[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54441-54449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26303]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 94-025]
RIN 2115-AE77


Commercial Fishing Industry Vessel Regulations for Aleutian Trade 
Act Vessels

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is issuing regulations for U.S. commercial 
fishing industry vessels subject to the Aleutian Trade Act (ATA) of 
1990. This rule promulgates a new subpart regulating certain equipment 
requirements and operating procedures for fish tender vessels operating 
in the Aleutian trade. These regulations allow for continued cargo 
service by water to remote communities in Alaska while ensuring 
increased safety standards for the vessels engaged in this trade.

DATES: This final rule is effective on April 22, 1996. The Director of 
the Federal Register approves as of April 22, 1996 the incorporation by 
reference of certain publications listed in the regulations.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 94-025). 
U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 
20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark D. Bobal, Office of Marine Safety, (G-MOS-2), 
Room 1210, U.S. Coast Guard Headquarters, Washington, D.C. 20593-0001, 
(202) 267-0214.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 19, 1990, the Coast Guard published a notice of proposed 
rulemaking (NPRM) for Commercial Fishing Industry Vessels (55 FR 
14924). In the NPRM, the Coast Guard proposed to regulate U.S. 
documented or state numbered uninspected fishing, fish processing, and 
fish tender vessels, including vessels engaged in the Aleutian Trade, 
to implement the provisions of the Commercial Fishing Industry Vessel 
Safety Act of 1988. Subsequent to the NPRM, Congress enacted the 
Aleutian Trade Act of 1990 (ATA), significantly affecting the impact of 
the proposed regulations on vessels engaged in the Aleutian trade.
    As a result of the ATA the Coast Guard published a supplemental 
notice of proposed rulemaking, (SNPRM), in the Federal Register on 
October 27, 1992 (57 FR 48670). The Coast Guard received over 206 
comments specifically opposing, and only 4 comments favoring, the 
proposed ATA regulations.
    On September 13, 1994, the Coast Guard published a second SNPRM 
entitled Commercial Fishing Industry Vessel Regulations for Aleutian 
Trade

[[Page 54442]]

Act Vessels in the Federal Register (59 FR 47034) incorporating the 
comments received from the October 1992 SNPRM. Due to a publishing 
error, the commenting period was extended to December 31, 1994 in the 
Federal Register  (59 FR 60117). The Coast Guard received 8 letters 
commenting on the proposal. No public hearing was requested, and none 
was held.

Background and Purpose

The Aleutian Trade Act of 1990

    On November 16, 1990, the President signed Pub. L. 101-595, The 
Aleutian Trade Act of 1990 (``the ATA''). The ATA applies only to fish 
tender vessels engaged in the transportation of cargo (including 
fishery related products) for hire to or from a place in Alaska west of 
153 deg. West longitude and east of 172 deg. East longitude and only, 
if that place receives weekly common carrier service by water, to or 
from a place in the United States (except a place in Alaska). The ATA 
requires these fish tender vessels to meet new safety and manning 
standards over a specified period of time. Additional background 
information concerning the ATA and the Coast Guard's interpretation of 
the Act, may be found at page 48670 of the SNPRM published October 27, 
1992. The Coast Guard has compared this rule to international standards 
and determined that it does not establish a requirement in excess of 
international standards.

Discussion of Comments and Changes

    In responses to the SNPRM of September 13, 1994, eight letters were 
submitted. Some of these were very detailed, while others contained 
broad comments and opinions. Each letter was given consideration in the 
development of this final rule. The following paragraphs respond to the 
comments received to the SNPRM and the changes made to each section.
    One general comment concerned the implementation date of these 
regulations in light of possible modifications that might be needed in 
order to comply with certain requirements, such as deck rails and hand 
grabs, found in Sec. 28.810. The Coast Guard agrees and has made the 
final rules effective 6 months from the publishing date.
Subpart A--General Provisions

Section 28.50  Definition of Terms Used in This Part

    A comment was received to better define who in the Coast Guard 
organization falls under the term used in this section. The term Coast 
Guard Representative when referring to a member of the Coast Guard is 
limited to persons employed at the cognizant U.S. Coast Guard Marine 
Safety Office or Marine Inspection Office. The intent was not to have 
Coast Guard Cutters or small boat station personnel perform a general 
or partial survey, or be notified of repairs and/or alterations on 
Aleutian Trade Act Vessels.
    The Coast Guard also received comments asking what the definition 
of a ``qualified vessel'' is under the Aleutian Trade Act. The Coast 
Guard intended this term to include fish tender vessels engaged in the 
Aleutian trade meeting the requirements of 46 USC 4502 (c)(1); however, 
the term no longer appears in the rule.
    The following is a list of fish tender vessels that the Coast Guard 
believes meet the statutory requirements of the ATA. Any vessels newly 
entering the service, or which undergo major conversion, will have to 
meet the standards of 46 CFR Subpart D. The following list was 
originally published in the Congressional Record--House on October 27, 
1990. The vessels are:

------------------------------------------------------------------------
                                                               Official 
                        Vessel name                              No.    
------------------------------------------------------------------------
MARLIN.....................................................       568721
TARPON.....................................................       576033
SCULPIN....................................................       587573
BOWFIN.....................................................       604231
DOLPHIN....................................................       617019
ALEUT PACKER...............................................       580852
CAPELIN....................................................       506241
SALLY J....................................................       620431
YELLOWFIN..................................................       927811
REDFIN.....................................................       656674
EASTERN WIND...............................................       964583
NORTHERN WIND..............................................       969815
COASTAL NOMAD..............................................       686157
COASTAL RANGER.............................................       520075
COASTAL TRADER.............................................       285716
COASTAL VOYAGER............................................       284906
MOKAHANA...................................................       266658
SUNMAR SEA.................................................    \1\666754
SUNMAR SKY.................................................       683227
SUNMAR STAR................................................   \2\7119678
------------------------------------------------------------------------
\1\Now called COASTAL SEA.                                              
\2\Correct O.N. 971086.                                                 

Subpart G--Aleutian Trade Act Vessels

Section 28.800  Applicability and General Requirements

    One comment was received concerning the provision of having an 
incline test performed by a marine surveyor. It was noted that there is 
a very limited pool of marine surveyors that are qualified to perform 
incline experiments. However, no changes are being made to this 
requirement because the law specifically requires marine surveyors for 
the incline test.

Section 28.815  Bilge Pumps, Bilge Piping, and Dewatering Systems

    Four comments were received questioning the rating terminology used 
to describe the portable bilge pump, i.e. ``capable of dewatering each 
space at the rate of two inches per minute'', which may be used in 
satisfying the requirement for a second bilge pump, as opposed to the 
rating terminology of the required portable fire pump in section 28.820 
i.e. ``9500 GPH''. It was argued the same pump should be allowed to 
satisfy the requirements of both. The Coast Guard agrees and, in fact, 
the original intent was to allow one portable pump to suffice for the 
two; however a sizing or rating problem arises in attempting to set a 
minimum standard for a single pump that is capable of accomplishing two 
purposes (i.e. high pressure output for firefighting, and yet high 
volume for emergency dewatering). In consideration of the comments the 
Coast Guard has removed the above described dewatering rate, and 
revised the pump rating to a common GPM (gallons per minute) 
requirement for both pump cites.
    Another comment dealt with the general concern of why two separate 
independent sources of power are required for the bilge pumps. In the 
original proposal, the Coast Guard wanted these vessels to have an 
emergency generator located above the machinery level to ensure backup 
power in time of emergency for firefighting or dewatering. There was 
much opposition to this proposal. However after first hand assessment 
and ship rides aboard these vessels in the Gulf of Alaska by Coast 
Guard traveling inspectors, it was determined that an equivalent level 
of safety was necessary and is served by the alternate source of power 
requirement.

Section 28.820  Fire Pumps, Fire Mains, Fire Hydrants, and Fire Hoses

    This section was revised to allow one pump to meet this section as 
well as Sec. 28.815. This requires one power driven fire pump, 
connected to fixed piping, capable of delivering water at a minimum of 
50 gallons per minute with a pressure of not less than 60 pounds per 
square inch at the pump outlet.

Section 28.825  Excess Fire Detection and Protection Equipment

    One comment was concerned with the use of the term ``Water Spray 
Apparatus''. To avoid confusion, the Coast Guard has dropped ``Water 
Spray Apparatus'' and ``Steam Fire Apparatus'' and replaced this 
marking requirement with the common 

[[Page 54443]]
nomenclature used to identify these systems on ATA vessels.

Section 28.835  Fuel Systems

    One comment assumed that paragraph (h) of this subsection dealing 
with positive shutoff valves was addressing mechanical reachrods only. 
This was not the intent. Air or electrically operated solenoid valves 
are acceptable. This section incorporates applicable regulations of 
subchapter F for any replacement and or alteration to the existing 
grandfathered piping. It also adds the requirement for remote shutoff 
valves on certain fuel tanks, metal shields under filters, and limits 
the length of nonmetallic flexible hose used (for vibration purposes 
only). Note: Some of the piping aboard ex-Navy yard oilers used in the 
Aleutian trade was built and installed to Navy specifications and was 
encased in cement ballast. This arrangement is grandfathered. One 
comment stated that the requirements for fuel lines to be constructed 
of seamless material was excessive. The Coast Guard never intended 
piping requirements to exceed those requirements found for cargo 
vessels in subchapter F, 46 CFR Sec. 56.50. This section has been 
rewritten to clarify the piping requirement for seamless pipe.

Section 28.880  Hydraulic Equipment

    One comment requested paragraph (e) be clarified to indicate that 
controls for operating hydraulic equipment need to be located to allow 
for an unobstructed view of the operating area, not an unobstructive 
view of the whole hydraulic system. The term ``whole hydraulic system'' 
could be construed to include the components found in the engine room. 
The Coast Guard agrees and this was changed to avoid any confusion.

Section 28.885  Cargo Gear

    One comment mistook the biennial examination in paragraph (c) to 
mean biannual (every six months). To clarify, the Coast Guard added 
``biennial, (every second year)'' to the text to reduce any confusion.

Section 28.895  Survey and Classification

    One comment questioned the lack of legislative intent in requiring 
the classing of a vessel after undergoing a major conversion. After a 
review of the legislative history of the Act, major conversion issues 
were addressed under the loadline provisions. The Coast Guard agrees 
with this comment and dropped the survey and classification section 
from this subpart.

Section 28.895  Loadlines

    This section was identified as Sec. 28.900 in the SNPRM. Two 
comments were received complaining that this section was unclear and 
confusing. One comment complained that the statutory language of the 
ATA was tortured and confusing and proposed suggested revisions to the 
regulations. To address this concern, this section was rewritten to 
clarify that loadlines are required on all fish tender vessels engaged 
in the Aleutian trade starting in 2003.

Section 28.900  Post Accident Inspection

    This section was identified as Sec. 28.905 in the SNPRM. Three 
comments were received regarding this section expressing concern that 
only Coast Guard Marine Safety Office personnel could conduct these 
inspections. The term Coast Guard Representative includes third 
parties. Two other comments were concerned that this section was 
written more as a performance standard, and possibly routine 
maintenance could fall under the repair language as written. This was 
not the intent of this section and the Coast Guard has replaced this 
section with the language found in 46 CFR Sec. 97.07-1 which deals with 
Cargo Vessel requirements found in subchapter I.

Section 28.905  Repairs and Alterations

    This section was identified as Sec. 28.910 in the SNPRM.

Section 28.910  Manning and Crew

    This section was identified as Sec. 28.915 in the SNPRM. In an 
effort to keep repetitive cites to a minimum, this section is being 
deleted since 46 U.S.C. and CFR Sec. 15 cover this section.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Sec. 28.40 for incorporation by reference under 5 U.S.C. 552 and 1 CFR 
part 51. The material is available as indicated in that section.

Regulatory Evaluation

    These regulations are not a significant regulatory action under 
section 3(f) of Executive Order 12866, and do not require an assessment 
of potential costs and benefits under section 6(a)(3) of that order. 
They have not been reviewed by the Office of Management and Budget 
under that order. These regulations are not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard estimates that 
only 20 vessels out of an estimated U.S. commercial fishing fleet in 
excess of 120,000 vessels will be affected by this rule. The Coast 
Guard believes that existing equipment on board these 20 vessels can be 
upgraded and replaced when the existing equipment is no longer 
serviceable. Therefore, the Coast Guard expects the economic impact of 
this rulemaking to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether these regulations will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include: (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields; and (2) governmental jurisdictions with 
populations of less than 50,000.
    Twenty commercial fishing industry vessels are involved in the 
Aleutian Trade. A number of these vessels are owned or operated by 
small entities. However, the Coast Guard estimates that the cost of 
complying with these regulations will be minor. Because it expects the 
impact of this rule to be minimal, the Coast Guard certifies under 5 
U.S.C 605(b) that these regulations will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This rulemaking has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 and it has been 
determined that this rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
Since this rule affects ATA vessels both inside and outside state 
waters, the Coast Guard intends to preempt State action addressing the 
same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
rulemaking and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. These 

[[Page 54444]]
rules are to enhance certain safety equipment requirements and general 
operating procedures of ATA vessels and have no significant effect on 
the environment. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 46 CFR Part 28

    Fire prevention, Fishing vessels, Incorporation by reference, 
Marine safety, Occupational safety and health, Reporting and 
recordkeeping requirements, Seamen.

    For the reasons set out in the preamble, the Coast Guard amends 
chapter I of title 46, Code of Federal Regulations part 28 as follows:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

    1. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4506, 6104, 10603; 49 U.S.C. 
app. 1804; 49 CFR 1.46.

    2. Section 28.40(b) is revised to read as follows:


Sec. 28.40  Incorporation by reference.

 * * * * *
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

American Boat and Yacht Council (ABYC),                                 
  P.O. Box 747, 405 Headquarters Dr.,                                   
   Suite 3, Millersville, MD 21108-0747:                                
    E-1-1972--Bonding of Direct Current   28.345                        
     Systems.                                                           
    E-8-1985--Alternating Current (AC)    28.345                        
     Electrical Systems on Boats.                                       
    E-9-1981--Recommended Practices and   28.345                        
     Standards Covering Direct Current                                  
     (DC) Electrical Systems on Boats.                                  
    H-2-1989--Ventilation of Boats Using  28.340                        
     Gasoline.                                                          
    H-25-1986--Portable Fuel Systems for  28.335                        
     Flammable Liquids.                                                 
    H-33-1989--Diesel Fuel Systems......  28.335                        
    P-1-1986--Installation of Exhaust     28.380                        
     Systems for Propulsion and                                         
     Auxiliary Engines.                                                 
International Maritime Organization                                     
 (IMO),                                                                 
  Publications Section, 4 Albert                                        
   Embankment, London SE1 7SR, England:                                 
    Resolution A.658(16) ``Use and        28.135                        
     Fitting of Retro-Reflective                                        
     Materials on Life-Saving                                           
     Appliances'', dated November 1989.                                 
National Fire Protection Association                                    
 (NFPA),                                                                
  60 Batterymarch Park, Quincy, MA                                      
   02269:                                                               
    70-1990--National Electrical Code     28.350; 28.370; 28.865        
     (also known as ANSI/NFPA 70-1990).                                 
    302-1989--Pleasure and Commercial     28.335; 28.340; 28.345        
     Motor Craft.                                                       
    17-1985--Dry Chemical Extinguishing   28.330                        
     Systems.                                                           
    17A-1986--Wet Chemical Extinguishing  28.330                        
     Systems.                                                           
Society of Automotive Engineers (SAE),                                  
  400 Commonwealth Drive, Warrendale, PA                                
   15096;                                                               
    SAE J 1475-1984--Hydraulic Hose       28.880                        
     Fitting for Marine Applications.                                   
    SAE J 1942-1989--Hose and Hose        28.405                        
     Assemblies for Marine Applications.                                
Underwriters Laboratories, Inc. (UL),                                   
  333 Pfingsten Rd., Northbrook, IL                                     
   60062:                                                               
    UL 217-1985--Single and Multiple      28.325; 28.830                
     Station Smoke Detectors.                                           
    UL 710-1990--Exhaust Hoods for        28.330                        
     Commercial Cooking Equipment.                                      
                                                                        

    3. Section 28.50 is amended by adding the following definitions in 
alphabetical order to read as follows:


Sec. 28.50  Definition of terms used in this part.

 * * * * *
    Aleutian trade means the transportation of cargo, including fishery 
related products, for hire on board a fish tender vessel to or from a 
place in Alaska west of 153 degrees West longitude and east of 172 
degrees East longitude if that place receives weekly common carrier 
service by water, to or from a place in the United States, except a 
place in Alaska.
 * * * * *
    Coast Guard Representative means a person employed at the cognizant 
U.S. Coast Guard Marine Safety Office or Marine Inspection Office, or 
an accepted organization, or a similarly qualified organization 
approved in examining commercial fishing industry vessels. Contact 
Chief, Vessel and Facility Operating Standard Branch, Commandant, (G-
MOS-2), U.S. Coast Guard, 2100 Second Street S.W., Washington, D.C. 
20593-0001 for a current list of accepted organizations or similarly 
qualified organizations.
 * * * * *
    4. The heading of subpart C is revised to read as follows:

Subpart C--Requirements for Documented Vessels That Operate Beyond 
the Boundary Lines or With More Than 16 Individuals On Board, or 
for Fish Tender Vessels Engaged in the Aleutian Trade

    5. Section 28.200 is revised to read as follows:


Sec. 28.200  Applicability.

    Each documented commercial fishing industry vessel must meet the 
requirements of this subpart in addition to the requirements of 
subparts A and B of this part if it:
    (a) operates beyond the Boundary Lines;
    (b) operates with more than 16 individuals on board; or
    (c) is a fish tender vessel engaged in the Aleutian trade.
    6. Part 28 is amended by adding subpart G to read:

Subpart G--Aleutian Trade Act Vessels

Sec.
28.800  Applicability and general requirements.
28.805  Launching of survival craft.
28.810  Deck rails, lifelines, storm rails and hand grabs.
28.815  Bilge pumps, bilge piping, and dewatering systems.
28.820  Fire pumps, fire mains, fire hydrants, and fire hoses.
28.825  Excess fire detection and protection equipment.
28.830  Fire detection system.
28.835  Fuel systems.
28.840  Means for stopping pumps, ventilation, and machinery.
28.845  General requirements for electrical systems.
28.850  Main source of electrical power.
28.855  Electrical distribution systems.
28.860  Overcurrent protection and switched circuits.
28.865  Wiring methods and materials.
28.870  Emergency source of electrical power.
28.875  Radar, depth sounding, and auto-pilot.

[[Page 54445]]

28.880  Hydraulic equipment.
28.885  Cargo gear.
28.890  Examination and certification of compliance.
28.895  Loadlines.
28.900  Post accident inspection.
28.905  Repairs and alterations.


Sec. 28.800  Applicability and general requirements.

    (a) This subpart applies to each fish tender vessel engaged in the 
Aleutian trade that has not undergone a major conversion and:
    (1) Was operated in Aleutian trade before September 8, 1990; or
    (2) Was purchased to be used in the Aleutian trade before September 
8, 1990, and entered into service in the Aleutian trade before June 1, 
1992.
    (b) Except as noted otherwise in this subpart, a vessel subject to 
this subpart must also comply with the requirements of subparts A, B, 
and C of this part.
    (c) Each fish tender vessel engaged in the Aleutian trade that 
undergoes a major conversion after September 15, 1991 must comply with 
the additional requirements of subpart D.
    (d) A fish tender vessel engaged in the Aleutian trade is subject 
to inspection under the provisions of 46 U.S.C. 3301 (1), (6), or (7) 
unless it:
    (1) Is not more than 500 gross tons;
    (2) Has an incline test performed by a marine surveyor; and
    (3) Has written stability instructions posted on board the vessel.


Sec. 28.805  Launching of survival craft.

    In addition to the survival craft requirements in subpart B, each 
vessel must have a gate or other opening in the deck rails, lifelines, 
or bulwarks adjacent to the stowage location of each survival craft 
which has a mass of more than 50 kilograms (110 pounds), so that the 
survival craft can be manually launched.


Sec. 28.810  Deck rails, lifelines, storm rails and hand grabs.

    (a) Except as otherwise provided in paragraph (d) of this section, 
deck rails, lifelines, grab rails, or equivalent protection must be 
installed near the periphery of all weather decks accessible to 
individuals. Where space limitations make deck rails impractical, hand 
grabs may be substituted.
    (b) The height of deck rails, lifelines, or bulkwarks must be at 
least 1 meter (39\1/2\ inches) from the deck, except where this height 
will interfere with the normal operation of the vessel, a lesser height 
may be substituted.
    (c) All deck rails or lifelines must be permanently supported by 
stanchions at intervals of not more than 2.3 meters (7 feet). 
Stanchions must be through bolted or welded to the deck.
    (d) Portable stanchions and lifelines may be installed in locations 
where permanently installed deck rails will impede normal cargo 
operations or emergency recovery operations.
    (e) Deck rails or lifelines must consist of evenly spaced courses. 
The spacing between courses must not be greater than 0.38 meters (15 
inches). The opening below the lowest course must not be more than 0.23 
meters (9 inches). Lower courses are not required where all or part of 
the space below the upper rail is fitted with a bulwark, chain link 
fencing, wire mesh, or an equivalent.
    (f) A suitable storm rail or hand grab must be installed where 
necessary in a passageway, at a deckhouse side, at a ladder, and a 
hatch where an individual might have access.


Sec. 28.815  Bilge pumps, bilge piping, and dewatering systems.

    Instead of meeting the requirements of Sec. 28.255, each vessel to 
which this subpart applies must meet the following requirements:
    (a) Each vessel must be equipped with a fixed, self priming, 
powered, bilge pump, having a minimum capacity rating of 50 gallons per 
minute, connected to a bilge manifold and piping capable of draining 
any watertight compartment, other than tanks and small buoyancy 
compartments, under all service conditions. Large spaces, such as 
engine rooms and cargo holds must be fitted with more than one suction 
line.
    (b) In addition, each vessel must be fitted with a fixed secondary 
or backup bilge pump having an independent and separate source of power 
from the pump required in paragraph (a) of this section. One of the 
bilge pumps may be attached to the propelling engine.
    (c) A portable bilge pump may substitute for the secondary pump 
required above, as long as it meets the following:
    (1) It must be self priming and provided with a suitable suction 
hose of adequate length to reach the bilges of each watertight 
compartment it must serve and be fitted with a built-in check valve and 
strainer.
    (2) The portable pump must be of at least the same minimum capacity 
as that listed in paragraph (a) of this section and fitted with a 
discharge hose of adequate length to ensure overboard discharge from 
the lowest compartment in which it can serve.
    (3) The portable pump must also be capable of being quickly and 
efficiently attached to the vessel's fixed bilge suction main and/or 
discharge piping (such as with ``camlocks'', etc.) for alternate 
emergency use.
    (d) Except for suction lines attached to an individual pump 
provided for a separate space, or for a portable pump, each individual 
bilge suction line must be provided with a stop valve at the manifold 
and a check valve at some accessible point in the bilge line to prevent 
unintended flooding of a space.
    (e) Each bilge suction line and dewatering system must be fitted 
with a suitable strainer to prevent clogging of the suction line. 
Strainers must have an open area of not less than three times the open 
area of the suction line.
    (f) Except for a fire pump required by 46 CFR 28.820, a bilge pump 
may be used for other purposes.
    (g) Each vessel must comply with the oil pollution prevention 
requirements of 33 CFR parts 151 and 155.


Sec. 28.820  Fire pumps, fire mains, fire hydrants, and fire hoses.

    (a) Each vessel must be equipped with a self-priming, power driven 
fire pump connected to a fixed piping system. This pump must be capable 
of delivering an effective stream of water from a hose connected to the 
highest outlet. The minimum capacity of the power fire pump shall be 50 
gallons per minute at a pressure of not less than 60 pounds per square 
inch at the pump outlet.
    (1) If multiple pumps are installed, they may be used for other 
purposes provided at least one pump is kept available for use on the 
fire system at all times.
    (2) In addition, each vessel must be fitted with a portable fire 
pump having a minimum capacity of that specified in paragraph (a) of 
this section, capable of producing a stream of water having a throw of 
at least 12 meters (39.4 feet) from the nozzle, and capable of being 
connected to National Standard Fire Hose of the size utilized on board 
the vessel. If a vessel already has on board a portable pump satisfying 
the bilge system requirements of Sec. 28.760(c), no additional portable 
pump is required as long as the portable pump is of sufficient size/
capacity, and is properly equipped to handle both fire fighting and 
flood control.
    (b) Each vessel must have a sufficient number of fire hydrants to 
reach any part of the vessel using a single length of hose.
    (c) Each fire hydrant must have at least one length of fire hose 
connected to the outlet at all times, a spanner, and a hose rack or 
other device for stowing the hose at all times.
    (1) All parts of the firemain located on exposed decks shall either 
be protected against freezing or be fitted with cutout valves and drain 
valves.

[[Page 54446]]

    (2) Firehose shall not be used for any other purpose other than 
fire extinguishing, drills, and testing.
    (3) Each length of fire hose must be a minimum of 3.83 centimeters 
(1\1/2\'') diameter lined commercial fire hose and be fitted with a 
nozzle made of corrosion resistant material capable of providing a 
solid stream and a spray pattern.


Sec. 28.825  Excess fire detection and protection equipment.

    Instead of meeting the requirements of Sec. 28.155, each vessel to 
which this subpart applies must meet the following requirements:
    (a) Installation of fire detection and protection equipment in 
excess of that required by the regulations in this Subchapter is 
permitted provided that the excess equipment does not endanger the 
vessel or individuals on board in any way. The excess equipment must, 
at a minimum, be listed and labeled by an independent, nationally 
recognized testing laboratory and be in accordance with an appropriate 
industry standard for design, installation, testing, and maintenance.
    (b) An existing fixed gas fire extinguishing system that is in 
excess of the required fire protection equipment required by subparts 
A, B, and C of this part, may remain in place and continue in service 
as long as all parts of the system are maintained in good condition to 
the satisfaction of the Coast Guard Representative, and subject to the 
following:
    (1) A fixed fire extinguishing system capable of automatic 
discharge upon heat detection, may only be installed in a normally 
unoccupied space. For the purpose of this section, the machinery space 
aboard a fish tender operating in the Aleutian trade is considered 
occupied.
    (2) A fixed fire extinguishing system must:
    (i) Be capable of manual actuation from outside the space 
protected;
    (ii) Produce an audible alarm to indicate the discharge of the 
extinguishing agent for 20 seconds before the extinguishing agent for 
20 seconds before the agent is released into the space;
    (iii) The branch line valves of all fire extinguishing systems 
shall be plainly and permanently marked indicating the spaces serviced;
    (iv) The control cabinets or spaces containing valves or manifolds 
for the various fire extinguishing systems shall be distinctly marked 
in conspicuous red letters at least 5.08 centimeters (2 inches) high:

``HALON FIRE SYSTEM''
``CARBON DIOXIDE FIRE SYSTEM'' or
``FOAM FIRE SYSTEM'', as the case may be;

    (v) Instructions for the operation of the system must be located in 
a conspicuous place at or near all pull boxes, stop valve controls, and 
in the agent storage space;
    (vi) If the space or enclosure containing the supply or controls is 
to be locked, a key to the space or enclosure shall be in a break-
glass-type box conspicuously located adjacent to the opening, and;
    (vii) Be equipped with a sign at the alarm stating: ``WHEN ALARM 
SOUNDS--VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED'', or list other 
fire extinguishing agent.
    (3) Any modification, alteration, or new installation of a fixed 
gas fire extinguishing system must meet the additional requirements of 
subpart D of this part.


Sec. 28.830  Fire detection system.

    (a) Each accommodation space must be equipped with an independent 
modular smoke detector or a smoke actuated fire detecting unit 
installed in accordance with Sec. 76.33 of this chapter.
    (b) An independent modular smoke detector must meet UL 217 and be 
listed as a ``Single Station Smoke Detector--Also Suitable for Use in 
Recreational Vehicles''.


Sec. 28.835  Fuel systems.

    (a) Portable fuel systems including portable tanks and related fuel 
lines and accessories are prohibited except where used for outboard 
engines or portable bilge/fire pumps.
    (b) Each integral fuel tank must be fitted with a vent pipe 
connected to the highest point of the tank terminating in a 180 degree 
(3.14 radians) bend on a weather deck and be fitted with a flame 
screen.
    (c) Test cocks must not be fitted to fuel oil tanks.
    (d) Valves for removing water or impurities from diesel fuel oil 
systems are permitted in the machinery space provided they are away 
from any potential sources of ignition. Such valves shall be fitted 
with caps or plugs to prevent leakage.
    (e) Oil piping drains, strainers and other equipment subject to 
normal oil leakage must be fitted with drip pans or other means to 
prevent oil draining into the bilge.
    (f) All nonmetallic filters and strainers must be fitted with a 
metal shield attached to their base in such a way as to prevent direct 
flame impingement in the case of a fire.
    (g) Shutoff valves shall be installed in the fuel supply piping 
lines, one as close to each tank as practicable, and one as close to 
each fuel pump as practicable. Valves shall be accessible at all times.
    (h) Fuel oil piping subject to internal head pressure from diesel 
oil in a tank must be fitted with a positive shutoff valve, installed 
to close against the flow at the tank. This valve is to be capable of 
remote actuation from outside the space in which the tank/piping is 
located, accessible at all times, and suitably marked.
    (i) With the exception of paragraph (j) and (k) of this section, 
fuel piping shall be steel pipe, annealed seamless copper, brass, 
nickel copper, or copper nickel alloy tubing having a minimum wall 
thickness of 0.9 millimeters (0.035 inches).
    (j) Flexible connections of a short length (no more than 762mm, (30 
inches)), suitable metallic or nonmetallic flexible tubing or hose is 
permitted in the fuel supply line at or near the engine to prevent 
damage by vibration. If nonmetallic flexible hose is used it must:
    (1) Not exceed the minimum length needed to allow for vibration;
    (2) Be visible, easily accessible, and must not penetrate a 
watertight bulkhead;
    (3) Be fabricated with an inner tube and outer-covering of 
synthetic rubber or other suitable material reinforced with wire braid;
    (4) Be fitted with suitable, corrosion resistant, compression 
fittings; and
    (5) Be installed with two hose clamps at each end of the hose, if 
designed for use with clamps. Clamps must not rely on spring tension 
and must be installed beyond the bead or flare or over the serrations 
of the mating spud, pipe, or hose fitting.
    (k) Supply piping that conveys fuel oil or lubricating oil to 
equipment and is in close proximity of equipment or lines having an 
open flame or having parts operating above 260 deg. C (500 deg. F) must 
be of seamless steel.
    (l) Existing fuel oil piping may remain in service as long as it is 
serviceable to the satisfaction of the Coast Guard Representative. Any 
replacement, alterations, modifications or new installations to the 
fuel oil piping system must be made in accordance with the material 
requirements of this section.


Sec. 28.840  Means for stopping pumps, ventilation, and machinery.

    All electrically driven fuel oil transfer pumps, fuel oil unit and 
service pumps, and ventilation fans shall be fitted with remote 
controls from a readily accessible position outside of the space 

[[Page 54447]]
concerned so that they may be stopped in the event of fire occurring in 
the compartment in which they are located. These controls shall be 
suitably protected against accidental operation or tampering and shall 
be suitably marked.


Sec. 28.845  General requirements for electrical systems.

    (a) Electrical equipment exposed to the weather or in a location 
exposed to seas must be waterproof or watertight, or enclosed in a 
watertight housing.
    (b) Aluminum must not be used for current carrying parts of 
electrical equipment or wiring.
    (c) As far as practicable, electrical equipment must not be 
installed in lockers used to store paint, oil, turpentine, or other 
flammable or combustible liquids. If electrical equipment, such as 
lighting, is necessary in these spaces, it must be explosion-proof or 
intrinsically safe.
    (d) Explosion-proof and intrinsically safe equipment must meet the 
requirements of Sec. 111.105 of this chapter.
    (e) Metallic enclosures and frames of electrical equipment must be 
grounded.


Sec. 28.850  Main source of electrical power.

    (a) Applicability: Each vessel that relies on electricity to power 
any of the following essential loads must have at least two electrical 
generators to supply:
    (1) The propulsion system and its necessary auxiliaries and 
controls;
    (2) Interior lighting;
    (3) Steering systems;
    (4) Communication systems;
    (5) Navigation equipment and navigation lights;
    (6) Fire protection or detection equipment;
    (7) Bilge pumps; and
    (8) General alarm system.
    (b) Each generator must be attached to an independent prime mover.


Sec. 28.855  Electrical distribution systems.

    (a) Each electrical distribution system which has a neutral bus or 
conductor must have the neutral bus or conductor grounded.
    (b) A grounded electrical distribution system must have only one 
connection to ground. This ground connection must be at the 
switchboard.


Sec. 28.860  Overcurrent protection and switched circuits.

    (a) Each power source must be protected against overcurrent. 
Overcurrent devices for generators must be set at a value not exceeding 
115 percent of the generator's full load rating.
    (b) Except for a steering circuit, each circuit must be protected 
against both overload and short circuit. Each overcurrent device in a 
steering system power and control circuit must provide protection only.
    (c) Each ungrounded current carrying conductor must be protected in 
accordance with its current carrying capacity by a circuit breaker or 
fuse at the connection to the switchboard or distribution panel bus.
    (d) Each circuit breaker and each switch must simultaneously open 
all ungrounded conductors.
    (e) The grounded conductor of a circuit must not be disconnected by 
a switch or an overcurrent device unless all ungrounded conductors of 
the circuit are simultaneously disconnected.
    (f) Navigation light circuits must be separate, switched circuits 
having fused disconnect switches or circuit breakers so that only the 
appropriate navigation lights can be switched on.
    (g) A separate circuit with overcurrent protection at the main 
distribution panel or switchboard must be provided for each radio 
installation.


Sec. 28.865  Wiring methods and materials.

    (a) All cable and wire must have insulated, stranded copper 
conductors of the appropriate size and voltage rating of the circuit.
    (b) Each conductor must be No. 22 AWG or larger. Conductors in 
power and lighting circuits must be No. 14 AWG or larger. Conductors 
must be sized so that the voltage drop at the load terminals is not 
more than 10 percent.
    (c) Cable and wiring not serving equipment in high risk fire areas 
such as a galley, laundry, or machinery space must be routed as far as 
practicable from these spaces. As far as practicable, cables serving 
duplicated essential equipment must be separated so that a casualty 
that affects one cable does not affect the other. Existing cables and 
wires may remain as routed; however, any replacement wiring, new 
cabling and/or alterations must be routed as specified above.
    (d) No unused or dead ended cables may remain after the permanent 
removal or alteration of an electrical device.
    (e) Cable and wire for power and lighting circuits must:
    (1) For circuits of less than 50 volts, meet 33 CFR 183.425 and 
183.430; and
    (2) For circuits of 50 volts or greater:
    (i) Meet section 310-13 and 310-15 of NFPA 70, except that asbestos 
insulated cable and dry location cable must not be used;
    (ii) Be listed by Underwriters Laboratories Inc. as UL Marine Boat 
or UL Marine Shipboard cable; or
    (iii) Meet Sec. 111.60 of this chapter.
    (f) All metallic cable armor must be electrically continuous and 
grounded to the metal hull or the common ground point at each end of 
the cable run, except that final sub-circuits (those supplying loads) 
may be grounded at the supply end only.
    (g) Wiring terminations and connections must be made in a fire 
retardant enclosure such as a junction box, fixture enclosure, or panel 
enclosure.
    (h) Existing cable and wire may remain in place and continue in use 
as long as it is deemed serviceable to the satisfaction of the Coast 
Guard Representative. Any new installation, replacement, modification 
or alteration must be done in accordance with the requirements of this 
section.


Sec. 28.870  Emergency source of electrical power.

    (a) The following electrical loads must be connected to an 
independent emergency source of power capable of supplying all 
connected loads continuously for at least three hours:
    (1) Navigation lights;
    (2) Fire protection and detection systems;
    (3) Communications equipment;
    (4) General alarm system; and
    (5) Emergency lighting;
    (b) The emergency power source must be aft of the collision 
bulkhead, outside of the machinery space, and above the uppermost 
continuous deck.
    (c) An emergency source of power supplied solely by storage battery 
must also meet the following requirements:
    (1) Each battery must be a lead-acid or alkaline type and be able 
to withstand vessel pitch, vibration, roll, and exposure to a salt 
water atmosphere;
    (2) A battery cell must not spill electrolyte when the battery is 
inclined at 30 degrees from the vertical;
    (3) Each battery installation must be in a battery room, in a box 
on dock, or in a well ventilated compartment. The batteries must be 
protected from falling objects;
    (4) Each battery tray must be secured to prevent shifting with the 
roll and pitch of the vessel and lined with a material that is 
corrosion resistant to the electrolyte of the battery;
    (5) Each battery bank installation must be fitted with its own 
drip-proof charging system; and
    (6) Each deck box used for battery storage must be weathertight, 
and have holes near the top to allow gas to escape.


Sec. 28.875  Radar, depth sounding, and auto-pilot.

    (a) Each vessel must be fitted with a general marine radar system 
for surface 

[[Page 54448]]
navigation with a radar screen mounted at the operating station, and 
facilities on the bridge for plotting radar readings.
    (b) Each vessel must be fitted with a suitable echo depth sounding 
device.
    (c) Except as provided in 33 CFR Sec. 164.15, when the automatic 
pilot is used in areas of high traffic density, conditions of 
restricted visibility, and all other hazardous navigational situations, 
the master or person in charge shall ensure that:
    (1) It is possible to immediately establish manual control of the 
unit's steering:
    (2) A competent person is ready at all times to take over steering 
control; and
    (3) The changeover from automatic to manual steering and vice versa 
is made by, or under the supervision of, the officer of the watch.


Sec. 28.880  Hydraulic equipment.

    (a) Each hydraulic system must be so designed and installed that 
proper operation of the system is not affected by back pressure in the 
system.
    (b) Piping and piping components must be designed with a burst 
pressure of not less than four times the system's maximum operating 
pressure.
    (c) Each hydraulic system must be equipped with at least one 
pressure relieving device set to relieve at the system's maximum 
operating pressure.
    (d) All material in a hydraulic system must be suitable for use 
with the hydraulic fluid used and must be of such chemical and physical 
properties as to remain ductile at the lowest operating temperature 
likely to be encountered by the vessel.
    (e) Except for hydraulic steering equipment, controls for operating 
hydraulic equipment must be located where the operator has an 
unobstructed view of the controls for operating hydraulic equipment and 
the adjacent work area. Protection shall be afforded to the operator of 
hydraulic equipment against falling or swinging objects and/or cargo.
    (f) Controls for hydraulic equipment must be so arranged that the 
operator is able to quickly disengage the equipment in an emergency.
    (g) Hydraulically operated machinery must be fail-safe or equipped 
with a holding device to prevent uncontrolled movement or sudden loss 
of control due to loss of hydraulic system pressure. A system is 
considered to be fail-safe if a component failure results in a slow and 
controlled release of the load so as not to endanger personnel.
    (h) Nonmetallic flexible hose assemblies must only be used between 
two points of relative motion, limited to the least amount of length 
that will afford maximum multidirectional movement of the equipment 
served.
    (i) Hose end fittings must comply with SAE J1475, (Hydraulic Hose 
Fittings For Marine Applications). Field attachable fittings must be 
installed following the manufacturer's recommended practice (method).
    (j) Nonmetallic flexible hose shall be marked with the 
manufacturer's name or trademark, type or catalog number and maximum 
allowable working pressure.
    (k) Existing hydraulic piping, nonmetallic hose assemblies, and 
components may be continued in service so long as they are maintained 
in good condition to the satisfaction of the Coast Guard 
Representative, but all new installations, or replacements shall meet 
the applicable specifications or requirements of this section.


Sec. 28.885  Cargo gear.

    (a) The safe working load (SWL) for the assembled gear shall be 
marked on the heel of each cargo boom, crane, or derrick. These letters 
and figures are to be in contrasting colors to the background and at 
least one inch in height. The SWL is construed to be the load the gear 
is approved to lift, excluding the weight of the gear itself.
    (b) All wire rope, chains, rings, hooks, links, shackles, swivels, 
blocks, and any other loose gear used or intended to be used in cargo 
loading or unloading must be commensurable with the SWL rating in 
paragraph (a) of this section. This gear shall be visually inspected by 
the vessel's captain or his designee at frequent intervals, and in any 
event not less than once in each operating month.
    (c) In addition to the inspection required in paragraph (b) of this 
section, a biennial, (every second year), thorough examination and 
proof load test, at a minimum of the SWL rating, shall be performed and 
witnessed by competent personnel. The proof load applied to the 
winches, booms, derricks, cranes and all associated gear shall be 
lifted with the ship's normal tackle with the boom or derrick at the 
lowest practicable angle. When the load has been lifted, it shall be 
swung as far as possible in both directions.
    (d) After satisfactory completion of the tests and examinations 
required in paragraphs (b) and (c) of this section, all results and 
notations together with the date and location of each shall be 
maintained and available to Coast Guard representatives upon request.


Sec. 28.890  Examination and certification of compliance.

    (a) At least once in every two years each ATA vessel must be 
examined for compliance with the regulations of this subchapter by the 
ABS, a similarly qualified organization, or a surveyor of an accepted 
organization.
    (b) Each individual performing an examination under paragraph (a) 
of this section, upon finding the vessel to be in compliance with the 
requirements of this chapter, must provide written certification of 
compliance to the owner or operator of the vessel.
    (c) Each certification of compliance issued under paragraph (b) of 
this section must:
    (1) Be signed by the individual that performed the examination;
    (2) Include the name of the organization the individual performing 
the examination represents or the name of the accepted organization the 
individual belongs to; and
    (3) State that the vessel has been examined and found to meet the 
specific requirements of this chapter.
    (d) A certification of compliance issued under paragraph (b) of 
this section must be retained on board the vessel until superseded.
    (e) A copy of the certification of compliance issued under 
paragraph (b) of this section must be forwarded by the organization 
under whose authority the examination was performed to the Coast Guard 
District Commander (Attention: Fishing Vessel Safety Coordinator) in 
charge of the district in which the examination took place.


Sec. 28.895  Loadlines.

    (a) A fish tender vessel of not more than 500 gross tons, engaged 
in the Aleutian trade, is not subject to the loadline provisions of 46 
U.S.C. Chapter 51 if it is not on a foreign voyage and the vessel:
    (1) operated in this trade before September 8, 1990; or
    (2) was purchased to be used in this trade before September 8, 1990 
and entered into service before June 1, 1992; and
    (3) has not undergone a major conversion; and
    (4) has not had a loadline assigned at any time before November 16, 
1990.
    (b) The exemption from the loadline provision of 46 U.S.C. Chapter 
51 set forth in paragraph (a) of this section expires on January 1, 
2003.


Sec. 28.900  Post accident inspection.

    The requirements for providing notice and reporting of marine 
casualties are contained in part 4 of this chapter. The owner of or 
master of the vessel shall ensure that the survey guidance provided by 
a Coast Guard Representative is effectively carried out, that the 
material and the workmanship 

[[Page 54449]]
of such repairs or renewals are in all respects satisfactory, and that 
the vessel complies in all respects with the regulations in this part.


Sec. 28.905  Repairs and alterations.

    No repairs or alterations affecting the safety of the vessel with 
regard to the hull, machinery, or equipment, shall be made without the 
notification of a Coast Guard Representative.

    Dated: September 18, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-26303 Filed 10-23-95; 8:45 am]
BILLING CODE 4910-14-M