for entity type (subsidiary or parent company), primary line of
business, employee size, revenue, and other information.\18\ We matched
this information to the Small Business Administration's ``Table of
Small Business Size Standards'' to determine if an entity is small in
its primary line of business as classified in the North American
Industry Classification System (NAICS).\19\
---------------------------------------------------------------------------

    \18\ We used information and data from Manta (http://Manta.com).
    \19\ The SBA lists small business size standards for industries
described in the North American Industry Classification System
(NAICS). See http://www.smallbusinessnotes.com/fedgovernment/sba/13cfr121/201-4849.html (as of April 7, 2008).
---------------------------------------------------------------------------

    ADCI member data and Coast Guard data shows that there are 87
entities engaging in marine oriented commercial diving in the 2009-2011
timeframe. We acknowledge that only 75 diving firms belong to the
ADCI.\20\ USCG estimates that number of non-ADCI firms to be 12 based
on our total population estimate (see affected population section for
details). We found revenue and employment data for 45 firms that were
ADCI in origin. Of the 45 firms, 37 were determined to be small
businesses according to Small Business Administration standards. We
assume that entities without small business data are small. In Table
12, we provide a summary of the small business data. As a result of our
analysis, we concluded that small entities make up approximately 79
percent of the total affected marine population ((37 known small firms
+ 10 estimated and likely small firms + 30 firms with no revenue data)/
87 total marine firms).
---------------------------------------------------------------------------

    \20\ See commercial dive firm population calculation in Appendix
B.

                     Table 12--Firm Data Development
------------------------------------------------------------------------
                                                               Number of
                          Firm type                              firms
------------------------------------------------------------------------
Marine Commercial Marine Diving Firms in ADCI................         75
Revenue and Employment Info..................................         45
Number of Small Business Firms Based on Available Data.......         37
------------------------------------------------------------------------
Source: USCG Calculations.

    Table 13 provides small entity information, in the detail of the
NAICS Code industries affected by this rule.

                         Table 13--Small Entities by NAICS Codes With SBA Size Standards
----------------------------------------------------------------------------------------------------------------
                                                                    SBA Size        Number of
            NAICS Codes                     Description            standards     small entities     Percent of
                                                                     (<=$M)             *         small entities
----------------------------------------------------------------------------------------------------------------
236220............................  Commercial & Inst.                     33.5               1              4.2
                                     Building Construction.
237990............................  Other Heavy and Civil                  33.5               3             12.5
                                     Engineering Cons.
238910............................  Site Preparation                       14                 5             20.8
                                     Contractors.
541330............................  Marine Engineering and                 18.5               1              4.2
                                     Naval Architecture.
541990............................  All Other Prof.,                        7                11             45.8
                                     Scientific & Tech.
                                     Services.
561499............................  All Other business Support              7                 1              4.2
                                     Services.
561990............................  All Other Support Services             18.5               2              8.3
                                                               -------------------------------------------------
    Total.........................  ..........................  ...............              24            100
----------------------------------------------------------------------------------------------------------------
Source: USCG Calculations.
* ADCI Firms identified with revenue data.

Industries Affected by the Proposed Rule
    A brief description of the industries \21\ most affected by this
proposed rule is presented as follows:
---------------------------------------------------------------------------

    \21\ These descriptions were excerpted from the U.S. Census
Bureau. (http://www.census.gov/cgi-bin/sssd/naics/naicsrch).
---------------------------------------------------------------------------

    236220 Commercial and Institutional Building Construction--This
industry comprises establishments primarily responsible for the
construction (including new work, additions, alterations, maintenance,
and repairs) of commercial and institutional buildings and related
structures, such as stadiums, grain elevators, and indoor swimming
facilities. This industry includes establishments responsible for the
on-site assembly of modular or prefabricated commercial and
institutional buildings. Included in this

industry are commercial and institutional building general contractors,
commercial and institutional building for-sale builders, commercial and
institutional building design-build firms, and commercial and
institutional building project construction management firms.
    237990 Other Heavy and Civil Engineering Construction--This
industry comprises establishments primarily engaged in heavy and
engineering construction projects (excluding highway, street, bridge,
and distribution line construction). The work performed may include new
work, reconstruction, rehabilitation, and repairs. Specialty trade
contractors are included in this group if they are engaged in
activities primarily related to engineering construction projects
(excluding highway, street, bridge, distribution line, oil and gas
structure, and utilities building and structure construction).
Construction projects involving water resources (e.g., dredging and
land drainage), development of marine facilities, and projects
involving open space improvement (e.g., parks and trails) are included
in this industry.
    238910 Site Preparation Contractors--This industry comprises
establishments primarily engaged in site preparation activities, such
as excavating and grading, demolition of buildings and other
structures, and septic system installation. Earth moving and land
clearing for all types of sites (e.g., building, non-building, and
mining) are included in this industry. Establishments primarily engaged
in construction equipment rental with operator (except cranes) are also
included.
    541330 Engineering Services--This industry comprises establishments
primarily engaged in applying physical laws and principles of
engineering in the design, development, and utilization of machines,
materials, instruments, structures, processes, and systems. The
assignments undertaken by these establishments may involve any of the
following activities: Provision of advice, preparation of feasibility
studies, preparation of preliminary and final plans and designs,
provision of technical services during the construction or installation
phase, inspection and evaluation of engineering projects, and related
services.
    541990 All Other Professional, Scientific, and Technical Services--
This industry comprises establishments primarily engaged in the
provision of professional, scientific, or technical services (except
legal services; accounting, tax preparation, bookkeeping, and related
services; architectural, engineering, and related services; specialized
design services; computer systems design and related services;
management, scientific, and technical consulting services; scientific
research and development services; advertising, public relations and
related services; market research and public opinion polling;
photographic services; translation and interpretation services; and
veterinary services).
    561499 All Other Business Support Services--This U.S. industry
comprises establishments primarily engaged in providing business
support services (except secretarial and other document preparation
services; telephone answering and telemarketing services; private mail
services or document copying services conducted as separate activities
or in conjunction with other office support services; monetary debt
collection services; credit reporting services; repossession services;
and court reporting and stenotype recording services).
    561990 All Other Support Services--This industry comprises
establishments primarily engaged in providing day-to-day business and
other organizational support services (except office administrative
services, facilities support services, employment services, business
support services, travel arrangement and reservation services, security
and investigation services, services to buildings and other structures,
packaging and labeling services, and convention and trade show
organizing services).
Census Data by NAICS
    Table 5-3 presents census data for selected industries in Table 14.
The Small Business Administration uses industry NAICS to determine if
an entity is small based on their revenue data. The table below
provides a distribution of the number of entities per industry by
revenue.

                                                       Table 14--Distribution of Firms by Revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of entities by revenue
          NAICS Code                  Industry title       ---------------------------------------------------------------------------------------------
                                                              $0-$99k      $100k-$500k    $500k-$1M     $1M-$5M      $5M-$10M      $10M+     Grand total
--------------------------------------------------------------------------------------------------------------------------------------------------------
236220.......................  Commercial and Inst.               2,373           9,805        5,695       11,601        3,319        4,415       37,208
                                Building Construction.
237990.......................  Other Heavy and Civil              1,463           4,504        1,770        2,083          339          343       10,502
                                Engineering Construction.
238910.......................  Site Preparation                   3,968          14,725        5,091        5,217          887          608       30,496
                                Contractors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: US Census Bureau 2002. (http://www.census.gov/econ/census02/guide/INDRPT23.HTM).

Revenue Impact on Small Entities
    The regulatory costs in this rule (including Manning, Drills,
Audits, Records & Documentation and Medical Examinations) are evaluated
in total in the following conventional IRFA analysis. To estimate the
revenue impact on the identified small businesses, we followed guidance
from the U.S. Small Business Administration's Office of Advocacy's ``A
Guide for Government Agencies: How to Comply with the Regulatory
Flexibility Act.'' We compared the total cost per business to the
revenue data collected to assess the impact of the rule to those
businesses. Using this information we were able to estimate the impact
as a percentage of revenue for the affected firms.
    As a result of our analysis, we concluded that small entities with
a significant impact likely comprise 68 percent of the small entity
population evaluated. Of the 37 small entities with available business
data, we determined that 32 percent of small entities would have an
annual cost-to-revenue impact of less than 1 percent. Further, we
estimated that 41 percent of the small entities would have a cost-to-
revenue impact between 1 and 3 percent and 27 percent would have an
impact equal to or greater than 3 percent. These results are summarized
in Table 15. We estimate 68 percent of small entities would have an
impact greater than 1 percent from a cost to revenue ratio perspective.

               Table 15--Revenue Impacts on Small Entities
------------------------------------------------------------------------
                 Impact                       Sample        Percentage
------------------------------------------------------------------------
0% <= Impact <= 1%......................              12              32
1% > Impact < 3%........................              15              41
>= 3% Impact............................              10              27
                                         -------------------------------
    Total...............................              37             100
------------------------------------------------------------------------
Source: USCG Calculations in Appendix B.

Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of Small Entities
    The Coast Guard expects new reporting or record keeping
requirements resulting from this rule. The proposed rule impacts
commercial marine diving operations under Coast Guard jurisdiction and
requires each operation perform documentation preparation and
maintenance tasks that fall under the category of reporting and
recordkeeping. This documentation provides a historical record of when
a piece of equipment was inspected or serviced and by whom. The process
will also include the documentation of new equipment as often as new
equipment is added to a firm's asset base. In addition, the
documentation also takes into account logbook entries of diving
activities as well as maintenance of logbooks, audit reporting, and
operations manuals.
Duplication With Other Federal Rules
    There are no relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule. OSHA has commercial diving
responsibility to the 3-mile limit, and Coast Guard has responsibility
beyond the 3-mile limit, and also for any activity off of a Coast Guard
inspected vessel within the 3-mile limit. The latter is composed of
most of the non-Gulf of Mexico commercial divers discussed earlier.
Description of Any Significant Alternatives to the Proposed Rule
    The Coast Guard considered four alternatives to the NPRM
alternative. A description of these alternatives is presented in
Chapter 1. In general, safety rules do not lend themselves to
alternatives favoring smaller entities. Being a small entity does not
change necessarily the safety requirement.
    Three alternatives involved a different regulatory approach from a
status quo and ranged from involving the IMO in a global rulemaking to
a consolidation of OSHA and US Coast Guard rules. All were rejected for
reasons presented in Chapter 1.
SBREFA Compliance
    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612) and section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard considered
whether this rulemaking would have a significant economic impact on a
substantial number of small entities. The term ``small entities''
comprises small business, not-for-profit organizations and governmental
jurisdictions with populations of less than 50,000. In reviewing the
potential costs of compliance and the relative impact on a small
business' revenue, the Coast Guard cannot certify the proposed
rulemaking would not have a significant economic impact on a
substantial number of small entities.
    The Coast Guard will help small entities understand the proposed
rulemaking so that they can better evaluate its effect on them and
participate in the rulemaking process. The preamble of the proposed
rulemaking provides small businesses or organizations an opportunity to
comment and lists a point of contact for any questions concerning the
proposed rulemaking's provisions or options for compliance.
Executive Order 13272: Consideration for Small Entities
    Section 1 of Executive Order 13272 directs Federal agencies to
establish procedures and policies to promote compliance with the
Regulatory Flexibility Act. It also requires Federal agencies to review
thoroughly draft rules to assess and take appropriate account of the
potential impact on small businesses, small governmental jurisdictions,
and small organizations, as provided by the Act.
    Executive Order 13272 requires Federal agencies to notify the Chief
Counsel for Advocacy of the Small Business Administration of any
proposed rulemakings that may have a significant economic impact on a
substantial number of small entities. The proposed rulemaking is
anticipated to have a significant economic impact on a substantial
number of small entities. USCG will seek input from the Chief Counsel
for Advocacy of the Small Business Administration in the promulgation
of this rulemaking.
    The Coast Guard solicits comments from Advocacy on the proposed
rulemaking and will give every appropriate consideration to any
comments provided by Advocacy on the proposed rulemaking. Similarly,
USCG has proffered a comment period to small entities in compliance
with the Executive Order and relevant laws and regulations.
    Small businesses are encouraged to contact the agency for more
information on the proposed rulemaking. For questions on this proposed
rulemaking, call Ken Smith at the US Coast Guard<PHONE_NUMBER>. The
public may also write the Coast Guard at the following address: U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.

C. 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. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and you have questions concerning its provisions or
options for compliance, please consult Mr. Ken Smith, U.S Coast Guard,
using the contact information listed above. Small businesses 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 Coast Guard employees,
call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rulemaking or any policy or action of the Coast Guard.
    The Coast Guard Office of Domestic Compliance has prepared a notice
to be

circulated to the general public and to be placed on the Coast Guard's
Web site to assist small businesses and other interested parties in
understanding the proposed rulemaking. The Coast Guard plans to
continue its coordination and communication with maritime organizations
such as the Chamber of Shipping of America and other ship owner
associations so that they may inform and assist their respective
members with understanding the rule.
    In compliance with Executive Order 13563,\22\ USCG will offer a
public comment period of at least 60 days. Information about the
proposed rule will be provided to USCG contacts as well as through
Federal Register notice and press releases to encourage public
participation.
---------------------------------------------------------------------------

    \22\ The Executive Order directs Federal agencies to take action
to use and encourage public participation; it states ``Regulations
shall be adopted through a process that involves public
participation. To that end, regulations shall be based, to the
extent feasible and consistent with law, on the open exchange of
information and perspectives among State, local, and Tribal
officials, experts in relevant disciplines, affected stakeholders in
the private sector, and the public as a whole.''
    In accordance with Executive Order 13563, USCG solicited public
input on the current voluntary compliance of the regulated public on
several of the proposed provisions. This action was limited due to
the restrictions of the Paperwork Reduction Act for which contacts
with the public exceeding nine contacts on the same question must be
approved by OMB. In addition, a Notice of Inquiry was issued in the
Federal Register in January 2012.
---------------------------------------------------------------------------

D. Collection of Information

    This proposed rule would call for a new collection 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 title and description of the new information
collection, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
    Title: Marine Occupational Health and Safety Standards for
Commercial Diving Operations--46 CFR 197 Subpart B.
    OMB Control Number: 1625-NEW.
    Summary of the Collection of Information: This proposed rule would
include reporting and record keeping requirements ranging from updating
the operations manual, maintaining and periodically updating a log
book, reporting and storing examination scores and certifications, and
maintaining records of equipment inspections. The collection of
information would aid the regulated public in assuring safe practices
associated with commercial diving operations.
    Need for Information: The Coast Guard needs this information to
determine whether an entity meets the regulatory requirements.
    Proposed Use of Information: The Coast Guard would use this
information to determine compliance with the regulatory requirements.
    Description of the Respondents: The respondents are owners and
operators of U.S. commercial diving operations.
    Number of Respondents: The burden of this proposed rule for this
collection of information includes certifications, procurement of
written materials, preparation of records, and records of inspections.
This collection of information applies to owners/operators of
commercial diving operations. We estimate the maximum number of
respondents to be 87.
    Frequency of Responses: This proposed rule would vary the number of
responses each year by requirement. Details are provided in the
preliminary regulatory analysis.
    Burden of Response: The burden of response for each regulatory
requirement varies. Details are provided in the preliminary regulatory
analysis.
    Estimate of Total Annual Burden: We estimate an annual burden of
6,059 hours for the industry.
    As required by the Paperwork Reduction Act, we will submit a copy
of this proposed rule to 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 Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000)). This proposed rule regulates equipment
and operations for commercial diving conducted from inspected vessels
in order to promote the safety of life. States may not regulate within
this category, and therefore, this rule is consistent with the
principles of federalism and preemption requirements in Executive Order
13132. Additionally, Congress specifically granted the authority to
regulate artificial islands, installations, and other devices
permanently or temporarily attached to the OCS and in the waters
adjacent thereto as it relates to the safety of life to the Secretary
of the Department in which the Coast Guard is operating. This includes
floating installations and other devices engaged in OCS activities. 43
U.S.C. 1333(d)(1) states that the Secretary ``shall have authority to
promulgate and enforce such reasonable regulations with respect to
lights and other warning devices, safety equipment, and other matters
relating to the promotion of safety of life and property on the
artificial islands, installations, and other devices . . . as he may
deem necessary.'' As this proposed rule would regulate equipment and
operations to ensure safety of life for commercial diving

being conducted from such OCS installations, it falls within the scope
of authority Congress granted exclusively to the Secretary. This
authority has been delegated to the Coast Guard and is exercised in
this proposed rule. Therefore, since the States may not regulate within
this category, preemption under Executive Order 13132 is not an issue.
    Finally, Congress granted the authority to regulate deepwater ports
to the Secretary of Transportation. 33 U.S.C. 1509(b) states that the
Secretary of Transportation ``shall issue and enforce regulations with
respect to lights and other warning devices, safety equipment, and
other matters relating to the promotion of safety of life and property
in any deepwater port and the waters adjacent thereto.'' When the Coast
Guard was an agency within the Department of Transportation, the
authority to issue regulations with respect to safety on deepwater
ports was delegated to the Coast Guard. See 49 CFR 1.46(s) (2002). The
Homeland Security Act of 2002, Public Law 107-296, transferred the
Coast Guard to the Department of Homeland Security. Pursuant to the
Homeland Security Act, authorities that were delegated to the Coast
Guard remained intact during this transfer by operation of law. The
authority was then delegated to the Commandant of the Coast Guard
through Department of Homeland Security Delegation 0170.1. Since this
rule regulates equipment and operation to ensure safety for commercial
diving being conducted from deepwater ports, it falls within the scope
of authority that has been transferred and delegated to and exercised
by the Coast Guard.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of energy effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies. The proposed regulations use voluntary consensus
standards developed by ADCI and would allow commercial diving operators
to apply for equivalency determinations if they comply with similar
voluntary consensus standards used by other organizations.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule is likely to be categorically excluded under section 2.B.2, figure
2-1, paragraphs (34)(a), (c), (d) and (e) of the Instruction and 6(a)
of the Federal Register, Vol. 67, No. 141, Tuesday, July 23, 2002, page
48243. This proposed rule involves regulations that are procedural,
involving reporting and recordkeeping requirements; regulations
concerning the training and qualifying of maritime personnel;
regulations concerning manning and equipping of vessels; regulations
concerning equipment approval and carriage requirements; and regulatory
actions involving vessel operation safety standards. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 8

    Administrative practice and procedure, Incorporation by reference,
Organization and functions (Government agencies), Reporting and
recordkeeping requirements, Vessels.

46 CFR Part 197

    Benzene, Diving, Marine safety, Incorporation by reference,
Occupational safety and health, Reporting and recordkeeping
requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 8 and 197 as follows:

PART 8--VESSEL INSPECTION ALTERNATIVES

0
1. Revise the authority citation for part 8 to read as follows:

    Authority: 46 U.S.C. 3103, 3306, 3316, 3703; Department of
Homeland Security Delegation No. 0170.1(92.a), (92.b).

0
2. Amend Sec.  8.320 as follows:
0
a. In paragraph (b)(13), remove the word ``and'';
0
b. In paragraph (b)(14), after the word ``Certificate;'', remove the
period and add in its place ``; and''; and
0
c. Add paragraph (b)(15).
    The addition reads as follows:

Sec.  8.320  Classification society authorization to issue
international certificates.

* * * * *
    (b) * * *
    (15) International Diving System Safety Certificate.
* * * * *

PART 197--GENERAL PROVISIONS

0
3. Revise the authority citation for part 197 to read as follows:

    Authority:  33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306,
3703, 6101; Department of Homeland Security Delegation No. 0170.1
(75), (90), (92.b), (92.d).

0
4. Revise subpart B to read as follows:

Subpart B--Commercial Diving Operations

Sec.

General

197.200 Applicability.
197.201 Definitions.
197.202 Incorporation by reference.
197.203 Equivalents.
197.204 Commercial diving operations conducted in foreign waters.
197.205 Enforcement.
197.206-197.208 [Reserved]

Audits

197.209 Third-party audits.
197.210 Internal audits.
197.211 External audits.
197.212 Pre-audit notification.
197.213 Audit reporting.
197.214-197.219 [Reserved]

Operational Duties

197.220 Commercial diving operators.
197.221 Persons in charge.
197.222 Dive supervisors.
197.223 Operations manual.
197.224 Operational duties in the event of marine casualty or
serious marine incident.
197.225 Safety management system.
197.226-197.239 [Reserved]

Personnel Training and Qualifications

197.240 General requirements.
197.241 Standby divers.
197.242 Dive supervisors.
197.243 Divers and dive tenders.
197.244 Life-support technicians.
197.245 Saturation technicians.
197.246 Individuals conducting underwater burning, welding, or
exothermic cutting.
197.247 Diver medical technicians.
197.248-197.249 [Reserved]

Health and Medical Requirements

197.250 Medical examinations.
197.251 Pre-operational verification.
197.252 Work hours.
197.253 Ascent to altitude after diving or flying after diving.
197.255-197.259 [Reserved]

Specific Operations

197.260 Operations with potential for differential pressures in
adjacent areas.
197.261 Operations conducted from a dynamic positioning vessel.
197.262 Operations conducted from a vessel that is liveboating.
197.263 Operations involving SCUBA.
197.264 Operations involving multiple dives by a diver.
197.265 Operations in which a diver's decompression is required, but
has been omitted.
197.266 Operations in contaminated water.
197.267 Operations involving underwater welding and burning.
197.268-197.269 [Reserved]

Equipment

197.270 General requirements.
197.271 Commercial diving operator's general equipment duties.
197.272 Person in charge's equipment duties.
197.273 Dive supervisor's equipment maintenance logbook duties.
197.274 Diver's equipment duties.
197.275 Volume tanks.
197.276 Compressed gas cylinders.
197.277 Pressure vessels for human occupancy.
197.278 Pressure piping.
197.279 First aid and treatment equipment.
197.280 Diving ladders and stages.
197.281 Surface-supplied helmets and masks.
197.282 Diver's safety harness.
197.283 Buoyancy-changing devices.
197.284 Inflatable flotation devices.
197.285 Oxygen safety.
197.286 Miscellaneous equipment requirements.

Dive Team Staffing

197.290 Dive team staffing requirements.
197.303-197.309 [Reserved]

Subpart B--Commercial Diving Operations

General

Sec.  197.200  Applicability.

    (a) Except as provided in paragraph (b) of this section, this
subpart applies to commercial diving operations taking place at or from
any--
    (1) Deepwater port or safety zone thereof as defined in 33 CFR part
150;
    (2) Artificial island, installation, or other device on the Outer
Continental Shelf (OCS) as defined in 33 CFR part 140 and their safety
zones defined in 33 CFR part 147;
    (3) Vessel operating on the navigable waters of the United States,
as defined in 33 CFR part 2;
    (4) United States vessel required to have a certificate of
inspection issued by the Coast Guard, including a mobile offshore
drilling unit regardless of its geographic location or;
    (5) Foreign-flagged vessel engaged in an OCS activity as defined in
33 CFR part 140, or connected to a deepwater port as defined in 33 CFR
part 150.
    (b) This subpart does not apply to commercial diving operations
performed solely for--
    (1) Marine scientific research and development purposes by an
educational institution;
    (2) Research and development for the advancement of diving
equipment and technology; or
    (3) Search and rescue or related public safety purposes conducted
by or under the control of a governmental agency.
    (c) A commercial diving operation may deviate from the requirements
of this subpart to the extent necessary to prevent or minimize a
situation that is likely to cause death, injury, or major environmental
damage. The circumstances leading to the situation, the deviations
made, and the corrective action taken, if appropriate, to reduce the
possibility of recurrence must be recorded by the diving supervisor in
the logbook required by 46 CFR 197.221(c)(10).
    (d) The owner or operator of a foreign-flagged vessel to which this
part applies shall submit documentation specified in this section to
the cognizant OCMI before that vessel enters the navigable waters of
the United States, engages in OCS activities, or performs work
connected to a deepwater port. Acceptable forms of documentation are as
follows:
    (1) An international diving systems safety certificate issued by
the vessel's flag administration or a party acting on behalf of the
flag administration.
    (2) Certification from the vessel's flag administration or party
acting on behalf of the flag administration that the vessel complies
with the regulations found in this part or the requirements of a
recognized classification society that has been determined by the
Commandant, Office of Design and Engineering (CG-ENG) to provide an
equivalent level of safety.

Sec.  197.201  Definitions.

    As used in this subpart--
    Accredited school means a commercial diving educational

organization recognized by the Association of Commercial Diving
Educators as meeting the standards of ANSI/ACDE-001-2009.
    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Approved third-party organization means an organization approved by
the Commandant.
    Audit has the meaning defined in 46 CFR 197.209.
    Auditor means a person meeting the qualifications set forth in 46
CFR 197.209(d).
    Barotrauma means injury of a body part or organ as a result of
changes in barometric pressure.
    Bell means a compartment either at ambient pressure (open bell) or
pressurized (closed bell) that allows a diver to be transported to and
from an underwater work site, allows the diver access to the
surrounding environment, and is capable of being used as a refuge
during diving operations.
    Breathing gas means a gas supplied to a diver for aspiration.
    Commandant means the Office of Commercial Vessel Compliance,
Commandant (CG-CVC), 2703 Martin Luther King Jr. Ave. SE., Stop 7501,
Washington, DC 20593-7501 unless otherwise specified.
    Commercial diver means a diver engaged in underwater work for hire,
excluding sport, fishing, and recreational diving or the instruction or
supervision thereof.
    Commercial diving employee means any person providing commercial
diving services or support to a commercial diving operator, and
includes any commercial diver employed by or working on behalf of a
commercial diving operator.
    Commercial diving operation means all activities in support of a
commercial diver.
    Commercial diving operator or CDO means any person or entity that
employs, contracts, or secures the services of commercial divers to
undertake commercial diving operations.
    Cylinder means a pressure vessel for the storage of gas under
pressure.
    Dangerous drug means a narcotic drug, a controlled substance, or a
controlled substance analog, as defined in section 102 of the
Comprehensive Drug Abuse and Control Act of 1970, 21 U.S.C. 802.
    Decompression chamber means a pressure vessel for human occupancy,
such as a surface decompression chamber, closed bell, or deep diving
system especially equipped to recompress, decompress, and treat divers.
    Decompression table means a profile or set of profiles of depth-
time relationships for ascent rates and breathing mixtures to be
followed after a specific depth-time exposure or exposures.
    Deepwater port has the meaning defined in 33 CFR 148.5.
    Deficiency means a failure to meet minimum requirements of an
applicable statute or regulation.
    Depth means the depth of a dive, the maximum pressure expressed in
feet of seawater attained by a diver.
    Dive means work performed by a diver or the activity that is taken
in support of that work and that is the subject of a dive plan.
    Dive location means a distinct geographic location or a portion of
a vessel or facility from which a diving operation is conducted.
    Dive mode or diving mode means a type of diving defined by the
equipment used and supported by the relevant procedures, techniques,
and processes, and includes self-contained underwater breathing
apparatus, saturation, surface-supplied air, or surface-supplied mixed-
gas modes.
    Dive plan is the written plan described in 46 CFR 197.220(i).
    Dive planning meeting means the meeting described in 46 CFR
197.220(i).
    Diver, unless otherwise modified, means a commercial diver working
beneath the surface, exposed to hyperbaric conditions, and using
underwater breathing apparatus.
    Dive supervisor means the person responsible to the commercial
diving operator for planning, resourcing, supervising, and approving a
dive to ensure its safety and directly responsible for the safety and
health of all dive team members during the dive.
    Dive team means the working divers, dive tenders, standby divers,
dive supervisors, persons in charge, life support and saturation
technicians, and diver medical technicians, when provided, that are
engaged in a specific diving operation.
    Dive tender means a properly trained and certified individual
acting (dive tending) in support of a working or standby diver.
    Diving systems safety certificate means a certificate issued to a
U.S. flag vessel subject to inspection under 46 U.S.C. 3301, or for a
foreign flag vessel by or on behalf of its flag administration,
pursuant to the International Code of Safety for Diving Systems;
    Dynamic positioning or DP refers to systems designed to maintain a
vessel in a fixed position and heading that incorporates computerized
control systems, thrusters, propulsion machinery, and advanced tracking
systems in order to maintain that fixed position.
    External audit means an audit conducted by an approved third-party
organization.
    Facility means a deepwater port, or an artificial island,
installation, or other device on the Outer Continental Shelf subject to
Coast Guard jurisdiction.
    FSW means feet of sea water (or equivalent static pressure head).
    Hyperbaric condition means a pressure condition in excess of
surface atmospheric pressure.
    Internal audit means an audit that is conducted by a party that has
a direct affiliation to the vessel, facility, owner or managing
operator, or organization being audited.
    Life support technician means a properly trained and certified dive
support person responsible for the safe operation of a hyperbaric
system, gas blending system, or gas control and delivery system, and
who is responsible for providing for the medical wellness of the dive
team.
    Liveboating means the support of a surfaced-supplied diver from a
vessel underway without DP ability.
    Major non-conformity means an identifiable deviation that poses a
serious threat to personnel or vessel safety, or a serious risk to the
environment that requires immediate corrective action.
    Marine casualty or accident means any casualty or accident as
defined in 46 CFR 4.03-1.
    Mixed-gas dive means a dive mode in which the diver in the water is
supplied with a breathing gas other than air.
    New dive location means a specific dive location from which no dive
operation has been conducted in the last 90 days.
    No-decompression limits means the depth-time limits of the no-
decompression limits and repetitive dive group designation table for
no-decompression air dives, U.S. Navy Diving manual or equivalent.
    Non-conformity means an observed situation where objective evidence
indicates the non-fulfillment of a specified requirement.
    Objective evidence means quantitative or qualitative information,
records, or statements of fact pertaining to safety or to the existence
and implementation of a safety management system element, which is
based on observation, measurement, or testing that can be verified.
This information may include, but is not limited to, equipment
certificates and maintenance documents, training records, repair

records, Coast Guard documents and certificates, surveys, or recognized
class society reports.
    OCS activity has the meaning defined in 33 CFR 140.10.
    OCS facility has the meaning defined in 33 CFR 140.10.
    Officer in Charge, Marine Inspection or OCMI means any person
designated as such by the Commandant of the Coast Guard and delegated
the authority to perform the functions described in 33 CFR 1.01-20.
    Operations manual means the operations manual required by 46 CFR
197.223.
    Person in charge or PIC means a vessel's master or the person
acting or designated as such in accordance with Sec.  197.221(a) of
this subpart.
    Pressure vessel means a container capable of withstanding an
internal maximum working pressure of more than 15 psi(g).
    Psi (g) means pounds per square inch (gauge).
    Pressure vessel for human occupancy or PVHO means a pressure vessel
that encloses a human being within its pressure boundary and includes
diving bells, personnel transfer capsules, decompression chambers,
recompression chambers, and hyperbaric chambers. The term does not
include pressure vessels for human occupancy that may be subjected to
external pressures in excess of 15 psi(g) but can only be subjected to
maximum internal pressures of 15 psi(g) or less (i.e., submersibles, or
one atmosphere observation bells).
    Procedure means an established series of actions, acts, or
operations which must be executed in the same manner in order to
achieve a uniform approach to compliance with applicable policies.
    Risk management measure means the assignment of additional or
different personnel, equipment, or other resources, the implementation
of effective policies or practices, or any other measure appropriate
for the management or reduction of risks that may be anticipated during
a dive.
    Safety management system means a structured and documented system
enabling a commercial diving operation to effectively implement the
commercial diving operator's safety and environmental protection
policies and that is routinely exercised and audited in a way that
ensures the policies and procedures are incorporated into the daily
performance of the commercial diving operation.
    Saturation diving means a dive mode that involves saturating a
diver's tissues with an inert gas in the breathing mixture to allow an
extension of bottom time without additional decompression.
    Self-contained underwater breathing apparatus or SCUBA means a dive
mode in which the diver is supplied with a compressed breathing mixture
from diver-carried equipment.
    Serious marine incident has the meaning defined in 46 CFR 4.03-2.
    Third-party auditor means a person who conducts external audits for
an approved third-party organization.
    Third-party organization means an entity that may be approved by
the Coast Guard to act on behalf of the Coast Guard for the purpose of
verifying compliance with applicable requirements outlined in Titles 33
or 46 of the Code of Federal Regulations, and that is not directly
connected to the Coast Guard, an owner or operator of a vessel,
facility, or operation of a vessel or facility.
    Unit, in the context of a unit on the Outer Continental Shelf, has
the meaning defined in 33 CFR 140.10.
    Vessel has the meaning given it by 33 CFR 140.10.
    Working pressure means the pressure to which a pressure containment
device is exposed at any particular instant during normal operating
conditions.

Sec.  197.202  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
U.S. Coast Guard by calling the Office of Regulations and
Administrative Law at<PHONE_NUMBER> or emailing<EMAIL_ADDRESS>and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Association of Diving Contractors International, 5206 Cypress
Creek Parkway, Suite 202, Houston, TX 77069, http://adc-int.org/.
    (1) International Consensus Standards for Commercial Diving and
Underwater Operations, 6th Edition, 2010 (``ADCI Standards''), IBR
approved for: 46 CFR 197.220, 197.222, 197.240, 197.242, 197.243,
197.244, 197.245, 197.250, 197.260, 197.261, 197.262, 197.263, 197.266,
197.267, 197.270, 197.275, 197.276, 197.277, 197.279, 197.280, 197.281,
and 197.282.
    (2) [Reserved]
    (c) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, United Kingdom, http://www.imo.org.
    (1) IMO Resolution A.831(19), International Code of Safety for
Diving Systems, 1995, IBR approved for 46 CFR 197.204.
    (2) IMO Resolution A.692(17), Guidelines and Specifications for
Hyperbaric Evacuation Systems, IBR approved for 46 CFR 197.270.
    (d) American Society of Mechanical Engineers (ASME), Three Park
Avenue, New York, NY 10016-5990, http://www.asme.org/.
    (1) ASME PVHO-1-2013, Safety Standard for Pressure Vessels for
Human Occupancy, 2013 (``ASME PVHO-1''), IBR approved for 46 CFR
197.277 and 197.286.
    (2) ASME B31.1-2010, ASME Code for Pressure Piping, Power Piping,
2010 (``ASME B31.1''), IBR approved for 46 CFR 197.278 and 197.286.
    (3) ASME National Board Inspection Code, NBBPVI, NB23-2011 (``ASME
NBBPVI''), IBR approved for 46 CFR 197.286.
    (e) American National Standards Institute (ANSI), 25 West 43rd
Street, Fourth Floor, New York, NY 10036, http://www.ansi.org.
    (1) ANSI/ISO 15618-1:2001, Qualification testing of welders for
underwater welding--Part 1: Diver-welders for hyperbaric wet welding
(``ANSI/ISO 15618''), IBR approved for 46 CFR 197.246.
    (2) ANSI/ACDE-01-2009, Divers--Commercial Diver Training--Minimum
Standards, (``ANSI/ACDE-01-2009''), IBR approved for 46 CFR 197.209,
197.243, and 197.246.
    (f) Compressed Gas Association, 14501 George Carter Way, Suite 103,
Chantilly, VA 20151-2923, http://www.cganet.com/.
    (1) Publication G-4.1, Cleaning Equipment for Oxygen Service, 2009
(``Compressed Gas Association Publication G-4.1''), IBR approved for 46
CFR197.286.
    (2) Publication G-7, Compressed Air for Human Respiration, 6th
Edition, 2008, (Compressed Gas Association Publication G-7''), IBR
approved for 46 CFR197.286.
    (3) Publication G-7.1, Commodity Specification for Air, 6th
Edition, 2011, (Compressed Gas Association Publication G-7.1), IBR
approved for 46 CFR197.286.
    (g) U.S. General Services Administration, One Constitution

Square, 1275 First St. NE., Washington, DC 20417, http://www.gsa.gov/portal/category/100000.
    (1) Federal Specification, BB-N-411C, Nitrogen Technical, 2000
(``Federal Specification BB-N-411C''), IBR approved for 46 CFR 197.286.
    (2) Federal Specification, Oxygen, Technical, Gas and Liquid, BB-O-
925a, 1961 (``Federal Specification BB-O-925a''), IBR approved for 46
CFR 197.286.
    (h) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, CP 56-CH-1211 Geneva 20, Switzerland.
    (1) ISO 9001-2008, American National Standard, Quality Management
Systems--Requirements, IBR approved for 46 CFR 197.209 and 197.225.
    (2) ISO 15618--2001, Qualification testing of welders for
underwater welding--Part 1: Diver-welders for hyperbaric wet welding,
IBR approved for 46 CFR 197.246.
    (i) U.S. Government Printing Office, 723 North Capitol St. NW.,
Washington, DC 20401, http://www.gpo.gov/.
    (1) U.S. Navy Diving Manual, 6th Edition, April 2008, IBR approved
for 46 CFR 197.264 and 197.265.
    (2) [Reserved]

Sec.  197.203  Equivalents.

    (a) The Commandant may accept substitutes for equipment, materials,
apparatus, arrangements, procedures, or tests required in this subpart
if the substitute provides an equivalent level of safety.
    (b) The person or entity receiving the equivalency determination
must keep a copy of that determination and make it available to any of
the person's or entity's employees, an approved third-party
organization, or Coast Guard personnel upon request.

Sec.  197.204  Commercial diving operations conducted in foreign
waters.

    A U.S. vessel that is conducting commercial diving operations in
foreign waters, and a foreign vessel that is conducting commercial
diving operations on the OCS of the U.S., must have diving systems that
comply with the International Code of Safety for Diving Systems
(incorporated by reference, see 46 CFR 197.202) and possess a valid
international diving systems safety certificate issued by the vessel's
flag administration or a party acting on that flag administration's
behalf. U.S. vessels needing an international diving systems safety
certificate must contact a recognized classification society authorized
by the Coast Guard to issue international certificates in accordance
with 46 CFR 8.320.

Sec.  197.205  Enforcement.

    (a) For the purpose of enforcing this subpart, and to the extent
needed to verify compliance with this subpart, the Officer in Charge,
Marine Inspection (OCMI) may at any time inspect the records and
observe the operations of any commercial diving operator (CDO) or
third-party organization (TPO), and may interview any employee or
person working on behalf of the CDO or TPO.
    (b) For noncompliance with this subpart, the OCMI may suspend or
revoke a U.S. vessel's certificate of inspection in accordance with 46
CFR part 2, or may suspend a U.S. vessel's international diving systems
safety certificate.
    (c) Vessels, OCS facilities, or deepwater ports that do not comply
with these regulations are subject to the following enforcement
actions:
    (1) The District Commander or the Captain of the Port (COTP) may
prohibit a noncompliant vessel from engaging in commercial diving
operations. A noncompliant vessel conducting commercial diving
operations on the navigable waters of the United States, as defined in
33 CFR 2.36, is subject to orders and penalties authorized by the Ports
and Waterways Safety Act and its implementing regulations.
    (2) The OCMI may prohibit a noncompliant vessel or OCS facility
from engaging in commercial diving operations. A noncompliant OCS
facility, or vessel engaged in an OCS activity, is subject to penalties
and orders authorized by the Outer Continental Shelf Lands Act and its
implementing regulations.
    (3) The OCMI may prohibit a noncompliant deepwater port from
engaging in commercial diving operations. A noncompliant deepwater
port, or a vessel connected to a deepwater port, is subject to
penalties and orders authorized by the Deepwater Port Act and its
implementing regulations.

Sec. Sec.  197.206-197.208  [Reserved]

Audits

Sec.  197.209  Third-party audits.

    (a) As used in this section, an ``audit'' means a systematic,
independent, and documented process for obtaining audit evidence, which
can be evaluated objectively to determine the extent to which audit
criteria are fulfilled. An audit may be limited to random selection of
a representative sampling throughout the system that presents the
auditor with sufficient objective evidence of system compliance. It
includes a thorough review of appropriate reports, documents, records,
and other objective evidence to verify compliance with applicable
regulations. It may include, but is not limited to--
    (1) Examining records;
    (2) Asking responsible persons how they accomplish specific tasks;
    (3) Observing persons performing required tasks;
    (4) Examining equipment to insure proper maintenance and operation;
and
    (5) Checking training records and work environments.
    (b) This section establishes procedures for third-party
organizations (TPOs) to obtain the Commandant's approval to perform
audits on behalf of the Coast Guard for the purpose of determining
regulatory compliance of vessels, personnel, and equipment with Coast
Guard regulations issued under this part, and establishes criteria for
the performance of those audits.
    (c) A TPO that the Commandant approves may--
    (1) Conduct audits of logs, records, documents, equipment, drills,
or other data to verify compliance with applicable Coast Guard
regulations;
    (2) Conduct audits of specific vessel operations and interview a
TPO's personnel to verify compliance with applicable Coast Guard
regulations; and
    (3) Issue reports detailing the results of audits.
    (d) To receive the Commandant's approval to perform audits in
accordance with this section, a TPO must demonstrate the skills and
experience necessary to assess compliance with the requirements of this
part. It must demonstrate, without consideration for any recreational
diving experience, that each of its auditors has--
    (1) Successfully completed a commercial diving training course
meeting the requirements of ANSI/ACDE-01-2009 (incorporated by
reference, see 46 CFR 197.202);
    (2) Served as a diving supervisor overseeing the specific diving
mode to be audited, with an auditor of commercial SCUBA, surface-
supplied air, or mixed-gas diving having overseen at least 500
commercial dives in that mode and an auditor of saturation diving
having overseen at least 100 commercial dives in that mode;
    (3) Successfully completed a lead auditor/assessor course that
meets the requirements of International Organization for
Standardization (ISO) 9001-2008 (incorporated by reference, see 46 CFR
197.202) or a Coast Guard-recognized equivalent; and
    (4) Either conducted at least eight audits within the past 5 years
of a commercial diving operation utilizing a recognized consensus
standard, or

successfully completed a required auditor apprenticeship consisting of
at least four audits under the direction of a lead auditor.
    (e) A TPO that the Commandant approves must notify the Commandant
when it adds or removes an auditor. For each new auditor, the
organization must demonstrate that the auditor qualifications specified
in paragraph (c) of this section have been met.

Sec.  197.210  Internal audits.

    (a) Each commercial diving operator (CDO), and vessel or facility
owner that permits a commercial diving operation to take place on
board, must perform an annual internal audit using one or more
designated employees or persons contracted to perform the audit.
    (b) The internal audit is not necessarily conducted as one event,
and may be performed in segments over time, not to exceed 1 year.
    (c) The internal audit must be of sufficient depth and breadth to
ensure the CDO or vessel or facility owner that permits a commercial
diving operation to take place on board has established adequate
procedures and documentation to validate and maintain compliance with
this subpart.
    (d) Each internal auditor must have the authority to examine
documentation, question personnel, examine vessel equipment, witness
system testing, and observe personnel training as necessary to verify
compliance.

Sec.  197.211  External audits.

    (a) Each commercial diving operator (CDO), and vessel or facility
owner that permits a commercial diving operation to take place on
board, must have an external compliance audit conducted by an approved
third-party organization at least twice in each 5-year period.
Additionally, an external compliance audit must be conducted as soon as
possible after any commercial diving casualty that is a serious marine
incident.
    (b) The external audit must be of sufficient depth and breadth to
ensure that the CDO or vessel or facility owner that permits a
commercial diving operation to take place on board complies with the
requirements of this subpart.
    (c) Each external auditor must be provided access to examine any
requested documentation, question personnel, examine equipment, witness
system testing, and observe personnel training, to the extent necessary
to verify compliance with this subpart.
    (d) The external auditor may broaden the scope of the audit if he
or she finds a condition that is inconsistent with the records
maintained or identifies an unsafe condition.
    (e) The external auditor may verify compliance through a review of
objective evidence and may conduct a visual sampling onboard vessels or
facilities where commercial diving operations are conducted to
determine whether or not the conditions onboard the vessel or at the
facility are consistent with the records reviewed.

Sec.  197.212  Pre-audit notification.

    (a) Each commercial diving operator (CDO) or vessel or facility
owner that permits a commercial diving operation to take place on board
must notify the cognizant Officer in Charge, Marine Inspection (OCMI)
at least 5 working days before the start of any external audit
conducted under 46 CFR 197.211.
    (b) The OCMI may require that a Coast Guard representative
accompany the auditor during part, or all, of an external audit.
    (c) The Coast Guard may conduct an audit of the CDO or vessel or
facility at any time.

Sec.  197.213  Audit reporting.

    (a) An approved third-party organization conducting external audits
in accordance with this subpart must submit an audit report to the
cognizant Officer in Charge, Marine Inspection (OCMI) within 30 days
after completing each audit under 46 CFR 197.211, except that any major
non-conformity must be reported to the local OCMI upon completion of
the audit.
    (b) Each audit report must contain the name of the auditor, the
audit results, and any continuing actions such as resolution of
deficiencies and non-conformities.
    (c) The TPO must keep each audit report for 5 years and make it
available to the Coast Guard upon request.
    (d) CDOs must retain copies of TPO audit reports and make them
available for examination by the Coast Guard upon request.

Sec. Sec.  197.214-197.219  [Reserved]

Operational Duties

Sec.  197.220  Commercial diving operators.

    Each commercial diving operator (CDO) must ensure that--
    (a) Commercial diving operations comply with or exceed the
requirements of the ADCI Standards (incorporated by reference, see 46
CFR 197.202) as modified by this subpart;
    (b) Each commercial diving operation or support function is
conducted in a way that minimizes any prevailing or anticipated risk to
life, property, or the environment;
    (c) Each commercial diving operation is conducted with the required
equipment and the proper operational procedures to ensure the safety of
all commercial diving employees involved in the commercial diving
operation;
    (d) Each commercial diving employee taking part in a commercial
diving operation receives written designation of the employee's
individual roles and responsibilities for each commercial diving
operation and has the equipment, knowledge, skills, experience,
training, and certification necessary to perform the duties to which he
or she is assigned;
    (e) The name of the dive supervisor for each commercial diving
operation is provided to the person in charge (PIC) of the vessel or
facility before beginning the operation;
    (f) Drills are conducted in accordance with table 197.220(f) in
this section, and compliance documented by logging the date, location,
nature, and scope of each drill and the name and job title of each
drill participant;

                  Table 197.220(f)--Drill Requirements
------------------------------------------------------------------------
            Requirement                            Detail
------------------------------------------------------------------------
Ensure that each dive team member   Drill at least once every 30
 can perform his or her assigned     calendar days, before initiating a
 dive team duties.                   commercial diving operation at a
                                     new dive location, when adding a
                                     new member to the dive team, or
                                     whenever you change an emergency
                                     drill procedure or emergency
                                     response equipment described in the
                                     operations manual. Note: For each
                                     dive mode used, drill using the
                                     unique equipment, personnel, and
                                     operational procedures required by
                                     that mode.
Diver recovery....................  At least once every 90 days, drill
                                     on: (1) Deployment of standby
                                     divers; (2) recovery of a diver
                                     from depth to a decompression
                                     chamber and first aid station; and
                                     (3) for dive systems utilizing
                                     hyperbaric rescue chambers or
                                     hyperbaric rescue craft, a full
                                     launch and recovery drill at least
                                     every 90 days or when adding a new
                                     member to the dive team or when
                                     initiating a new dive location.

Emergency rescue..................  Drill at least once every 30
                                     calendar days. Ensure that
                                     personnel can successfully deploy
                                     the equipment and perform the
                                     procedures described in the
                                     operations manual for emergency
                                     rescue (it is not necessary to
                                     deploy the emergency aviation
                                     resources or vessels required to
                                     transport divers to offsite medical
                                     facilities).
------------------------------------------------------------------------

    (g) Each commercial diving employee's compliance with this subpart
is documented, that the documentation is retained for at least 5 years,
and that the documentation is made available upon request to the Coast
Guard or approved third-party organizations operating under this
subpart;
    (h) The dive supervisor complies with this subpart and prepares and
updates the operations manual described in 46 CFR 197.223; the
operations manual is provided at the dive site; and all dive team
members, including the dive supervisor, are trained in, familiar with,
and compliant with the operations manual's contents;
    (i) All dive team members participate in a dive planning meeting
before each dive, that the meeting ensures that a dive plan is prepared
specific to each dive identifying the person in charge of the vessel or
facility, the dive supervisor, and the roles and responsibilities of
all dive team members, the anticipated conditions and risks that could
affect the dive and risk management measures implemented to reduce
risks; and that each dive team member reviews and signs the plan to
document participation in the meeting and agreement with the plan;
    (j) All dive team members have access to approved documentation,
manuals, guidance, policies, procedures, checklists, and any other
publications for use in planning or conducting the dive and for
properly using equipment in connection with the dive; and
    (k) The local Officer in Charge, Marine Inspection is provided with
a dive notice containing the contents specified in table 197.220(k) of
this section at least 24 hours before any commercial diving operation
begins.

            Table 197.220(k)--Dive Notice, Required Contents
------------------------------------------------------------------------
              Content                              Detail
------------------------------------------------------------------------
Contact information...............  For the CDO, dive supervisor, and
                                     PIC: Name, telephone or e-mail, or
                                     other contact information.
Date and time.....................  Scheduled start and end date and
                                     time.
Dive location.....................  Geographic position (latitude and
                                     longitude).
Diving system safety certificate..  Certificate number, date of
                                     expiration, flag administration,
                                     and issuing authority if other than
                                     the administration.
Mode..............................  Mode of diving to be used.
Support platform..................  Name of each vessel or facility
                                     providing dive support.
Work..............................  Description of work to be performed
                                     including maximum depth and
                                     exposure time.
------------------------------------------------------------------------

Sec.  197.221  Persons in charge.

    (a) The owner or operator of a vessel or facility must designate in
writing an individual to be the person in charge (PIC) of the vessel or
facility.
    (b) Where a master is designated, the master is the PIC.
    (c) The PIC must--
    (1) Participate in the dive planning meeting and sign the dive
plan;
    (2) Not allow any commercial diving operation to begin until--
    (i) The operation's dive supervisor has been designated;
    (ii) The dive supervisor provides the PIC with a report on the
nature and planned times of the planned operation; and the planned
involvement of the vessel or facility, its equipment, and its personnel
in the operation;
    (3) Not permit any commercial diving operation involving dynamic
positioning or liveboating to begin without first--
    (i) Establishing a means of rapid communication with the dive
supervisor while the diver is entering, in, or leaving the water; and
    (ii) Ensuring a boat and crew for diver pickup is provided in the
event of an emergency;
    (4) Ensure that a boat and crew for SCUBA diver pickup is provided
when SCUBA divers are not line-tended from the dive location;
    (5) Coordinate the activities of the vessel or facility with the
dive supervisor;
    (6) Ensure that the vessel or facility equipment and personnel are
kept clear of the dive location except after coordinating with the dive
supervisor;
    (7) Provide accurate and detailed plans of the area of the
facility, infrastructure, or vessel that is the subject of the work to
be performed;
    (8) Ensure that any structures or components being worked on are
prepared so as to minimize any danger that could pose a threat to the
members of the dive team;
    (9) Anticipate and monitor all conditions and risks that may affect
the commercial diving operation, ensure the availability of risk
management measures if needed, and terminate the operation if an unsafe
condition exists; and
    (10) Maintain a logbook and make it available to the Coast Guard or
approved TPOs upon request. For vessels subject to 46 U.S.C. 11301,
this may be the logbook required by that section and kept on form CG-
706. The following must be included in the logbook:
    (i) Date, time, and location at the start and completion of dive
operations;
    (ii) Approximate underwater and surface conditions (weather,
visibility, temperatures, and currents);
    (iii) Name of the dive supervisor;
    (iv) General nature of work performed; and
    (v) Maximum depth and exposure time.

Sec.  197.222  Dive supervisors.

    Each dive supervisor for a commercial diving operation has the
final authority to determine the required diving equipment, personnel,
procedures, and diving modes needed to safely accomplish the intended
task, and must--

    (a) Comply with this subpart and the applicable requirements for
dive supervisors and diving modes outlined in sections 3.0 and 4.0 of
the ADCI Standards (incorporated by reference, see 46 CFR 197.202) for
the specific modes of diving for which supervision is provided;
    (b) Ensure that diving operations conducted from a vessel or
facility subject to this subpart comply with this subpart;
    (c) Before beginning any commercial diving operation, give the
person in charge (PIC) the report required by 46 CFR 197.221(c)(2)(ii),
and coordinate with the PIC any changes that are made to that report;
    (d) Anticipate and monitor all conditions and risks that may affect
the dive, implement risk management measures as needed, and terminate
the dive if necessary to ensure dive team safety;
    (e) Conduct the dive planning meeting required by 46 CFR 197.220(i)
and draft and sign the dive plan;
    (f) Be properly trained and qualified to operate each diving system
or mode used in the operation;
    (g) Be able to read and communicate in a language clearly
understood by all members of the dive team;
    (h) Supervise and direct the actions of each dive team member;
    (i) Coordinate with the PIC to ensure that clear and prompt notice
of the commercial diving operation is given to any person, vessel,
installation, or organization whose work could interfere with or affect
the planned dive;
    (j) Maintain an official dive log with information outlined in
section 5.13 of the ADCI Standards and the--
    (1) Dive mode used;
    (2) PIC's name; and
    (3) Name, date, time, treatment, circumstances, and extent of any
fatality, injury, or illness that results in incapacitation of more
than 72 hours or requires any dive team member to be hospitalized for
more than 24 hours;
    (k) Ensure that, for each diving operation deviating from the
requirements of this subpart, the dive log records the--
    (1) Circumstances leading to the situation;
    (2) Deviation made; and
    (3) Corrective action taken to reduce the possibility of
recurrence;
    (l) Keep a record in the dive log noting where and when testing
occurred for each of the following, along with the test results--
    (1) Medical kit check (monthly);
    (2) Air compressor test;
    (3) Breathing mixture check;
    (4) Breathing supply system check;
    (5) Cleaning of diving equipment for oxygen service, including
which equipment was cleaned, the general cleaning procedure, and the
names of persons involved;
    (6) Breathing supply hose and system tests;
    (7) Breathing gas supply system inspection;
    (8) Depth gauge and timekeeping device test;
    (9) Pressure vessel for human occupancy test and inspection;
    (10) Diving equipment inspection;
    (11) Pressure piping test and inspection; and
    (12) Volume tank and cylinder test and inspection;
    (m) Supervise the planning and execution of the diving operation,
including the responsibility for the safety and health of the dive
team; and
    (n) Notify the PIC whenever decompression sickness or gas embolism
is suspected or symptoms are evident, and provide a written report on
the assessment of the decompression procedure that includes the
following:
    (1) Details of the investigation completed for each incident
including dive and decompression profiles and the composition, depth,
and time of breathing mixture changes;
    (2) Symptoms, including depth and time of onset;
    (3) Nature and results of the treatment;
    (4) Evaluation of each incident based on the investigation,
consideration of the past performance of the decompression table used,
and individual susceptibility; and
    (5) The corrective action taken to reduce the probability of
recurrence.

Sec.  197.223  Operations manual.

    (a) Each dive supervisor must provide the operations manual to the
person in charge (PIC) prior to commencement of any diving operation
and make it available at the dive location to all members of the dive
team.
    (b) The dive supervisor must modify the operations manual to
reflect any change in the configuration or operation of the vessel or
facility or in the specific diving operation as planned.
    (c) The operations manual must provide for the safety and health of
the divers, and must address the--
    (1) Safety procedures and checklists for each diving mode used;
    (2) Assignments and responsibilities of each dive team member for
each diving mode used;
    (3) Equipment procedures and checklists for each diving mode used;
    (4) Dive team members' drills and training;
    (5) Procedures for conducting a job safety analysis; and
    (6) Procedures to be taken before, during, and after a dive for
each diving mode conducted.
    (d) The operations manual must also provide emergency procedures in
the event of--
    (1) Fire;
    (2) Equipment failure;
    (3) Adverse environmental conditions including, but not limited to,
weather and sea state;
    (4) Medical illness;
    (5) Injuries; and
    (6) Barotrauma.
    (e) The operations manual must also provide procedures dealing with
the use of--
    (1) Hand-held power tools;
    (2) Welding and burning equipment; and
    (3) Explosives.

Sec.  197.224  Operational duties in the event of marine casualty or
serious marine incident.

    (a) In the event of a marine casualty or a serious marine incident
the commercial diving operator must--
    (1) Ensure that the commercial diving operation is suspended as
soon as all actions have been taken to protect the safety of life and
the environment, and resumed only after all commercial diving employees
have fully complied with the reporting requirements of 46 CFR part 4
and this section;
    (2) Analyze the event and take all reasonable action required to
prevent further events from occurring;
    (3) Arrange for a timely post-casualty audit to be conducted in
accordance with 46 CFR 197.211;
    (4)(i) Ensure that any equipment that may have contributed to the
event is immediately removed from service and secured against
unauthorized access and any change in its material condition is
recorded;
    (ii) Ensure that any repair to the equipment described in paragraph
(a)(4)(i) of this section and any deviation from the requirements of
paragraph (a)(4)(i) are reported to the local Officer in Charge, Marine
Inspection (OCMI) as soon as possible;
    (iii) Ensure that any equipment described in paragraph (a)(4)(i) of
this section and any documentation relating to the event is retained,
made available to the OCMI upon request, and not disposed of until the
OCMI gives written permission; and
    (5) Ensure that the commercial diving operation and all commercial
diving employees comply with any conditions imposed by the OCMI to
protect life, property, or the environment.

    (b) In addition to the reporting requirements of 46 CFR subpart
4.05 and 33 CFR 146.30 and 150.815, the person in charge (PIC) must
notify the OCMI as soon as possible after a diving casualty occurs if
the casualty involves loss of life or a diving-related injury that
causes incapacitation for more than 72 hours or hospitalization for
more than 24 hours.
    (c) The notice required in paragraph (b) of this section must
contain the--
    (1) Name and official number (if applicable) of the vessel or
facility;
    (2) Name of the owner or operator of the vessel or facility;
    (3) Name of the PIC;
    (4) Name of the dive supervisor;
    (5) Description of the casualty including presumed cause;
    (6) Maximum depth and exposure time; and
    (7) Nature and extent of the injury.
    (d)(1) In addition to the notice required in paragraph (b) of this
section, the PIC must provide a written report in accordance with 46
CFR subpart 4.05 within 5 days of the casualty.
    (2) When the marine casualty or serious marine incident occurs on a
vessel's diving installation, the report must be submitted on Form
CG2692. When the marine casualty or serious marine incident occurs on a
facility's diving installation, the report can be in narrative written
form if it contains the information required in paragraph (c) of this
section and the information required to be submitted on Form CG2692.
    (3) The report must be accompanied by a copy of the dive supervisor
investigation report required in 46 CFR 197.222(n) when decompression
sickness is involved.
    (4) The report must include information relating to alcohol or drug
involvement as required in 46 CFR 4.05-12.
    (e) Each dive supervisor must promptly notify the PIC of any
diving-related casualty, accident, or injury.
    (f) The owner, agent, or PIC of a vessel or facility for which a
report of casualty is made under paragraph (d) of this section must
retain all records onboard that are maintained on the vessel or
facility and those records required by this subpart, including all
logbooks and reports, for 6 months after the report of a casualty is
made or until advised by the OCMI that records need not be retained
onboard, and must make them available for examination by any Coast
Guard official or approved third-party organization authorized to
investigate the casualty.
    (g) Each CDO and owner of a vessel or facility that determines that
a casualty or incident is, or is likely to become, a serious marine
incident, must comply with the applicable chemical testing and
reporting requirements outlined in 46 CFR subpart 4.06.

Sec.  197.225  Safety management system.

    (a) Each commercial diving operator, and each vessel or facility
owner that permits a commercial diving operation to take place on board
or at the facility, must conduct the internal and external audits
required by 46 CFR 197.210 and 197.211 and must conduct operations in
accordance with a safety management system meeting the requirements of
ISO 9001-2008, or equivalent standard recognized by the Office of
Design and Engineering Standards, Commandant (CG-ENG).
    (b) Each vessel engaged on an international voyage and subject to
the International Convention for the Safety of Life at Sea must be
operated in accordance with a Safety Management System meeting the
requirements of the International Safety Management Code.
    Sec. Sec.  197.226-197.239 [Reserved]

Personnel Training and Qualifications

    197.240 General requirements.
    (a) Each commercial diving employee employed in a commercial diving
operation must have the knowledge, skills, experience, training, and
certification necessary to perform the duties to which he or she is
assigned and must meet the requirements of the role to which he or she
is assigned as outlined in section 3 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202), except insofar as it
has been modified by this subpart.
    (b) Each commercial diving team member must be trained in and
maintain valid certification for cardiopulmonary resuscitation (CPR)
and first aid (American Red Cross standard course or equivalent).

Sec.  197.241  Standby divers.

    (a) No standby diver may perform any other duty that might
interfere with his or her duties as a standby diver while another diver
is in the water.
    (b) Each standby diver must--
    (1) Be fully dressed and able to enter the water in less than 1
minute and when directed to do so by the dive supervisor;
    (2) Stay in the immediate location of the dive and dive support
equipment while a diver is in the water; and
    (3) Stay aware of events and conditions relevant to the dive.

Sec.  197.242  Dive supervisors.

    (a) Except insofar as it has been modified by this subpart, each
dive supervisor of a commercial diving operation must meet the
requirements for the specific mode of diving being supervised, as
outlined in section 3 of the ADCI Standards (incorporated by reference,
see 46 CFR 197.202).
    (b)(1) A surface-supplied air dive supervisor must meet the
requirements of a surface-supplied air diver, and complete at least 150
dives serving as a qualified surface-supplied air diver.
    (2) A mixed-gas dive supervisor must meet the requirements of a
mixed-gas diver and--
    (i) Complete at least 150 mixed-gas dives as a qualified mixed-gas
diver; and
    (ii) Complete at least 150 dives as a surface-supplied air diving
supervisor.
    (3) A saturation dive supervisor must meet the requirements of a
saturation diver, and--
    (i) Complete at least 150 dives as a saturation diver; and
    (ii) Complete at least 150 dives as a mixed-gas diving supervisor.

Sec.  197.243  Divers and dive tenders.

    (a) Except insofar as it has been modified by this subpart, each
diver and dive tender for a commercial diving operation must meet the
commercial diving training requirements of section 2.2 and the diving
personnel responsibilities, qualifications and certification
requirements of section 3 of the ADCI Standards (incorporated by
reference, see 46 CFR 197.202).
    (b) In lieu of the requirements in section 3.5.3(a) and (b) of the
ADCI Standards (incorporated by reference, see 46 CFR 197.202), a
mixed-gas diver must complete at least 100 dives as an air diver; and
complete at least 50 dives as tender to a mixed-gas diver.
    (c) In lieu of the requirements in section 3.7.3(a) and (b) of the
ADCI Standards (incorporated by reference, see 46 CFR 197.202), a
saturation diver must complete at least 200 dives as an air or mixed-
gas diver; and complete at least 100 dives as a mixed-gas diver.
    (d) A commercial diver or dive tender conducting diving operations
prior to (30 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE) and having
more than 5 years of commercial diving experience is exempt from having
to meet the formal training requirements specified in section 2.2.1 of
the ADCI Standards (incorporated by reference, see 46 CFR 197.202).
    (e) A commercial diver or dive tender conducting diving operations
prior to (30 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE) and having
less than 5 years of commercial diving experience must meet the formal
training requirements specified in

section 2.2.1 of the ADCI Standards (incorporated by reference, see 46
CFR 197.202) not later than 3 years after (30 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE).

Sec.  197.244  Life-support technicians.

    Each life-support technician for a commercial diving operation must
meet the requirements of section 3.9 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202).

Sec.  197.245  Saturation technicians.

    Each saturation technician for a commercial diving operation must
meet the requirements of section 3.10 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202).

Sec.  197.246  Individuals conducting underwater burning, welding, or
exothermic cutting.

    Each individual conducting underwater burning, welding, or
exothermic cutting must provide the commercial diving operator and dive
supervisor with documentation showing successful completion of a course
for underwater welding, burning, and cutting containing curriculum
based on ANSI/ACDE-01-2009 (incorporated by reference, see 46 CFR
197.202) and successful completion of a written and practical exam
based on ANSI/ISO 15618 (incorporated by reference, see 46 CFR
197.202).

Sec.  197.247  Diver medical technicians.

    Each individual acting as a diver medical technician must meet the
requirements for commercial divers outlined in 46 CFR 197.243(a), be
trained as an emergency medical technician according to the National
Association of Emergency Medical Technicians, and be trained as a
certified medical technician according to the National Board of Diving
and Hyperbaric Medical Technology.

Sec. Sec.  197.248-197.249   [Reserved]

Health and Medical Requirements

Sec.  197.250  Medical examinations.

    (a) Except insofar as it has been modified by this subpart, each
commercial diving employee subjected to hyperbaric conditions must
comply with section 2.3 of the ADCI Standards (incorporated by
reference, see 46 CFR 197.202).
    (b) Each commercial diving employee subjected to hyperbaric
conditions must--
    (1) Be physically and mentally able to safely wear and operate any
required equipment, tools, and safety gear necessary to accomplish
diving operations or otherwise be exposed to hyperbaric activities
without undue danger to themselves or others;
    (2) At the time of hire, and at least once every 12 months
thereafter, undergo a medical examination by a licensed physician to
determine the employee's physical and cognitive ability to meet the
standard described in paragraph (b)(1) of this section, and must ensure
that he or she provides the commercial diving operator and the dive
supervisor with a written medical report from his or her attending
physician that includes the--
    (i) Date of the examination;
    (ii) Physician's name, business address, and telephone number; and
    (iii) Physician's medical determination of fitness for diving or
otherwise being subjected to hyperbaric conditions, and any
restrictions or limitations that would apply to work activities.

Sec.  197.251  Pre-operational verification.

    (a) Before each commercial diving operation, the commercial diving
operator (CDO) and the dive supervisor must ensure that each person who
may be subjected to hyperbaric conditions has complied with 46 CFR
197.250.
    (b) No CDO or dive supervisor may knowingly--
    (1) Expose an employee to hyperbaric conditions if the employee has
not complied with the requirements of this subpart; or
    (2) Use the employee in a manner that is not consistent with any
restrictions or limitations listed by a physician under 46 CFR
197.250(b)(2)(iii).
    (c) Each CDO and dive supervisor must ensure that no dive team
member is under the influence of alcohol, a dangerous drug, or a legal
prescription or non-prescription medication whose use is inadvisable by
a medical physician while performing the duty to which the person is
assigned.

Sec.  197.252  Work hours.

    Each commercial dive operator and dive supervisor must ensure that
each dive member is provided the opportunity to obtain at least 12
hours of rest within any 24-hour period, except in an emergency or
drills that may be required in accordance with 46 CFR 15.710(d).

Sec.  197.253  Ascent to altitude after diving or flying after diving.

    Commercial divers leaving a dive site and traveling over mountains
or departing by air must comply with Chapter 9-14 of the U.S. Navy
Diving Manual (incorporated by reference, see 46 CFR 197.202).

Sec. Sec.  197.254-197.259   [Reserved]

Specific Operations

Sec.  197.260  Operations with potential for differential pressures in
adjacent areas.

    Each commercial diving operator performing a commercial diving
operation that has the potential for developing differential pressures
in adjacent areas must comply with section 5.17 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202), and ensure that the
recommendations outlined in section 5.17.3 of the ADCI Standards are
implemented.

Sec.  197.261  Operations conducted from a dynamic positioning vessel.

    (a) Each commercial diving operator (CDO) performing commercial
diving operations from a vessel using a dynamic positioning (DP) system
must comply with section 8.3 of the ADCI Standards (incorporated by
reference, see 46 CFR 197.202).
    (b) Each CDO to whom this section applies must--
    (1) Ensure that the DP system for the vessel is periodically
inspected, tested, and maintained in accordance with the applicable
manufacturer and/or classification society requirements for the
specific DP system used;
    (2) Ensure that periodic inspections, tests, and maintenance for
the DP system on the vessel are recorded in the logbook required by 46
CFR 197.221(c)(10); and
    (3) Ensure that the onboard dive location is not located within 5
meters of a propulsion source.

Sec.  197.262  Operations conducted from a vessel that is liveboating.

    Each commercial diving operator performing commercial diving
operations from a vessel that is liveboating must comply with section
8.2 of the ADCI Standards (incorporated by reference, see 46 CFR
197.202) and must notify the person in charge before a diver enters or
exits the water.

Sec.  197.263  Operations involving SCUBA.

    Each commercial diving operator performing commercial diving
operations involving the use of a self-contained underwater breathing
apparatus must comply with section 4.2 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202), and must ensure that a
boat is available for diver pickup when a diver is not line-tended from
the dive location.

Sec.  197.264  Operations involving multiple dives by a diver.

    Each commercial diving operator requiring divers to engage in
multiple

dives must first make sure that equivalent air depth calculations are
determined by the dive supervisor and the diver, and that those
calculations are entered into the Standard Navy Air Tables contained in
the U.S. Navy Dive Manual (incorporated by reference, see 46 CFR
197.202) to determine the subsequent dive profile.

Sec.  197.265  Operations in which a diver's decompression is required,
but has been omitted.

    Commercial diving operators must ensure that the procedures
identified in the U.S. Navy Diving Manual, Sixth Edition (incorporated
by reference, see 46 CFR 197.202) are followed when a diver's
decompression is required but has been omitted.

Sec.  197.266  Operations in contaminated water.

    Commercial diving operations conducted in contaminated water must
comply with section 5.38 of the ADCI Standards (incorporated by
reference, see 46 CFR 197.202).

Sec.  197.267  Operations involving underwater welding and burning.

    Commercial diving operations involving underwater welding and
burning must comply with section 5.31 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202).

Sec. Sec.  197.268-197.269   [Reserved]

Equipment

Sec.  197.270  General requirements.

    (a) Each diving installation used on each vessel or facility
subject to this subpart must comply with this subpart.
    (b) In addition to the requirements of this subpart, equipment that
is permanently installed on vessels and is part of the diving
installation must comply with subchapters F and J of this chapter or
other equivalent standards acceptable to the Office of Design and
Engineering Standards, Commandant (CG-ENG).
    (c) All equipment used to support a commercial diving operation,
including, but not limited to, breathing gas hoses, umbilicals,
compressor systems, volume tanks, compressed-gas cylinders, pressure
vessels for human occupancy, diving ladders and stages, launch and
recovery systems, entry and egress systems, emergency evacuation
systems, helmets, masks, harnesses, gauges, timekeeping devices, and
diver's dress must meet the applicable equipment requirements outlined
in the ADCI Standards (incorporated by reference, see 46 CFR 197.202),
in addition to the requirements of this subpart.
    (d) A modular or packaged commercial diving unit placed aboard a
vessel for use in a commercial diving operation must have documentation
indicating that the unit and its installation have been reviewed and
approved for its intended use by a recognized classification society
that meets the requirements of 46 CFR part 8, or by another
organization acceptable to the Office of Design and Engineering
Standards, Commandant (CG-ENG).
    (e) Where a hyperbaric lifeboat is provided as an emergency
evacuation system it must--
    (1) Be used for no other purpose;
    (2) Not be counted to meet applicable carriage requirements for
survival craft;
    (3) Meet the hyperbaric evacuation system requirements of IMO
Resolution A.692(17) (incorporated by reference, see 46 CFR 197.202);
and
    (4) Be type-approved by a recognized classification society as
defined in 46 CFR 8.100, or issued a Coast Guard approval certificate
under approval series 160.135.

Sec.  197.271  Commercial diving operator's general equipment duties.

    (a) Each commercial diving operator (CDO) must ensure all
commercial diving employees comply with this subpart and document
compliance with paragraphs (b) through (e) of this section in an
equipment maintenance logbook.
    (b) The CDO must maintain, inspect, test, and use all equipment in
accordance with the manufacturer's recommendations.
    (c) The CDO must inspect, maintain, and repair all equipment in
accordance with a documented maintenance system that designates the
person or persons authorized to perform inspection and maintenance and
that includes the following for each item of equipment--
    (1) A permanently marked (by the manufacturer or equipment owner)
unique identification number; except that no number is required for
consumable supplies;
    (2) A description and timeframes for periodic tests and
maintenance, whether regularly scheduled or to be performed after
repair or modification;
    (3) Cable and lifting component certificates; and
    (4) Manufacturer service life specifications, including the
equipment's date of entry into dive service and recommended date of
removal from service.
    (d) The CDO must ensure that all equipment used for commercial
diving operations is repaired or modified in accordance with
manufacturer's recommendations by technicians certified by the
manufacturer to make repairs or modifications.
    (e) The CDO must ensure that any non-conforming equipment is
physically destroyed, stored, displayed, or otherwise removed from
service to prevent its use and marked or tagged to indicate why it was
removed and whether the removal is temporary or permanent.

197.272   Person in charge's equipment duties.

    Each person in charge (PIC) of a facility or a vessel providing
equipment or support systems identified in this subpart and used by the
commercial diving operator must document compliance with the
manufacturer's equipment maintenance requirements in an equipment
maintenance logbook. The PIC must keep the logbook for at least 5 years
and make it available for inspection by the dive supervisor at the dive
location.

197.273   Dive supervisor's equipment maintenance logbook duties.

    Each dive supervisor must keep the equipment maintenance logbook
required by 46 CFR 197.272 and make it available for inspection at the
dive location.

197.274   Diver's equipment duties.

    Each diver using personal dive equipment must maintain, inspect,
and use the equipment in accordance with the manufacturer's
specifications and this subpart. Before using personal equipment, the
diver must provide the person in charge and the dive supervisor with
documentation showing compliance with this requirement.

Sec.  197.275  Volume tanks.

    (a) Each commercial diving operator (CDO) must ensure that each
volume tank used in a diving system for a commercial diving operation
complies with section 6.11.1 of the ADCI Standards (incorporated by
reference, see 46 CFR 197.202).
    (b) Each CDO must ensure that each volume tank--
    (1) Is equipped with intakes located away from areas containing
internal combustion engine exhaust fumes or other hazardous
contaminants; and
    (2) Has an efficient filtration system if the tank is in a
compressor used to supply breathing air to a diver.

Sec.  197.276  Compressed gas cylinders.

    Each commercial diving operator must ensure that each compressed
gas cylinder--
    (a) Complies with section 6.11.2 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202);
    (b) Complies with the applicable requirements of 49 CFR part 173,

subpart G; 46 CFR part 178, subpart C; and 46 CFR part 180, subpart C;
and
    (c) Is tested after any repair, modification, or alteration to the
pressure boundaries.

Sec.  197.277  Pressure vessels for human occupancy.

    (a) Each commercial dive operator must ensure that each pressure
vessel for human occupancy (PVHO) complies with section 6.12 of the
ADCI Standards (incorporated by reference, see 46 CFR 197.202); is
designed, constructed, tested, and maintained (including any pressure
relief device and associated systems) in accordance with ASME PVHO-1
(incorporated by reference, see 46 CFR 197.202); or complies with the
design and classification requirements of a classification society
recognized in accordance with 46 CFR part 8; and complies with
paragraphs (b) through (g) of this section.
    (b) Each PVHO must--
    (1) Have a check valve located on the outside of the PVHO within 1
foot of the pressure boundary on all piping exclusively carrying fluids
into the PVHO;
    (2) Have a pressure gauge in the interior of each compartment that
is--
    (i) Designed for human occupancy; and
    (ii) Capable of having the compartment pressure controlled from
inside the PVHO;
    (3) Have a protective device on the inlet side of PVHO exhaust
lines; and
    (4) Have a means of overriding and controlling from the exterior
all interior breathing and pressure supply controls.
    (c) Each closed bell must meet the requirements of this section and
have lifting equipment attached to the closed bell capable of returning
the occupied closed bell when fully flooded to the dive location.
    (d) Each closed bell must have a life support capability for the
intact closed bell and its occupants for:
    (1) Twelve hours after an accident severing the umbilical to the
surface when the umbilical to the surface is the only installed means
of retrieving the closed bell; or
    (2) A period of time, at least equal to 1 hour plus twice the time
required to retrieve the bell from its designed operating depth and
attach an auxiliary life support system, after an accident severing the
umbilical to the surface when the umbilical is one of the two
independent installed means of retrieving the closed bell, each meeting
the requirements of this paragraph (d).
    (e) Each closed bell must be capable of attachment to another PVHO
that allows the transfer of personnel and diver's equipment under
pressure from the closed bell to a PVHO that--
    (1) Meets the requirements of this section;
    (2) Is capable of attachment to a decompression chamber meeting the
requirements of this section; and
    (3) Allows the transfer of personnel and diver's equipment under
pressure from the PVHO to the decompression chamber.
    (f) Each open bell must meet the requirements of section 6.8.2 of
the ADCI Standards or other equivalent standard accepted by the Office
of Design and Engineering Standards, Commandant (CG-ENG).

Sec.  197.278  Pressure piping.

    Each piping system that is not an integral part of the vessel or
facility, but is carrying fluids under pressures exceeding 15 pounds
per square inch gauge, must be designed, maintained, and repaired in
accordance with ASME B31.1 (incorporated by reference, see 46 CFR
197.202) or other equivalent standard accepted by the Office of Design
and Engineering Standards, Commandant (CG-ENG), and must have the point
of connection to the integral piping system of the vessel or facility
clearly marked.

Sec.  197.279  First aid and treatment equipment.

    (a) First aid and treatment equipment used at a commercial diving
operation must comply with sections 5.4 and 5.20 of the ADCI Standards
(incorporated by reference, see 46 CFR 197.202) or other equivalent
standard accepted by the Office of Operating and Environmental
Standards, Commandant (CG-OES) and must comply with this subpart.
    (b) The location of each commercial diving operation must have--
    (1) A medical kit approved by a physician that includes any
additional supplies necessary to treat minor trauma and illnesses
resulting from hyperbaric exposure;
    (2) A copy of an American Red Cross Standard First Aid handbook or
equivalent; and
    (3) The capability to remove an injured diver from the water.
    (c) Each commercial diving operation must have a two-way
communications system to obtain emergency assistance, except when the
vessel or facility ship-to-shore, two-way communications system is
readily available.
    (d) Each dive location supporting mixed-gas dives, dives deeper
than 100 feet of sea water, or dives outside the no-decompression
limits must meet the requirements of paragraph (b) of this section and
have--
    (1) A decompression chamber that complies with 46 CFR 197.277;
    (2) Decompression tables;
    (3) A supply of breathing gasses sufficient to treat for
decompression sickness;
    (4) A medical kit as required by paragraph (b)(1) of this section
that can be carried into the decompression chamber and that is suitable
for use under hyperbaric conditions; and
    (5) The capability to assist an injured diver into the
decompression chamber.

Sec.  197.280  Diving ladders and stages.

    (a) Each diving ladder and stage must meet the requirements of
section 6.8 of the ADCI Standards (incorporated by reference, see 46
CFR 197.202) or other equivalent standard accepted by the Office of
Operating and Environmental Standards, Commandant (CG-OES) and must
comply with this subpart.
    (b) Each diving ladder must be firmly in place and available at the
dive location for a diver to enter or exit the water unless a diving
stage or bell is provided.
    (c) Each diving stage must have an open-grating platform and must
be available for a diver to enter or exit the water from the dive
location and must be available for in-water decompression if the diver
is--
    (1) Wearing a heavyweight diving outfit; or
    (2) Diving outside the no-decompression limits, except when a bell
is provided.

Sec.  197.281  Surface-supplied helmets and masks.

    (a) Each surface-supplied helmet or mask must meet the requirements
of section 6.4 of the ADCI Standards (incorporated by reference, see 46
CFR 197.202) or other equivalent standard accepted by the Office of
Operating and Environmental Standards, Commandant (CG-OES) and must
comply with this subpart.
    (b) Each surface-supplied air helmet or mask must--
    (1) Ventilate at least 4.5 atmospheric cubic feet per minute at any
depth at which it is operated; or
    (2) Be able to maintain the diver's inspired carbon dioxide partial
pressure below 0.02 atmospheres absolute when the diver is producing
carbon dioxide at the rate of 1.6 standard liters per minute; and
    (3) Have an exhaust valve.

Sec.  197.282  Diver's safety harness.

    Each safety harness used in surface-supplied diving must meet the
requirements of section 6.3.4 of the ADCI Standards (incorporated by

reference, see 46 CFR 197.202) or other equivalent standard accepted by
the Office of Operating and Environmental Standards, Commandant (CG-
OES), and it must have an attachment point for the umbilical life line
that distributes the pulling force of the umbilical over the diver's
body and prevents strain on the mask or helmet.

Sec.  197.283  Buoyancy-changing devices.

    (a) A dry suit or other buoyancy-changing device not directly
connected to the exhaust valve of the helmet or mask must have an
independent exhaust valve.
    (b) When used for SCUBA diving, a buoyancy-changing device must
have an inflation source separate from the breathing gas supply.

Sec.  197.284  Inflatable flotation devices.

    An inflatable flotation device for SCUBA diving must--
    (a) Be capable of maintaining the diver at the surface in a face-up
position;
    (b) Have a manually activated inflation device;
    (c) Have an oral inflation device;
    (d) Have an over-pressure relief device; and
    (e) Have a manually operated exhaust valve.

Sec.  197.285  Oxygen safety.

    (a) Equipment used with oxygen or oxygen mixtures greater than 40
percent by volume must be designed for that use.
    (b) Oxygen systems with pressures greater than 125 pounds per
square inch gauge must have slow-opening shut-off valves; except that
pressure boundary shut-off valves may be ball valves.
    (c) The dive supervisor must ensure that equipment used with oxygen
or oxygen mixtures greater than 40 percent by volume is cleaned of
flammable materials, both before being placed into service, and after
any repair, alteration, modification, or suspected contamination.

Sec.  197.286  Miscellaneous equipment requirements.

    Each commercial diving operator must ensure that the commercial
diving operation equipment listed in table 197.286 of this section
complies with the requirements shown in that table.

           Table 197.286--Miscellaneous Equipment Requirements
------------------------------------------------------------------------
             Equipment                           Requirement
------------------------------------------------------------------------
Breathing gas supply, diver-        Must be sufficient to allow diver to
 carried reserve.                    reach surface, or another source of
                                     breathing gas if primary supply
                                     fails, or be reached by a standby
                                     diver equipped with another source
                                     of breathing gas for the diver.
                                     Unused ports must be capped off to
                                     prevent unintended loss of
                                     watertight integrity.
Breathing gas supply, primary.....  Must be sufficient to support the
                                     diver, the standby diver, and the
                                     open or closed bell when provided,
                                     for duration of planned dive; and
                                     sufficient to supply the
                                     decompression chamber, for duration
                                     of the dive, or the treatment of an
                                     injured diver plus 1 hour after
                                     dive's completion. Unused ports
                                     must be capped off to prevent
                                     unintended loss of watertight
                                     integrity.
Breathing gas supply, secondary...  Must be sufficient to support the
                                     diver while returning to the
                                     surface, the diver during
                                     decompression, the standby diver,
                                     the open or closed bell when
                                     returning the diver to surface, and
                                     the decompression chamber for
                                     duration of dive plus 1 hour after
                                     dive's completion. Unused ports
                                     must be capped off to prevent
                                     unintended loss of watertight
                                     integrity.
Oxygen............................  Oxygen used for breathing mixtures
                                     must meet the requirements of
                                     Federal Specification BB-O-925a,
                                     (incorporated by reference, see 46
                                     CFR 197.202), and be type 1
                                     (gaseous) grade A or B.
Nitrogen..........................  Nitrogen used for breathing mixtures
                                     must meet the requirements of
                                     Federal Specification BB-N-411c,
                                     (incorporated by reference, see 46
                                     CFR 197.202), be type 1 (gaseous);
                                     class 1 (oil free); and grade A, B,
                                     or C.
Helium............................  Helium used for breathing mixtures
                                     must be grades A, B, or C produced
                                     by the Federal government, or
                                     equivalent.
Compressed air....................  Compressed air used for breathing
                                     mixtures must meet the standards of
                                     the Compressed Gas Association
                                     Publications G-7 and G-7.1
                                     (incorporated by reference, see 46
                                     CFR 197.202).
Diving system power...............  Must minimize risk of injury, fire,
                                     explosion, or exposure of personnel
                                     to emissions or negative
                                     interaction with other equipment.
                                     Provide independent backup supply
                                     that, if the primary supply is
                                     disabled, will not interfere with
                                     the power requirements of the
                                     vessel or facility that supplies
                                     the backup, is ready for immediate
                                     use, and is sufficient to support
                                     safe termination of diving.
Equipment to which a                The date the equipment entered into
 manufacturer's service life         service, underwent repairs, and the
 specification applies.              date the service life expires must
                                     be entered into the equipment
                                     logbook.
Equipment used with oxygen mixture  Must be marked ``FOR OXYGEN USE
 greater than 23.5 percent by        ONLY'' and cleaned in accordance
 volume.                             with Compressed Gas Association
                                     Publication G-4.1 (incorporated by
                                     reference, see 46 CFR 197.202).
Gauges and timekeeping devices....  A diver depth gauge (if the dive is
                                     surface supplied) and timekeeping
                                     device must be at each dive
                                     location. All gauges and timepieces
                                     must be calibrated according to
                                     manufacturer's specifications.
                                     Devices for monitoring diver
                                     exposure time under pressure must
                                     be easily readable.
Oxygen system, pressure greater     Slow-opening shut-off valves must be
 than 125 psi(g).                    provided, except for pressure
                                     boundary shut-off valves, which may
                                     be ball valves.
Pressure piping repairs...........  Must be in accordance with ASME
                                     B31.1 (incorporated by reference,
                                     see 46 CFR 197.202) or 46 CFR part
                                     56, as applicable.
Pressure vessel repairs...........  Must be in accordance with ASME
                                     NBBPVI, ASME PVHO-1, (incorporated
                                     by reference, see 46 CFR 197.202),
                                     46 CFR part 54, or 49 CFR part 180
                                     subpart C, as applicable.
------------------------------------------------------------------------

Dive Team Staffing

Sec.  197.290  Dive team staffing requirements.

    (a) Each commercial diving operator and dive supervisor must ensure
that each diving operation is conducted with enough personnel to keep
all personnel safe, to offset anticipated risks, and to properly
perform the work. Diving operations lasting less than 12 hours, unless
otherwise specified, must meet the minimum dive team requirements set
forth in table 197.290 of this section.

     Table 197.290--Minimum Dive Team Staffing Size and Composition
------------------------------------------------------------------------
                                  Minimum dive      Minimum dive team
           Operation                team size          composition
------------------------------------------------------------------------
Saturation diving *............           14 **  2 Dive supervisors, 2
                                                  Divers, 2 Standby
                                                  divers (see note 1), 4
                                                  Dive tenders, Life-
                                                  support technician
                                                  supervisor, Life-
                                                  support technician,
                                                  Saturation system
                                                  technician supervisor,
                                                  Saturation system
                                                  technician.
SCUBA..........................               4  Dive supervisor, Diver,
                                                  Tender (see note 2),
                                                  Standby diver (see
                                                  note 1).
Surface-supplied air diving....               5  Dive supervisor, Diver,
                                                  Tender (see note 2),
                                                  Standby diver (see
                                                  note 1), Standby diver
                                                  tender (see note 3).
Surface-supplied diving, mixed-               5  Dive supervisor, Diver,
 gas.                                             Tender (see note 2),
                                                  Standby diver (see
                                                  note 1), Standby diver
                                                  tender (see note 3).
------------------------------------------------------------------------
Notes:
1. A standby diver must be fully dressed and either staged in the water
  as a safety diver, or capable of entering the water within 1 minute,
  at the dive supervisor's direction, to support a diver in distress.
2. The tender's only duty is to support the working diver to which
  assigned.
3. A standby diver tender may perform other duties directly supporting
  the dive in progress, except when the tender's standby diver is
  deployed.
* Staffing standards reflects operations exceeding 12-hour work cycles.
** With the exception of the supervisors and technicians, one member of
  the team shall be a diver medical technician.

    (b) Dive supervisors must ensure that the minimum dive team
requirements shown in table 197.290 are met based on one dive and any
applicable decompression time required. When necessary, dive
supervisors may increase manning levels and may require additional
equipment for any diving in excess of one dive and any applicable
decompression time required.
    (c) Commercial dive operators and dive supervisors must ensure that
proper pre-job planning is conducted in accordance with 46 CFR
197.220(i) to ensure that the necessary levels of personnel and
equipment are available for all commercial diving operations.
    (d) Mixed gas commercial diving operations must include a life
support technician dedicated for the purpose of operating the mixed gas
system.

Sec. Sec.  197.303-197.309   [Reserved]

    Dated: January 30, 2015.
J.G. Lantz,
Director of Commercial Regulations and Standards, United States Coast
Guard.
[FR Doc. 2015-02714 Filed 2-18-15; 8:45 am]
BILLING CODE 9110-04-P