1625-0044 StatA

§ 140.101

33 CFR Ch. I (7–1–12 Edition)

(b) If a possible violation investigated by the Coast Guard carries
both a civil and a criminal penalty, the
District Commander determines whether to refer the case to the U.S. Attorney for criminal prosecution or to the
Secretary of the Interior, or that person’s delegate, for civil penalty proceedings.
(c) When the U.S. Attorney declines
to institute criminal proceedings, the
District Commander decides whether
to refer the case to the Secretary of
the Interior, or that person’s delegate,
for civil penalty proceedings or to close
the case.

wreier-aviles on DSK5TPTVN1PROD with CFR

Subpart B—Inspections
§ 140.101 Inspection by Coast Guard
marine inspectors or Bureau of
Ocean Energy Management, Regulation and Enforcement inspectors.
(a) Each unit engaged in OCS activities is subject to inspection by the
Coast Guard.
(b) On behalf of the Coast Guard,
each fixed OCS facility engaged in OCS
activities is subject to inspection by
the Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE).
(c) Under the direction of the Officer
in Charge, Marine Inspection, Coast
Guard marine inspectors may inspect
units engaged in OCS activities, and
BOEMRE inspectors may inspect fixed
OCS facilities, to determine whether
the requirements of this subchapter are
met. These inspections may be conducted with or without advance notice
at any time deemed necessary by the
Officer in Charge, Marine Inspection,
or BOEMRE.
(d) As part of an inspection, a Coast
Guard marine inspector or an BOEMRE
inspector may review records and require and observe the conduct of emergency drills and other tests and procedures as may be necessary to demonstrate to that person’s satisfaction
that the unit and its equipment are in
full compliance with applicable Coast
Guard regulations. The Coast Guard
marine inspector or the BOEMRE inspector consults with the person in
charge of the unit before requiring a
drill or other test or procedure to be
conducted to minimize disruption of

unit activities and risk to life or property.
(e) Coast Guard inspections of foreign
units recognize valid international certificates accepted by the United States,
including Safety of Life at Sea
(SOLAS), Loadline, and Mobile Offshore Drilling Unit (MODU) Code certificates for matters covered by the
certificates, unless there are clear
grounds for believing that the condition of the unit or its equipment does
not correspond substantially with the
particulars of the certificate.
(f) Coast Guard marine inspectors
conduct an initial inspection of each
fixed OCS facility to determine whether the facility is in compliance with
the requirements of this subchapter.
[CGD 78–160, 47 FR 9376, Mar. 4, 1982, as
amended by CGD 84–098a, 53 FR 18980, May 26,
1988; USCG–2001–9045, 67 FR 5916, Feb. 7, 2002;
USCG–2011–0257, 76 FR 31837, June 2, 2011]

§ 140.103 Annual inspection of fixed
OCS facilities.
(a) The owner or operator of each
fixed OCS facility shall ensure that the
facility is inspected, at intervals not to
exceed 12 months, to determine whether the facility is in compliance with
the requirements of this subchapter.
(b) Except for initial inspections
under § 140.101(f), inspections by Coast
Guard marine inspectors and Bureau of
Ocean Energy Management, Regulation
and Enforcement (BOEMRE) inspectors
do not meet the requirements for an inspection under paragraph (a) of this
section.
(c) Except for initial inspections
under § 140.101(f), the results of the inspection under paragraph (a) of this
section must be recorded on form CG–
5432. Forms CG–5432 may be obtained
from the Officer in Charge, Marine Inspection. A copy of the completed form
must be kept for 2 years after the inspection under paragraph (a) of this
section is conducted and the form made
available to the Coast Guard and
BOEMRE on request. For manned fixed
OCS facilities, the copy of the completed form must be kept on the facility. For unmanned fixed OCS facilities,
the copy of the completed form must
be kept either at the nearest manned
fixed OCS facility or, if there is no
manned fixed OCS facility in the area,

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Coast Guard, DHS

§ 140.203

at the nearest field office of the owner
or operator. In addition, the owner or
operator must submit, to the appropriate BOEMRE District office, a copy
of each completed form CG–5432 that
indicates outstanding deficiencies or
hazards, within 30 days after completion of the inspection.

wreier-aviles on DSK5TPTVN1PROD with CFR

[CGD 84–098a, 53 FR 18980, May 26, 1988, as
amended by USCG–2001–9045, 67 FR 5916, Feb.
7, 2002; USCG–2011–0257, 76 FR 31837, June 2,
2011]

§ 140.105 Correction of deficiencies
and hazards.
(a) Lifesaving and fire fighting equipment which is found defective during
an inspection by a Coast Guard marine
inspector or a Minerals Management
Service (MMS) inspector and which, in
the opinion of the inspector, cannot be
satisfactorily repaired must be so mutilated in the presence of the inspector
that it cannot be used for the purpose
for which it was originally intended.
Lifesaving and fire fighting equipment
subsequently
determined
to
be
unrepairable must be similarly mutilated in the presence of the person
making that determination.
(b) Any deficiency or hazard discovered during an inspection by a Coast
Guard marine inspector or an MMS inspector is reported to the unit’s owner
or operator, who shall have the deficiency or hazard corrected or eliminated as soon as practicable and within
the period of time specified by the inspector.
(c) Deficiencies and hazards discovered during an inspection of a fixed
OCS facility under § 140.103(a) must be
corrected or eliminated, if practicable,
before the form CG–5432 is completed.
Deficiencies and hazards that are not
corrected or eliminated by the time
the form is completed must be indicated on the form as ‘‘outstanding’’
and the form submitted to the appropriate MMS District office. Upon receipt of a form CG–5432 indicating outstanding deficiencies or hazards, MMS
informs, by letter, the owner or operator of the fixed OCS facility of the deficiencies or hazards and the time period specified to correct or eliminate
the deficiencies or hazards.
(d) For lifesaving and fire fighting
equipment deficiencies on fixed OCS fa-

cilities that cannot be corrected before
the submission of form CG–5432, the
owner or operator must contact the appropriate MMS District Supervisor to
request a time period for repair of the
item. The owner or operator must include a description of the deficiency
and the time period approved by MMS
for correction of the deficiency in the
comment section of form CG–5432.
(e) 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 or
MMS (for deficiencies or hazards discovered by MMS during an inspection
of a fixed OCS facility), initiates appropriate enforcement measures.
[CGD84–098a, 53 FR 18981, May 26, 1988, as
amended by USCG–2001–9045, 67 FR 5916, Feb.
7, 2002]

Subpart C—Investigations
§ 140.201 General.
Under the direction of the Officer in
Charge, Marine Inspection, investigating officers investigate the following incidents occurring as a result
of OCS activities:
(a) Death.
(b) Injury resulting in substantial
impairment of any bodily unit or function.
(c) Fire which causes death, serious
injury or property damage exceeding
$25,000.
(d) Oil spillage exceeding two hundred barrels of oil in one occurrence
during a thirty-day period.
(e) Other injuries, casualties, accidents, complaints of unsafe working
conditions, fires, pollution, and incidents occurring as a result of OCS activities as the Officer in Charge, Marine Inspection, deems necessary to
promote the safety of life or property
or protect the marine environment.
§ 140.203 Investigation procedures.
(a) Insofar as practicable, investigations conducted pursuant to this subchapter shall follow the procedures of
46 CFR part 4.
(b) Representatives of the U.S. Geological Survey may participate in
these investigations. This participation
may include, but is not limited to:

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