.
    (b) If you use an underwater ROV for the examination of the hull 
plating, you must provide the OCMI with a report in a format that is 
acceptable to the Commandant (G-MOC), per Sec. 176.650(b).
    (c) The OCMI will evaluate the hull examination report and will 
submit it along with his or her recommendations to the Commandant (G-
MOC) for review. If approved and you use divers to examine the hull 
plating, you will receive a drydock extension of up to 30 months. If 
approved and you use an underwater ROV to examine the hull plating, you 
will receive a drydock extension of up to 60 months (5 years).
    168. Add Sec. 176.660 to read as follows:


Sec. 176.660  Continued participation in the AHE Program.

    To continue to participate in the AHE Program, you must conduct 
your annual hull condition assessment and submit your hull condition 
assessment and preventive maintenance reports or checklists on an 
annual basis to the OCMI. These reports or checklists must conform to 
the plans that you submitted in your application under Sec. 176.630, 
which the OCMI approved.


Sec. 176.665  [Amended]

    169. In newly redesignated Sec. 176.665, in paragraph (a), remove 
``Sec. 176.600'' and add, in its place, ``Sec. 176.605''; and, in 
paragraph (c), remove the words ``a drydock examination or internal 
structural examination'' and add, in their place, the words ``a drydock 
examination, internal structural examination, an underwater survey,''.


Sec. 176.675  [Amended]

    170. In newly redesignatedSec. 176.675, remove ``Sec. 176.600'' and 
add, in its place, ``Sec. 176.605''.


Sec. 176.812  [Amended]

    171. Sec. 176.812, in paragraph (a), remove the words ``; except 
that, they must be inspected once every 3 years instead of at the 
intervals in Sec. 61.10-5(a), (b), and (d) of this chapter''; and, in 
paragraph (b), remove the number ``Sec. 61.10'' and add, in its place, 
the number ``Sec. 61.05''.

PART 188--GENERAL PROVISIONS

    172. Revise the authority citation for part 188 to read as follows:

    Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 5103, 
5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46.


Sec. 188.10  [Redesignated as Sec. 188.10-2]

    173. Redesignate Sec. 188.10-1 as Sec. 188.10-2 and add new 
Sec. 188.10-1 to read as follows:


Sec. 188.10-1  Anniversary date.

    The term anniversary date means the day and the month of each year, 
which corresponds to the date of expiration of the Certificate of 
Inspection.

PART 189--INSPECTION AND CERTIFICATION

    174. Revise the authority citation for part 189 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.


Sec. 189.01-10  [Amended]

    175. In Sec. 189.01-10--
    a. In the section heading, immediately following the word 
``validity'' add the words ``for a Certificate of Inspection'';
    b. In paragraph (a), remove the first sentence and add, in its 
place, the sentence ``A Certificate of Inspection is valid for 5 
years.''; and
    c. In paragraph (c)(2), remove the words ``in no case to exceed 2 
years'' and add, in their place, the words ``not to exceed 5 years''.
    176. Revise Sec. 189.25-5 to read as follows:


Sec. 189.25-5  Application for a Certificate of Inspection.

    You must submit a written application for an inspection for 
certification to the cognizant OCMI. To renew a Certificate of 
Inspection, you must submit an application at least 30 days before the 
expiration of the tank vessel's current certificate. You must use Form 
CG-3752, Application for Inspection of U.S. Vessel, and submit it to 
the OCMI at, or nearest to, the port where the vessel is located. When 
renewing a Certificate of Inspection, you must schedule an inspection 
for certification within 3 months before the expiration date of the 
current Certificate of Inspection.


Sec. 189.25-20  [Amended]

    177. In Sec. 189.25-20(a), in the first sentence, remove the words 
``inspection for certification and'' add, in their place, the words 
``inspection for certification, periodic inspection, and''; and, in the 
last sentence, immediately following the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 189.25-25  [Amended]

    178. In Sec. 189.25-25(a), after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 189.25-38  [Amended]

    179. In Sec. 189.25-38, after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 189.25-40  [Amended]

    180. In Sec. 189.25-40, after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 189.25-45  [Amended]

    181. In Sec. 189.25-45(a), after the words ``inspection for 
certification'' add the words ``and periodic inspection''.


Sec. 189.25-47  [Amended]

    182. In Sec. 189.25-47(a) and (b), after the words ``inspection for 
certification.'' add the words ``and periodic inspection.''.
    183.-187. Subpart 189.27 is revised to read as follows:

Subpart 189.27--Annual and Periodic Inspections

Sec. 189.27-1  Annual inspection.

Sec.
189.27-1  Annual inspection.
189.27-5  Periodic inspection.
189-27-10  Certificate of Inspection: Conditions of validity.

[[Page 62051]]

189.60-15  Cargo Ship Safety Radio Certificate.

Subpart 189.27--Annual and Periodic Inspections


Sec. 189.27-1  Annual inspection.

    (a) Your vessel must undergo an annual inspection within the 3 
months before or after each anniversary date, except as specified in 
Sec. 189.27-5.
    (b) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (c) The scope of the annual inspection is the same as the 
inspection for certification, as specified in Sec. 189.25-10, but in 
less detail unless the cognizant marine inspector finds deficiencies or 
determines that a major change has occurred since the last inspection. 
If deficiencies are found or a major change to the vessel has occurred, 
the marine inspector will conduct an inspection more detailed in scope 
to ensure that the vessel is in satisfactory condition and fit for the 
service for which it is intended. If your vessel passes the annual 
inspection, the marine inspector will endorse your current Certificate 
of Inspection.
    (d) If the annual inspection reveals deficiencies in your vessel's 
maintenance, you must make any or all repairs or improvements within 
the time period specified by the OCMI.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.


Sec. 189.27-5  Periodic inspection.

    (a) Your vessel must undergo a periodic inspection within 3 months 
before or after the second or third anniversary of the date of your 
vessel's Certificate of Inspection. This periodic inspection will take 
the place of an annual inspection.
    (b) You must contact the cognizant OCMI to schedule an inspection 
at a time and place which he or she approves. No written application is 
required.
    (c) The scope of the periodic inspection is the same as that for 
the inspection for certification, as specified in Sec. 189.25-10. The 
OCMI will insure that the vessel is in satisfactory condition and fit 
for the service for which it is intended. If your vessel passes the 
periodic inspection, the marine inspector will endorse your current 
Certificate of Inspection.
    (d) If the periodic inspection reveals deficiencies in your 
vessel's maintenance, you must make any or all repairs or improvements 
within the time period specified by the OCMI.
    (e) Nothing in this subpart limits the marine inspector from 
conducting such tests or inspections he or she deems necessary to be 
assured of the vessel's seaworthiness.


Sec. 189.27-10  Certificate of Inspection: Conditions of validity.

    To maintain a valid Certificate of Inspection, you must complete 
your annual and periodic inspections within the periods specified in 
Secs. 189.27-1 and 189.27-5 respectively, and your Certificate of 
Inspection must be endorsed.


Sec. 189.60-15  Cargo Ship Safety Radio Certificate.

    Every vessel equipped with a radio installation on an international 
voyage must have a Cargo Ship Safety Radio Certificate. Each radio 
installation must meet the requirements of the Federal Communication 
Commission and the International Convention for Safety of Life at Sea.


Sec. 189.60-20  [Removed]

    188.-189. Revise Sec. 189.60-35 to read as follows:


Sec. 189.60-35  Availability of Certificates.

    The Convention certificates must be on board the vessel and readily 
available for examination at all times.
    190. Revise Sec. 189.60-40 to read as follows:


Sec. 189.60-40  Duration of Convention certificates.

    (a) The following certificates are valid for a period of not more 
than 60 months (5 years).
    (1) A Cargo Ship Safety Construction Certificate.
    (2) A Cargo Ship Safety Equipment Certificate.
    (3) A Safety Management Certificate.
    (4) A Cargo Ship Safety Radio Certificate.
    (b) An Exemption certificate must not be valid for longer than the 
period of the certificate to which it refers.
    (c) A Convention certificate may be withdrawn, revoked, or 
suspended at any time when it is determined that the vessel is no 
longer in compliance with applicable requirements. (See Sec. 2.01-70 of 
this chapter for procedures governing appeals.)

PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

    191. Revise the authority citation for part 195 to read as follows:

    Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    192. Revise Sec. 195.11-15 (a) to read as follows:


Sec. 195.11-15  Plan approval and inspection.

    (a) Accommodation, power and chemical stores vans are subject to 
normal plan submission procedures of subpart 189.55 and to initial 
construction inspection. They must be inspected at each inspection for 
certification and periodic inspection.
* * * * *

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

    193. Revise the authority citation for part 199 to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 3703; 46 CFR 1.46.


Sec. 199.45  [Amended]

    194. In Sec. 199.45(b), immediately following the words ``renewal 
of certification'' add the words ``and periodic inspection''.

    Dated: November 1, 1999.
R. C. North,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 99-29024 Filed 11-12-99; 8:45 am]
BILLING CODE 4910-15-U