46 Shipping - Part 126 Inspection And Certification

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[Code of Federal Regulations]
[Title 46, Volume 4]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR126.530]
[Page 427-428]
TITLE 46--SHIPPING
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
PART 126_INSPECTION AND CERTIFICATION--Table of Contents
Subpart E_Annual, Periodic, and Alternative Annual Inspections
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

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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
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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 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)

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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.

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