[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68353-68354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23855]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0317]


Commercial Diving Operations--Equivalent Levels of Safety Policy 
Letter

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard is announcing the availability of CG-OES 
Policy Letter 02-20, Commercial Diving Operations--Equivalent Levels of 
Safety. This policy letter provides guidance on Coast Guard acceptance 
of certain industry-recognized standards for commercial diving 
operations as providing a level of safety that is equivalent to the 
requirements contained in Coast Guard regulations.

DATES: This policy is applicable October 28, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions or feedback 
related to this policy, contact Mr. Ken A. Smith, Vessel and Facility 
Operating Standards Division (CG-OES-2), Coast Guard; telephone 202-
372-1413, email Ken.A.Smith@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Abbreviations

ADCI Association of Diving Contractors International
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IMCA International Marine Contractors Association
U.S.C. United States Code

II. Discussion

    The Coast Guard's requirements for commercial diving are found in 
Title 46 of the Code of Federal Regulations (CFR), part 197, subpart B. 
Based on data obtained by the Coast Guard in 2014, the majority of 
commercial diving operators subject to these requirements were members 
of commercial diving organizations that have established commercial 
diving standards.\1\ As members of these organizations, these operators 
have committed to complying with the standards established by their 
organizations.
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    \1\ U.S. Coast Guard, ``Commercial Diving Operations: Notice of 
Proposed Rulemaking Preliminary Regulatory Analysis and Initial 
Regulatory Flexibility Analysis,'' table 2-3, page 25 (Dec. 2014), 
(available at https://www.regulations.gov/document?D=USCG-1998-3786-0195.
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    These organizations have made improvements over the years, such as 
in the training and qualification requirements of commercial divers, 
medical examinations, and procedures associated with the different 
modes of diving, that have made commercial diving operations safer. The 
Association of Diving Contractors International (ADCI) and the 
International Marine Contractors Association (IMCA) contacted the Coast 
Guard and requested that we review their standards and issue a 
Commercial Diving Operations--Equivalent Levels of Safety Policy 
Letter. The Coast Guard has completed the review and is issuing CG-OES 
Policy Letter 02-20, Commercial Diving Operations--Equivalent Levels of 
Safety.
    In summary, CG-OES Policy Letter 02-20 provides that the Coast 
Guard considers commercial diving operations being performed in 
accordance with ADCI International Consensus Standards for Commercial 
Diving and Underwater Operations, edition 6.3 (2016) \2\ and IMCA 
International Code of Practice for Offshore Diving (IMCA D

[[Page 68354]]

014 Version 2 (Nov 2019) \3\ to provide a level of safety equivalent to 
the commercial diving regulations found in 46 CFR 197.300 through 
197.462, which cover equipment, operations, diving mode procedures, 
periodic tests and inspections. Compliance with 46 CFR 197.480 through 
197.488 is still required.
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    \2\ Available at https://www.adc-int.org/content.asp?contentid=173.
    \3\ Available at https://www.imca-int.com/publications/120/imca-international-code-of-practice-for-offshore-diving/.
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    Other organizations wishing to be considered by the Coast Guard as 
providing an equivalent level of safety to the commercial diving 
regulations in 46 CFR part 197 may submit information to the point of 
contact identified in the FOR FURTHER INFORMATION CONTACT section 
above, demonstrating how they meet the equivalency requirements.

III. Access to CG-OES Policy Letter 02-20

    In addition to being available with other Coast Guard guidance 
documents at https://www.uscg.mil/guidance, a copy of CG-OES Policy 
Letter 02-20, Commercial Diving Operations--Equivalent Levels of 
Safety, is available in docket USCG-2020-0317 at https://www.regulations.gov and also at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/office-oes/.

IV. Legal Authority

    Pursuant to Title 33 of the United States Code (U.S.C.) 1509, 46 
U.S.C. 3306, and 43 U.S.C. 1333, the Coast Guard has issued safety 
regulations for commercial diving operations. These requirements are 
found in 46 CFR part 197, subpart B. The Coast Guard is issuing CG-OES 
Policy Letter 02-20, Commercial Diving Operations--Equivalent Levels of 
Safety in accordance with 46 CFR 197.206, which provides that the Coast 
Guard may accept substitutes for equipment, materials, apparatus, 
arrangements, procedures, or tests required by 46 CFR part 197 if the 
substitute provides an equivalent level of safety. This notice of 
availability is issued in accordance with 5 U.S.C. 552.

    Dated: October 16, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2020-23855 Filed 10-27-20; 8:45 am]
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