
[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20844-20851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08359]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 140, 141, 142, 143, 144, 145, 146, and 147

46 CFR Parts 10, 11, 12, 13, 14, and 15

[Docket No. USCG-2013-0175]
RIN 1625-AC10


Training of Personnel and Manning on Mobile Offshore Units and 
Offshore Supply Vessels Engaged in U.S. Outer Continental Shelf 
Activities

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is considering expanding its maritime safety 
training requirements to cover all persons other than crew working on 
offshore supply vessels (OSVs) and mobile offshore units (MOUs) engaged 
in activities on the U.S. Outer Continental Shelf (OCS), regardless of 
flag. This is necessary to enhance personnel preparedness for 
responding to emergencies such as fire, personal injury, and abandon 
ship situations in hazardous environments. We seek comments on the 
following topics: the sufficiency of existing maritime safety training 
and the value of additional maritime safety training for maritime crew 
and persons other than crew on OSVs and MOUs; an MOU's safety 
organizational structure (defining levels of authority and lines of 
communication); the professional education and service requirements for 
industrial officers on MOUs; the sufficiency of manning regulations on 
MOUs and OSVs; and any available economic data on current labor market 
trends and conditions as well as the current costs, benefits, and 
effectiveness of mandated maritime safety training courses and programs 
for maritime crew and persons other than crew.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before July 14, 2014 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0175 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this advance 
notice of proposed rulemaking, call or email Mr. Gerald Miante, 
Maritime Personnel Qualifications Division (CG-OES-1), U.S. Coast 
Guard, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593; 
telephone 202-372-1407, or email gerald.p.miante@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
    A. General
    B. Outer Continental Shelf Lands Act
    C. Coast Guard's Relationship to the Bureau of Safety and 
Environmental Enforcement
    D. The BSEE's Safety Regulations
    E. Offshore Supply Vessels
    F. Mobile Offshore Drilling Units
    G. Manning
IV. Advance Notice of Proposed Rulemaking Discussion
    A. Maritime Safety Training for Persons Other Than Crew on 
Offshore upply Vessels and Mobile Offshore Units
    B. Safety Organizational Structure
    C. Officers on Mobile Offshore Drilling Units
    D. Manning
V. Information Requested
    A. Maritime Safety Training for Persons Other Than Crew on 
Offshore Supply Vessels and Mobile Offshore Units
    B. Safety Organizational Structure
    C. Officers on Mobile Offshore Drilling Units
    D. Manning
    E. Economic Data
    F. Regulatory Coordination With Other Federal Agencies

I. Public Participation and Request for Comments

    We encourage you to respond to this advance notice of proposed 
rulemaking (ANPRM) by submitting comments and related materials. All 
comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0175), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov and 
insert ``USCG-2013-0175'' in the ``Search'' box. Click on ``Submit a 
Comment'' in the ``Actions'' column. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached

[[Page 20845]]

the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov 
``USCG-2013-0175'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column. If you do not have access to the 
Internet, you may view the docket by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the U.S. Department of 
Transportation West Building, 1200 New Jersey Avenue SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by searching for the name of the individual who 
submitted the comment (or who signed the comment, if the comment was 
submitted on behalf of an association, business, labor union, etc.). 
You may review a Privacy Act notice regarding our public dockets in the 
January 17, 2008, issue of the Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that a public meeting would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

II. Abbreviations

ANPRM Advance notice of proposed rulemaking
BCO Ballast control operator
BS Barge supervisor
BT Basic training
CFR Code of Federal Regulations
FLOATEL/ASV Floating hotel/accommodation service vessel
IMO International Maritime Organization
MOA Memorandum of Agreement
MODU Mobile offshore drilling unit
MOU Mobile offshore unit
OCS U.S. Outer Continental Shelf
OCSLA Outer Continental Shelf Lands Act
OIM Offshore installation manager
OSV Offshore supply vessel
SEMS Safety and Environmental Management System
PIC Person in charge
STCW International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended
U.S.C. United States Code

III. Background

A. General

    The offshore mineral and oil industry on the U.S. Outer Continental 
Shelf (OCS) expanded significantly in the last decade. With this 
expansion, technological advancements moved operations further offshore 
and into deeper water. Consequently, this extension of operations 
limits the availability of emergency resources in both response time 
and amount of assistance available. Today, more people and companies 
are involved in exploration, drilling, production, anchor handling, 
diving, oil spill response operations, and other such activities than 
ever before.
    Recent incidents, including the explosion on, and subsequent 
sinking of the mobile offshore drilling unit (MODU) \1\ DEEPWATER 
HORIZON, highlight the need for maritime crew and persons other than 
crew working on the OCS to better understand decision-making authority 
and proper response actions in emergency situations,\2\ particularly 
since a large number of the maritime crew and persons other than crew 
work in hazardous conditions. Maritime crew are mariners who are 
required by an Officer in Charge, Marine Inspection to be listed on a 
vessel's Certificate of Inspection (46 CFR 15.501) or on another 
administration's safe manning document. The ``maritime crew'' are the 
Coast Guard-credentialed mariners who operate the vessel in accordance 
with the Certificate of Inspection (Safe Manning Document), e.g., 
master, mate, engineer, deckhand, and able seaman. The maritime crew 
may also include the offshore installation manager, barge supervisor, 
and ballast control operator. Persons other than crew comprise all 
other personnel who either ride on the vessel or work on the vessel, 
(e.g., offshore worker, commercial diver, anchor handling personnel, 
remotely operated vehicle (ROV) operator, oil-spill response worker, 
industrial personnel who work on rigs, occasional specialty worker, 
company personnel, and visitors).
---------------------------------------------------------------------------

    \1\ A MODU is defined in 46 CFR 10.107(b).
    \2\ See an excerpt from the U.S. Coast Guard's Report of 
Investigation into the Circumstances Surrounding the Explosion, 
Fire, Sinking and Loss of Eleven Crew Members Aboard the MODU 
DEEPWATER HORIZON in the GULF OF MEXICO, which found ``Certain crew 
actions during the event itself indicated that Transocean's 
emergency drills did not properly prepare the crew for a 
simultaneous well control, fire, and abandon ship.'' The excerpt is 
on p. 102 at https://homeport.uscg.mil/mycg/portal/ep/contentView.do?channelId=-18374&contentId=323899&programId=21431&programPage=%2Fep%2Fprogram%2Feditorial.jsp&pageTypeId=13489&contentType=EDITORIAL&BV_SessionID=@@@@1768583495.1392047223@@@@&BV_EngineID=ccccadfmfdfjmemcfngcfkmdfhfdfgo.0 OR you can locate the 
report at Http://Homeport.uscg.mil Missions 
Investigations Marine Casualty Reports 
DEEPWATER HORIZON--FINAL REPORT.
---------------------------------------------------------------------------

    On the day of the incident, the DEEPWATER HORIZON was drilling a 
well that was 13,000 feet deep in approximately 5,000 feet of water. A 
total of about 126 people, including the maritime crew and persons 
other than crew were on board. There were 115 people aboard who 
successfully evacuated and survived. However, 11 people were missing 
and presumed dead, and 16 were injured.
    Further evidence shows the risk of hazardous incidents on mobile 
offshore units (MOUs). (For the purposes of this ANPRM, an MOU means a 
vessel that can be readily relocated, and is capable of performing an 
industrial function that involves offshore operations other than those 
traditionally provided by vessels covered by chapter I of the 
International Convention for the Safety of Life at Sea, 1974 (SOLAS).) 
\3\ In November 2012, the FLOATEL SUPERIOR evacuated 374 people due to 
a damaged ballast tank. Damage was slight and allowed time for people 
mustered at the lifeboat stations to be successfully evacuated by 
helicopter. A more pressing and dangerous scenario could have led to 
different, less favorable results.
---------------------------------------------------------------------------

    \3\ See International Maritime Organization (IMO) Resolution 
A.891(21), Recommendations on Training of Personnel on Mobile 
Offshore Units (MOUs), (adopted November 25, 1999), February 4, 
2000.
---------------------------------------------------------------------------

    Current Coast Guard regulations require, at a minimum, the 
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended (STCW) basic safety 
training for maritime crew working on the OCS. (See Section III. E. 
Offshore Supply Vessels for STCW basic safety training requirements.)
    With this rulemaking, our goal is to enhance personnel preparedness 
for persons other than crew (U.S. and foreign) when responding to 
emergencies such as fire, personal injury, and abandon ship situations 
in hazardous environments. Additionally, we seek to ensure that persons 
other than crew receive basic maritime safety training on offshore 
supply vessels (OSVs) and MOUs engaged in OCS activities,\4\ regardless 
of flag, consistent

[[Page 20846]]

with the International Maritime Organization's (IMO) recommendations 
for maritime safety training (see Section IV. Advance Notice of 
Proposed Rulemaking Discussion). Further, we seek to ensure that this 
training is standardized and transferrable from one vessel type to 
another to avoid duplication of effort.
---------------------------------------------------------------------------

    \4\ An OCS activity means any offshore activity associated with 
exploration for, or development or production of, the minerals of 
the Outer Continental Shelf (33 CFR 140.10).
---------------------------------------------------------------------------

B. Outer Continental Shelf Lands Act

    Under the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 
1331-1356a), the Coast Guard is responsible for developing and 
implementing regulations to protect the safety of life, property, and 
the environment on OCS installations, vessels, and units engaged in OCS 
activities, including the regulation of workplace safety and health.\5\ 
Chapter I, subchapter N of Title 33 of the Code of Federal Regulations 
(CFR) contains regulations pertaining to OCS facilities, vessels, and 
other units engaged in OCS activities, which are intended to promote 
workplace safety and health.
---------------------------------------------------------------------------

    \5\ See 43 U.S.C. 1347(c).
---------------------------------------------------------------------------

C. Coast Guard's Relationship to the Bureau of Safety and Environmental 
Enforcement

    The Department of the Interior's Bureau of Safety and Environmental 
Enforcement (BSEE) has authority under OCSLA \6\ to regulate oil, gas, 
and sulphur exploration, development, and production operations on the 
OCS. The Coast Guard closely coordinates with the BSEE on shared 
jurisdiction and coordination of activities related to OCS facilities 
and units in order to minimize duplication of effort and to aid both 
agencies in the successful completion of their assigned missions and 
responsibilities. The Coast Guard and the BSEE use a Memorandum of 
Understanding and Memoranda of Agreement to coordinate consistency of 
regulations and policies where shared responsibilities exist and to 
provide each other relevant information for review and comment 
throughout the regulatory and policy development process.\7\
---------------------------------------------------------------------------

    \6\ See 43 U.S.C. 1334.
    \7\ BSEE-USCG Memorandum of Understanding and Memoranda of 
Agreements are publicly available (at http://www.bsee.gov/BSEE-Newsroom/Publications-Library/Interagency-Agreements/).
---------------------------------------------------------------------------

D. The BSEE's Safety Regulations

    The BSEE requires all OCS lessees or their designated operators to 
develop, implement, and maintain a Safety and Environmental Management 
System (SEMS) program (see 30 CFR 250, subpart S). The SEMS program is 
intended to be a nontraditional, performance-focused tool for 
integrating and managing offshore operations. The goal of the SEMS 
program \8\ is to ``promote safety and environmental protection by 
ensuring all personnel on a facility'' comply with the policies and 
procedures in the SEMS plan. The BSEE describes the scope of its 
jurisdiction by using the term ``facility,'' which encompasses MODUs, 
installations, and devices that are permanently or temporarily attached 
to the seabed.\9\ The SEMS regulations require that the SEMS program 
establish and implement a training program so that all personnel are 
trained in accordance with their duties and responsibilities to work 
safely and are aware of potential environmental impacts.\10\ The SEMS 
regulations also require that all personnel be trained to competently 
perform their assigned well control, deepwater well control, and 
production safety duties.\11\ The SEMS regulations also address 
operating procedures, safe work practices, and emergency response and 
control measures.\12\
---------------------------------------------------------------------------

    \8\ See 30 CFR 250.1901.
    \9\ See 30 CFR 250.105.
    \10\ See 30 CFR 250.1915.
    \11\ See 30 CFR part 250.
    \12\ See 30 CFR 250.1915.
---------------------------------------------------------------------------

    Both the BSEE and the Coast Guard have authority to regulate MODUs. 
The agencies entered into a Memorandum of Agreement (BSEE/USCG MOA: 
OCS-08, effective on June 4, 2013) to identify each agency's 
responsibility for regulation, inspection, and oversight of systems and 
sub-systems on MODUs.\13\ Annex 1 of the MOA designates the Coast Guard 
as the lead agency for regulatory oversight in certain areas. The areas 
applicable to this ANPRM are: 10.a through e (Fire Protection); 15.a 
and b (Pollution Prevention); 18 (Life Saving Equipment); 22.g (Drills-
fire, abandon, and lifeboat); and 22.k (Inspection and testing of 
marine and lifesaving equipment). The Coast Guard's consideration of 
maritime safety training requirements are in the areas of 
familiarization, personal survival, fire prevention and fire fighting, 
elementary first aid, and personal safety and social responsibilities. 
Since the BSEE SEMS requirements do not apply to these areas, there 
will be no duplication between the maritime safety training 
requirements we are considering in this ANPRM and the BSEE SEMS 
regulations. There will also be no duplication of requirements with 
regards to OSVs because the BSEE does not have jurisdiction to regulate 
personnel working on this type of vessel.
---------------------------------------------------------------------------

    \13\ See footnote 7 for availability of the BSEE/USCG MOU and 
MOAs.
---------------------------------------------------------------------------

E. Offshore Supply Vessels

    Offshore supply vessels serve a variety of functions in support of 
the exploration, exploitation, or production of offshore mineral or 
energy resources, which may include carrying offshore goods and 
supplies; handling anchors and mooring equipment; or delivering excess 
fuel to oil production facilities. They also perform other support 
functions such as serving as floating hotels/accommodation service 
vessels (FLOATELs/ASVs) that provide sleeping, dining, and recreational 
quarters for persons other than crew who must remain close to a 
drilling or mineral production unit and for whom quarters are not 
available on the drilling or production unit.
    Developments in the U.S. offshore industry created demand for 
larger OSVs than allowed in the past. As previously pointed out, the 
U.S. offshore industry became more complex over time. Consequently, 
there is greater demand for larger, multi-purpose OSVs that are capable 
of: (1) Operating at greater distances from shore and for more extended 
periods using larger and more advanced propulsion or machinery systems; 
(2) carrying more cargo and more people on board; and (3) serving as a 
platform for specialized services related to the exploration, 
exploitation, and completion of sub-sea resources. Until recently, 
however, a statute limited the size of OSVs to less than 500 gross 
register tons as measured under 46 U.S.C. 14502, or to an alternate 
tonnage established as 6,000 gross tonnage as measured under 46 U.S.C. 
14302. In response, Congress removed the size limit on OSVs in 2010 
(see Pub. L. 111-281, section 617(a)). Modifications to existing OSV 
regulations to safely increase the size of OSVs are being developed to 
address hazards associated with larger vessels carrying more cargo and 
personnel, including regulations pertaining to mariner training.\14\
---------------------------------------------------------------------------

    \14\ Additional regulatory changes to address safety concerns of 
larger OSVs are being developed by the Coast Guard under a separate 
rulemaking (see RIN 1625-AB62 at www.reginfo.gov).
---------------------------------------------------------------------------

    Existing regulations require maritime crew operating on U.S.-
flagged OSVs to be credentialed and comply with the STCW's basic safety 
training as required in 46 CFR parts 11 and 12. This training includes: 
(1) Personal survival techniques, (2) fire prevention and firefighting, 
(3) elementary first aid, and (4) personal safety and social

[[Page 20847]]

responsibilities, as set out in section A-VI/1 of the STCW Code.\15\ 
Maritime crew on foreign-flagged OSVs are credentialed under the laws 
of the flag state and also receive basic safety training in accordance 
with the STCW.
---------------------------------------------------------------------------

    \15\ See International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended.
---------------------------------------------------------------------------

    Coast Guard regulations require safety orientation for offshore 
workers on board U.S.-flagged OSVs as found in 46 CFR 131.320. These 
requirements were originally intended for offshore workers in transit 
from a shore-based staging area to the OSV. However, the role of the 
OSV has expanded to serve as a base of operations for other offshore 
activities, such as diving, ROV operations and seismic surveys. Persons 
other than crew involved in these operations work and live aboard these 
vessels during the entire activity and are not transient workers, as 
the current regulations were designed to protect. Section 131.320 
currently requires that the Master inform persons other than crew of 
certain basic safety information including, but not limited to, 
emergency and evacuation procedures; locations of emergency exits; 
embarkation areas for survival craft; and storage areas for lifejackets 
and immersion suits, along with instructions on how to don and adjust 
the jackets and suits. Such safety orientation must also include 
information on the types and locations of any other lifesaving 
device(s) carried on the vessel, the location and contents of safety 
placards, as well as any conditions or circumstances that constitute a 
risk to safety. This training is not equivalent to the STCW's basic 
safety training requirements; therefore, we seek to broaden maritime 
safety training requirements for transient offshore workers as well as 
for persons other than crew working on U.S. OSVs engaged in activities 
on the OCS. We are also considering making these requirements 
applicable to all persons other than crew working on foreign-flagged 
OSVs engaged in activities on the OCS. Our goal is to enhance personnel 
preparedness for responding to emergencies such as fire, personal 
injury, and abandon ship situations in hazardous environments, 
regardless of flag.

F. Mobile Offshore Drilling Units

    MODUs are a particular type of MOU. Some MODUs are self-propelled 
and certified to navigate independently, while others rely on 
arrangements of intricate anchoring systems for the purpose of holding 
the unit on station. Maritime crew and persons other than crew 
typically work in 12-hour shifts in very physically demanding and 
especially dangerous conditions. Drilling operations can be extremely 
complex and can expose these workers to a potentially combustible and 
hazardous atmosphere because of the presence of oil, gas, drilling mud, 
and cement. Given such prevalent conditions, it is critical that all 
maritime crew and persons other than crew receive adequate maritime 
safety training.
    Regulations for the credentialing and required STCW basic safety 
training of maritime crew are in 46 CFR parts 11 and 12. The Coast 
Guard issues officer endorsements for three categories of industrial 
officers who work on U.S.-flagged MODUs. These are the offshore 
installation manager (OIM), barge supervisor (BS), and ballast control 
operator (BCO).\16\ Regulations for training and sea service 
requirements for the OIM, BS, and BCO are found in 46 CFR 11.470, 
11.472, and 11.474, respectively. Depending on the type of unit the 
three categories of industrial officers are working on these officers 
may also hold a maritime credential as a Master or Chief Mate, which 
would subject them to compliance with the STCW basic safety training 
requirements. Coast Guard regulations contained in Sec. Sec.  11.470, 
11.472, and 11.474 require some safety-related training courses for 
these three categories of industrial officers, which include well 
control/blowout prevention for the OIM, as well as survival suits/
survival craft, and firefighting training for all three categories of 
industrial officers. However, the training in Sec. Sec.  11.470, 
11.472, and 11.474 is not equivalent to the STCW's basic safety 
training requirements for maritime crew.
---------------------------------------------------------------------------

    \16\ OIM, BS, and BCO are defined in 46 CFR 10.107(b).
---------------------------------------------------------------------------

    The Coast Guard's regulations for the safety orientation of 
maritime crew and industrial workers working aboard U.S.-flagged MODUs 
are in 46 CFR 109.213. (``Industrial workers'' are considered persons 
other than crew in this ANPRM.) These regulations require emergency 
training and drills. Training manuals or audiovisual media that 
describe abandonment of the unit must be available to all maritime crew 
and industrial workers on board. Each maritime crew and industrial 
worker on board must also be assigned and become familiar with his/her 
emergency duties before working on the unit. Drills and instructions 
must be conducted for abandonment, fire, and line-throwing apparatus. 
Additional training under 46 CFR 109.213 on survival skills is required 
for ``persons with designated responsibility for the survival of 
others'' beyond what is required for ``persons without designated 
responsibility for the survival of others.''
    The STCW's basic safety training regulations do not apply to 
industrial officers without maritime credentials. These same 
regulations also do not apply to industrial workers. The safety-related 
training requirements in 46 CFR 11.470, 11.472, and 11.474 and 109.13 
are not equivalent to the STCW basic safety training; therefore, we 
seek to expand maritime safety training for industrial officers and 
industrial workers working on U.S. MODUs. We are also considering 
making these requirements applicable to all persons other than crew 
working on foreign-flagged MODUs. Our goal is to enhance personnel 
preparedness for responding to emergencies such as fire, personal 
injury, and abandon ship situations in hazardous environments, 
regardless of flag.

G. Manning

    The cognizant Officer in Charge, Marine Inspection sets the manning 
requirements for the maritime crew on a specific MODU in accordance 
with 46 CFR 15.520, or on an OSV based on the regulations in 46 CFR 
15.705. Before issuing a safe manning document in the form of a 
Certificate of Inspection, the Officer in Charge, Marine Inspection 
usually consults with the vessel's owner/operator, applies 
headquarters' policy as well the district's policy, if any, and he or 
she takes into consideration the purpose of the vessel and its mode and 
area of operation.

IV. Advance Notice of Proposed Rulemaking Discussion

A. Maritime Safety Training for Persons Other Than Crew on Offshore 
Supply Vessels and Mobile Offshore Units

    New regulatory standards and amendments to existing requirements on 
maritime safety training for persons other than crew are needed to 
ensure consistency in safety, efficiency, and environmentally conscious 
practices. Once finalized, the maritime safety training regulations 
would produce a standard that would be applicable to persons other than 
crew on all OSVs and MOUs engaged in OCS activities, regardless of 
flag.
    The Coast Guard reviewed IMO Resolution A.891(21), titled 
``Recommendations on Training of Personnel on Mobile Offshore Units 
(MOUs),'' which provides an international standard for maritime

[[Page 20848]]

safety training on MOUs. We considered certain provisions of this 
resolution as a source in guiding our preliminary thoughts regarding 
potential regulations for maritime safety training standards, and we 
seek comments on them. We developed a table that adopts certain 
provisions from the resolution using categories based on personnel 
type, and the recommended type of maritime safety training courses and/
or programs. Levels of training are commensurate with the duties and 
responsibilities borne by each individual as noted in Table 1. The 
table categories are: (A) Visitors and persons other than crew who are 
not regularly assigned, but are on board for a limited time and have no 
tasks in relation to normal operations of the unit; (B) persons other 
than crew without designated responsibility for the safety and survival 
of others; (C) regularly assigned persons other than crew with 
designated responsibility for the safety and survival of others; and 
(D) maritime crew.
    The Coast Guard particularly seeks industry comment on the need for 
additional maritime safety training, such as crowd management, crisis 
management and human behavior, specialized on-the-job training, or 
structured courses and/or programs that might be necessary, but are not 
otherwise mentioned in this ANPRM.

B. Safety Organizational Structure

    In order to ensure that any subsequent proposed rule includes 
appropriate requirements, a key purpose of this ANPRM is to encourage 
comments that will identify the safety organizational structure of 
MOUs. A safety organizational structure includes the responsibilities, 
authorities, and relationships through which the MOU performs its 
activities. The organizational structure may be an integral part of a 
company's management system. Because of the differences between 
companies, the Coast Guard encourages commenters to describe the 
responsibilities of individuals with regard to safety matters, as well 
as the communication mechanisms that (1) promote cooperation between 
the maritime crew and persons other than crew, (2) ensure a successful 
response to any emergency on board MOUs, and (3) ensure that people in 
the relevant capacities are available to perform their safety 
responsibilities.
    The Coast Guard seeks information on the particular protocol for 
designating a unit's OIM and for assigning overall final decision-
making and well control authority in case of a maritime emergency, such 
as a blowout, explosion, fire, or unit abandonment. The Coast Guard is 
especially looking for examples of how companies operating self-
propelled MODUs define the levels of authority and lines of 
communication within the unit (e.g., Master and OIM) and between 
shoreside and unit personnel.
    We seek information on how safety and industrial operations are 
currently practiced, the order of precedence given to organizational 
responsibilities, and the measures taken to maintain the safety of the 
unit and personnel. We would like to determine whether the Master 
working on a self-propelled unit, including a MODU, is responsible and 
in charge, without constraints by the unit owner or operator, of the 
response to an emergency. We also seek to determine whether the OIM or 
an equivalent industrial officer working on a non-self-propelled unit, 
including a MODU, is responsible for the unit without constraints by 
the unit owner or operator on the response to an emergency. Further, 
the Coast Guard seeks information on any potential conflicts that may 
exist between the Master and the OIM, as well as conflicts between any 
other organizational structural positions onboard the unit or on shore.

C. Officers on Mobile Offshore Drilling Units

    The Coast Guard requests that commenters identify the duties and 
responsibilities of the OIM, the BS, and the BCO, including their 
responsibilities during emergency situations. We are asking for comment 
on the sufficiency of these industrial officers' endorsement 
requirements and the possible need to adjust the training and service 
provisions.
    We also seek information on any current method or program for 
training a person holding an unlimited Master's endorsement to prepare 
them to obtain an OIM endorsement. This includes suggestions on 
academic degrees, in addition to engineering degrees and sea service 
requirements, or other creditable experience in lieu of those expressly 
stated in 46 CFR 11.470. We welcome suggestions regarding the 
application of credit toward the OIM requirements for any training 
courses or programs received while obtaining a Master's endorsement 
(e.g., firefighting, stability, and survival suit training) and ask for 
data on the number of OIMs currently holding a Master's endorsement.
    The subjects that will appear on an examination for obtaining a 
U.S. credential with OIM, BS, and BCO MODU endorsements are specified 
in 46 CFR 11.920. Similarly, the Coast Guard requests comments about 
whether these subjects are still relevant and if any should be deleted 
from, or added to this section of the regulations.

D. Manning

    Emerging technology and the expanded practice of using MOUs and 
OSVs as multipurpose units and vessels point to the possible need to 
re-assess the Coast Guard's manning principles. As MODUs become 
increasingly larger in design and operations and are navigated in 
deeper waters farther from shore, the Coast Guard is concerned about 
whether there should be additional engineers and mates assigned to 
these vessels. Also, we ask several open-ended questions in the section 
that follows in this ANPRM to give individuals in industry a chance to 
offer their specific views on any manning issue. The Coast Guard seeks 
comments regarding how current regulations serve industry and if there 
are any suggestions or concerns with current manning standards, whether 
they are related to the normal service or particular to the multiple 
uses of these units or vessels. We also ask several MODU-specific 
questions regarding certain industrial officers and one question 
regarding ice pilots.

V. Information Requested

    The Coast Guard seeks comment from the public on a variety of OSV 
and MOU standards.
    We have organized the discussion into the following five sections: 
A. Maritime Safety Training for Persons Other than Crew on Offshore 
Supply Vessels and Mobile Offshore Units; B. Safety Organizational 
Structure; C. Officers on Mobile Offshore Drilling Units; D. Manning; 
E. Economic Data; and F. Regulatory Coordination with Other Federal 
Agencies. Public responses to these questions will help the Coast Guard 
develop a more complete and carefully drafted rulemaking. Please 
support your comment with quantitative data where possible, and include 
sources and complete citations for any data. The questions are neither 
all-inclusive, nor are responses to all questions necessary. Any 
supplemental information regarding the topics that follow is welcome. 
As you respond to a question, PLEASE INDICATE THE SPECIFIC NUMBER OF 
THE QUESTION YOU ARE ADDRESSING.

A. Maritime Safety Training for Persons Other Than Crew on Offshore 
Supply Vessels and Mobile Offshore Units

    Information in Table 1 was extrapolated from the recommended

[[Page 20849]]

training in IMO Resolution A.891(21). (For a full description of the 
table, see section IV.A. of this ANPRM.) We request comments on the 
levels of training for three categories of personnel (A, B, and C) \17\ 
listed in the table. Please indicate the specific number of the 
question you are addressing.
---------------------------------------------------------------------------

    \17\ Category D--we are not seeking information for this 
category because existing Coast Guard regulations contain training 
requirements for maritime crew.

                 Table 1--Maritime Safety Training for Persons Other Than Crew on the U.S. OCS*
----------------------------------------------------------------------------------------------------------------
                                                 Type of worker
-----------------------------------------------------------------------------------------------------------------
            Category A                     Category B                Category C                Category D
----------------------------------------------------------------------------------------------------------------
Visitors and persons other than    Other persons other than   Regularly assigned        Maritime crew members.
 crew not regularly assigned who    crew without designated    persons other than crew
 are on board for a limited         responsibility for the     with designated
 period of time, in general not     safety and survival of     responsibility for the
 exceeding 3 days, and have no      others.                    safety and survival of
 tasks in relation to normal                                   others.
 operations of the unit.
----------------------------------------------------------------------------------------------------------------
                                                    Training
----------------------------------------------------------------------------------------------------------------
Training in offshore orientation;  Training in offshore       Training in offshore      Training in offshore
 familiarization training or        orientation;               orientation;              orientation;
 sufficient information and         familiarization training   familiarization           familiarization
 instruction in personal survival   or sufficient              training or sufficient    training or sufficient
 techniques and workplace safety.   information and            information and           information and
                                    instruction in personal    instruction in personal   instruction in personal
                                    survival techniques and    survival techniques and   survival techniques and
                                    workplace safety.          workplace safety.         workplace safety.
                                   Training in personal       Training in personal      Training in personal
                                    survival, fire             survival, fire            survival, fire
                                    prevention and fire-       prevention and fire-      prevention and fire-
                                    fighting, elementary       fighting, elementary      fighting, elementary
                                    first aid, personal        first aid, personal       first aid, personal
                                    safety and social          safety and social         safety and social
                                    responsibilities (as set   responsibilities (as      responsibilities (BT in
                                    out in tables 5.3.1 to     set out in tables 5.3.1   accordance with STCW
                                    5.3.5, basic training      to 5.3.5, BT of           Regulation VI/1).
                                    (BT) of Resolution         Resolution A.891).
                                    A.891).
                                                              Additional training in    Additional training in
                                                               accordance with their     accordance with their
                                                               duties and                duties and
                                                               responsibilities--STCW    responsibilities--STCW
                                                               training in survival      training in survival
                                                               craft and rescue boats,   craft and rescue boats,
                                                               fast rescue boats, adv.   fast rescue boats, adv.
                                                               fire-fighting, and        fire-fighting, and
                                                               medical first aid.        medical first aid [PIC
                                                               [Person in charge (PIC)   medical care; if
                                                               medical care, if          assigned].
                                                               assigned].
                                                              Familiarization training  Familiarization training
                                                               on unit-specific          on unit-specific
                                                               equipment.                equipment.
----------------------------------------------------------------------------------------------------------------
* Note: This table is based on information found in IMO Resolution A.891(21).

    Q-A1. What kind of maritime safety training courses and/or programs 
are currently afforded to persons other than crew on board MOUs and 
OSVs? Is Table 1 (adapted from information in IMO Resolution A.891(21)) 
a good representation of the levels of training appropriate for the 
categories of persons other than crew listed?
    Q-A2. What suggestions do you have regarding the inclusion or 
modification of the personnel categories and relevant maritime safety 
training in the table?
    Q-A3. Should any key maritime crew or persons other than crew on 
board be required to take crowd management training, and crisis 
management and human behavior training courses (similar to maritime 
crew and persons other than crew on passenger vessels)? For what size 
complement? For what type of vessel? How do existing FLOATELs/ASVs 
ensure the safety of large numbers of embarked persons other than crew 
in case of emergency?
    Q-A4. Is there any specialized safety training that should be 
required on OSVs that is particular to the various functions these 
vessels can perform?
    Q-A5. Have any incidents occurred involving individuals who had not 
received safety training? If so, please describe the incident. Would 
the outcome have changed had those individuals received safety 
training? Why were they not trained?
    Q-A6. What types of safety drills should be required of every 
person on an MOU?

B. Safety Organizational Structure

    The Coast Guard seeks to understand and requests information on a 
unit's organizational structure as it pertains to safety, including the 
levels of authority and lines of communication by which operations are 
carried out, and the duties and responsibilities of the three 
categories of industrial officers who are issued credentials by the 
Coast Guard and direct the industrial work on board a MODU.
    Please provide information on the performance of drilling operation 
emergency exercises and how these drills are performed safely, 
including the number of offshore workers involved, the length and 
frequency of the drills, the equipment needed and resources required.
    Also, the Coast Guard seeks information on the responsibilities of 
persons other than crew on board OSVs serving as FLOATELs/ASVs with 
regard to safety matters, and the communication mechanisms that promote 
cooperation on board the vessel to ensure that people in the relevant 
capacities are available to perform their safety responsibilities. 
Please indicate the specific number of the question you are addressing.

[[Page 20850]]

    Q-B1. Who has the ultimate and final decision-making authority on 
board a MODU or other MOU for industrial operations, marine operations, 
and emergency response? If there is more than one person, how and when 
is the decision-making authority transferred during an emergency? How 
is this decision-making defined by unit type and operational status? Is 
this practiced, and if so, how often and what resources are required?
    Q-B2. Who on board a MODU is responsible for well control and would 
be the primary person to give the order to shut-in the well?
    Q-B3. Where is well control delegation found in a MODU's company 
documentation?
    Q-B4. How do companies operating self-propelled MOUs define the 
levels of authority and the lines of communication both within the 
unit, and between shoreside and unit personnel?
    Q-B5. Should drilling operation/well control emergency drills and 
vessel emergency evacuation drills on a MODU be performed and, if so, 
what drills can be performed safely? What resources are required for 
such drills?
    Q-B6. What are the responsibilities of the maritime crew toward 
persons other than crew on board MOUs in case of an emergency?
    Q-B7. What are the responsibilities of persons other than crew on 
MOUs in case of an emergency?

C. Officers on Mobile Offshore Drilling Units

    The Coast Guard seeks comments on the existing professional 
education and service requirements of the OIM, the BS, and the BCO.
    Additionally, we seek comments on the possible need to create new 
MODU-specific endorsements for ``Master (MODU)'' and ``Chief mate 
(MODU)'' as well as the associated education, training, and knowledge 
that industry feels is necessary. Please indicate the specific number 
of the question you are addressing.
    Q-C1. What are the duties and responsibilities of an OIM?
    Q-C2. What are the duties and responsibilities of a BS?
    Q-C3. What are the duties and responsibilities of a BCO?
    Q-C4. Is the current structure of officer endorsement (licensing) 
for MODUs still valid and does it cover the current and anticipated 
future needs of the offshore drilling/production industry?
    Q-C5. Should the Coast Guard consider issuing a Master (MODU)-
specific endorsement? Is there need for a ``Chief mate (MODU)'' or 
``Mate (MODU)'' endorsement?
    Q-C6. Referring to Q-C5, if the answer is yes, what practical/
theoretical knowledge requirements should be needed for each 
endorsement (leading to the development of a possible course and/or 
program)?
    Q-C7. Referring to Q-C5, what should be the service requirements 
for each endorsement?
    Q-C8. Would a Master or Mate (unrestricted) necessarily have to 
start over to comply with all the requirements of 46 CFR 11.470, 
11.472, and 11.474, or would you recommend alternative training courses 
and/or programs and experience criteria?
    Q-C9. What are your suggestions regarding the acceptance of 
equivalencies of the education (degree), and individual course and/or 
program requirements for:
    (a) An OIM (who holds an unlimited Master's officer endorsement); 
and
    (b) A BS/BCO (who holds an unlimited Chief mate's officer 
endorsement)?
    Q-C10. On a self-propelled U.S.-flagged MODU (other than a 
drillship), is the Master with an OIM endorsement, required by 46 CFR 
15.520(d), actually filling the position of the OIM or is another 
person brought on board and assigned to serve as the OIM?
    Q-C11. Within your company, how many OIMs currently hold a Master's 
endorsement?
    Q-C12. Is there a need for additional or alternative Coast Guard 
credentialed positions aboard MODUs including, but not limited to, 
crane operator, remotely operated vehicle operator, or maintenance 
supervisor?

D. Manning

    The Coast Guard seeks comments regarding how current regulations 
serve industry and if there are any suggestions or concerns with 
current manning standards, whether they are related to the normal 
service or particular to the multiple uses of these units or vessels. 
We also ask several MODU-specific questions regarding certain 
industrial officers and one question to elicit information on ice 
pilots. Please indicate the specific number of the question you are 
addressing.
    Q-D1. Should the Coast Guard require a Chief engineer aboard a 
MODU? If so, how many assistant engineers should we require and what 
would be the associated costs and benefits?
    Q-D2. Should the Coast Guard require a Chief mate aboard a MODU? If 
so, how many additional mates should we require and what would be the 
associated costs and benefits?
    Q-D3. Are there any other manning issues regarding both self-
propelled and non-self-propelled MOUs that industry recommends the 
Coast Guard address?
    Q-D4. Are there any manning issues regarding OSVs that industry 
recommends the Coast Guard address?
    Q-D5. Do you know if any U.S. licensed maritime crew has ice pilot 
experience as a navigator in arctic waters, and if so, how many? 
(Specifically, the U.S. licensed maritime crew's experience would 
include monitoring and formulating strategies to guard against ice 
floes.)

E. Economic Data

    Finally, the Coast Guard seeks any available economic data 
regarding maritime crew and persons other than crew working on MOUs and 
OSVs engaged in OCS activities on the OCS. We seek information on the 
current labor market trends and conditions; current maritime safety 
training courses the maritime crew are required to complete; and the 
costs, benefits, and effectiveness of those training courses and/or 
programs. Please indicate the specific number of the question you are 
addressing.
    Q-E1. What data or information exists that the Coast Guard could 
use to estimate the number of U.S. maritime crew and U.S. persons other 
than crew per U.S. flagged MOU and OSV, and the average number of 
maritime crew and persons other than crew per foreign-flagged MOU and 
OSV? Similarly, are there any sources documenting the number of MOUs 
(both U.S. and foreign-flagged) by unit types (e.g., accommodation 
units, crane units, construction and maintenance units, drilling 
tenders, pipe and cable laying units, wind turbine installation units, 
and maintenance and repair units)?
    Q-E2. What are the current labor market trends and conditions for 
U.S. and non-U.S. maritime crew and persons other than crew working on 
MOUs and OSVs? Specifically, are there any current or projected 
shortages of qualified maritime crew and persons other than crew on 
MOUs and OSVs? Also, are current wages and total compensation for the 
maritime crew and persons other than crew working on MOUs and OSVs 
competitive with the rest of the oil, gas, and marine industries?
    Q-E3. Do you provide training similar to that described in Table 1? 
What are the costs associated with current training courses and/or 
program requirements for U.S. and non-U.S. maritime crew as well as 
U.S. and non-U.S. persons other than crew working on MOUs and OSVs? How 
long does

[[Page 20851]]

this training take? Also, is there any data or information that could 
be used to estimate the costs of these maritime safety training courses 
and/or programs? Is it conducted on board by maritime crew or by 
outside resources? Who pays for the maritime safety training courses 
and/or programs--the maritime crew/persons other than crew, or his/her 
employer? How many maritime crew/persons other than crew are trained 
per year? What is the cost of training? Please list your answers in 
Table 2. (When answering the question, refer to Table 1-Maritime Safety 
Training for Persons Other than Crew on the U.S. OCS.)

                        Table 2--Costs Associated With Current Training Courses/Programs
----------------------------------------------------------------------------------------------------------------
                                                Category A              Category B              Category C
----------------------------------------------------------------------------------------------------------------
Do you provide training similar to that  .......................  ......................  ......................
 described in Table 1?
What are the costs associated with       .......................  ......................  ......................
 current training courses and/or
 program requirements for U.S. and non-
 U.S. maritime crew and U.S. and non-
 U.S. persons other than crew working
 on MOUs and OSVs?
How long does this training take?        .......................  ......................  ......................
Also, is there any data or information   .......................  ......................  ......................
 that could be used to estimate the
 costs of these maritime safety
 training courses and/or programs?
Is it conducted on board by maritime     .......................  ......................  ......................
 crew or by outside resources?
Who pays for the maritime safety         .......................  ......................  ......................
 training courses and/or programs--the
 maritime crew/persons other than crew,
 or his/her employer?
How many maritime crew/persons other     .......................  ......................  ......................
 than crew are trained per year?
What is the cost of the training?        .......................  ......................  ......................
----------------------------------------------------------------------------------------------------------------

    Q-E4. What are the kinds of beneficial impacts from safety 
training? Are there sources of data or information documenting the 
benefits or avoided costs, which may result from the maritime safety 
training courses and/or programs that are currently required of the 
maritime crew and persons other than crew who work on MOUs and OSVs?
    Q-E5. How effective are these maritime safety training courses and/
or program requirements in terms of reducing fatalities, injuries, and 
property damage on MOUs and OSVs? Please provide examples of situations 
in which safety training may have been effective in mitigating the 
impacts of emergency situations.

F. Regulatory Coordination With Other Federal Agencies

    The Coast Guard is also interested in ways to streamline safety 
training for persons other than crew on OSVs and MOUs with the 
requirements of other Federal agencies. We are seeking comment on 
specific aspects where there may be opportunities to improve 
coordination.
    Q-F1. What opportunities exist for increased regulatory efficiency 
and harmonization of maritime safety training requirements among 
Federal agencies?

    Dated: April 6, 2014.
Robert J. Papp Jr.,
Commandant, U.S. Coast Guard.
[FR Doc. 2014-08359 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P


