[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)]
[Proposed Rules]
[Pages 58804-58843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28407]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 155 and 159
46 CFR Parts 2, 3, 4, 6, 7, 10, 12, 15, 16, 24, 25, 26, 28, 30, 31,
32, 34, 35, 39, 50, 56, 58, 61, 63, 68, 69, 70, 71, 72, 76, 77, 78,
80, 90, 91, 92, 93, 95, 96, 97, 105, 108, 109, 147A, 148, 150, 151,
153, 154, 159, 160, 164, 166, 167, 168, 170, 172, 188, 189, 193,
195, 196, and 197
[CGD 95-028]
RIN 2115-AF10
Harmonization With International Safety Standards
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: As part of its ongoing response to the President's Regulatory
Reinvention Initiative, the Coast Guard proposes to amend its
regulations for both inspected and uninspected vessels by removing
obsolete, unnecessary and excessive provisions and to harmonize
regulations with international safety standards. The Coast Guard
expects these amendments will reduce the regulatory burden to industry
by removing differences between requirements that apply to U.S. vessels
in international trade and those that apply to similar vessels in
international trade that fly the flag of responsible foreign nations.
DATES: Comments must be received on or before January 21, 1996.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 95-028), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
A copy of the material listed in ``Incorporation by Reference'' of
this preamble is available for inspection at room 1300, U.S. Coast
Guard Headquarters.
FOR FURTHER INFORMATION CONTACT: ENS Maggie McGowan, Project Manager,
LCDR R. K. Butturini, Project Engineer, Office of Design and
Engineering Standards (G-MSE), U.S. Coast Guard, 2100 Second Street
SW., Washington, DC 20593-0001, telephone (202) 267-2206.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 95-028) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8 by 11 inches, suitable for copying and
electronic filing. Persons wanting acknowledgment of receipt of
comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
A public meeting was held on April 20, 1995 (60 FR 16423) to
discuss the Coast Guard's overall regulations and the regulatory
process. The relevant comments received at the hearing or in response
to the hearing notice have been considered for the changes included in
this document. The Coast Guard held another public meeting on February
9, 1996 (60 FR 65988) to further discuss Coast Guard regulations and
the changes discussed in a notice of proposed rulemaking (NPRM) of
December 20, 1995 (60 FR 65988). As that NRPM also related to removal
or revision of obsolete, unnecessary or excessive regulations and
harmonization with international safety standards, relevant comments
received at that hearing were considered in drafting the changes
proposed in this document. Another public meeting to discuss the
proposed changes in this rulemaking is not planned at this time.
Background and Purpose
This proposal has been sparked by several calls for regulatory
review and reform. For example, on March 4, 1995, the President issued
a memorandum calling on executive agencies to review regulations with
the goals of: (1) Cutting obsolete regulations; (2) focusing on results
instead of process and punishment; (3) convening meetings with the
regulated community; and (4) expanding efforts to promote consensual
rulemaking. The President's memorandum coincided with U.S. maritime
industry requests for greater alignment of Coast Guard regulations with
internationally accepted standards to reduce cost disadvantages and
thereby improve the competitiveness of the U.S. industry.
The ongoing National Performance Review effort, which stresses
reducing red tape and maximizing results, provides an impetus for the
harmonization of regulations with appropriate, successful international
safety standards. Additionally, the Coast Guard recognizes the need to
eliminate outdated regulations and to increase available compliance
options for the regulated community. In the May 31, 1995 Federal
Register (60 FR 28376), the Coast Guard reiterated its intention to
harmonize Coast Guard regulations with international safety standards.
To accomplish these goals and respond to calls for regulatory
reform, the Coast Guard expanded its ongoing Coast Guard Regulatory
Reform (CGRR) initiative. Under CGRR, the Coast Guard is examining ways
to remove disincentives for ship owners to fly the
[[Page 58805]]
American flag, while also ensuring the marine environment is protected.
The Coast Guard is doing this principally by making existing
regulations more efficient and, wherever possible, aligning U.S. marine
safety regulations with internationally accepted standards.
As part of the Coast Guard Regulatory Reform initiative, the Coast
Guard has initiated three regulatory projects to remove unnecessary and
excessive provisions from Coast Guard regulations. The first of these
projects, ``Inspected and Uninspected Commercial Vessels; Removal of
Obsolete and Unnecessary Regulations,'' had a final rule published in
the September 18, 1995 Federal Register (60 FR 48044). That rulemaking
focused on regulations for which no adverse public comment was
expected, such as requirements for nuclear vessels, ocean incinerator
ships and ocean thermal energy conversion plantships. The second
project, ``Adoption of Industry Standards,'' had a final rule published
in the May 23, 1996 Federal Register (61 FR 25984). That rule made more
substantial changes, removing or amending unnecessary provisions and
adopting appropriate industry standards and practices in place of Coast
Guard specific requirements.
This rulemaking, the third project, continues the Coast Guard's
effort to reform its regulations. These proposed changes, if adopted,
will remove superfluous and outdated requirements and align the
regulations more closely with international standards.
Discussion of Proposed Rules
A number of comprehensive regulatory projects have already aligned
many Coast Guard regulations with international standards. In addition
to the two final rules already issued in this series, other projects
have resulted in rules that align both U.S. lifesaving equipment
regulations (61 FR 25272) and electrical engineering regulations (61 FR
28260) with international standards.
Both inspected and uninspected commercial vessels will be affected
by this project. No phase-in period is considered necessary as this
rule is not imposing new requirements.
The following discussion identifies the sections affected by this
proposed rule and explains the reasons they are being revised. The
discussion is divided by category. All references are to the 1995
edition of Titles 33 and 46 of the Code of Federal Regulations.
Amendments Which Incorporate Standards by Reference
The Coast Guard has systematically incorporated industry consensus
standards in place of detailed regulations for over 20 years. This
approach allows industry greater participation in the regulatory
process, standardizes many safety processes, saves plan review time for
industry and government, and makes the regulations more concise.
Industry standards, such as those developed by the National Fire
Protection Association (NFPA) or the American Society of Mechanical
Engineers (ASME), are developed by technical committees composed of
representatives from a cross section of interest groups affected by the
standard. The Coast Guard monitors the incorporation of safety and
regulatory concerns in the standards through Coast Guard representation
on the technical committees which develop the industry standards.
Increasingly, the Coast Guard is also incorporating International
Maritime Organization (IMO) resolutions by referencing them in Coast
Guard regulations and referring to applicable International Convention
for the Safety of Life at Sea (SOLAS) regulations in the Coast Guard's
own regulations. The IMO, of which the U.S. is a member, is a
specialized agency of the United Nations. First formed in 1948, the IMO
is dedicated to the promotion of marine safety and environmental
protection throughout the world and has been the body responsible for
the achievement of a number of conventions and other agreements to help
achieve its goals. Two of the primary conventions or treaties which
have resulted from the IMO's efforts are the SOLAS Convention and the
Convention for the Prevention of Pollution from Ships (MARPOL). The
U.S. is signatory to and has ratified both of these Conventions. This
means that these Conventions are U.S. law and, to the extent required
by the conventions, U.S.-flagged vessels must comply with the
provisions of these and all other conventions similarly ratified.
The term U.S. flag, or U.S. flagged, when applied to vessels,
refers to those vessels which are registered in the U.S. These vessels
are subject to U.S. laws, including applicable Coast Guard promulgated
regulations. As discussed above, since the U.S. is bound by SOLAS and
MARPOL, vessels which are registered in the U.S. must comply with the
SOLAS and MARPOL Conventions, when applicable. SOLAS is applicable to
all vessels during an international voyage. To demonstrate compliance
with SOLAS, vessels must obtain a SOLAS certificate. Inspected vessels
which are registered in the U.S. must also obtain a Certificate of
Inspection, to demonstrate compliance with U.S. laws and Coast Guard
regulations.
The purpose of both Coast Guard and SOLAS regulations is to ensure
safety. After comparing the current Coast Guard requirements to current
SOLAS requirements, the Coast Guard determined that in many respects
SOLAS regulations and Coast Guard regulations provide an equivalent
level of safety. SOLAS, however, uses a different approach in writing
regulations, including the use of different units of measure and
different testing procedures. Meeting two different standards, though
similar, could be burdensome to U.S. flag SOLAS certificated vessels.
Therefore, the Coast Guard is proposing to incorporate IMO Resolutions
and industry standards by reference into Coast Guard regulations in
place of the current Coast Guard requirements and to refer to SOLAS
requirements where possible in the regulations without degrading
safety. This approach will relieve U.S. flagged vessels of the burden
of meeting two different standards while still ensuring safety. This
will not create any new burdens on industry because references to SOLAS
or international standards have been limited to those areas in which
the requirements of SOLAS or the applicable standard are equivalent or
less restrictive than current Coast Guard regulations or in which the
Coast Guard regulations only apply to vessels undertaking an
international voyage, and therefore SOLAS is applicable. For other
cases, compliance with only SOLAS requirements has been offered as one
option to achieve compliance.
33 CFR 155.140 and 155.235.
Current Coast Guard regulations incorporate IMO Resolution
A.535(13), Recommendations on Emergency Towing Requirements for
Tankers, November 17, 1983, by reference. On May 20, 1994, IMO adopted
revised guidance on this issue, IMO Resolution MSC.35(63), Adoption of
Guidelines for Emergency Towing Arrangements on Tankers. The Coast
Guard proposes to amend 33 CFR 155.140 by incorporating MSC.35(63) in
place of its predecessor Resolution A.535(13), and Sec. 155.235 by
changing the IMO standard referenced to the current IMO Resolution
MSC.35(63).
Additionally, as a signatory government to SOLAS 1974, the Coast
Guard is revising Sec. 155.235 to reflect the amendments of SOLAS 1974,
as amended 1994, chapter V, regulation
[[Page 58806]]
15-1. These changes will further reduce the risk of pollution. Section
155.235 only applies to oil tankers as defined in part 33 CFR 155.200.
These sections were also under revision in CGD 90-068 for which an
interim final rule was published on December 22, 1993 (58 FR 67988).
Due to the development of IMO Resolution MSC.35(63), and the scope of
this NPRM, it was determined that these sections would be addressed in
this rulemaking and not in CGD 90-068.
46 CFR Subpart 32.53
The Coast Guard has determined that applicable SOLAS provisions
regarding inert gas systems are equivalent to current Coast Guard
regulations in terms of safety and operating requirements. Therefore,
the Coast Guard proposes to incorporate SOLAS Chapter II-2 Regulation
62, containing the SOLAS requirements for inert gas systems, by
reference in Subpart 32.53 and remove the current sections of Subpart
32.53 which duplicate SOLAS requirements.
Subparts 34.30, 76.25, 95.30 and 193.30 and Secs. 34.01-15, 35.01-
3, 35.10-3, 76.01-2, 78.45-1, 95.01-2, 97.36-1, 108.430, 109.105,
109.563, 193.01-3, 193.30-1
The current Coast Guard regulations concerning automatic sprinkler
systems describe the manner of installation of sprinkler systems if a
system is required or installed. The current regulations do not include
the advancements in sprinkler system technology and efficiency that
have occurred during the past several decades. The current sprinkler
regulations do not include new technologies such as quick response
sprinkler heads, hydraulic calculation techniques for water flow, and
provisions for nonmetallic piping. National Fire Protection Association
Standard, NFPA 13, Standard for the Installation of Sprinkler Systems,
is an established standard recently revised to include marine
applications. NFPA 13 includes these new technologies as well as
alternative system layouts and multiple occupancy classifications. The
flexibility enhances vessel safety by providing the ability to design a
sprinkler system that can meet any particular fire challenge that might
be found on board a vessel. Therefore, the proposed rules, if adopted,
would incorporate the National Fire Protection Association standard,
NFPA 13-1996, into the regulations. The adoption of NFPA 13-1996 will
not place a burden upon industry, as the utilization of NFPA 13-1996
for sprinkler installation is already an industry standard for
sprinkler installations. NFPA 13-1996 is also an integral part of Coast
Guard enforcement policy for automatic sprinkler system design,
installation and maintenance.
Additionally, the proposed rules would incorporate American Society
for Testing and Materials (ASTM) standard F 1626-1995, Standard
Practice for Preparing Shipboard Fire Control Plans, into the
regulations for all types of vessels. Coast Guard regulations currently
require all vessels to have shipboard fire control plans, but no
uniform requirements for the plan exist. The proposed rule would
standardize the acceptable symbols to be used for all shipboard fire
control plans.
Sections 56.01-2 and Table 56.60-2(a)
The American Society of Mechanical Engineers (ASME) develops
standards for mechanical engineering applications, including the ASME
Code which is a standard for construction specifications. In accordance
with 46 CFR 56.60-1(a)(2) of Coast Guard regulations, materials used as
piping system components must be selected from the material
specifications of the ASME Code or from 46 CFR Table 56.60-2(a). Table
56.60-2(a) ``Adopted Specifications Not Listed in the ASME Code,'' is a
listing of adopted bar stock and nonferrous forging and casting
specifications not listed in the ASME Code, but which are still
acceptable. It includes two footnotes, 7 and 9, which are proposed for
revision. Footnotes 7 and 9 specify that a mercurous nitrate test must
be performed for certain materials in accordance with ASTM B 154-92,
Test Method for Mercurous Nitrate Test for Copper and Copper Alloy. The
Coast Guard and ASTM jointly developed ASTM B 858M-95, Test Method for
Determination of Susceptibility to Stress Corrosion Cracking in Copper
Alloys Using an Ammonia Vapor Test, to replace ASTM B 154-92 because of
the extremely toxic properties of mercury. Therefore, footnotes 7 and 9
in Table 56.60-2(a) and Sec. 56.01-2, Incorporation by reference, are
proposed for revision to refer to ASTM B 858M-95 instead of ASTM B 154-
92. This change would merely substitute a test which uses ammonia in
place of a test which uses mercury, due to the toxic properties of
mercury.
Sections 56.50-50(c)(2) and 56.50-50(c)(3)
All U.S. flag passenger vessels on international voyages must be
SOLAS certificated. As a result, the Coast Guard regulations which
duplicate SOLAS requirements for vessels on international voyages are
proposed for removal as unnecessary. The Coast Guard is proposing to
substitute a reference to SOLAS requirements with regard to bilge
systems for passenger vessels on an international voyage in place of
the current repetition of the SOLAS requirements.
Section 63.25-9
Incinerators are not required on board U. S. flag ships. However,
when incinerators are utilized aboard ships, MARPOL dictates that the
incinerators which are installed must be in compliance with IMO Marine
Environment Protection Committee (MEPC) Resolution 59(33). The current
Coast Guard regulations state that incinerators which produce hot water
or generate steam must meet the requirements of 46 CFR Part 52-Power
Boilers or Part 53-Heating Boilers, as applicable. The proposed
revision to this section would incorporate the IMO MEPC Resolution
59(33), Revised Guidelines for the Implementation of Annex V of MARPOL
73/78, adopted on October 30, 1992, in place of current Coast Guard
regulations. This Resolution, which addresses incinerators, was
developed with extensive active participation by the U.S. Coast Guard,
through its representation of the U.S. at the IMO. Under the proposed
rule, the American Society for Testing and Materials (ASTM) standard
ASTM F-1323-90 (when combined with Annexes A1 through A3 of MEPC
Resolution 59(33)) and the International Standards Organization (ISO)
standard 13617 would also be accepted as equivalent standards to MEPC
Resolution 59(33). The ISO standard 13617 (1995), ``Shipbuilding-
Shipboard Incinerator-Requirements,'' is equivalent to MEPC Resolution
59(33). Also, ASTM F-1323-90, when combined with Annexes A1 through A3
of MEPC Resolution 59(33), is equivalent to MEPC Resolution 59(33).
Sections 31.10-33, 72.30-5, 93.20, 170.098, 172.010, 172.015, 172.020,
172.030, and 172.040
In response to the growing need for broader regulation of the
carriage of all cargoes which may pose a hazard to ships or personnel,
the Maritime Safety Committee (MSC) of the IMO replaced the original
Chapter VI of SOLAS, which contained detailed regulations on the
carriage of grain in bulk, with requirements of a more general nature
and placed the detailed provisions on grain in a mandatory code. SOLAS
Chapter VI previously titled ``Carriage of Grain'' is now titled
``Carriage of Cargoes.'' At the 59th session in May 1991, MSC adopted
amendments to
[[Page 58807]]
SOLAS Chapter VI Part C Regulation 9 (resolution MSC.23[59]) to make
compliance with the International Code for the Safe Carriage of Grain
in Bulk (code) mandatory. The code includes required stability, loading
requirements, and Documents of Authorization for each vessel that loads
grain in bulk. The Coast Guard is proposing to amend the Coast Guard's
stability regulations (46 CFR subchapter S) to adopt the requirements
of the Code. These regulations will apply to all vessels that load
grain in bulk in U.S. waters, except those engaged solely on voyages on
rivers, lakes, bays, and sounds, or on voyages between Great Lakes
ports and specific St. Lawrence River ports as referred to in Article 5
of the Load Line Convention. These voyages are exempted from the
definition of international voyages under the Load Line Convention and
SOLAS. The St. Lawrence River ports exempted include those ports as far
east as a straight line drawn from Cap de Rosiers to West Point,
Anticosti Island, and as far east as a line drawn along the 63rd
meridian from Anticosti Island to the north shore of the St. Lawrence
River. As a contracting government to SOLAS 1974, the Coast Guard needs
to revise its regulations to reflect the revisions to chapter VI of
SOLAS 1974 which will enhance the safety of vessels carrying grain in
bulk. Also, these regulations exempt those vessels on voyages specified
in Sec. 172.030. These exempted vessels are required to comply with the
provisions of this section.
This NPRM proposes to adopt the IMO's ``International Code for the
Safe Carriage of Grain in Bulk'' using an incorporation by reference
into 46 CFR 172, Subpart B. Currently, Subpart B is reserved for Bulk
Grain. In order to consolidate the requirements pertaining to bulk
grain vessels in Subpart B, it is necessary to remove 46 CFR 31.10-33,
46 CFR 72.30-5, 46 CFR 93.20 and 46 CFR 170.098 and modify the text of
46 CFR 170.100.
This revision will not advantage or disadvantage U.S. registered
vessels because they currently meet the requirements of the IMO Code.
The principal changes in the grain regulations are dispensation from
trimming the ends of filled cargo holds in specifically suitable ships
and the use of wire reinforcement mesh. In 1977, the U.S. acted
unilaterally in relaxing the requirement for trimming the ends of
filled cargo compartments on specifically suitable ships. This
dispensation was eventually adopted by IMO. Similarly, in 1979 the U.S.
submitted an information paper to IMO describing the trial use of
welded, wire reinforcement as equivalent to wood when securing slack
grain surfaces and stated the method was being tried on American ships.
The method was successful and is now included in the new Code.
Adoption of the Code represents two other substantive changes:
(a) All ships built after January 1, 1994, will be required to have
a table of permissible heeling moments.
(b) All ships built after January 1, 1994, will have the
permissible angle of list due to a grain shift changed from ``12
degrees'' to ``12 degrees or the angle of deck edge immersion,
whichever is less.''
Subpart 164.013.
The current regulations for polyethylene foam buoyant material for
use in Coast Guard approved personal flotation devices (PFDs) direct
prospective manufacturers to the Commander of the Coast Guard District
in which the factory is located, to seek Coast Guard approval for this
kind of PFD flotation foam. The current regulations require that a
Coast Guard marine inspector visit the factory, prepare a report, and
submit it to the Commandant with samples. These regulations also
specify a combination of performance and construction requirements that
the foam must meet to be accepted by the Coast Guard. The procedure for
acceptance states that a marine inspector is to visit the factory and
provide a report to the Commandant for acceptance of the material. On
May 20, 1993 the Coast Guard published a final rule promulgating a new
subpart 164.019 (58 FR 29494), which established new requirements for
PFD component acceptance and quality control of all components for use
in Coast Guard-Approved PFDs.
Under the proposed regulations, production oversight and initial
acceptance tests would be handled by independent laboratories accepted
by the Coast Guard under currently established procedures outlined in
46 CFR 164.019 and 159.010, instead of being performed by a marine
inspector. Under the proposed regulations, the independent laboratory
would submit a report to the Commandant for initial approval.
Commandant (G-MSE) would then have the option of accepting the material
based upon a satisfactory initial investigation and adequate
documentation of the material and its production quality control and
oversight. Appeals procedures will remain the same. The specifications
for these materials in the Coast Guard regulations would be revised by
this proposal to reference the performance requirements in UL 1191,
which is an industry standard for PFD components. The major differences
between the current regulations and the new proposed standard would be
that with this change the materials would be typically produced in thin
sheets and would not have to be slitted in a trigonal pattern. As a
result the subpart would also be renamed from ``Foam, Unicellular
Polyethylene (Buoyant, Slab, Slitted Trigonal Pattern)'' to ``Foam,
Unicellular Polyethylene, Buoyant.'' Markings must be in accordance
with Sec. 164.023-15.
Amendments Which Clarify Regulations, Offer Options, or Reflect
Current Practice
33 CFR 159.5 and 159.7
Under this NPRM, Secs. 159.5 and 159.7 of Title 33 on Marine
Sanitation Devices (MSDs) are proposed for revision to delete reference
to various past deadlines by which requirements had to be met. All the
deleted deadlines have passed and the remaining text can be
consolidated into regulations which contain only current requirements.
Additionally, two new proposed sections Secs. 159.5(b) and
159.7(a)(2) would permit the use of Type I MSDs on vessels 19.8 meters
(65 feet) in length or less. Under the current MSD regulations
contained in 33 CFR 159, Type I MSDs may not be installed on
``existing'' vessels on or after January 31, 1978, or on ``new''
vessels on or after January 31, 1980. Type I and Type II MSDs treat
sewage. Type I MSDs meet a lower effluent standard than the larger and
more complex Type II MSDs. Type III MSDs are holding tanks that do not
treat sewage, but hold it onboard until it can be pumped out to a
reception facility, or into waters outside the territorial seas of the
U.S. In 1978, when it became apparent that there would be no Type II
MSDs available that were suitable for small vessels, the Coast Guard
published a waiver of the prohibition on installation of Type I MSDs
for vessels 19.8 meters (65 feet) in length or less (43 FR 29637, July
10, 1978). There are still no MSDs meeting the Type II treatment
standard which are suitable for small vessels. Since pumpout facilities
are not available everywhere, not all small vessels can use Type III
holding tanks. For these reasons, the waiver has remained in effect
since 1978, and the text of the regulations published in 33 CFR 159.5
and 159.7 have not accurately reflected the Coast Guard's enforcement
policy of the MSD regulations. Should Type II
[[Page 58808]]
MSDs suitable for small vessels become available, the Coast Guard, in
consultation with the Environmental Protection Agency (EPA), will
consider reinstating the requirement for new MSDs on all vessels to be
either Type II or Type III.
The Coast Guard proposes to add a new Sec. 159.7(b) to replace the
note which now appears at the end of Sec. 159.7. This new section would
describe the current requirement in the note to prevent all discharge
of sewage in EPA-designated no-discharge zones. The proposed regulation
would state the requirement more clearly and succinctly than the
present note and make enforcement of the requirement easier.
The Coast Guard also proposes to replace Secs. 159.201 and 159.205
regarding the application for acceptance, and criteria for recognized
facilities for the testing of marine sanitation devices, with one
paragraph under Sec. 159.201 that references 46 CFR 159.010 discussing
independent laboratories. The standards and procedures for independent
laboratories in 46 CFR 159.010 are similar to those in Secs. 159.201
and 159.205, and the Coast Guard wants to consolidate the standards and
procedures for acceptance of independent laboratories (including
``recognized facilities'') in one set of regulations. Recognized
facilities already accepted under present Secs. 159.201 and 159.205
would not be required to reapply under the proposed revised regulation.
46 CFR 2.75-19 and 2.75-50
The Coast Guard is proposing to replace the obsolete term, Merchant
Marine Council, with the proper name for this body, the Marine Safety
Council, in Sec. 2.75-19 and Sec. 2.75-50.
Section 12.25-1
The Coast Guard is proposing to remove the obsolete terms, such as
shipping commissioner, from Sec. 12.25-1.
Section 25.30-5
This section is proposed for revision to amend ``Coast Guard
publication CG-190, Equipment Lists'' to read ``COMDTINST M167143
(Series) Equipment Lists.''
Section 28.380
Current Coast Guard regulations require that ``An internal
combustion engine exhaust, galley uptake, or similar source of ignition
must be kept clear of and suitably insulated from combustible
material.'' The NTSB recommended that the Coast Guard clarify its
definition to include electrical heating tape. The Coast Guard has
determined that electrical heating tape constituted a ``similar source
of ignition'' for application of Sec. 28.380(b). Therefore, the Coast
Guard proposes to clarify Sec. 28.380(b) by inserting ``electrical
heating tape'' before ``similar source of ignition'' in the text of the
regulation.
46 CFR 32.57-10
Current Coast Guard regulations require a kickout panel for ``A''
Class doors for stairtowers on tank vessels. Kickout panels are more
expensive to install than other similar devices such as crash doors or
locks which may be forced. Coast Guard regulations allow the
installation of these similar devices in other subchapters on other
types of vessels. No decrease in safety has been experienced by these
vessels as a result. The proposed amendment to paragraph 32.57-10(d)(4)
would replace the requirement to install kickout panels on these doors
by allowing the installation of crash doors or locks which may be
forced. This proposed amendment would give ship builders greater
flexibility, allow the ship builder to save money without compromising
safety, and harmonize the tanker regulations with the other
subchapters.
46 CFR 56.20-15
Current regulations discussing resiliently seated valves do not
clearly state locations where resiliently seated valves are required.
The proposed rules, if adopted, would clarify the locations where the
three categories of resiliently seated valves, Positive shutoff,
Category A and Category B, are allowed or required. This proposed
amendment would not add any new requirements, but would only clarify
the current Coast Guard requirements.
Section 61.15-12
The proposed amendment to Coast Guard regulations will change the
Coast Guard requirement to replace non-metallic expansion joints from
ten years after the date of manufacture to ten years after the joint is
placed into service. The intent of the regulation to renew non-metallic
expansion joints is to prevent failure of these joints by mandating
that these joints are replaced before corrosive action has occurred to
the extent that the joint will fail. Intensive corrosion generally
begins after the joint has been placed into service. Therefore, the ten
year time period for non-metallic expansion joints should begin when
the joint is placed into service. The proposed regulation will require
that non-metallic expansion joints are renewed ten years after the
joint is placed into service.
Section 69.117
Current Coast Guard regulations designate measuring organizations
authorized to measure or remeasure vessels under the Convention,
Standard, or Dual Measurement Systems to issue tonnage certificates.
The tonnage measurement regulations contained in 46 CFR 69.117(f)
provide for the exemption of water ballast spaces under certain
conditions when calculating a vessel's gross tonnage under the Standard
Measurement System. The existing tonnage measurement regulations
contained in 46 CFR 69.117(f) require justification of the operating
conditions to be submitted to the measuring organization. The measuring
organization reviews the submittal for completeness, then forwards the
submittal to the Coast Guard for approval. The Coast Guard notifies the
measuring organization of whether the justification is approved, and
the measuring organization incorporates the information from the Coast
Guard's decision into tonnage calculations when assigning the vessel's
tonnage. This process is not in the best interests of the Coast Guard
or its customers. It requires a duplicitous review by both the Coast
Guard and the measuring organization, and causes unnecessary delays in
response time to the customer. The proposed revision to the regulations
would delegate authority to the measuring organization to approve or
disapprove the submission for the exemption of water ballast spaces
when calculating a vessel's gross tonnage. As stated in 46 CFR 69.27
and 46 U.S.C. 14103, the Coast Guard may delegate the authority to
measure vessels. The standard utilized to determine water ballast space
exemptions would not change. Appeals of any decisions made by a
measuring organization would be the responsibility of the Coast Guard
in accordance with 46 CFR 69.21. Also, the Coast Guard would maintain
general oversight over the process through the Coast Guard's authority
to approve or disapprove the measuring organizations.
Sections 77.35-10 and 96.35-10
Current Coast Guard regulations require flame safety lamps for the
fireman's outfit for passenger and cargo vessels. Oxygen depletion
meters perform the same function as flame safety lamps, and are
technologically more advanced. 46 CFR 108.497 requires an oxygen
depletion meter for the fireman's outfit for mobile offshore drilling
units. By enforcement policy, the Coast Guard has allowed oxygen
depletion meters which have been
[[Page 58809]]
designated by a Coast Guard recognized independent laboratory as
intrinsically safe to be carried in lieu of flame safety lamps for the
fireman's outfit requirements in other subchapters. The Coast Guard is
proposing to amend its regulations so as to codify this option.
Sections 92.07-1, 32.56-1, and 32.57-1
After comparing the current Coast Guard requirements to SOLAS
regulations, the Coast Guard has determined that the SOLAS regulations
for Method IC structural fire protection for cargo ships provide an
equivalent level of fire protection as that provided by current Coast
Guard requirements. As discussed previously, U.S. flag ships on
international voyages must be in compliance with Coast Guard
regulations as well as SOLAS regulations. Meeting two different
standards, though equivalent, could be burdensome to U.S. flag SOLAS
certificated vessels. Therefore, the Coast Guard is proposing to amend
the regulations prescribing structural fire protection requirements to
allow vessels which must meet SOLAS Method IC the option of meeting
only SOLAS. The Coast Guard is not requiring any vessel not on an
international voyage to comply with the SOLAS requirements in this
area, SOLAS certification will be an optional method to demonstrate
adequate structural fire protection for the vessel.
Section 108.417
The current regulation contains an editorial error, stating that an
oil line must be connected to a fire pump. The Coast Guard proposes to
correct this editorial error by revising this regulation to state that
an oil line must not be connected to a fire pump.
Section 159.007-9
Independent laboratories now carry out most factory production
inspections. The Coast Guard is proposing to add a paragraph (d) to
Sec. 159.007-9 requiring manufacturers to provide access for Coast
Guard inspectors or representatives of the Coast Guard recognized by
independent laboratories to any place where equipment is manufactured
or stored.
Sections 160.001-3, 160.001-5, 160.002-5, 160.002-7, 160.005-5,
160.005-7, 160.050-5, 160.050-7, 160.053-6, 160.055-7, and 160.055-9
The current regulations state that Coast Guard marine inspectors
may perform tests and will perform production inspections in addition
to the manufacturer's normal quality assurance program, to satisfy the
inspector that the life preservers or ring buoys being manufactured
meet the requirements of the Coast Guard regulations. Work vests
covered in Sec. 160.053, are an exception to the regularly scheduled
factory inspections. For initial product approval (certification), the
current Coast Guard regulations direct prospective manufacturers to the
Commander of the Coast Guard District in which the factory is located.
Current Coast Guard regulations require that a Coast Guard marine
inspector visit the factory which manufactures the device, prepare a
report, and submit the report to the Commandant with samples. In 1983,
as allowed in Section 159.001-7, the Coast Guard substituted the
Sec. 159.007 production inspection and test procedures and approval
procedures for these procedures.
Under the proposed regulations, production oversight and initial
approval tests would not be done by the Coast Guard. Instead,
production oversight and initial approval tests would be performed by
independent laboratories accepted by the Coast Guard under 46 CFR
159.010. The independent laboratory would then submit a report with its
findings to the Commandant for initial approval of the life preserver.
Commandant (G-MSE) may approve the equipment design based upon a
satisfactory initial investigation by the independent laboratory and
adequate documentation of the design and its production quality control
and oversight. The items affected will include: life preservers, kapok,
adult and child, models 3 and 5; life preservers, fibrous glass, adult
and child, models 52 and 56; unicellular plastic ring life buoys;
unicellular plastic foam work vests; and unicellular plastic foam life
preservers for merchant vessels. In response to industry requests for
larger lots, the proposed regulations for life preservers will include
production lot sizes up to 1000 units with appropriate sample sizes.
Additionally, the footnotes referring to the PFD information
pamphlet requirements in 33 CFR part 181 are proposed for deletion as
the pamphlet requirements are covered under production oversight.
These proposed rules would require nonstandard life preserver
designs that require in-water testing to demonstrate equivalent
performance to the Coast Guard standard designs documented in these
subparts. Additionally, nonstandard designs would have to be tested for
approval by a laboratory that has demonstrated the ability to conduct
such tests and has completed a Memorandum of Understanding (MOU) with
the Coast Guard according to 46 CFR 159.010-7 for related types of
personal flotation devices (PFDs). The items affected will include life
preservers, kapok, adult and child, models 3 and 5; life preservers,
fibrous glass, adult and child, models 52 and 56; unicellular plastic
foam work vests; and unicellular plastic foam life preservers for
merchant vessels.
Sections 160.026-6, 160.026-7, and 160.062-6
Current regulations state that Coast Guard marine inspectors will
sample, test, and inspect certain marine equipment. Current regulations
state that the inspector would prepare and submit a report regarding
this equipment to the Commandant (G-MSE), who would assign an approval
number. Under the proposed regulations, independent laboratories
accepted by the Coast Guard under 46 CFR 159.010 will sample, test, and
inspect this equipment. Under the proposed regulations, the independent
laboratory will submit a report to the Commandant. The Commandant (G-
MSE) will then assign an approval number for the equipment. The items
affected will include emergency drinking water for merchant vessels and
hydraulic releases for lifesaving equipment.
Sections 160.048-6, 160.049-6, 160.050-6, and 160.064-4
These sections prescribe the markings which must appear on all
throwable PFDs which are ``approved'' to meet the recreational boat
carriage requirements of 33 CFR 175.15 and, in some cases, various
commercial vessel carriage requirements in parts of 46 CFR. The
carriage requirements set out the number and type of PFDs which must be
carried aboard different vessels while those vessels are in transit.
The current regulations require markings on Type IV throwable PFDs to
indicate that smaller recreational boats, sixteen feet long and
shorter, and all canoes and kayaks may use throwable PFDs to meet the
carriage requirements. However, recent changes to the carriage
requirements in 33 CFR 175 Subpart B published in the August 4, 1993
Federal Register (58 FR 41602), have rendered the current marking
requirements for throwable PFDs incorrect. As of May 1, 1995, throwable
PFDs may not be used to meet the carriage requirement of 33 CFR 175.15.
Wearable PFDs are now required on all recreational boats regardless of
length or type of boat (except for exempt vessels). Therefore boats
under 16 feet in length and canoes and kayaks of any length, which
previously could fulfill the
[[Page 58810]]
carriage requirements with throwable PFDs must now carry wearable PFDs.
As a result, the Coast Guard is proposing to change the marking
requirements for throwable PFDs to now state that the device is
``Approved for use on recreational boats only as a throwable device.''
Sections 170.075, 170.080, 170.085, 170.093, 170.098, 170.100, 170.110,
170.120, 170.170, 170.173, 170.175, 170.185, 170.190, 170.235
Title 46 U.S.C. 3316 authorizes the Coast Guard to accept plan
review, inspections, and examinations performed by the American Bureau
of Shipping (ABS) as evidence of a vessel's compliance with Coast Guard
rules and regulations for classed and unclassed vessels. Since 1984,
the Coast Guard has authorized the ABS to perform stability reviews on
certain categories of vessels that are issued Load Line Certificates.
The ABS has been recognized as an authorized load line assigning
authority of the Coast Guard for U.S. vessels since 1929, and is well-
qualified to conduct stability related plan review on behalf of the
Coast Guard. The proposed amendments to the regulations would allow ABS
to perform stability related reviews, including the issuance of
stability letters, for U.S. flag vessels.
Amendments To Align Regulations With International Standards
Classification societies are organizations which establish and
administer standards, called Rules, for the design, construction, and
operational maintenance of ships and other marine structures.
Classification of a vessel by one of these societies certifies for the
benefit of investors and others concerned with the financial viability
of a particular ship, that the ship is in compliance with the Society's
Rules. The American Bureau of Shipping (ABS), a not-for-profit,
independent technical organization, classes vessels registered in 94
different countries. ABS, authorized by U.S. statute to perform certain
functions as representatives of the Coast Guard, has signed a
Memorandum of Understanding with the Coast Guard, allowing the Coast
Guard to participate in the technical committees which develop ABS
Class Rules.
The Coast Guard compared its regulations to established marine
standards, including SOLAS, and the rules of the only currently
recognized U.S. classification society, ABS. This comparison identified
many regulations which prescribe requirements in excess of established
marine standards, which were drafted when many technologies were new
and the Coast Guard had less experience with their safety record. Over
time, as the technologies and machinery became commonplace and
developed a clear safety record, other organizations developed relaxed
standards for many of these technologies. The Coast Guard has been
monitoring this relaxation in many areas and, where appropriate, has
determined that the relaxed standards still provide for an adequate
level of safety. The Coast Guard is therefore proposing to amend its
regulations to be consistent with proven financial market based and
international standards for instances in which, in the Coast Guard's
opinion, vessels subject to these established marine standards have not
experienced an increase in casualties attributable to this difference.
Sections 31.10-21, 91.40-3, and 189.40-3
The Coast Guard is proposing to harmonize its regulations with
IMO's, by allowing vessels over 15 years of age to participate in the
Underwater in Lieu of Drydock (UWILD) program. These vessels are not
currently permitted to enroll in the program. As its name suggests, the
UWILD program is designed to permit vessels to be inspected underwater
instead of in a drydock. The vessel, if allowed to participate in the
program, may be inspected underwater instead of alternate drydock
examinations. When the UWILD program was first initiated, the Coast
Guard utilized a conservative approach, permitting only vessels under
15 years of age to participate in the program. Those vessels which have
enrolled in the program must meet certain criterion to remain in the
program after the vessel is over 15 years of age. On the other hand,
SOLAS allows vessels which are older than 15 years of age to
participate in this program after receiving special consideration.
Vessels over 15 years of age which have participated in the program
under SOLAS have not been shown to be unsafe. Therefore, the Coast
Guard proposes to amend its regulations to allow all vessels, including
those older than 15 years of age, to enroll in the UWILD program after
receiving special consideration. The same criterion, described in the
CFR in those sections for drydocking, currently used to determine
whether vessels which have previously enrolled in the program may
continue to participate in the UWILD program once the vessel is greater
than 15 years of age will be used to evaluate whether vessels greater
than 15 years of age may initially enroll in the program.
Subparts 31.37, 71.47, 91.37 and Secs. 31.10-5, 31.10-16, 71.25-25,
71.65-1, 91.25-25, 91.55-1 and 189.35-9
The Coast Guard has reviewed its regulations for the design and
testing of shipboard cargo gear. Currently, 46 CFR 31-20, 31.37-23,
71.47-20, 71.47-23, 91.37-20 and 91.37-23 allow cargo gear plans to be
submitted for approval to the Coast Guard, classification societies
recognized by the Commandant, or a recognized cargo gear organization.
The only currently recognized classification society is the American
Bureau of Shipping (ABS) and the only currently recognized cargo gear
organization is the International Cargo Gear Bureau, Inc. (ICGB).
Additionally, 46 CFR 31.37-5(b), 71.47-5(b) and 91.37-5(b) allow Coast
Guard marine inspectors to accept cargo gear certificates and registers
issued by organizations or associations recognized by the Coast Guard
as evidence of compliance with the requirements in subparts 31.37,
71.47 and 91.37.
The option to utilize third parties for cargo gear plan approval
and inspection has proven successful. It is common marine industry
practice to rely on third parties for surveys and certification of
cargo gear. In fact, cargo gear inspections by Coast Guard marine
inspectors have become rare, except in the case of inspection of cargo
handling gear prior to explosives handling operations where the COTP
finds it necessary due to the hazardous nature of the cargo. Third
party organizations or associations maintain a high skill level for
cargo gear inspections and can often be scheduled more conveniently for
the ship operator than Coast Guard inspectors.
The proposed amendments to the rules would remove the option for
Coast Guard inspection of cargo gear as well as remove the existing
detailed regulations for the design and inspection of cargo gear. If
the proposed rules are adopted, certificates and test documents from
the recognized industry organizations would be presented to the Coast
Guard by vessel owners during the regular inspection for certification
as proof that the cargo gear has been inspected in a satisfactory
manner.
This approach is consistent with the Coast Guard's efforts to
implement alternative compliance methods. This proposed rule would not
undermine the authority of the Officer in Charge, Marine Inspection to
inspect cargo gear when the adequacy of the cargo gear is suspected.
The regulations in 46 CFR 31.10-15 describe the scope of the Inspection
for Certification, and states that the inspection shall be such as to
[[Page 58811]]
ensure that a vessel's equipment is in satisfactory condition and fit
for the service for which it is intended. The regulations in 46 CFR
71.25-50 and 46 CFR 91.25-50 state that nothing in those subparts shall
be construed as limiting the inspector from making such tests or
inspections as deemed necessary to be assured of the safety and
seaworthiness of the vessel. Thus the marine inspector would still be
able to inspect the cargo gear if inspection is deemed necessary. When
the Coast Guard does find it necessary to inspect cargo handling gear
prior to explosives handling operations, guidance can currently be
found in Navigation Vessel Inspection Circular (NVIC) No. 2-96. This
NVIC provides guidance to Coast Guard Marine Safety field units
concerning the inspection of shipboard and shoreside cargo gear prior
to its use in explosives handling operations. NVIC 2-96 currently
refers field units to follow the procedures laid out in 46 CFR 91.37
for certain tests and procedures prior to permitting explosives
handling operations. However, this rulemaking proposes to remove the
existing regulations at 46 CFR 91.37. Upon or before publication of a
final rule, the Coast Guard will issue a change to NVIC 2-96 that will
reference equivalent industry standards instead of referring to 46 CFR
91.37.
Section 32.55-20
This section is proposed for revision to state that tank vessels
may arrange tank vents and headers in accordance with either SOLAS tank
vent requirements or the current Coast Guard tank vent requirements.
Current Coast Guard regulations require that tank vents for Grade A
liquids must extend to a height above the weather deck equal to at
least 13.1 feet (approximately 4 meters), or an adjustable system must
be provided which is capable of reaching a height of 13.1 feet when
extended vertically. Current Coast Guard regulations also state that
the vent header must terminate at a distance comparable to 13.1 feet
(approximately 4 meters) from any living or working space, ventilator
inlet, or source of ignition. On the other hand, SOLAS requires a
pressure vent height of 2 meters and a distance of 5 meters from the
vent header from any living or working space, ventilator inlet, or
source of ignition. In addition, SOLAS has loading vent requirements.
The Coast Guard regulations exceed the SOLAS regulations for vent
heights. The Coast Guard is proposing to amend the vent height and vent
header distance requirements to allow vessels to be consistent with
international standards. This should provide a financial savings to the
marine industry because of the lower cost for materials and the greater
possibility for international usage of ship designs without changing
the design to meet differing U.S. standards. All previously approved
arrangements will continue to be considered satisfactory.
Sections 34.10-5, 76.10-5, 95.10-5 and 193.10-5
Current Coast Guard regulations prohibit branch pipe lines from
being connected to the fire main for other than fire or deck wash
purposes. This prohibition limits piping usages. The proposed rules, if
adopted, would allow greater flexibility by removing the blanket
prohibition against the connection of branch lines to the fire main.
Under the proposed rules, the only limitation on branches off the fire
main would be that the fire main would have to be capable of meeting
firefighting requirements and the requirements of any additional
services installed on the fire main simultaneously. The Coast Guard's
enforcement policy for many years, in accordance with NVIC 6-72, has
been consistent with this proposed regulatory change.
Section 34.20-5
SOLAS regulations governing the sizing of deck foam systems were
developed with active participation by the Coast Guard, through its
role as the U.S. representative to IMO. The SOLAS regulations for foam
systems have proven to result in safe and effective designs for
approximately twenty years. Current Coast Guard regulations require a
greater foam application rate for tanker deck foam systems than SOLAS
requires. This disparity causes a financial burden for U.S. flag
merchant ship owners and operators. Therefore, the Coast Guard proposes
to harmonize its deck foam regulations with the applicable SOLAS
provisions.
Sections 56.01-2, 56.10-5 and 56.60-25
The Coast Guard participated in the development of a comprehensive
set of guidelines for the shipboard application of plastic pipe with
the International Maritime Organization (IMO). The proposed rules, if
adopted, would replace the current Coast Guard regulations in this area
by incorporating the resulting IMO Resolution A.753(18), Guidelines for
the Application of Plastic Pipes on Ships, into the Coast Guard
regulations to harmonize the Coast Guard regulations with international
standards for the use of plastic pipe aboard ship. The current Coast
Guard regulations allow only a very limited usage of plastic pipe on
board vessels. The proposed amendment would afford U.S. ship operators
greater flexibility by allowing a greater use of plastic pipes
throughout a vessel.
Sections 56.07-10 and 56.60-2
For the design of a piping system, in the determination of which
materials may be used, current Coast Guard regulations do not allow the
tabulated yield strength of a material to be used in calculations.
Current Coast Guard regulations reduce the allowable yield strengths of
materials used in piping systems to 80 percent of the tabulated value
unless dynamic effects are taken into account. The ABS rules,
containing no similar restriction have shown to be successful.
Therefore, the proposed rules, if adopted, would harmonize Coast Guard
regulations with ABS rules by removing the reduction to 80 percent of
the allowable yield strength and requiring that ship motion be
considered in piping system designs.
Section 56.50-90
Current Coast Guard regulations do not allow perforations in
sounding tubes fitted for oil tanks. The ABS rules contain no similar
prohibition and have been shown to be successful with no degradation in
safety. The proposed rules, if adopted, would remove the prohibition of
perforations in sounding tubes fitted for oil tanks and harmonize this
aspect of Coast Guard requirements with ABS rules.
Sections 56.50-103 and 56.97-40
Current Coast Guard regulations do not allow the installation of
fixed oxygen-acetylene distribution piping. The Coast Guard has
historically prohibited such installations due to concern over leaks of
flammable gases. However, ABS and foreign class society rules allowing
the installation of fixed oxygen-acetylene piping have been shown to be
successful without adverse effects on safety. Therefore the proposed
rules, if adopted, would add two new sections to allow the installation
of fixed oxygen-acetylene distribution piping on all vessels.
Section 56.95-10
Current Coast Guard regulations contain requirements for
radiographic testing of welds in certain types of piping installations.
These provisions require radiographic testing for a broader range of
pipe sizes than ABS rules. The ABS rules, requiring radiographic
testing for a smaller range of pipe sizes than Coast Guard regulations,
have proven safe and effective. The Coast Guard proposes to
[[Page 58812]]
eliminate the cost disadvantage caused by the current Coast Guard
requirements to perform radiographic testing on a larger number of
welds, by harmonizing the Coast Guard requirements for radiographic
testing with ABS rules.
Section 61.10-5
The Coast Guard is proposing to amend the examination interval for
pressure vessels from 2.5 years to 5 years. Coast Guard records
indicate that pressure vessel failure has not been a significant
problem. The longer 5 year examination interval has proven to have no
negative effect on safety through the successful use of this interval
by ABS, without experiencing a degradation of safety. Each examination
required by the Coast Guard imposes a burden upon the shipowner in the
form of operating time lost. Therefore, the Coast Guard is proposing to
reduce this burden by increasing the interval between required pressure
vessel examinations from 2.5 years to a 5 year interval.
Sections 61.20-5, 31.10-20, 71.50-1, 91.40-1, and 189.40-1
The Coast Guard is proposing to amend the examination interval for
sea valves, sea chests, sea strainers, and valves for the emergency
bilge suction from 2.5 years to 5 years. Coast Guard records indicate
that sea valves, sea chests, sea strainers, and valves for the
emergency bilge suction do not demonstrate a significant failure rate.
The longer 5 year examination interval has proven to have no negative
effect on safety through the successful use of this interval by ABS,
without experiencing a degradation of safety. Each examination required
by the Coast Guard imposes a burden upon the shipowner in the form of
operating time lost. Therefore, the Coast Guard is proposing to reduce
this burden by increasing the interval between required examinations
from 2.5 years to a 5 year interval.
Section 197.462
Current Coast Guard regulations for diving systems require annual
pressure tests for pressure vessels and pressure piping. This
requirement is excessive when compared to other successful standards
for diving systems, such as ABS rules, which require pressure testing
every 3 years. The proposed rules, if adopted, would harmonize the
Coast Guard regulations with ABS rules and vessel drydocking intervals
by extending the pressure testing interval from 1 year to 3 years.
Under the proposed rules, pressure vessels and pressure piping in
diving systems would still continue to be required to be annually
inspected for damage or deterioration that would affect the safety of
the system. Any required repairs would still have to be made to the
satisfaction of the Officer in Charge, Marine Inspection.
Amendments Which Remove Obsolete or Unnecessary Requirements
The following sections listed contain references to laws or
statutes which have been repealed or recodified. Therefore, references
to these obsolete laws would be removed or revised as appropriate. The
sections which would be revised or removed are: Sections 2.01-1, 2.01-
10, 2.01-20, 2.01-40, 2.01-50, 2.01-60, 2.85-1, 3.01-1, 3.03-1, 3.10-1,
4.01-3, 4.40-3, 4.40-5, 4.40-30, 6.07, 6.15, 7.1, 12.01-5, 12.02-19,
12.25-35, 24.01-1, 24.10-9, 24.10-15, 24.10-17, 24.10-21, 24.15-5,
25.40-1, 26.03-5, 26.10, 30.01-20, 30.10-19, 30.10-43, 30.10-47, 30.20-
10(a), 32.53-1, 32.55-30, 35.01-40, 35.07-10, 50.10-5, 50.10-10, 50.10-
15, 68.01, 68.01-1, 68.01-3, 68.01-15, 70.01-1, 70.05-15, 70.05-25,
70.10-11, 70.10-25, 70.10-33, 71.01-10, 71.30-1, 72.01-1, 78.37-10,
78.65-1, 80.01, 80.40, 90.01-1, 90.05-30, 90.10-9, 90.10-21, 90.10-23,
90.10-27, 90.10-36, 97.53-1, 105.01-1, 105.35-1, 109.431, the authority
cite for Part 147A, the authority cite for Part 148, 148.01-1,
subchapter O Note, 150.110, 151.03-30, 151.03-41, 153.2, 166.01,
167.01-1, 167.05-15, 167.05-20, 167.05-30, 167.10-1, 167.25-20, 168.01-
10, 188.01-1, 188.01-3, 188.05-2, 188.05-10, 188.05-30, 188.10-13,
188.10-45, 188.10-49, 188.10-55, 188.10-65, 196.53-1, 197.480, Subparts
2.45 and 2.50.
The printed deadlines for compliance with certain regulations have
passed. Therefore, these deadlines are obsolete and are proposed for
removal. The following sections contain expired deadlines. These
sections are proposed for removal or revision as appropriate:
Sections 10.202, 10.470, 10.472, 10.474, Subpart 12.07,
Secs. 12.17, 12.17-1, 12.17-5, 12.17-7, 12.17-10, 12.17-15, 12.17-20,
15.815, 16.205, 16.207, 25.26-5, 25.26-20, 28.120, 30.01-15, 32.50-35,
35.30-20, 35.35-85, 39.10-13, 69.11, 109.121, 153.470 Note, 153.482,
153.1118, 160.053-1, 167.45-60, 167.45-75, 195.30-90, 195.35-90, and
197.540.
Subpart 2.50
The Coast Guard is proposing to remove Subpart 2.50 because this
subpart contains no regulations.
Sections 12.15-13 and 12.15-15
Each of these sections contains a paragraph which allows for the
presentation of temporary letters dated prior to December 1, 1966.
These paragraphs are proposed for removal, as any such letters would
now, thirty years later, be unacceptable to the Coast Guard as proof
for Merchant Mariner Documents.
Sections 24.01-5, 30.01-3, 50.01-5, 70.01-5, 90.01-5, 168.01-5, and
188.01-5
These sections are proposed for removal as these sections are
obsolete and duplicative. These sections detail the arrangements for
the transfer of the Coast Guard from the Department of the Treasury to
the Department of Transportation.
Section 32.55-40
This section is proposed for removal as this section contains no
regulations.
Sections 34.10-10, 76.10-10, and 95.10-10.
Current Coast Guard regulations prescribe the thread size for
National Standard fire hose coupling threads. The Coast Guard proposes
that it is not necessary to prescribe the details for hose couplings,
but only the performance intended. The usage of a particular thread
size is not a safety concern. The safety concern lies only in the
requirement that the coupling, which allows the connection of any fire
hose to any fire station, be of a uniform type. Uniformity of the hose
couplings on the ship will be the responsibility of the ship operator.
Therefore, the specific thread size requirements are proposed for
removal.
Sections 35.25-15, 35.25-20, 61.05-20, 78.17-30, 78.33-20, 78.55-1,
97.15-15, 97.30-20, 97.45-1, 109.423, and 109.555
Current Coast Guard regulations require boiler safety valves to be
sealed after the Coast Guard tests the valves. These regulations were
originally intended to discourage vessel crews from tampering with
boiler safety valves in order to operate the boiler at a higher than
designed pressure. Modern ships are designed so that the steam
propulsion system delivers optimum performance at the designed steam
pressure. Additionally, modern ships generally adhere to fixed
schedules, without as much time spent at sea between ports. Therefore,
modern mariners do not have the same incentives to gag safety valves as
mariners in the past might have. The requirement to seal boiler safety
valves is an antiquated requirement and is inconsistent with the
President's call for greater industry/government partnerships.
Therefore, the provisions
[[Page 58813]]
for sealing boiler safety valves are proposed for removal.
Section 56.50-30(b)(6)
This section, which requires a sentinel valve for an economizer
when a valved bypass is installed, is not necessary, and is therefore
proposed for removal. Sentinel valves originally served as indicators
of hazardous boiler operation by giving audible indication that the
system is overheated and overpressured. Modern boiler automated
controls have superseded the need for sentinel valves. Several fail
safe mechanisms are incorporated into the boiler automated controls to
prevent operation of the boiler with a low water level. Consequently,
there is no need for sentinel valves on the economizer and this
requirement is proposed for removal.
Section 58.10-10(b)
This paragraph refers to the installation of asbestos to protect
semidiesel or hotbulb diesels. Asbestos may not now be installed on
vessels and semidiesels and hotbulb diesels are technologically
obsolete. Therefore, this paragraph is proposed for removal.
Section 63.25-3
As part of the Presidential Regulatory Reform Initiative, the Coast
Guard solicited public comments regarding regulatory reform. Comments
received from industry stated that the Coast Guard requirement to test
the electric hot water supply boiler controls was financially
burdensome to the maritime industry. Each test required by regulation
imposes a burden in the form of operating time lost. Additionally, the
electric hot water supply boiler is not vital to the operation of the
ship. Therefore, the requirement to test the electric hot water supply
boiler controls at every inspection for certification has been
determined to be unnecessary and is proposed for removal.
Subpart 70.30, Secs. 90.30-1 and 90.30-5
The provisions of these subparts address vessels acquired under the
Act of August 9, 1954 and installations of equipment made during the
unlimited national emergency declared by the President on May 27, 1941.
These subparts are no longer necessary and are therefore proposed for
removal. The Act of August 9, 1954 has been recodified, resulting in an
erroneous citation. The regulations addressing equipment made during
the unlimited national emergency declared by the President on May 27,
1941, are no longer necessary because Coast Guard records indicate that
there are no more of these vessels in commercial service. Coast Guard
records indicate that installations of equipment made during the
unlimited national emergency declared by the President on May 27, 1941,
now exist only in historical or museum type capacities.
Section 72.05-10
The Coast Guard is proposing to remove the requirement that there
be an opening at the top of doors so that smoke may be detected by a
manual patrol. Modern smoke detectors have obviated the need for these
openings, which actually degrade the fire safety of corridors, and
manual patrols are no longer used by the type of vessels required to
meet these standards.
Subpart 78.43
The Coast Guard proposes to remove the regulation regarding
railroad passenger car ferries, as railroad passenger car ferries are
no longer in use. Therefore, this regulation is unnecessary.
Sections 78.47-27 and 97.37-20
Gas masks are no longer required by the Coast Guard, therefore the
references to gas masks are proposed for removal.
Section 105.10-1
This section is proposed for removal as this section is
unnecessary. This section contains no regulations or definitions. This
section only states that some terms which are used are defined,
therefore this section is proposed for removal.
Sections 160.001-1 and 160.001-2
Section 160.001-1, contained in the general regulations for life
preservers, states that certain federal and military specifications for
thread are later referenced in the subpart. However, the listed
specifications are no longer referenced, thereby making this section
obsolete. The contents of this section are therefore being deleted. The
section is being revised to contain other information of general
applicability to life preservers.
Section 160.001-2 specifies in paragraph (b) that the minimum
buoyancy for life preservers must be at least 75 N (16.5 lbs.), which
is equal to the buoyancy of cork and balsa wood life preservers. As
cork and balsa life preservers are no longer approved, the Coast Guard
is proposing to increase the minimum buoyancy value for the preservers
to 100 N (22 lbs.), the buoyancy of the lowest currently approved adult
design. Current Coast Guard regulations do not allow for the approval
of any type of life preserver with a buoyancy less than 100 N (22 lbs.)
and therefore this change will have no substantive effect.
Current paragraph 160.001-2(d) requires that life preservers must
be reversible. However, the Coast Guard has approved designs which are
not reversible. In addition, SOLAS provides for approval of designs
that clearly can be put on in only one way. Therefore, the Coast Guard
proposes to revise this section to reflect that a non-reversible life
preserver may be approved, as well as adding a provision to allow
approval of designs that are capable of being donned in more than one
way, but which tests show a majority of users don correctly without
demonstration and the design poses no significant risk to the user if
the device is inadvertently donned inside-out.
Sections 160.006, 160.006-1, 160.006-4, and 160.006-5
These sections of 46 CFR subpart 160.006 apply to the cleaning
process for PFDs. They are being proposed for removal and the title
changed because there have been no applications for the approval of
cleaning processes in many years and there are currently no approved
cleaning processes for PFDs.
Sections 160.024-6, 160.035-2, 160.035-3, 160.035-4, 160.035-5,
160.035-6, 160.035-7, and 160.035-9
The regulations setting out specifications for, or requiring the
carriage of, the following items are proposed for removal as the
regulations are obsolete: the container for storing the signals on
lifeboats and liferafts; classifications for motor lifeboats;
specifications for riveting lifeboats; specifications for the keel,
stem, sternpost, gunwales, shell plating, floors, nosings, breast
plates, thwarts, sides and end benches, stanchions, footings, rudders,
buoyancy tanks for lifeboats; steel hand propelled lifeboats; Class 2
lifeboats; wooden lifeboats; definitions of the cubic capacity of
lifeboats and the number of persons a lifeboat may be permitted to
accommodate.
Sections 167.65-45 and 196.05-1
These sections are proposed for revision to remove references to
Coast Guard Districts which no longer exist, District 3 and District
12.
Section 170.210
The Coast Guard indefinitely delayed the implementation of this
section by a notice in the Federal Register on December 10, 1992 [57 FR
58406] to further investigate the costs associated with the performance
of the periodic
[[Page 58814]]
lightweight survey the section requires. After careful consideration
the Coast Guard has determined that the requirements of this section
will not significantly contribute to enhanced vessel safety and, if
implemented, would result in an unnecessary and excessive economic
burden. Therefore, this section, containing the provisions for periodic
lightweight verification for those vessels not required to be SOLAS
certificated are proposed for removal.
Statutory Language Repeated
Section 3.01-3
This section is proposed for removal because this section
duplicates the authority citation for the subpart.
Section 30.20-1
This section repeats the definition of Officer in Charge, Marine
Inspection, which is stated in Sec. 30.10-47.
Section 30.20-10(b)
Section 30.20-10(b) describes the conditions in which certificates
of inspection may be revoked or suspended. Section 30.20-10(b) is
proposed for deletion as the information contained in Sec. 30.20-10(b)
is also contained in Sec. 31.05-10(c).
Section 30.20-50
Section 30.20-50 states that any person affected by a decision or
action may appeal therefrom in accordance with 46 CFR subpart 1.03.
Section 30.20-50 is proposed for removal, as the appeal procedures
contained in 46 CFR subpart 1.03 specifically state they apply
throughout title 46.
Section 32.60-25
In Sec. 32.60-25, paragraph (b) is proposed for removal, as this
paragraph only directs the reader to see 46 CFR subpart 32.57 for
structural fire protection regulations for tank vessels contracted for
on or after January 1, 1963.
Sections 35.12, 78.53, 97.43, 167.65-50, and 196.43
These subparts and section apply to placards of lifesaving signals.
These subparts and section are no longer necessary because regulations
for the necessary information for lifesaving signals are contained in
the newly revised Subchapter W (61 FR 25272), which contains lifesaving
requirements for all vessels. Therefore, these regulations are proposed
for removal from individual subchapters.
Section 154.1445
Section 154.1445 is proposed for removal as this section contains
lifesaving requirements. Lifesaving requirements are now contained in
the newly revised Subchapter W (61 FR 25272).
Sections 160.013-4, 160.016-3, 160.041-5(a), 160.044-4(a), 160.054-
5(a), 160.056-5, and 160.061-6
The regulations listed state that the Coast Guard may inspect the
place of manufacture for the following items: hatchets (lifeboat and
liferaft) for merchant vessels; flame safety lamps, first aid kits for
merchant vessels; lifeboat bilge pumps for merchant vessels; first aid
kits for inflatable liferafts; rescue boats; and emergency fishing
tackle kits for merchant vessels. The Coast Guard proposes to remove
these regulations because they unnecessarily duplicate provisions in 46
CFR 159.005. 46 CFR 159.005-5(3) states that the manufacturer of
approved equipment must allow access to the place of manufacture to an
official representative of the Coast Guard.
Sections 160.013-6, 160.041-7, 160.043-7, 160.044-6, 160.054-7,
160.058-6, 160.061-7, 160.062-6 (a), (b), and (d)
These regulations apply to the procedures for approvals of:
hatchets (lifeboats and liferafts) for merchant vessels; first aid kits
for merchant vessels; jackknives (with can opener) for merchant
vessels; lifeboat bilge pumps for merchant vessels, first aid kits for
inflatable liferafts; sea water desalter kits for merchant vessels,
emergency fishing tackle kits for merchant vessels; hydraulic and
manual lifesaving equipment releases. The Coast Guard proposes to
remove these regulations because they unnecessarily duplicate
provisions in 46 CFR 159.005. 46 CFR 159.005 describes approval
procedures for equipment and materials which require preapproval
inspections and tests by an independent laboratory; or preapproval
inspections and tests by the manufacturer; or no preapproval
inspections or tests. The approvals described in the cites listed above
meet one of these conditions, therefore the specific approval
procedures for the individual types of equipment may be removed.
Finally, the proposed changes would streamline the Coast Guard's
regulations.
Incorporation by Reference
Material that would be incorporated by reference is contained in 33
CFR 155.140 and 159.2, and 46 CFR 34.01-15, 35.01-3, 56.01-2, 63.05-1,
76.01-2, 78.01-2, 95.01-2, 97.01-2, 108.101, 109.105, 164.013-2,
172.020, and 193.01-3. Copies of the material are available for
inspection where indicated under ADDRESSES. Copies of the material are
available from the sources listed in 33 CFR 155.140 and 159.2, and 46
CFR 34.01-15, 35.01-3, 56.01-2, 63.05-1, 76.01-2, 78.01-2, 95.01-2,
97.01-2, 108.101, 109.105, 164.013-2, 172.020, and 193.01-3. Copies of
the material are available for inspection in Room 1308, U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
Before publishing a final rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This
regulation proposes to remove obsolete, unnecessary or excessive
provisions, and to harmonize existing regulations with current
international and national safety standards, therefore, the economic
impact of this regulation is expected to be minimal.
Vessel owners or operators will not be required to purchase the
international and national standards incorporated by reference in this
proposed rule. If purchased, the total one-time cost of all the
reference materials included in this proposal is estimated to be $250.
The Coast Guard did not itemize the cost of reference materials by
vessel type. However, the cost of purchasing these materials is
estimated to be significantly less than $250 per vessel because the
vessel owner or operator will only need to reference materials for
standards that apply to their vessel type(s). Vessels owners or
operators needing to reference these publications can chose to purchase
them. However, most of the reference materials are available in the
public forum at no cost.
A portion of the tank vessel industry may be affected by the cost
of fitting additional emergency towing equipment. These vessels were
required under 33 CFR Part 155, Emergency towing capability for oil
tankers (58 FR
[[Page 58815]]
67996), to install this equipment on either the bow or stern by 1997.
This proposal will make the arrangement required on both ends of a
vessel at an estimated one-time cost per vessel of $47,175 by 1999 as
required currently in SOLAS. This proposal will only affect oil
tankships between 20,000 to 50,000 deadweight tons that are not
presently subject to SOLAS. In some cases, the Coast Guard has allowed
delayed compliance of 33 CFR 155 for existing oil tankships until 1999.
This proposal changes the existing 33 CFR 155 implementation date of
1997 to 1999 for all tankships including those ships that may require
an additional towing arrangement installation. This proposed delay will
allow tank vessel owners or operators the flexibility to comply without
additional drydocking expense and provides them the time to research
and compare installation costs.
Furthermore, the Coast Guard believes that harmonizing its
regulations to international and national standards will benefit the
maritime industry by simplifying the requirements to which their
vessels are subject.
The Coast Guard solicits cost data and comments to confirm the
economic impact, if any, of these proposed requirements from all
interested parties.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, 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; (2) governmental jurisdictions with
populations of less than 50,000; and (3) a ``small business'' as
defined by section 3 of the Small Business Act (15 U.S.C. 632(a)).
Pursuant to 15 U.S.C. 632(a), the standard industrial classification
codes and size standards are set forth in the table following 13 CFR
121.601.
The Coast Guard believes this proposed rule will have no
significant economic impact on small entities because it amends
portions of regulations that: (1) are purely administrative; (2) do not
reflect common marine industry practice; (3) do not have general
applicability; or (4) are repeated in other sections (see Regulation
Evaluation section of this document for cost estimates). In cases where
small entities may need to use publications, referred to in this
proposal, they are available in the public forum at no cost or can be
purchased at minimal cost. In addition, the proposed requirement to
install an emergency towing arrangement only affects oil tankships
between 20,000 and 50,000 deadweight tons not presently subject to
SOLAS. The Coast Guard is not aware of any vessels in this category
owned or operated by a small entity. If, however, you think that your
business or organization qualifies as a small entity as described and
that this proposal will have a significant economic impact on your
business or organization, please submit a comment (see ``ADDRESSES'')
explaining why you think it qualifies and in what way and to what
degree this proposal will economically affect it.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, as reviewed by 59 FR 38654, July 29, 1994, this
proposal is categorically excluded from further environmental
documentation. The rule is a matter of ``manning, documentation,
admeasurement, inspection, and equipping of vessels'' as well as,
``equipment approval and carriage requirements'' within the meaning of
subparagraphs 2.B.2.e(34)(d) and (e) of Commandant Instruction
M16475.1B that clearly has no significant environmental impact. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ``ADDRESSES.''
List of Subjects
33 CFR 155
Hazardous substances, Incorporation by reference, Oil Pollution,
Reporting and recordkeeping requirements.
33 CFR 159
Incorporation by reference, Sewage disposal, Vessels.
46 CFR 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR 3
Oceanographic research vessels, Reporting and recordkeeping
requirements, Research.
46 CFR 4
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Investigations, Marine safety, National Transportation
Safety Board, Nuclear vessels, Radiation protection, Reporting and
recordkeeping requirements, Safety, Transportation.
46 CFR 6
Navigation (water), Reporting and recordkeeping requirements,
Vessels.
46 CFR 7
Law enforcement, Vessels.
46 CFR 10
Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR 12
Reporting and recordkeeping requirements, Seaman.
46 CFR 15
Reporting and recordkeeping requirements, Seaman, Vessels.
46 CFR 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
46 CFR 24
Marine safety.
46 CFR 25
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR 28
Fire prevention, Fishing vessels, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements, Seaman.
46 CFR 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seaman.
46 CFR 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational
[[Page 58816]]
safety and health, Reporting and recordkeeping requirements, Seaman.
46 CFR 34
Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.
46 CFR 35
Cargo vessels, Incorporation by reference, Marine safety,
Navigation (water), Occupational safety and health, Reporting and
recordkeeping requirements, Seaman.
46 CFR 39
Cargo vessels, Fire prevention, Hazardous materials transportation,
Marine safety, Occupational safety and health, Reporting and
recordkeeping requirements.
46 CFR 50
Reporting and recordkeeping requirements, Vessels.
46 CFR 56
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR 58
Reporting and recordkeeping requirements, Vessels.
46 CFR 61
Reporting and recordkeeping requirements, Vessels.
46 CFR 63
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR 68
Vessels
46 CFR 69
Measurement standards, Penalties, Reporting and recordkeeping
requirements, Vessels.
46 CFR 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR 72
Fire prevention, Marine safety, Occupational safety and health,
Passenger vessels, Seamen.
46 CFR 76
Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.
46 CFR 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR 78
Incorporation by reference, Marine safety, Navigation (water),
Passenger vessels, Penalties, Reporting and recordkeeping requirements.
46 CFR 80
Advertising, Marine safety, Passenger vessels, Penalties, Travel.
46 CFR 90
Cargo vessels, Marine safety.
46 CFR 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR 92
Cargo vessels, Fire prevention, Marine safety, Occupational safety
and health, Seamen.
46 CFR 93
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR 95
Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.
46 CFR 96
Cargo vessels, Marine safety, Navigation (water).
46 CFR 97
Cargo vessels, Incorporation by reference, Marine safety,
Navigation (water), Reporting and recordkeeping requirements.
46 CFR 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR 108
Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Oil and gas exploration, Vessels.
46 CFR 109
Incorporation by reference, Marine safety, Occupational safety and
health, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR 147A
Fire prevention, Hazardous substances, Occupational safety and
health, Pesticides and pests, Seamen, Vessels.
46 CFR 148
Cargo vessels, Hazardous materials transportation, Marine safety.
46 CFR 150
Hazardous materials transportation, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements.
46 CFR 151
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR 153
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Reporting and recordkeeping
requirements, Water pollution control.
46 CFR 154
Cargo vessels, Gases, Hazardous materials transportation, Marine
safety, Reporting and recordkeeping requirements.
46 CFR 159
Business and industry, Laboratories, Marine safety, Reporting and
recordkeeping requirements.
46 CFR 160
Marine safety, Reporting and recordkeeping requirements.
46 CFR 164
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.
46 CFR 166
Schools, Seamen, Vessels.
46 CFR 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR 168
Occupational safety and health, Schools, Seamen, Vessels.
46 CFR 170
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR 172
Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Marine safety.
46 CFR 188
Marine safety, Oceanographic research vessels.
[[Page 58817]]
46 CFR 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR 193
Fire prevention, Incorporation by reference, Marine safety,
Oceanographic research vessels.
46 CFR 195
Marine safety, Navigation (water), Oceanographic research vessels.
46 CFR 196
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR 197
Benzene, Diving, Marine safety, Occupational safety and health,
Reporting and recordkeeping requirements, Vessels.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR parts 155 and 159 and 46 CFR Parts 2, 3, 4, 6, 7, 10,
12, 15, 16, 24, 25, 26, 28, 30, 31, 32, 34, 35, 39, 50, 56, 58, 61, 63
68, 69, 70, 71, 72, 76, 77, 78, 80, 90, 91, 92, 93, 95, 96, 97, 105,
108, 109, 147A, 148, 150, 151, 153, 154, 159, 160, 164, 166, 167, 168,
170, 172, 188, 189, 193, 195, 196, and 197 as follows:
33 CFR __________
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
1. The authority citation for Part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1), 46 U.S.C. 3715; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. Sections
155.100 through 155.130, 155.350 through 155.400, 155.430, 155.440,
155.470, and 155.1010 through 155.1070 also issued under 33 U.S.C.
1903(b). Sections 155.480, 155.750(e), and 155.775 are issued under
46 U.S.C. 2103 and section 4110, Pub. L. 101-380, 104 Stat. 515 (46
U.S.C. 3703 note).
Note: Additional requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR parts 30 through 36,
150, 151, and 153.
Sec. 155.140 [Amended]
2. In Sec. 155.140, paragraph (b) is amended by adding in
alphabetical order to the organizations referenced, the following
standards:
Sec. 155.140 Incorporation by reference.
* * * * *
(b) * * *
International Maritime Organization (IMO) Publications
* * * * *
Resolution MSC.35(63).
Adoption of Guidelines for Emergency Towing Arrangements on
Tankers, May 20, 1994...........................................155.235
* * * * *
3. Section 155.235 is revised to read as follows:
Sec. 155.235 Emergency towing capability for oil tankers.
An emergency towing arrangement shall be fitted at both ends on
board all oil tankers of not less than 20,000 deadweight tons (dwt),
constructed on or after [publication date of the final rule]. For oil
tankers constructed before [publication date of the final rule], such
an arrangement shall be fitted at the first scheduled dry-docking after
[publication date of the final rule] but not later than 1 January 1999.
The design and construction of the towing arrangement shall be in
accordance with IMO resolution MSC.35(63).
PART 159--MARINE SANITATION DEVICES
4. The authority citation for Part 159 continues to read as
follows:
Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1));
49 CFR 1.45(b) and 1.46(l) and (m).
Sec. 159.2 [Added]
5. Section 159.2 is added to read as follows:
Sec. 159.2 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
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 paragraph (b) of 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 Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard,
Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
International Maritime Organization (IMO), Publications Section, 4
Albert Embankment, London, SE1 75 R, England
Resolution MEPC.2(VI), Recommendation on
International Effluent Standards and
Guidelines for Performance Tests for
Sewage Treatment Plants, December
1976...........................................................159.7
6. In Sec. 159.3, the definition of Length is added in alphabetical
order to read as follows:
Sec. 159.3 Definitions.
* * * * *
(g) Length means a straight line measurement of the overall length
from the foremost part of the vessel to the aftermost part of the
vessel, measured parallel to the centerline. Bow sprits, bumpkins,
rudders, outboard motor brackets, and similar fittings or attachments
are not to be included in the measurement.
* * * * *
7. Section 159.5 is revised to read as follows:
Sec. 159.5 Requirements for vessel manufacturers.
No manufacturer may manufacture for sale, sell, offer for sale, or
distribute for sale or resale any vessel equipped with installed toilet
facilities unless it is equipped with:
(a) An operable Type II or III device that has a label on it under
Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a; or
(b) If the vessel is 19.7 meters (65 feet) or less in length, an
operable Type I device that has a label on it under Sec. 159.16 or that
is certified under Sec. 159.12.
8. In Sec. 159.7, the note is removed and the section is revised to
read as follows:
Sec. 159.7 Requirements for vessel operators.
(a) No person may operate any vessel equipped with installed toilet
facilities unless it is equipped with:
(1) An operable Type II or III device that has a label on it under
Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a;
(2) If the vessel is 19.7 meters (65 feet) or less in length, an
operable Type I device that has a label on it under Sec. 159.16 or that
is certified under Sec. 159.12; or
(b) When operating a vessel on a body of water where the discharge
of treated or untreated sewage is prohibited by the Environmental
Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure
each Type I or Type II device in a manner which prevents discharge of
treated or untreated sewage. Acceptable methods of securing the device
include--
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the
closed position; or
[[Page 58818]]
(4) Locking the door to the space enclosing the toilets with a
padlock or door handle key lock.
(c) When operating a vessel on a body of water where the discharge
of untreated sewage is prohibited by the Environmental Protection
Agency under 40 CFR 140.3, the operator must secure each Type III
device in a manner which prevents discharge of sewage. Acceptable
methods of securing the device include--
(1) Closing each valve leading to an overboard discharge and
removing the handle;
(2) Padlocking each valve leading to an overboard discharge in the
closed position; or
(3) Using a non-releasable wire-tie to hold each valve leading to
an overboard discharge in the closed position.
9. Section 159.201 is revised to read as follows:
Sec. 159.201 Recognition of facilities.
A recognized facility is an independent laboratory accepted by the
Coast Guard under 46 CFR 159.010 to perform the tests and inspections
required under this part. A list of accepted laboratories is available
from the Commandant (G-MSE-4).
10. Section 159.205 is removed and reserved.
46 CFR __________
PART 2--VESSEL INSPECTIONS
11. The authority citation for Part 2 continues to read as follows:
Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 33 U.S.C. 1903; 43
U.S.C. 1333, 1356; 46 U.S.C. 2110, 3306, 3703, 5115, 8105; E.O.
12234, 45 FR 58801, 3 CFR 1980 Comp., p. 277; 49 CFR 1.46; Subpart
2.45 also issued under the authority of Act Dec. 27, 1950, Ch. 1155,
secs 1, 2, 64 Stat 1120 (see 46 U.S.C. App. Note prec. 1).
12. In Sec. 2.01-1, paragraphs (a)(1) and (d)(2) are revised to
read as follows:
Sec. 2.01-1 Applications for inspections.
(a) * * *
(1) Applications for inspections of vessels required to be
inspected under Subtitle II, Title 46 of the U.S.C. or under 50 U.S.C.
198 shall be made by the master, owner or agent on the following Coast
Guard forms which are obtainable from the Officer in Charge, Marine
Inspection, at any local U.S. Coast Guard Marine Safety Office.
* * * * *
(d) * * *
(2) Certain foreign-built vessels are not permitted to engage in
the U.S. coastwise trade (domestic trade) unless specifically
authorized by law. Therefore, when foreign-built vessels are intended
for use in the coastwise trade as defined by the Bureau of Customs,
such vessels will not be inspected and certificated unless specifically
authorized by law to engage in the coastwise trade.
13. In Sec. 2.01-10, the first sentence of paragraph (b) is revised
to read as follows:
Sec. 2.01-10 Inspection requirements--domestic vessels.
* * * * *
(b) The Coast Guard on its own initiative may examine or inspect or
reinspect at any time any vessel subject to inspection under Subtitle
II, Title 46 of the U.S.C. * * *
14. Section 2.01-20 is revised to read as follows:
Sec. 2.01-20 Revocation of certificates of inspection.
Under the authority of 46 U.S.C. 3313 and 46 U.S.C. 3710, a
certificate of inspection issued to a vessel may be suspended or
revoked if a vessel is found not to comply with the terms of its
certificate or fails to meet a standard required by this chapter.
15. In Sec. 2.01-40, paragraph (a) is revised to read as follows:
Sec. 2.01-40 Passengers or persons in addition to crew on cargo or
tank vessels.
(a) Under the authority of 46 U.S.C. 3304, a documented vessel
transporting cargo may be allowed by its certificate of inspection to
carry not more than 12 individuals in addition to the crew on
international voyages and not more than 16 individuals in addition to
crew on other voyages.
* * * * *
16. In Sec. 2.01-45, paragraph (a) is revised to read as follows:
Sec. 2.01-45 Excursion permit.
(a) Under the authority of 46 U.S.C. 2113, a passenger vessel may
be permitted to engage in excursions and carry additional numbers of
passengers. For details see part 71 of subchapter H (Passenger Vessels)
of this chapter.
* * * * *
17. In Sec. 2.01-50, paragraph (a) is revised to read as follows:
Sec. 2.01-50 Persons other than crew on towing, oyster, or fishing
steam vessels.
(a) A steam vessel engaged in towing, oyster dredging and planting,
and fishing may be permitted to carry persons in addition to its crew.
* * * * *
Subpart 2.45--[Removed]
18. Subpart 2.45 is removed.
Subpart 2.50--[Removed]
19. Subpart 2.50 is removed.
Sec. 2.75-19 [Amended]
20. In Sec. 2.75-19, paragraph (a) is amended by removing the words
``Merchant Marine Council'' and replacing them with the terms ``Marine
Safety Council.''
Sec. 2.75-50 [Amended]
21. In Sec. 2.75-50, paragraph (a) is amended by removing the words
``Merchant Marine Council'' and replacing them with the terms ``Marine
Safety Council''.
22. Section 2.85-1 is revised to read as follows:
Sec. 2.85-1 Assignment of load lines.
Most U.S. vessels, and foreign vessels in U.S. waters are required
to have load line assignments in accordance with [46 U.S.C. Chapter
51]. The load lines marks when placed on a vessel indicate the maximum
draft to which such vessel can be lawfully submerged, in the various
circumstances and seasons applicable to such vessel. See subchapter E
(Load Lines) of this chapter for applicable details governing
assignment and marking of load lines.
PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS
23. The authority citation for Part 3 continues to read as follows:
Authority: 46 U.S.C. 2113, 3306; 49 CFR 1.46.
Sec. 3.01-1 [Amended]
24. Section 3.01-1 is amended by removing the terms ``46 U.S.C.
441'' and replacing it with the terms ``46 U.S.C. 2101(18)''.
Sec. 3.01-3 [Removed]
25. Section 3.01-3 is removed.
Sec. 3.03-1 [Amended]
26. Section 3.03-1 is amended by removing the terms ``46 U.S.C.
441'' and replacing it with the terms ``46 U.S.C. 2101(18)''.
Sec. 3.10-1 [Amended]
27. In Sec. 3.10-1, paragraph (a) is amended by removing the terms
``under the provisions of 46 U.S.C. 441''.
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
28. The authority citation for Part 4 continues to read as follows:
Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306,
6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for
[[Page 58819]]
subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.
Sec. 4.01-3 [Added]
29. In Sec. 4.01-3, paragraph (d) is added to read as follows:
Sec. 4.01-3 Reporting exclusion.
* * * * *
(d) Except as provided in subpart 4.40, public vessels are excluded
from the requirements of this part.
30. Section 4.03-40 is revised to read as follows:
Sec. 4.03-40 Public vessels.
Public vessel means a vessel that--
(a) Is owned, or demise chartered, and operated by the U.S.
Government or a government of a foreign country including a vessel
operated by the Coast Guard or Saint Lawrence Seaway Development
Corporation, but not a vessel owned or operated by the Department of
Transportation or any corporation organized or controlled by the
Department; and
(b) Is not engaged in commercial service.
Sec. 4.40-3 [Amended]
31. In Sec. 4.40-3, paragraph (b) is amended by removing the terms
``R.S. 4450 (46 U.S.C. 239)'' and replacing them with the terms ``46
U.S.C. Chapter 63''.
32. In Sec. 4.40-5, paragraph (a) is revised to read as follows:
Sec. 4.40-5 Definitions.
* * * * *
(a) Act means title III of Public Law 93-633, the Independent
Safety Board Act of 1974 (49 U.S.C. 1131).
* * * * *
Sec. 4.40-30 [Amended]
33. In Sec. 4.40-30, paragraph (f) is amended by removing the terms
``R.S. 4450 (46 U.S.C. 239)'' and replacing it with the terms ``46
U.S.C. Chapter 63''.
PART 6--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND
REGULATIONS \1\
34. The authority citation for Part 6 continues to read as follows:
Authority: Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat.
1120 (see 46 U.S.C. App. Note prec. 1); 49 CFR 1.46.
Sec. 6.07 [Amended]
35. In Sec. 6.07, paragraph (a) is amended by removing the terms
``subsection (h) of R.S. 4551, as amended (46 U.S.C. 643)'' and
replacing it with the terms ``46 U.S.C. 10311 (c)''. Paragraph (b) is
amended by removing the terms ``R.S. 4551 (h), as amended (46 U.S.C.
643)'' and replacing it with the terms ``46 U.S.C. 10311 (c)''.
Sec. 6.15 [Removed]
36. Section 6.15 is removed.
PART 7--BOUNDARY LINES
37. The authority citation for Part 7 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 151; 49 CFR 1.46.
Sec. 7.1 [Amended]
38. Section 7.1 is amended by removing the terms ``46 U.S.C. 88,
the Coastwise Loadline Act;'' and replacing it with the terms ``46
U.S.C. 5102 (b)(6), which exempts from loadline requirements certain
vessels on domestic voyages;''.
PART 10--LICENSING OF MARITIME PERSONNEL
39. The authority citation for Part 10 continues to read as
follows:
Authority: 31 U.S.C. 9701, 46 U.S.C. 2101, 2103, 7101, 7106,
7107; 49 CFR 1.45, 1.46; section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
Sec. 10.202 [Amended]
40. In Sec. 10.202, paragraph (e) is amended by removing the last
sentence.
Sec. 10.470 [Amended]
41. In Sec. 10.470, paragraphs (b)(2)(ii), (d)(2)(ii), (f)(2)(ii),
(h)(2)(i), and (j)(2)(ii), are amended by removing the two last
sentences.
Sec. 10.472 [Amended]
42. In Sec. 10.472, paragraph (a)(2)(ii) is amended by removing the
two last sentences.
Sec. 10.474 [Amended]
43. In Sec. 10.474, paragraph (a)(2)(ii) is amended by removing the
two last sentences.
PART 12--CERTIFICATION OF SEAMEN
44. The authority citation for Part 12 continues to read as
follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 2110, 7301, 7701; 49
CFR 1.46.
Sec. 12.01-5 [Removed]
45. Section 12.01-5 is removed.
Sec. 12.02-19 [Amended]
46. Section 12.02-19 is amended by removing the terms ``R.S. 4450,
as amended (46 U.S.C. 239)'' and replacing it with the terms ``46
U.S.C. Chapter 77''.
Subpart 12.07--[Removed]
47. Subpart 12.07 is removed.
Sec. 12.15-13 [Amended]
48. In Sec. 12.15-13, paragraph (a)(1) is removed and paragraphs
(a)(2), (a)(3), and (a)(4) are redesignated paragraphs (a)(1), (a)(2),
and (a)(3) respectively.
Sec. 12.15-15 [Removed]
49. In Sec. 12.15-15, paragraph (a)(1) is removed and paragraphs
(a)(2), (a)(3), and (a)(4) are redesignated as paragraphs (a)(1),
(a)(2), and (a)(3) respectively.
Sec. 12.17-1 [Removed]
50. Section 12.17-1 is removed.
Sec. 12.17-5 [Removed]
51. Section 12.17-5 is removed.
Sec. 12.17-7 [Removed]
52. Section 12.17-7 is removed.
Sec. 12.17-10 [Removed]
53. Section 12.17-10 is removed.
Sec. 12.17-15 [Removed]
54. Section 12.17-15 is removed.
Sec. 12.17-20 [Removed]
55. Section 12.17-20 is removed.
56. Section 12.25-1 is revised to read as follows:
Sec. 12.25-1 Certification required.
Every person employed in a rating other than able seaman or
qualified member of the engine department of U.S. merchant vessels
requiring such certificated persons shall produce a merchant mariner's
document to the master, or person in charge if appropriate, before
signing a shipping articles agreement.
Sec. 12.25-35 [Amended]
57. In Sec. 12.25-35, paragraph (b) is amended by removing the
terms ``under the provisions of title 53 of the Revised Statutes and
the regulations in this subchapter''.
PART 15--MANNING REQUIREMENTS
58. The authority citation for Part 15 continues to read as
follows:
Authority: 46 U.S.C. 3703, 8105; 49 CFR 1.46.
Sec. 15.815 [Amended]
59. In Sec. 15.815, paragraph (c) is amended by removing the terms
``On or after June 1, 1995,'' and by capitalizing the ``e'' in the term
``each''.
PART 16--CHEMICAL TESTING
60. The authority citation for Part 16 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR
1.46.
[[Page 58820]]
Sec. 16.205 [Removed]
61. In Sec. 16.205, paragraphs (a), (b), (c), (d), and (e) are
removed and paragraphs (f) and (g) are redesignated paragraphs (a) and
(b) respectively.
Sec. 16.207 [Removed]
62. In Sec. 16.207, paragraph (b) is removed and the paragraph
designation ``(a)'' is removed.
PART 24--GENERAL PROVISIONS
63. The authority citation for Part 24 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306, 4104, 4302; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
64. In subpart 24.01, the title is revised to read as follows:
Subpart 24.01--Purpose
65. Section 24.01-1 is revised to read as follows:
Sec. 24.01-1 Purpose of regulations.
The purpose of the regulations in this subchapter is to set forth
uniform minimum requirements for uninspected commercial vessels,
certain motor vessels, vessels propelled by said carrying passengers
for hire, and barges carrying passengers for hire.
Sec. 24.01-5 [Removed]
66. Section 24.01-5 is removed.
Sec. 24.10-9 [Amended]
67. Section 24.10-9 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplementary thereto,
and rules and regulations thereunder'' and replacing them with the
terms ``Subtitle II, Title 46 U.S. Code and regulations issued under
these statutes''.
Sec. 24.10-15 [Amended]
68. Section 24.10-15 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplementary thereto,
and rules and regulations thereunder'' and replacing them with the
terms ``Subtitle II, Title 46 U.S. Code and regulations issued under
these statutes''.
Sec. 24.10-17 [Amended]
69. In Sec. 24.10-17, paragraph (a) is amended by removing the
terms ``, since such a boat is also subject to the Act of April 25,
1940, as amended (46 U.S.C. 526-526u), and the regulations promulgated
thereunder''.
Sec. 24.10-21 [Amended]
70. Section 24.10-21 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplementary thereto,
and rules and regulations thereunder'' and replacing them with the
terms ``Subtitle II, Title 46 U.S. Code and regulations issued under
these statutes''.
Sec. 24.15-5 [Amended]
71. Section 24.15-5 is amended by removing the terms ``the
Motorboat Act of 1940 (46 U.S.C. 526-526u) and the regulations in'' and
removing the paragraph designation ``(a)''.
PART 25--REQUIREMENTS
72. The authority citation for Part 25 continues to read as
follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.
Sec. 25.26-5 [Amended]
73. In Sec. 25.26-5, paragraphs (b) introductory text and (c)
introductory text are amended by removing the terms ``After March 10,
1994,'' and capitalizing the letter ``t'' in the term ``the''.
Sec. 25.26-20 [Amended]
74. In Sec. 25.26-20, paragraphs (a) introductory text and (b)
introductory text are amended by removing the terms ``After March 10,
1994,'' and capitalizing the letter ``t'' in the term ``the''.
75. In Sec. 25.40-1, paragraphs (c) and (d) introductory text are
revised to read as follows:
Sec. 25.40-1 Tanks and engine spaces.
* * * * *
(c) Boats which are manufactured or used primarily for commercial
use; which are leased, rented or chartered to another for the latter
commercial use; which are engaged in the carriage of six or fewer
passengers; or which are in compliance with the requirements of 33 CFR
part 183 are exempted from these requirements.
(d) Boats built after July 31, 1978, which are manufactured or used
primarily for noncommercial use; which are rented, leased or chartered
to another for the latter's noncommercial use; or which are engaged in
conveying six or fewer passengers are exempted from the requirements of
paragraph (a) for fuel tank compartments that:
* * * * *
PART 26--OPERATIONS
76. The authority citation for Part 26 continues to read as
follows:
Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR 1980 Comp., p. 277; 49 CFR 1.46.
77. Section 26.03-5 is revised to read as follows:
Sec. 26.03-5 Action required after accident.
(a) Whenever an undocumented vessel is involved in a marine
casualty, the master or individual in charge shall--
(1) Render necessary assistance to each individual affected to save
that affected individual from danger caused by a marine casualty, so
far as the master or individual in charge can do so without serious
danger to the master's or the individual's vessel or to individuals on
board; and
(2) Give the master's or individual's name and address and
identification of the vessel to the master or individual in charge of
any other vessel involved in the casualty, to any individual injured,
and to the owner of any property damaged.
(b) Undocumented vessels involved in marine casualties shall report
the casualty in accordance with the requirements of 33 CFR part 173,
subpart C.
Subpart 26.10--[Removed]
78. Subpart 26.10 is removed.
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
79. 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.
5103, 5106; 49 CFR 1.46.
80. In Sec. 28.120, paragraph (c) is removed, paragraphs (d), (e),
(f), (g), and (h) are redesignated paragraphs (c), (d), (e), (f), and
(g) respectively, and paragraph (a) is revised to read as follows:
Sec. 28.120 Survival craft.
(a) Except as provided in paragraphs (b) through (g) of this
section, each vessel must carry the survival craft specified in tale
28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the
vessel, in an aggregate capacity to accommodate the total number of
individuals on board.
* * * * *
Sec. 28.380 [Amended]
81. In Sec. 28.380, paragraph (b) is amended by inserting the term
``electrical heating tape,'' between the terms ``galley uptake,'' and
``or similar source of ignition.''
PART 30--GENERAL PROVISIONS
82. The authority citation for Part 30 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49
CFR 1.45, 1.46; Section
[[Page 58821]]
30.01-2 also issued under the authority of 44 U.S.C. 3507; Section
30.01-5 also issued under the authority of Sec. 4109, Pub. L. 101-
380, 104 Stat. 515.
Sec. 30.01-3 [Removed]
83. Section 30.01-3 is removed.
Sec. 30.01-15 [Removed]
84. In Sec. 30.01-15, paragraph (a) is removed and the paragraph
designation ``(b)'' is removed.
Sec. 30.01-20 [Removed]
85. Section 30.01-20 is removed.
Sec. 30.10-19 [Amended]
86. Section 30.10-19 is amended by removing the terms ``title 52,
R.S., acts amendatory thereof or supplemental thereto, rules and
regulations thereunder and the inspections required thereby'' and
replacing them with the terms ``Subtitle II, Title 46, U.S. Code and
regulations issued under these statutes''.
Sec. 30.10-43 [Amended]
87. Section 30.10-43 is amended by removing the terms ``title 52,
R.S., acts amendatory thereof or supplemental thereto, rules and
regulations thereunder and the inspections required thereby'' and
replacing them with the terms ``Subtitle II, Title 46, U.S. Code and
regulations issued under these statutes''.
Sec. 30.10-47 [Amended]
88. Section 30.10-47 is amended by removing the terms ``title 52,
R.S., acts amendatory thereof or supplemental thereto, rules and
regulations thereunder and the inspections required thereby'' and
replacing them with the terms ``Subtitle II, Title 46, U.S. Code and
regulations issued under these statutes''.
Subpart 30.20--[Removed]
89. Subpart 30.20 is removed.
PART 31--INSPECTION AND CERTIFICATION
90. The authority citation for Part 31 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46.
Section 31.10-21a also issued under the authority of Sect. 4109,
Pub.L. 101-380, 104 Stat. 515.
91. In Sec. 31.10-5, paragraph (a)(1) is revised to read as
follows:
Sec. 31.10-5 Inspection of new tank vessels--TB/ALL.
(a) * * *
(1) The plans and specifications shall include the arrangement of
the cargo gear. Plans and specifications for cargo gear shall be
approved by either a recognized classification society or the
International Cargo Gear Bureau, whose home office is located at 17
Battery Place, New York, NY 10004, prior to submission to the Officer
in Charge, Marine Inspection.
* * * * *
92. In Sec. 31.10-16, paragraphs (a), (b)(3), (c) and (e) are
revised to read as follows:
Sec. 31.10-16 Inspection and certification of cargo gear--TB/ALL
(a) The owner, operator or master shall provide the Officer in
Charge, Marine Inspection with all current valid certificates and
registers of cargo gear issued by competent persons or a recognized
organization or nonprofit association approved by the Commandant to
certify the suitability of the cargo gear.
(b) * * *
(3) Indicate that the cargo gear described in the certificate or
register complies with the standards of the organization or association
authorized to issue the certificate or register.
(c) Competent persons for the purposes of this section are defined
as--
(1) Surveyors of a classification society recognized by the
Commandant under 46 U.S.C. 3316;
(2) Surveyors of a recognized cargo gear organization;
(3) Responsible officials or employees of the testing laboratories,
companies, or organizations who conduct tests of pieces of loose cargo
gear, wire rope, or the annealing of gear as may be required by the
standards of the organization or association authorized to issue the
certificate or register.
(d) * * *
(e) The authorization for an organization to perform the required
inspection is granted at the discretion of the Commandant (G-MOC), and
will continue until suspended, canceled, or modified. The following
organizations are currently recognized, by the Commandant (G-MOC), as
having the technical competence to handle the required inspection:
The International Cargo Gear Bureau, Inc., with home office at
17 Battery Place, New York, NY 10004.
93. In Sec. 31.10-20, paragraphs (a) and (d) are revised to read as
follows:
Sec. 31.10-20 Definitions relating to hull examinations--TB/ALL.
(a) Drydock examination means hauling out of a vessel or placing a
vessel in a drydock or slipway for an examination of all accessible
parts of the vessel's underwater body and all through-hull fittings.
* * * * *
(d) Underwater survey means the examination, while the vessel is
afloat, of all accessible parts of the vessel's underwater body and all
through-hull fittings.
94. In Sec. 31.10-21, paragraphs (d)(4), (e) introductory text and
(e)(1) are revised to read as follows:
Sec. 31.10-21 Drydock examination, internal structural examination,
cargo tank internal examination, and underwater survey intervals--TB/
ALL.
* * * * *
(d) * * *
(4) The means that will be provided for examining through-hull
fittings.
* * * * *
(e) Vessels otherwise qualifying under paragraph (d) of this
section, that are 15 years of age or older may be considered for
continued participation in or entry into the underwater survey program
on a case-by-case basis if--
(1) Before the vessel's next scheduled drydocking, the owner or
operator submits a request for participation or continued participation
to Commandant (G-MOC);
* * * * *
Sec. 31.10-33 [Removed]
95. Section 31.10-33 is removed.
Subpart 31.37--[Removed]
96. Subpart 31.37 is removed.
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
97. The authority citation for Part 32 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR. 1980; Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also under
the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
98. In Sec. 32.53-1, paragraph (c) is revised to read as follows:
Sec. 32.53-1 Application--T/ALL.
* * * * *
(c) This part does not apply to vessels as stated in 46 U.S.C.
3702.
99. In Sec. 32.53-10, paragraphs (c), (d), (e), and (f) are removed
and paragraph (b) is revised to read as follows:
Sec. 32.53-10 General--T/ALL.
* * * * *
(b) Each inert gas system must be designed, constructed and
installed in accordance with the provisions of SOLAS II-2, Regulation
62, with the following provisions:
[[Page 58822]]
(1) Acceptable types of water seals include the wet and semiwet
type. Other types of seals may be accepted on a case by case basis if
approval is given by the Coast Guard Marine Safety Center.
(2) If a vapor collection system required to meet part 39 of this
subchapter is connected to the inert gas system, the instruction manual
required by SOLAS II-2. Regulation 62.21 must include procedures
relating to vapor collection operations.
Sec. 32.53-15 [Removed]
100. Section 32.53-15 is removed.
Sec. 32.53-20 [Removed]
101. Section 32.53-20 is removed.
Sec. 32.53-25 [Removed]
102. Section 32.53-25 is removed.
Sec. 32.53-30 [Removed]
103. Section 32.53-30 is removed.
Sec. 32.53-35 [Removed]
104. Section 32.53-35 is removed.
Sec. 32.53-40 [Removed]
105. Section 32.53-40 is removed.
Sec. 32.53-45 [Removed]
106. Section 32.53-45 is removed.
Sec. 32.53-50 [Removed]
107. Section 32.53-50 is removed.
Sec. 32.53-55 [Removed]
108. Section 32.53-55 is removed.
Sec. 32.53-60 [Removed]
109. Section 32.53-60 is removed.
Sec. 32.53-65 [Removed]
110. Section 32.53-65 is removed.
Sec. 32.53-70 [Removed]
111. Section 32.53-70 is removed.
Sec. 32.53-75 [Removed]
112. Section 32.53-75 is removed.
Sec. 32.53-80 [Removed]
113. Section 32.53-80 is removed.
Sec. 32.53-85 [Removed]
114. Section 32.53-85 is removed.
115. In Sec. 32.55-20, paragraph (e) is added to read as follows:
Sec. 32.55-20 Venting of cargo tanks of tankships constructed on or
after July 1, 1951--T/ALL.
* * * * *
(e) Tank vents which meet the requirements of SOLAS will be
considered equivalent to the provisions of this section.
Sec. 32.55-40 [Removed]
116. Section 32.55-40 is removed.
117. In Sec. 32.56-1, the text is redesignated as paragraph (a) and
paragraph (b) is added to read as follows:
Sec. 32.56-1 Application--T/ALL.
* * * * *
(b) SOLAS-certificated vessels may be considered equivalent to the
provisions of this subpart.
118. In Sec. 32.57-1, the text is redesignated as paragraph (a) and
paragraph (b) is added to read as follows:
Sec. 32.57-1 Application--TB/ALL.
* * * * *
(b) SOLAS-certificated vessels may be considered equivalent to the
provisions of this subpart.
119. In Sec. 32.57-10, paragraph (d)(4) is revised to read as
follows:
Sec. 32.57-10 Construction--TB/ALL.
* * * * *
(d) * * *
(4) The integrity of any deck in way of a stairway opening, other
than a stairtower, shall be maintained by means of ``A'' or ``B'' Class
bulkheads and doors at one level. The integrity of a stairtower shall
be maintained by ``A'' Class doors at every level. The doors shall be
self-closing type. No means shall be provided for locking such doors,
except that crash doors or locking devices capable of being easily
forced in an emergency may be employed provided a permanent and
conspicuous notice to this effect is attached to both sides of the
door. Holdback hooks, or other means of permanently holding the door
open will not be permitted. However, magnetic holdbacks operated from
the bridge or from other suitable remote control positions are
acceptable.
* * * * *
Sec. 32.60-25 [Removed]
120. In Sec. 32.60-25, paragraph (b) is removed and the paragraph
designation (a) is removed.
PART 34--FIREFIGHTING EQUIPMENT
121. The authority citation for Part 34 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 34.01-15 [Amended]
122. In Sec. 34.01-15, paragraph (b) is amended by adding in
alphabetical order to the organizations referenced, the following
standard:
Sec. 34.01-15 Incorporation by reference.
* * * * *
(b) * * *
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 13-1996, Standard for the
Installation of Sprinkler
Systems......................................................34.30-1
Sec. 34.10-5 [Amended]
123. In Sec. 34.10-5, paragraph (f) is revised to read as follows:
Sec. 34.10-5 Fire pumps--T/ALL.
* * * * *
(f) Fire pumps may be used for other purposes provided at least one
of the required pumps is kept available for use on the fire system at
all times. In no case shall a pump having connection to an oil line be
used as a fire pump. Branch lines connected to the fire main for
purposes other than fire and deck wash shall be arranged so that the
requirements of paragraph (b) of this section and any other services
installed on the fire main can be met simultaneously.
* * * * *
Sec. 34.10-10 [Amended]
124. In Sec. 34.10-10, paragraph (h) is revised to read as follows:
Sec. 34.10-10 Fire station hydrants, hose and nozzles--T/ALL.
* * * * *
(h) Fire station hydrant connections shall be brass, bronze, or
other equivalent metal. A uniform coupling design shall be used for
each hose diameter throughout the vessel.
* * * * *
Sec. 34.15 [Removed]
125. In Sec. 34.15-5, paragraph (d) is removed and paragraph (e) is
redesignated paragraph (d).
Sec. 34.20-5 [Amended]
126. In Sec. 34.20-5, paragraph (b)(1) is revised to read as
follows:
Sec. 34.20-5 Quantity of foam required--T/ALL.
* * * * *
(b) * * *
(1) For usual petroleum products the rate of supply of foam
solution shall be not less than the greatest of the following:
(i) 0.6 liters/min per square meter of cargo tanks deck area, where
cargo tanks deck area means the maximum breadth of the ship multiplied
by the total longitudinal extent of the cargo tank spaces;
(ii) 6 liters/min per square meter of the horizontal sectional area
of the single tank having the largest such area; or
(iii) 3 liters/min per square meter of the area protected by the
largest
[[Page 58823]]
monitor, such area being entirely forward of the monitor, but not less
than 1,250 liters/min.
* * * * *
Subpart 34.30--[Added]
127. Subpart 34.30, consisting of Sec. 34.30-1, is added to read as
follows:
Subpart 34.30--Automatic Sprinkler Systems, Details
Sec. 34.30-1 Application--TB/ALL.
Automatic sprinkler systems shall comply with NFPA 13-1996.
PART 35--OPERATIONS
128. The authority citation for Part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Sec. 35.01-3 [Amended]
129. In Sec. 35.01-3, paragraph (b) is amended by adding in
numerical order of the incorporated standards the following standard:
Sec. 35.01-3 Incorporation by reference.
* * * * *
(b) * * *
ASTM F 1626-1995 Standard Practice for Preparing Shipboard Fire
Control Plans...................................................35.10-3
Sec. 35.01-40 [Removed]
130. Section 35.01-40 is removed.
Sec. 35.07-10 [Amended]
131. In Sec. 35.07-10, paragraph (b)(3) is amended by removing the
terms ``46 U.S.C., sections 85e and 88e, and'' and paragraph (c)(2) is
amended by removing the terms ``See 46 U.S.C. 85e and 88e.''
132. Section 35.10-3 is revised to read as follows:
Sec. 35.10-3 Display of plans--TB/ALL.
Barges constructed on or after [date of publication of the final
rule] with sleeping accommodations for more than six persons and all
self-propelled vessels shall have permanently exhibited for the
guidance of the officer in charge of the vessel the following plans:
(a) General arrangement plans showing for each deck the fire
control stations, the various sections enclosed by fire-resisting
bulkheads, together with particulars of the fire alarms, detecting
systems, the sprinkler installation (if any), the fire extinguishing
appliances, means of access to different compartments, decks, etc., and
the ventilating systems including particulars of the master fan
controls the positions of dampers, the location of the remote means of
stopping fans, and identification numbers of the ventilating fans
serving each section. If cargo compartments are ``specially suitable
for vehicles,'' they shall be so indicated on the plan. Alternatively,
at the discretion of the Commandant, the aforementioned details may be
set out in any other medium, such as a booklet or on computer software,
provided that the aforementioned details are available to each officer
and a copy is retained on board at all times and is accessible during
emergencies. The symbols used to identify the aforementioned details
shall be in accordance with ASTM F 1626-1995.
(b) Plans showing clearly for each deck the boundaries of the
watertight compartments, the openings therein with the means of closure
and position of any controls thereof, and the arrangements for the
correction of any list due to flooding.
(c) The aforementioned information shall be kept up-to-date, any
alteration being recorded thereon in the applicable medium as soon as
practicable.
Subpart 35.12--[Removed]
133. Subpart 35.12 is removed.
134. Section 35.25-15 is revised to read as follows:
Sec. 35.25-15 Carrying of excess steam--TB/ALL.
It shall be the duty of the chief engineer of any tank vessel to
see that a steam pressure is not carried in excess of that allowed by
the certificate of inspection, and to see that the safety valves, once
set by the inspector, are in no way tampered with or made inoperative.
Sec. 35.25-20 [Removed]
135. Section 35.25-20 is removed.
Sec. 35.30-20 [Amended]
136. In Sec. 35.20-20, paragraph (d) is amended by removing the
first sentence.
Sec. 35.30-40 [Removed]
137. In Sec. 35.30-40, paragraph (b) is removed and reserved.
138. Section 35.35-85 is revised to read as follows:
Sec. 35.35-85 Air compressors--TB/ALL.
No person may operate, install, or reinstall an air compressor in a
cargo area described in Sec. 32.35-15 of this chapter.
PART 39--VAPOR CONTROL SYSTEMS
139. The authority citation for Part 39 continues to read as
follows:
Authority. 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR
58801, 3 CFR 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 39.10-13 [Removed]
140. In Sec. 39.10-13, paragraph (b) is removed and paragraphs (c),
(d), and (e) are redesignated paragraphs (b), (c), and (d)
respectively.
PART 50--GENERAL PROVISIONS
141. The authority citation for Part 50 continues to read as
follows:
Authority. 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp. p. 277; 49 CFR 1.45, 1.46; Section
50.01-20 also issued under the authority of 44 U.S.C. 3507.
Sec. 50.01-5 [Removed]
142. Section 50.01-5 is removed.
Sec. 50.10-5 [Amended]
143. Section 50.10-5 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplemental thereto
and rules and regulations thereunder,'' and replacing them with the
terms ``Subtitle II, Title 46, U.S. Code''.
Sec. 50.10-10 [Amended]
144. Section 50.10-10 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplemental thereto
and rules and regulations thereunder,'' and replacing them with the
terms ``Subtitle II, Title 46, U.S. Code''.
Sec. 50.10-15 [Amended]
145. Section 50.10-15 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplemental thereto
and rules and regulations thereunder,'' and replacing them with the
terms ``Subtitle II, Title 46, U.S. Code''.
PART 56--PIPING SYSTEMS AND APPURTENANCES
146. The authority citation for Part 56 continues to read as
follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 56.01-2 [Amended]
147. In Sec. 56.01-2, paragraph (b) is amended by revising the
address for the ``American Society for Testing and Materials (ASTM)'';
by removing the
[[Page 58824]]
entry ``ASTM B 154-82, Mercurous Nitrate Test for Copper and Copper
Alloy, 56.60-2''; removing the entry ``ASTM F 1173-88'' and replacing
it with ``ASTM F 1173-95''; and by adding, in alphabetical order to the
organizations whose standards are incorporated by reference, the
following additional standards:
Sec. 56.01-2 Incorporation by reference.
* * * * *
(b) * * *
American Society for Testing and Materials (ASTM), ASTM
International Headquarters, 100 Barr Harbor Dr., West Conshocken, PA
19248-2959,
* * * * *
ASTM B 858M-95 Standard Test Method for Determination of
Susceptibility to Stress Corrosion Cracking in Copper Alloys
Using an Ammonia Vapor Test..................................56.60-2(a)
* * * * *
International Maritime Organization, 4 Albert Embankment, London,
SE1 7SR, United Kingdom.
Resolution A.753(18) Guidelines on the Application of Plastic
Pipes on Ships.................................................56.60-25
* * * * *
148. In Sec. 56.07-10, paragraphs (c) and (e) are revised to read
as follows:
Sec. 56.07-10 Design conditions and criteria (modifies 101-104.7).
* * * * *
(c) Ship motion dynamic effects (replaces 101.5.3). Piping system
designs shall account for the effects of ship motion and flexure,
including weight, yaw, sway, roll, pitch, heave and vibration.
* * * * *
(e) Pressure design (modifies 102.3, 104.1.2 and 104.4).
(1) Materials for use in piping must be selected as described in
Sec. 56.60-1(a) of this part. Tabulated allowable stress values for
these materials shall be measured as indicated in 102.3.1 of ANSI-B-
31.1, Tables 56.60-1(a) and 56.60-2(a).
(2) Allowable stress values, as found in the ASME Code, which are
restricted in application by footnote or which are italicized shall not
be used. Where multiple stresses are listed for a material, the lowest
value of the listing shall be used unless otherwise approved by the
Commandant. In all cases the temperature is understood to be the actual
temperature of the component.
(3) Where the operator desires to use a material not listed,
permission must be obtained from the Commandant. Requirements for
testing found in Sec. 56.97-40(a)(2) and Sec. 56.97-40(a)(4) may affect
design and should be considered. Special design limitations may be
found for specific systems. Refer to subpart 56.50 for specific
requirements.
* * * * *
149. In Sec. 56.10-5, paragraph (d) is revised to read as follows:
Sec. 56.10-5 Pipe.
* * * * *
(d) Nonmetallic pipe. Plastic pipe may be used subject to the
conditions described in Sec. 56.60-25.
150. Section 56.20-15 is revised to read as follows:
Sec. 56.20-15 Valves employing resilient material.
(a) A valve in which the closure is accomplished by resilient
nonmetallic material instead of a metal to metal seat shall comply with
the design, material, construction and testing for valves specified in
this part.
(b) Valves shall be divided into three categories, Positive
shutoff, Category A and Category B, and shall be tested and used as
follows:
(1) Positive shutoff valves. The closed valve must pass less than
10 ml/hr (0.34 fluid oz/hr) of liquid or less than 3 l/hr (0.11 cubic
ft/hr.) of gas per inch nominal size through the line after removal of
all resilient material and testing at full rated pressure. Packing
material must be fire resistant. Piping subject to internal head
pressure from a tank containing oil must be fitted with Positive
shutoff valves located at the tank in accordance with Sec. 56.50-60(d).
Otherwise Positive shutoff valves may be used in any location in lieu
of a required Category A or Category B valve.
(2) Category A valves. The closed valve must pass less than the
greater of 5 percent of its fully open flow rate or 15 percent (NPS),
where ``NPS'' is the nominal pipe size, of its fully open flow rate
through the line after complete removal of all resilient seating
material and testing at full rated pressure. Category A valves may be
used in any location except where positive shutoff valves are required
by Sec. 56.50-60(d). Category A valves are required in the following
locations:
(i) Valves at vital piping system manifolds;
(ii) Isolation valves in cross-connects between two piping systems,
at least one of which is vital system, where failure of the valve in a
fire would prevent the vital system(s) from functioning as designed.
(iii) Valves providing closure for any opening in the shell of the
vessel.
(3) Category B valves. The closed valve will not provide effective
closure of the line or will permit appreciable leakage from the valve
after the resilient material is damaged or destroyed. Category B valves
are not required to be tested and may be used in any location except
where a Category A or positive shutoff valve is required.
(c) If a valve designer elects to use either calculations or actual
fire testing in lieu of material removal and pressure testing, the
proposed calculation method or test plan must be accepted by the
Commandant (G-MSE).
Sec. 56.50-30 [Removed]
151. In Sec. 56.50-30, paragraph (b)(6) is removed.
Sec. 56.50-50 [Amended]
152. In Sec. 56.50-50, paragraph (c)(3) is removed, paragraph
(c)(4) is redesignated paragraph (c)(3), and paragraph (c)(2) is
revised to read as follows:
Sec. 56.50-50 Bilge and ballast piping.
* * * * *
(c) * * *
(2) Each passenger vessel on an international voyage must comply
with the provisions of SOLAS II-1/21.
* * * * *
Sec. 56.50-90 [Amended]
153. In Sec. 56.50-90, paragraph (e) is amended by removing the
sentence ``No perforations or openings will be permitted throughout the
length of a sounding pipe where fitted to oil tanks.''
Sec. 56.50-103 [Added]
154. A new section. Sec. 56.50-103 is added to read as follows:
Sec. 56.50-103 Fixed oxygen-acetylene distribution piping.
(a) This section applies to fixed piping installed for the
distribution of oxygen and acetylene carried in cylinders as vessel
stores.
(b) The piping system shall include a means, located as close to
the supply cylinders as possible, of regulating the pressure from the
supply cylinders to the suitable pressure at the outlet stations.
(c) Oxygen and acetylene distribution piping and fittings must be:
(1) Seamless steel for acetylene;
(2) Seamless steel or copper for oxygen; and,
(3) Of at least standard wall thickness throughout the distribution
system.
(d) When more than two cylinders are connected to a manifold, the
supply pipe between each cylinder and the manifold shall be fitted with
a non-return valve.
(e) Except for the cylinder manifolds, acetylene is not to be piped
at a pressure in excess of 100 kPa (14.7 psi).
[[Page 58825]]
(f) All pipe joints shall have welded connections.
(g) Branch lines shall not run through unventilated spaces or
accommodation spaces.
(h) Relief valves or rupture discs shall be installed as relief
devices in the piping system if the maximum design pressure of the
piping system can be exceeded. The relief device set pressure shall not
exceed the maximum design pressure of the piping system. Relief devices
shall discharge to a location in the weather at least 3 m (10 ft) from
sources of ignition or openings to spaces or tanks.
(i) Outlet stations are to be provided with suitable protective
devices which will prevent the back flow of gas into the supply lines
and prevent the passage of flame into the supply lines.
(j) Shutoff valves shall be fitted at each outlet.
Sec. 56.60-2 [Removed]
155. In Sec. 56.60-2, paragraph (a) is removed. Paragraph (b)
introductory text is redesignated as introductory text to the section.
Paragraphs (b)(1), (b)(2), (b)(3), (b)(3)(i), (b)(3)(i)(A), and
(b)(3)(i)(B) are redesignated paragraphs (a), (b), (c), (c)(1),
(c)(1)(i), and (c)(1)(ii) respectively. Paragraphs (b)(3)(ii) and
(b)(3)(ii)(A) are redesignated paragraph (c)(2) and revised, and in
Table 56.60-2(a), footnotes 7 and 9 are revised to read as follows:
Sec. 56.60-2 Limitations on materials.
* * * * *
(c) * * *
(1) * * *
(2) For those specifications in which no filler metal is used in
the welding process, the ultrasonic examination as required by item S-6
in ASTM A-376 shall be certified as having been met for service about
800 deg.F.
Table 56.60-2(a)--Adopted Specifications not Listed in the ASME Code.
* * * * *
7 An ammonia vapor test, in accordance with ASTM B 858M-95,
shall be performed on a representative model of each finished
product design.
8 * * *
9 An ammonia vapor test, in accordance with ASTM B 858M-95,
shall be performed on a representative model for each finished
product design. Tension tests shall be performed to determine
tensile strength, yield strength, and elongation. Minimum values
shall be those listed in table 3 of ASTM B283.
* * * * *
156. In Sec. 56.60-25, paragraph (b) is removed, paragraphs (c),
(d), and (e) are redesignated paragraphs (b), (c), and (d)
respectively, and new paragraph (a) is revised to read as follows:
Sec. 56.60-25 Nonmetallic materials.
(a) Plastic pipe installations shall be in accordance with the
International Maritime Organization (IMO) Resolution A.753(18),
Guidelines for the Application of Plastic Pipes on Ships and the
following supplemental requirements:
(1) Materials used in the fabrication of plastic pipe shall comply
with the appropriate standards listed in Sec. 56.01-2 of this chapter.
(2) Plastic pipe is not permitted in a concealed space in an
accommodation or service area, such as behind ceilings or linings or
between double bulkheads, unless--
(i) Each trunk or duct containing such piping is completely
surrounded by ``A'' class divisions; or
(ii) An approved smoke-detection system is fitted in the concealed
space and each penetration of a bulkhead or deck and each installation
of a draft stop is made in accordance with IMO Resolution A.753(18) to
maintain the integrity of fire divisions.
(3) Plastic pipe used outboard of the required metallic shell valve
in any piping system penetrating the vessel's shell (see Sec. 56.50-
95(f)) shall have the same fire endurance as the metallic shell valve.
Where the shell valve and the plastic pipe are in the same unmanned
space, the valve shall be operable from above the freeboard deck.
(4) Pipe that is to be used for potable water shall bear the seal
of approval or NSF mark of the National Sanitation Foundation Testing
Laboratory, Incorporated, School of Public Health, University of
Michigan, Ann Arbor, MI 48103.
* * * * *
157. In Sec. 56.95-10, paragraph (a)(1) is revised to read as
follows:
Sec. 56.95-10 Type and extent of examination required.
(a) * * *
(1) 100 percent radiography \1\ is required for all Class I, I-L
and II-L piping with wall thickness equal to or greater than 10 mm
(.375 in.).
---------------------------------------------------------------------------
\1\ Where for some reason, such as joint configuration,
radiography is not applicable, another approved examination may be
utilized.
---------------------------------------------------------------------------
* * * * *
158. In Sec. 56.97-40, paragraph (a)(10) is added to read as
follows:
Sec. 56.97-40 Installation tests.
(a) * * *
(10) Fixed oxygen-acetylene system piping.
* * * * *
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
159. The authority citation for Part 58 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801,3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 58.10-10 [Removed]
160. In Sec. 58.10-10, paragraph (b) is removed and paragraphs (c)
and (d) are redesignated paragraphs (b) and (c) respectively.
PART 61--PERIODIC TESTS AND INSPECTIONS
161. The authority citation for Part 61 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, 49 CFR 1.46.
162. Section 61.05-20 is revised to read as follows:
Sec. 61.05-20 Boiler safety valves.
Each safety valve for a drum, superheater, or reheater of a boiler
shall be tested at the interval specified by Table 61.05-10.
163. In Sec. 61.10-5, paragraphs (a) and (b) are revised to read as
follows:
Sec. 61.10-5 Pressure vessels in service.
(a) Basic requirements. Each pressure vessel must be examined or
tested every five years. The extent of the test or examination should
be that necessary to determine that the pressure vessel's condition is
satisfactory and that the pressure vessel is fit for the service
intended.
(b) Internal and external tests and inspections. (1) Each pressure
vessel listed on the Certificate of Inspection must be thoroughly
examined externally every 5 years.
(2) In addition, each pressure vessel listed on the Certificate of
Inspection that is fitted with a manhole or other inspection opening so
it can be satisfactorily examined internally, must be opened for
internal examination every 5 years.
(3) No pressure vessel need be hydrostatically tested except when a
defect is found that, in the marine inspector's opinion, may affect the
safety of the pressure vessel. In this case, the pressure vessel should
be hydrostatically tested at a pressure of 1\1/2\ times the maximum
allowable working pressure.
* * * * *
164. In Sec. 61.15-12, paragraph (b) is revised to read as follows:
Sec. 61.15-12 Nonmetallic expansion joints.
* * * * *
[[Page 58826]]
(b) A nonmetallic expansion joint must be replaced ten years after
it has been placed into service if it is located in a system which
penetrates the side of the vessel and both the penetration and the
nonmetallic expansion joint are located below the deepest load
waterline. The Officer in Charge, Marine Inspection may grant an
extension of the ten year replacement to coincide with the vessel's
next drydocking.
165. In Sec. 61.20-5, paragraph (b) is revised to read as follows:
Sec. 61.20-5 Drydock examination.
* * * * *
(b) Sea chests, sea valves, sea strainers, and valves for the
emergency bilge suction shall be opened up for examination every five
years at the time of drydocking.
PART 63--AUTOMATIC AUXILIARY BOILERS
166. The authority citation for Part 63 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 63.05-1 [Amended]
167. In Sec. 63.05-1, paragraph (b) is amended by adding in
alphabetical order to the organizations referenced, the following
standards:
Sec. 63.05-1 Incorporation by reference.
* * * * *
(b) * * *
American Society for Testing and Materials (ASTM)
ASTM International Headquarters, 100 Barr Harbor Dr., West
Conshocken, PA 19248-2959,
Standard Specifications for Shipboard Incinerators, ASTM F 1323-
90..............................................................63.25-9
International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London, SE11 75R, England
MEPC.59(33), Revised Guidelines for the Implementation of Annex V
of MARPOL 73/78 Resolution......................................63.25-9
International Organization for Standardization Case postale 56, CH-
1211, Geneve 2009
Shipbuilding-Shipboard Incinerators-Requirements, 13617 (1995)
63.25-9
Sec. 63.25-3 [Amended]
168. In Sec. 63.25-3, paragraph (j) is amended by removing the last
sentence.
169. Section 63.25-9 is revised to read as follows:
Sec. 63.25-9 Incinerators.
Incinerators must meet the requirements of MEPC Resolution 59(33).
Incinerators in compliance with ISO standard 13617 (1995),
``Shipbuilding-Shipboard Incinerators-Requirements'' are considered to
meet the requirements of MEPC Resolution 59(33). Incinerators in
compliance with both ASTM F-1323-90, ``Standard Specifications for
Shipboard Incinerators'' and Annexes A1-A3 of MEPC Resolution 59(33)
are considered to meet the requirements of MEPC Resolution 59(33).
PART 68--DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY
LEGISLATIVE GRANTS
170. The authority citation for Part 68 continues to read as
follows:
Authority: 46 U.S.C. 2103; 49 CFR 1.46, Subpart 68.01 also
issued under 46 U.S.C. App. 876; subpart 68.05 also issued under 46
U.S.C. 12106(d).
Subpart 68.01--[Amended]
171. In Subpart 68.01, the heading is revised to read as follows:
Subpart 68.01--Regulations Implementing Provisions for 46 U.S.C.
App. 833-1
Sec. 68.01-1 [Amended]
172. In Sec. 68.01-1, the definition of Act and the definition of
883-1 citizen or 883-1 corporation are amended by removing the terms
``(46 U.S.C. App. 883-1)'' and replacing them with the terms ``(46
U.S.C. App. 883-1)''.
Sec. 68.01-3 [Amended]
173. In Sec. 68.01-3, the introductory paragraph is amended by
removing the terms ``(46 U.S.C. 883-1)'' and replacing them with the
terms ``(46 U.S.C. App. 883-1)'' and the section heading is revised to
read as follows:
Sec. 68.01-3 Requirements for citizenship under 46 U.S.C. App. 883-1.
174. In Sec. 68.01-15, paragraph (c) introductory text is revised
to read as follows:
Sec. 68.01-15 Restrictions.
* * * * *
(c) A vessel owned by an 883-1 corporation may be operated under
demise or bareboat charter to a common or a contract carrier subject to
49 U.S.C. Chapter 101 if the corporation is a U.S. citizen as defined
in 46 U.S.C. App. 802.
* * * * *
PART 69--MEASUREMENT OF VESSELS
175. The authority citation for Part 69 continues to read as
follows:
Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.
Sec. 69.11 [Amended]
176. In Sec. 69.11, paragraph (a)(2)(iv) is removed and paragraphs
(a)(2)(v) and (a)(2)(vi) are redesignated (a)(2)(iv) and (a)(2)(v)
respectively. Paragraph (a)(5) is amended by removing the terms ``After
July 18, 1994,'' and capitalizing the term ``A'' directly following.
177. In Sec. 69.117, paragraph (f)(4) introductory text is revised
to read as follows:
Sec. 69.117 Spaces exempt from inclusion in gross tonnage.
* * * * *
(f) * * *
(4) If the total of all water ballast spaces to be exempted from
gross tonnage exceeds 30 percent of the vessel's gross tonnage (as
calculated under this subpart without any allowance for water ballast),
a justification of the operating conditions that require the water
ballast must be submitted to the measuring organization for approval.
Although a single condition may justify all water ballast spaces,
several conditions may be necessary in other cases. However, a
particular tank is not justified by a condition if another tank already
justified by another condition could be used as effectively. The
justification must--
* * * * *
PART 70--GENERAL PROVISIONS
178. The authority citation for Part 70 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;
Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.
Sec. 70.01 [Amended]
179. Section 70.01-1 is amended by removing the paragraph
designation ``(a)'' and removing the terms ``in accordance with the
intent of title 52 of the Revised Statues and acts amendatory thereof
or supplemental thereto, as well as to implement various International
Conventions for Safety of affect the merchant marine''.
Sec. 70.01-5 [Removed]
180. Section 70.01-5 is removed.
Sec. 70.05-15 [Removed]
181. Section 70.05-15 is removed.
Sec. 70.05-25 [Removed]
182. Section 70.05-25 is removed.
Sec. 70.10-11 [Amended]
183. Section 70.10-11 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or
[[Page 58827]]
supplemental thereto, and rules and regulations thereunder'' and
replacing them with the terms ``Subtitle II of Title 46, U.S. Code, and
regulations issued under these statutes''.
Sec. 70.10-25 [Amended]
184. Section 70.10-25 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplemental thereto,
and rules and regulations thereunder'' and replacing them with the
terms ``Subtitle II of Title 46, U.S. Code, and regulations issued
under these statutes''.
Sec. 70.10-33 [Amended]
185. Section 70.10-33 is amended by removing the terms ``title 52,
Revised Statutes, and acts amendatory thereof or supplemental thereto,
and rules and regulations thereunder'' and replacing them with the
terms ``Subtitle II of Title 46, U.S. Code, and regulations issued
under these statutes''.
Subpart 70.30--[Removed]
186. Subpart 70.30 is removed.
PART 71--INSPECTION AND CERTIFICATION
187. The authority citation for Part 71 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 71.01-10 [Amended]
188. In Sec. 71.01-10, paragraph (a) is amended by removing the
terms ``except for those vessels subject only to the Act of May 10,
1956 (46 U.S.C. 390-390g), when the certificates will be issued for a
period of 3 years''.
189. In Sec. 71.25-25, paragraphs (a)(5), (b)(3), and (c) are
revised to read as follows and paragraph (e) is removed:
Sec. 71.25-25 Hull equipment.
(a) * * *
(5) The owner, operator or master shall provide the Officer in
Charge, Marine Inspection with all current valid certificates and
registers of cargo gear issued by an organization recognized by the
Commandant under Sec. 31.10-16.
(b) * * *
(3) Indicate that the cargo gear described in the certificate or
register complies with the standards of the organization or association
authorized to issue the certificate or register.
(c) Competent persons for the purposes of this section are defined
as--
(1) Surveyors of a classification society recognized by the
Commandant under 46 U.S.C. 3316.
(2) Surveyors of a cargo gear organization recognized by the
Commandant under Sec. 31.10-16.
(3) Responsible officials or employees of the testing laboratories,
companies, or organizations who conduct tests of pieces of loose cargo
gear, wire rope, or the annealing of gear as may be required by the
standards of the organization or association authorized to issue the
certificate or register.
* * * * *
Sec. 71.30-1 [Removed]
190. In Sec. 71.30-1, paragraph (b) is removed and the paragraph
designation ``(a)'' is removed.
Subpart 71.47--[Removed]
191. Subpart 71.47 is removed.
192. In Sec. 71.50-1, paragraph (a) is revised to read as follows:
Sec. 71.50-1 Definitions relating to hull examinations.
* * * * *
(a) Drydock examination means hauling out a vessel or placing a
vessel in a drydock or slipway for an examination of all accessible
parts of the vessel's underwater body and all through-hull fittings.
* * * * *
193. In Sec. 71.65-1, paragraph (c) is added to read as follows:
Sec. 71.65-1 General.
* * * * *
(c) Plans and specifications for cargo gear shall be approved by
either a recognized classification society or a recognized cargo gear
organization as defined in Sec. 71.25-25.
PART 72--CONSTRUCTION AND ARRANGEMENT
194. The authority citation for Part 72 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
195. Section 72.01-1 is revised to read as follows:
Sec. 72.01-1 Application.
The provisions of this subpart, with the exception of Sec. 72.01-
90, shall apply to all vessels contracted for on or after November 19,
1952. Vessels contracted for prior to November 19, 1952, shall meet the
requirements of Sec. 72.01-90.
Sec. 72.05-10 [Removed]
196. In Sec. 72.05-10, paragraph (m) is removed. Paragraphs (n),
(o), (p) and (q) are redesignated paragraph (m), (n), (o), and (p)
respectively.
Sec. 72.30-5 [Removed]
197. Section 72.30-5 is removed.
PART 76--FIRE PROTECTION EQUIPMENT
198. The authority citation for Part 76 continues to read as
follows:
Authority: 46 U.S.C. 3306, E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 76.01-2 [Amended]
199. In Sec. 76.01-2, paragraph (b) is amended by adding in
alphabetical order to the organizations referenced the following
standard:
Sec. 76.01-2 Incorporation by reference.
* * * * *
(b) * * *
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269-9101.
NFPA 13-1996, Standard for the Installation of Sprinkler
Systems........................................................76.25
200. In Sec. 76.10-5, paragraph (f) is revised to read as follows:
Sec. 76.10-5 Fire pumps.
* * * * *
(f) Fire pumps may be used for other purposes provided at least one
of the required pumps is kept available for use on the fire system at
all times. In no case shall a pump having connection to an oil line be
used as a fire pump. Branch lines connected to the fire main for
purposes other than fire and deck wash shall be arranged so that the
requirements of paragraphs (b) and (c) of this section and any other
services installed on the fire main can be met simultaneously.
* * * * *
201. In Sec. 76.10-10, the title and paragraph (l) are revised to
read as follows:
Sec. 76.10-10 Fire station hydrants, hose and nozzles--T/ALL.
* * * * *
(l) Fire station hydrant connections shall be brass, bronze, or
other equivalent metal. A uniform coupling design shall be used for
each hose diameter throughout the vessel.
Sec. 76.15-5 [Amended]
202. In Sec. 76.15-5, paragraph (d) is removed and reserved.
203. Section 76.25-1 is revised to read as follows:
Sec. 76.25-1 Application.
Where an automatic sprinkling system is installed, the systems
shall comply with NFPA 13-1996.
[[Page 58828]]
204. Section 76.25-90 is revised to read as follows:
Sec. 76.25-90 Installations contracted for prior to [effective date of
the final rule].
(a) Existing arrangements, materials, and facilities previously
approved shall be considered satisfactory so long as they meet the
minimum requirements of this paragraph, and they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection. Minor repairs and replacements may be made to the same
standards as the original installation.
(b) The details of the system shall be in general agreement with
NFPA 13-1996 insofar as is reasonable and practicable. Existing piping,
pumping facilities, sprinkler heads and operating devices may be
retained provided a reasonable coverage of the spaces protected is
assured.
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
205. The authority citation for Part 77 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 77.35-10 [Amended]
206. In Sec. 77.35-10, paragraph (a) is amended by adding the
following sentence to the end of the paragraph: ``In lieu of the flame
safety lamp, vessels may carry an oxygen depletion meter which is
listed by a Coast Guard recognized independent laboratory as
intrinsically safe.''
PART 78--OPERATIONS
207. The authority citation for Part 78 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
208. Section 78.01-2 is added to read as follows:
Sec. 78.01-2 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
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 paragraph (b) of 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 Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard,
Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
American Society for Testing and Materials (ASTM)
ASTM International Headquarters, 100 Barr Harbor Dr., West
Conshocken, PA 19248-2959,
ASTM F 1626-1995 Standard Practice for Preparing Shipboard Fire
Control Plans...................................................78.45-1
209. Section 78.17-30 is revised to read as follows:
Sec. 78.17-30 Examination of boilers and machinery.
It shall be the duty of the chief engineer when he assumes charge
of the boilers and machinery of a vessel to examine them thoroughly. If
any parts thereof are in bad condition, the fact shall immediately be
reported to the master, owner or agent, and the Officer in Charge,
Marine Inspection.
Sec. 78.33-20 [Removed]
210. Section 78.33-20 is removed.
Sec. 78.37-10 [Removed]
211. In Sec. 78.37-10, paragraph (b) introductory text is amended
by removing the terms ``(R.S. 4467, as amended, 46 U.S.C. 460)''.
Subpart 78.43--[Removed]
212. Subpart 78.43 is removed.
213. In Sec. 78.45-1, paragraphs (a)(1) and (a)(3) are revised to
read as follows:
Sec. 78.45-1 When required.
(a) * * *
(1) General arrangement plans showing for each deck the fire
control stations, the various sections enclosed by fire-resisting
bulkheads, together with particulars of the fire alarms, detecting
systems, the sprinkler installation (if any), the fire extinguishing
appliances, means of access to different compartments, decks, etc., and
the ventilating systems including particulars of the master fan
controls, the positions of dampers, the location of the remote means of
stopping fans, and identification numbers of the ventilating fans
serving each section. If cargo compartments are ``specially suitable
for vehicles,'' they shall be so indicated on the plan. Alternatively,
at the discretion of the Commandant, the listed details may be set out
in a different medium, such as a booklet or on computer software,
provided that the details are available to each officer and a written
copy is retained on board at all times and is accessible during
emergencies. The symbols used to indentify the listed details shall be
in accordance with ASTM F 1626-1995.
* * * * *
(3) The aforementioned information required for this section shall
be kept up-to-date, any alteration being recorded in the applicable
medium as soon as practicable.
214. Section 78.47-27 is revised to read as follows:
Sec. 78.47-27 Self-contained breathing apparatus.
Lockers or spaces containing self-contained breathing apparatus
shall be marked ``SELF-CONTAINED BREATHING APPARATUS.''
Subpart 78.53--[Removed]
215. Subpart 78.53 is removed.
216. Section 78.55-1 is revised to read as follows:
Sec. 78.55-1 Master and chief engineer responsible.
It shall be the duty of the master and the engineer in charge of
the boilers of any vessel to require that a steam pressure is not
carried in excess of that allowed by the certificate of inspection, and
to require that the safety valves, once set by the inspector, are in no
way tampered with or made inoperative.
217. Section 78.65-1 is revised to read as follows:
Sec. 78.65-1 Licensed officers.
All licensed officers on a vessel shall have their licenses
conspicuously displayed.
PART 80--DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY
218. The authority citation for Part 80 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
219. Section 80.01 is revised to read as follows:
Sec. 80.01 Purpose.
The purpose of the regulations in this part is to implement 46
U.S.C. 3504.
Sec. 80.40 [Amended]
220. Section 80.40 is amended by removing the terms ``46 U.S.C.
362(b)'' and replacing them with the terms ``46 U.S.C. 3504''.
[[Page 58829]]
PART 90--GENERAL PROVISIONS
221. The authority citation for Part 90 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
222. Section 90.01-1 is revised to read as follows:
Sec. 90.01-1 Purpose of regulations.
The purpose of the regulations in this subchapter is to set forth
uniform minimum requirements for cargo and miscellaneous vessels, as
listed in Column 5 of Table 90.05-1(a).
Sec. 90.01-5 [Removed]
223. Section 90.01-5 is removed.
Sec. 90.05-30 [Removed]
224. Section 90.05-30 is removed.
225. Section 90.10-9 is revised to read as follows:
Sec. 90.10-9 Coast Guard District Commander.
This term means an officer of the Coast Guard designated as such by
the Commandant to command all Coast Guard activities within his
district, which include the inspection, enforcement, and administration
of Subtitle II of Title 46, U.S. Code and regulations issued under
these statutes.
226. Section 90.10-21 is revised to read as follows:
Sec. 90.10-21 Marine inspector or inspector.
These terms mean any person from the civilian or military branch of
the Coast Guard assigned under the superintendence and direction of an
Officer in Charge, Marine Inspection, or any other person as may be
designated for the performance of duties with respect to inspection,
enforcement, and administration of Subtitle II of Title 46, U.S. Code
and regulations issued under these statutes.
227. Section 90.10-23 introductory text is revised to read as
follows:
Sec. 90.10-23 Motorboat.
This term means any vessel indicated in Column 5 of Table 90.05-
1(a) 65 feet in length or less which is propelled by machinery
(including steam). The length shall be measured from end to end over
the deck excluding sheer. This term includes a boat temporarily or
permanently equipped with a detachable motor. For the purpose of this
subchapter, motorboats are included under the term ``vessel'' unless
specifically noted otherwise. The various classes of motorboats are as
follows:
* * * * *
228. Section 90.10-27 is revised to read as follows:
Sec. 90.10-27 Officer in Charge, Marine Inspection (OCMI).
This term means any person from the civilian or military branch of
the Coast Guard designated as such by the Commandant and who, under the
superintendence and direction of the Coast Guard District Commander, is
in charge of an inspection zone for the performance of duties with
respect to the inspections, enforcement, and administration of Subtitle
II of Title 46, U.S. Code and regulations issued under these statutes.
229. In Sec. 90.10-36 the first sentence is revised to read as
follows:
Sec. 90.10-36 Seagoing barge.
A seagoing barge is a nonself-propelled vessel of at least 100
gross tons making voyages beyond the Boundary Line (as defined in 46
CFR part 7). * * *
Sec. 90.30-1 [Removed]
230. Section 90.30-1 is removed.
Sec. 90.30-5 [Removed]
231. Section 90.30-5 is removed.
PART 91--INSPECTION AND CERTIFICATION
232. The authority citation for Part 91 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703; E.O. 12234,
45 FR 58801.3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
233. In Sec. 91.25-25, paragraphs (a)(3), (b)(3), and (c) are
revised to read as follows and paragraph (e) is removed:
Sec. 91.25-25 Hull equipment.
(a) * * *
(3) The owner, operator or master shall provide the Officer in
Charge, Marine Inspection with all current valid certificates and
registers of cargo gear issued by an organization recognized by the
Commandant under Sec. 31.10-16.
(b) * * *
(3) Indicate that the cargo gear described in the certificate or
register complies with the standards of the organization or association
authorized to issue the certificate or register.
(c) Competent persons for the purposes of this section are defined
as--
(1) Surveyors of a classification society recognized by the
Commandant under 46 U.S.C. 3316.
(2) Surveyors of a cargo gear organization recognized by the
Commandant under Sec. 31.10-16.
(3) Responsible officials or employees of the testing laboratories,
companies, or organizations who conduct tests of pieces of loose cargo
gear, wire rope, or the annealing of gear as may be required by the
standards of the organization or association authorized to issue the
certificate or register.
* * * * *
Subpart 91.37--[Removed]
234. Subpart 91.37 is removed.
235. In Sec. 91.40-1, paragraphs (a) and (d) are revised to read as
follows:
Sec. 91.40-1 Definitions relating to hull examinations.
* * * * *
(a) Drydock examination means hauling out a vessel or placing a
vessel in a drydock or slipway for an examination of all accessible
parts of the vessel's underwater body and all through-hull fittings.
* * * * *
(d) Underwater survey means the examination, while the vessel is
afloat, of all accessible parts of the vessel's underwater body and all
through-hull fittings.
236. In Sec. 91.40-3, paragraphs (d)(4), (e) introductory text, and
(e)(1) are revised to read as follows:
Sec. 91.40-3 Drydock examination, internal structural examination,
cargo tank internal examination, and underwater survey intervals.
* * * * *
(d) * * *
(4) The means that will be provided for examining through-hull
fittings.
* * * * *
(e) Vessels otherwise qualifying under paragraph (d) of this
section, that are 15 years of age or older may be considered for
continued participation in or entry into the underwater survey program
on a case-by-case basis if--
(1) Before the vessel's next scheduled drydocking, the owner or
operator submits a request for participation or continued participation
to Commandant (G-MOC);
* * * * *
237. In Sec. 91.55-1, a new paragraph (c) is added to read as
follows:
Sec. 91.55-1 General.
* * * * *
(c) Plans and specification for cargo gear shall be approved by
either a recognized classification society or recognized cargo gear
organization, as specified in Sec. 91.25-25.
PART 92--CONSTRUCTION AND ARRANGEMENT
238. The authority citation for Part 92 is revised to read as
follows:
[[Page 58830]]
Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
239. In Sec. 92.07-1, paragraph (c) is added to read as follows:
Sec. 92.07-1 Application.
* * * * *
(c) SOLAS-certified vessels complying with method IC, as described
in SOLAS 74, Regulation II-2/42, may be considered equivalent to the
provisions of this subpart.
PART 93--STABILITY
240. The authority citation for Part 93 continues to read as
follows:
Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart 93.20--[Removed]
241. Subpart 93.20 is removed.
PART 95--FIRE PROTECTION EQUIPMENT
242. The authority citation for Part 95 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 95.01-2 [Amended]
243. In Sec. 95.01-2, paragraph (b) is amended by adding in
alphabetical order of the organizations referenced the following
standard:
Sec. 95.01-2 Incorporation by reference.
* * * * *
(b) * * *
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 13-1996, Standard for the
Installation of Sprinkler
Systems......................................................95.30-1
244. In Sec. 95.10-5, paragraph (f) is revised to read as follows:
Sec. 95.10-5 Fire pumps.
* * * * *
(f) Fire pumps may be used for other purposes provided at least one
of the required pumps is kept available for use on the fire system at
all times. In no case shall a pump having connection to an oil line be
used as a fire pump. Branch lines connected to the fire main for
purposes other than fire and deck wash shall be so arranged that
adequate water can be made continuously available for firefighting
purposes.
* * * * *
245. In Sec. 95.10-10, paragraph (l)(1) is revised as follows:
Sec. 95.10-10 Fire hydrants and hose.
* * * * *
(l) * * *
(1) Fire station hydrant connections shall be brass, bronze, or
other equivalent metal. A uniform coupling shall be used for each hose
diameter.
* * * * *
Sec. 95.15-5 [Removed]
246. In Sec. 95.15-5, paragraph (d) is removed and paragraphs (e)
and (f) are redesignated paragraphs (d) and (e) respectively.
Subpart 95.30--[Added]
247. Subpart 95.30 is added to read as follows:
Subpart 95.30--Automatic Sprinkler Systems, Details
Sec. 95.30-1 Application.
Automatic sprinkler systems shall comply with NFPA 13-1996.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
248. The authority citation for Part 96 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 96.35-10 [Amended]
249. In Sec. 96.35-10, paragraph (a) is amended by adding the
following sentence to the end of the paragraph: ``In lieu of the flame
safety lamp, vessels may carry an oxygen depletion meter which is
listed by a Coast Guard recognized independent laboratory as
intrinsically safe.''
PART 97--OPERATIONS
250. The authority citation for Part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
251. Section 97.01-2 is added to read as follows:
Sec. 97.01-2 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
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 paragraph (b) of 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 Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard,
Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
American Society for Testing and Materials (ASTM)
ASTM International Headquarters, 100 Barr Harbor Dr., West
Conshocken, PA 19248-2959,
ASTM F 1626-1995 Standard Practice for Preparing Shipboard Fire
Control Plans...................................................97.36-1
252. Section 97.15-15 is revised to read as follows:
Sec. 97.15-15 Examination of boilers and machinery.
It shall be the duty of the chief engineer when he assumes charge
of the boilers and machinery of a vessel to examine them thoroughly. If
any parts thereof are in bad condition, the fact shall immediately be
reported to the master, owner or agent, and the Officer in Charge,
Marine Inspection.
Sec. 97.30-20 [Removed]
253. Section 97.30-20 is removed.
254. Section 97.36-1 is revised to read as follows:
Sec. 97.36-1 When required.
Barges with sleeping accommodations for more than six persons and
all self-propelled vessels must have permanently exhibited the
following plans for the guidance of the officer in charge of the
vessel:
(a) General arrangement plans showing for each deck the fire
control stations, the various sections enclosed by fire-resisting
bulkheads, together with particulars of the fire alarms, detecting
systems, the sprinkler installation (if any), the fire extinguishing
appliances, means of access to different compartments, decks, etc., and
the ventilating systems including particulars of the master fan
controls the positions of dampers, the location of the remote means of
stopping fans, and identification numbers of the ventilating fans
serving each section. If cargo compartments are ``specially suitable
for vehicles,'' they shall be so indicated on the plan. Alternatively,
at the discretion of the Commandant, the aforementioned details may be
set out in any other medium, such as a booklet or on computer software,
provided that the
[[Page 58831]]
aforementioned details are available to each officer and a copy is
retained on board at all times and is accessible during emergencies.
The symbols used to identify the aforementioned details shall be in
accordance with ASTM F 1626-1995.
(b) Plans showing clearly for each deck and hold the boundaries of
the watertight compartments, the openings therein with the means of
closure and position of any controls thereof, and the arrangements for
the correction of any list due to flooding.
(c) The aforementioned information shall be kept up-to-date, any
alteration being recorded in the applicable medium as soon as
practicable.
255. In Sec. 97.37-20, the heading is revised to read as follows:
Sec. 97.37-20 Self-contained breathing apparatus.
* * * * *
Subpart 97.43--[Removed]
256. Subpart 97.43 is removed.
257. Section 97.45-1 is revised to read as follows:
Sec. 97.45-1 Master and chief engineer responsible.
It shall be the duty of the master and the chief engineer of any
vessel to require that a steam pressure is not carried in excess of
that allowed by the certificate of inspection, and to require that the
safety valves, once set by the inspector, are in no way tampered with
or made inoperable.
258. Section 97.53-1 is revised to read as follows:
Sec. 97.53-1 Licensed officers.
All licensed officers on a vessel shall have their licenses
conspicuously displayed.
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
259. The authority citation for Part 105 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; 49 CFR 1.46.
260. Section 105.01-1 is revised to read as follows:
Sec. 105.01-1 Purpose.
The purpose of the regulations in this part is to provide adequate
safety in the transporting and handling of inflammable or combustible
cargo in bulk on board certain commercial fishing vessels and tenders.
Sec. 105.10-1 [Removed]
261. Section 105.10-1 is removed.
262. In Sec. 105.35-1, paragraph (a) is revised as follows:
Sec. 105.35-1 General.
(a) In addition to the requirements in Sec. 28.160 of subchapter C
of this chapter, at least two BII dry chemical or foam portable fire
extinguishers bearing the marine type label of the Underwriter's
Laboratories, Inc., shall be located at or near each dispensing area.
* * * * *
PART 108--DESIGN AND EQUIPMENT
263. The authority citation for Part 108 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306, 5115; 49 CFR
1.46.
Sec. 108.101 [Amended]
264. In Sec. 108.101, paragraph (b) is amended by adding in
alphabetical order of the organizations referenced the following
standard:
Sec. 108.101 Incorporation by reference.
* * * * *
(b) * * *
National Fire Protection Association (NFPA)
P.O. Box 9101, Quincy, MA 02269-9101
NFPA 13-1996, Standard for the
Installation of Sprinkler
Systems......................................................108.430
265. In Sec. 108.417, paragraph (e) is revised to read as follows:
Sec. 108.417 Fire pump components and associated equipment.
* * * * *
(e) An oil line must not be connected to a fire pump.
Sec. 108.430 [Added]
266. In Subpart D, a new undesignated centerhead and Sec. 108.430
are added to read as follows:
Automatic Sprinkling Systems
Sec. 108.430 General.
Automatic Sprinkler Systems shall comply with NFPA 13-1996.
Sec. 108.435 [Removed]
267. Section 108.435 is removed.
PART 109--OPERATIONS
268. The authority for Part 109 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49
CFR 1.46.
Sec. 109.105 [Added]
269. Section 109.105 is added to read as follows:
Sec. 109.105 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a). To enforce any edition other than that specified
in paragraph (b) of this section, the Coast Guard must publish notice
of change in the Federal Register and make the material available to
the public. All approved material is on file at the Office of the
Federal Register, 800 North Capital Street, NW., suite 700, Washington,
DC, and at the U.S. Coast Guard, Office of Design and Engineering
Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001
and is available from the sources indicated in paragraph (b) of this
section.
(b) The material for incorporation by reference in this part and
the sections affected are:
American Society for Testing and Materials (ASTM),
ASTM International Headquarters, 100 Barr Harbor Dr., West
Conshocken, PA 19248-2959
ASTM F 1626-1995, Standard Practice for Preparing Shipboard Fire
Control Plans...................................................109.563
Sec. 109.121 [Removed]
270. In Sec. 109.121, paragraph (b) is removed and paragraph (c) is
redesignated paragraph (b).
Sec. 109.423 [Removed]
271. Section 109.423 is removed.
272. In Sec. 109.431, paragraph (a) is revised to read as follows:
Sec. 109.431 Logbook.
(a) The master or person in charge of a unit is required by 46
U.S.C. 11301 to have an official logbook shall maintain the logbook on
Form CG-706. When the voyage is completed, the master or person in
charge shall file the logbook with the Officer in Charge, Marine
Inspection.
* * * * *
273. In Sec. 109.555, paragraph (b) is revised to read as follows:
Sec. 109.555 Propulsion boilers.
* * * * *
(b) The safety valves, once set, are not tampered with or made
inoperative.
274. In Sec. 109.563, a new paragraph (a)(6) is added to read as
follows:
Sec. 109.563 Posting of documents.
* * * * *
(a) * * *
(6) Symbols for the details required by this section shall be in
accordance with ASTM F 1626-1995.
* * * * *
[[Page 58832]]
PART 147A--INTERIM REGULATIONS FOR SHIPBOARD FUMIGATION
275. The authority citation for Part 147A is revised to read as
follows:
Authority: 46 U.S.C. 5103; 49 CFR 1.46.
PART 148--CARRIAGE OF SOLID HAZARDOUS MATERIALS IN BULK
276. The authority citation for Part 148 is revised to read as
follows:
Authority: 49 U.S.C. 5103; CFR 1.46.
277. In Sec. 148.01-1, paragraph (c) is revised as follows:
Sec. 148.01-1 Purpose and applicability.
* * * * *
(c) For purposes of this part, the term ``vessel'' means a ``cargo
vessel or barge'' which is not exempted under 49 U.S.C. 5107(d).
* * * * *
SUBCHAPTER O--CERTAIN BULK DANGEROUS CARGOES
Subchapter O--[Removed]
278. In Subchapter O, the Note which precedes Part 150 is removed.
PART 150--COMPATIBILITY OF CARGOES
279. The authority citation for Part 150 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46. Section
150.105 issued under 44 U.S.C. 3507; 49 CFR 1.45.
280. Section 150.110 is revised to read as follows:
Sec. 150.110 Applicability.
This subpart prescribes rules for identifying incompatible
hazardous materials and rules for carrying these materials in bulk as
cargo in permanently attached tanks or in tanks that are loaded or
discharged while aboard the vessel. The rules apply to all vessels that
carry liquid dangerous cargoes in bulk that are subject to 46 U.S.C.
Chapter 37.
PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES
281. The authority citation for Part 151 continues to read as
follows:
Authority: 33 U.S.C. 1903, 46 U.S.C. 3703; 49 CFR 1.46.
282. In Sec. 151.03-30, paragraph (c) is revised to read as
follows:
Sec. 151.03-30 Hazardous material.
* * * * *
(c) Designated a hazardous material under 49 U.S.C. 5103.
Note * * *
283. Section 151.03-41 is revised to read as follows:
Sec. 151.03-41 Officer in Charge, Marine Inspection (OCMI).
This term means any person from the civilian or military branch of
the Coast Guard designated as such by the Commandant and who, under the
superintendence and direction of the Coast Guard District Commander, is
in charge of an inspection zone for the performance of duties with
respect to the enforcement and administration of Subtitle II of Title
46, U.S. Code and regulations issued under these statutes.
PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS
281. The authority citation for Part 153 continues to read as
follows:
Authority: 46 U.S.C. 3703; 49 CFR 1.46. section 153.40 issued
under 49 U.S.C. 1804. Sections 153.470 through 153.491, 153,1100
through 153.1132, and 153.1600 through 153.1608 also issued under 33
U.S.C. 1903(b).
285. In Sec. 153.2, paragraph (3) in the definition of Hazardous
material is revised to read as follows:
Sec. 153.2 Definitions and acronyms.
* * * * *
Hazardous material * * *
(3) Designated a hazardous material under 49 U.S.C. 5103.
Note * * *
* * * * *
Sec. 153.470 [Amended]
286. In Sec. 153.470, the Note at the end of the section is
removed.
PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK
LIQUIFIED GASES
287. The authority citation for Part 154 continues to read as
follows:
Authority: 46 U.S.C. 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 154.1445 [Removed]
288. Section 154.1445 is removed.
PART 159--APPROVAL OF EQUIPMENT AND MATERIALS
289. The authority citation for Part 159 continues to read as
follows:
Authority: 46 U.S.C. 3308, 3703; 49 CFR 1.45, 1.46; Section
159.001-9 also issued under the authority of 44 U.S.C. 3507.
290. Section 159.007-9 is revised by adding paragraph (d) as
follows:
Sec. 159.007-9 Production inspections and tests.
* * * * *
(d) The manufacturer shall admit a Coast Guard inspector or his
representative to any place where approved equipment is manufactured
and where parts or completed equipment is stored, for the purpose of
verifying that the equipment is being manufactured in accordance with
the approved plans and the requirements of this subchapter.
PART 160--LIFESAVING EQUIPMENT
291. The authority citation for Part 160 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 3
CFR, 1980 Comp., p. 277; 49 CFR 1.46.
292. Section 160.001-1 is revised to read as follows:
Sec. 160.001-1 Scope.
(a) This subpart contains the general:
(1) Characteristics of life preservers (Type I personal flotation
devices (PFDs));
(2) Approval procedures for life preservers; and
(3) Production oversight requirements for life preservers.
(b) Other subparts in this part specify the detailed requirements
for standard type life preservers and may supplement the requirements
in this subpart.
293. In Sec. 160.001-2, paragraphs (b) and (d) are revised to read
as follows:
Sec. 160.001-2 General characteristics of life preservers.
* * * * *
(b) A life preserver must be capable of supporting in fresh water
for 48 hours a minimum of 22 pounds.
* * * * *
(d) A life preserver must be:
(1) Simple in design;
(2) Capable of being worn:
(i) Inside-out,
(ii) Clearly in only one way, or
(iii) Donned correctly without demonstration, instructions, or
assistance by at least 75 percent of persons unfamiliar with the
design; and
(3) Capable of being quickly adjusted for a secure fit to the body
of wearers for which it is intended.
* * * * *
294. Section 160.001-3 is revised to read as follows:
Sec. 160.001-3 Procedure for approval.
(a) General. Designs of life preservers are approved only by the
Commandant, U.S. Coast Guard. Manufacturers seeking approval of a life
preserver
[[Page 58833]]
design shall follow the procedures of this section and subpart 159.005
of this chapter.
(b) Each application for approval of a life preserver must contain
the information specified in Sec. 159.005-5 of this chapter. The
application and, except as provided in paragraphs (c) and (d)(2) of
this section, a prototype life preserver must be submitted to the
Commandant for preapproval review. If a similar design has already been
approved, the Commandant may waive the preapproval review under
Secs. 159.005-5 and 159.005-7 of this chapter.
(c) If the life preserver is of a standard design, as described by
subpart 160.002, 160.005, or 160.055, the application:
(1) Must include the following: A statement of any exceptions to
the standard plans and specifications, including drawings, product
description, construction specifications, and/or bill of materials.
(2) Need not include: The information specified in Sec. 159.005-
5(a)(2).
(d) If the life preserver is of a non-standard design, the
application must include the following:
(1) Plans and specifications containing the information required by
Sec. 159.005-12 of this chapter, including drawings, product
description, construction specifications, and bill of materials.
(2) The information specified in Sec. 159.005-5(a)(2) (i) through
(iii) of this chapter, except that, if preapproval review has been
waived, the manufacturer is not required to send a prototype PFD sample
to the Commandant.
(3) Performance testing results of the design performed by an
independent laboratory, that has a Memorandum of Understanding with the
Coast Guard under Sec. 159.010-7 of this subchapter covering the in-
water testing of personal flotation devices, showing equivalence to the
standard design's performance in all material respects.
(4) The Approval Type sought (Type I or Type V).
(5) Any special purpose(s) for which the life preserver is designed
and the vessel(s) or vessel type(s) on which its use is intended.
(6) Buoyancy and other relevant tolerances to be complied with
during production.
(7) The text of any optional marking to be included on the life
preserver in addition to the markings required by the applicable
approval subpart.
(8) For any conditionally approved life preserver, the intended
approval condition(s).
(e) The description of quality control procedures required by
Sec. 159.005-9 of this chapter may be omitted if the manufacturer's
planned quality control procedures meet the requirements of those
accepted by the Commandant for the independent laboratory performing
production inspections and tests.
(f) Waiver of tests. A manufacturer may request that the Commandant
waive any test prescribed for approval under the applicable subpart. To
request a waiver, the manufacturer must submit to the Commandant and
the laboratory described in Sec. 159.010, one of the following:
(1) Satisfactory test results on a PFD of sufficiently similar
design as determined by the Commandant.
(2) Engineering analysis demonstrating that the test for which a
waiver is requested is not appropriate for the particular design
submitted for approval or that, because of its design or construction,
it is not possible for the PFD to fail that test.
Sec. 160.001-5 [Added]
295. Section 160.001-5 is added to read as follows:
Sec. 160.001-5 Production oversight.
(a) General. Production tests and inspections must be conducted in
accordance with this section, subpart 159.007 of this chapter, and if
conducted by an independent laboratory, the independent laboratory's
procedures for production inspections and tests as accepted by the
Commandant. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subchapter.
(b) Oversight. In addition to responsibilities set out in part 159
of this chapter and the accepted laboratory procedures for production
inspections and tests, each manufacturer of a life preserver and each
laboratory inspector shall comply with the following, as applicable:
(1) Manufacturer. Each manufacturer must--
(i) Perform all tests and examinations necessary to show compliance
with this subpart and subpart under which the life preserver is
approved on each lot before any inspector's tests and inspection of the
lot;
(ii) Follow established procedures for maintaining quality control
of the materials used, manufacturing operations, and the finished
product; and
(iii) Allow an inspector (or his representative) to take samples of
completed units or of component materials for tests required by this
subpart and for tests relating to the safety of the design.
(2) Laboratory. An inspector from the accepted laboratory shall
oversee production in accordance with the laboratory's procedures for
production inspections and tests accepted by the Commandant. During
production oversight, the inspector shall not perform or supervise any
production test or inspection unless--
(i) The manufacturer has a valid approval certificate; and
(ii) The inspector has first observed the manufacturer's production
methods and any revisions to those methods.
(3) At least quarterly, the inspector shall check the
manufacturer's compliance with the company's quality control
procedures, examine the manufacturer's required records, and observe
the manufacturer perform each of the required production tests.
(c) Test facilities. The manufacturer shall provide a suitable
place and apparatus for conducting the tests and inspections necessary
to determine compliance of life preservers with this subpart. The
manufacturer shall provide means to secure any test that is not
continuously observed, such as the 48 hour buoyancy test. The
manufacturer must have the calibration of all test equipment checked in
accordance with the test equipment manufacturer's recommendation and
interval but not less than at least once every year.
(d) Lots. A lot may not consist of more than 1000 life preservers.
A lot number must be assigned to each group of life preservers
produced. Lots must be numbered serially. A new lot must be started
whenever any change in materials or a revision to a production method
is made, and whenever any substantial discontinuity in the production
process occurs. The lot number assigned, along with the approval
number, must enable the PFD manufacturer to determine the supplier's
identifying information for the component lot.
(e) Samples. (1) From each lot of life preservers, manufacturers
shall randomly select a number of samples from completed units at least
equal to the applicable number required by Table 160.001-5(e) for
buoyancy testing. Additional samples must be selected for any tests,
examinations, and inspections required by the laboratory's production
inspections and tests procedures.
[[Page 58834]]
Table 160.001-5(e).--SAMPLING FOR BUOYANCY TESTS
------------------------------------------------------------------------
Number of
life
Lot size preservers
in sample
------------------------------------------------------------------------
100 and under............................................... 1
101 to 200.................................................. 2
201 to 300.................................................. 3
301 to 500.................................................. 4
501 to 750.................................................. 6
751 to 1000................................................. 8
------------------------------------------------------------------------
(2) For a lot next succeeding one from which any sample life
preserver failed the buoyancy test, the sample shall consist of not
less than ten specimen life preservers to be tested for buoyancy in
accordance with paragraph (f) of this section.
(f) Buoyancy test. The buoyancy of the life preservers must be
determined by measuring the upward force exerted by the individual
submerged unit. The buoyancy measurement must be made at the end of the
24 or 48 hours of submersion, as specified in the applicable approval
subpart, during which period the pad inserts must not be disturbed.
(g) Buoyancy required. The buoyancy must meet the requirements of
the applicable approval subpart.
(h) Lot inspection. On each lot, the laboratory inspector shall
perform a final lot inspection to be satisfied that the life preservers
meet this subpart. Each lot must demonstrate--
(1) First quality workmanship;
(2) That the general arrangement and attachment of all components,
such as body straps, closures, tie tapes, and drawstrings, are as
specified in the approved plans and specifications;
(3) Compliance with the marking requirements in the applicable
approval subpart; and
(4) The information pamphlet specified in 33 CFR part 181, subpart
G, if required, is securely attached to the device, with the PFD
selection information visible and accessible prior to purchase.
(i) Lot acceptance. When the independent laboratory has determined
that the life preservers in the lot are of a type officially approved
in the name of the company, and that such life preservers meet the
requirements of this subpart, they shall be plainly marked in
waterproof ink with the independent laboratory's name or identifying
mark.
(j) Lot rejection. Each nonconforming unit must be rejected. If
three or more nonconforming units are rejected for the same kind of
defect, lot inspection must be discontinued and the lot rejected. The
inspector must discontinue lot inspection and reject the lot if
examination of individual units or the records for the lot shows
noncompliance with either this subchapter or the laboratory's or the
manufacturer's quality control procedures. A rejected unit or lot may
be resubmitted for testing and inspection if the manufacturer first
removes and destroys each defective unit or, if authorized by the
laboratory, reworks the unit or lot to correct the defect. A rejected
lot or rejected unit may not be sold or offered for sale under the
representation that it meets this subpart or that it is Coast Guard-
approved.
296. Section 160.002-5 is revised to read as follows:
Sec. 160.002-5 Sampling, tests, and inspections.
(a) Production tests and inspections must be conducted by the
manufacturer of a life preserver and the accepted laboratory inspector
in accordance with this section and Sec. 160.001-5.
(b) Buoyancy test. The buoyancy of the pad inserts from the life
preserver shall be determined according to paragraph 160.001-5(f) of
this part with each compartment of the buoyant pad insert covers slit
so as not to entrap air. The period of submersion must be at least 48
hours.
(c) Buoyancy required. The buoyant pad inserts from Model 3 adult
life preservers shall provide not less than 25 pounds buoyancy in fresh
water, and the pads from Model 5 child life preservers shall provide
not less than 16.5 pounds buoyancy.
297. Section 160.002-7 is revised to read as follows:
Sec. 160.002-7 Procedure for approval.
General. Manufacturers seeking approval of a life preserver design
shall follow the procedures of subpart 159.005 of this chapter, as
explained in Sec. 160.001-3 of this part.
298. Section 160.005-5 is revised to read as follows:
Sec. 160.005-5 Sampling, tests, and inspections.
(a) Production tests and inspections must be conducted by the
manufacturer of a life preserver and the accepted laboratory inspector
in accordance with this section and Sec. 160.001-5.
(b) Buoyancy test. The buoyancy of the pad inserts from the life
preserver shall be determined according to paragraph 160.001-5(f) of
this part with each compartment of the buoyant pad insert covers slit
so as not to entrap air. The period of submersion must be at least 48
hours.
(c) Buoyancy required. The buoyant pad inserts from Model 3 adult
life preservers shall provide not less than 25 pounds buoyancy in fresh
water, and the pads from Model 5 child life preservers shall provide
not less than 16.5 pounds buoyancy.
299. Section 160.005-7 is revised to read as follows:
Sec. 160.005-7 Procedure for approval.
General. Manufacturers seeking approval of a life preserver design
shall follow the procedures of subpart 159.005 of this chapter, as
explained in Sec. 160.001-3 of this part.
Sec. 160.006 [Amended]
300. The heading of subpart 160.006 is revised to read ``Life
Preservers: Repairing.''
Sec. 160.006-1 [Removed]
301. Section 160.006-1 is removed.
Sec. 160.006-4 [Removed]
302. Section 160.006-4 is removed.
Sec. 160.006-5 [Removed]
303. Section 160.006-5 is removed.
Sec. 160.013-4 [Removed]
304. Section 160.013-4 is removed.
Sec. 160.013-6 [Removed]
305. Section 160.013-6 is removed.
Sec. 160.016-3 [Removed]
306. Section 160.016-3 is removed.
Sec. 160.024-6 [Removed]
307. Section 160.024-6 and figure 160.024-6(a) are removed.
308. In Sec. 160.026-6, Table 160.026-6(f) is removed, paragraphs
(f) and (g) are removed, and paragraphs (a), (c), (d), and (e) are
revised to read as follows:
Sec. 160.026-6 Sampling, inspection, and tests of production lots.
(a) General. Containers of emergency drinking water must be tested
in accordance with the provisions of this section by an independent
laboratory accepted by the Coast Guard under 46 CFR 159.010.
* * * * *
(c) Visual inspection of containers. The independent laboratory
inspector shall select at random from each lot the number of sample
filled containers indicated in Table 160.026-6(c), which shall be
examined visually for compliance with the requirements of this subpart.
If the number of defective cans exceeds the acceptance number shown in
the table for the samples selected, the lot shall be rejected.
TABLE 160.026-6(c)--SAMPLING FOR VISUAL INSPECTION OF CONTAINERS
* * * * *
[[Page 58835]]
(D) Laboratory tests of containers and water. The manufacturer
shall select at random from each lot the number of sets of 11 filled
sample containers indicated in Table 160.026-6(d1), which shall be
forwarded to an independent laboratory accepted by the Coast Guard
under 46 CFR 159.010. The independent laboratory shall perform the
tests outlined in Table 160.026-6(d2). If any sample is found to be
non-conforming in any of these tests, the lot shall be rejected.
Table 160.026-6(d1) * * *
Table 160.026-6(d2) * * *
* * * * *
(e) Lot acceptance. When the independent laboratory is satisfied
that the emergency drinking water meets the requirements of this
subpart, the lot shall be accepted. When permitted by the independent
laboratory, rejected lots may be resubmitted for official inspection,
provided all containers in the lot have been reworked by the packer,
and all defective units removed. Emergency drinking water from rejected
lots may not, unless subsequently accepted, be sold or offered for sale
under representation as being in compliance with this subpart or as
being approved for use on merchant vessels.
309. Section 160.026-7 is revised to read as follows:
Sec. 160.026-7 Procedure for approval.
(a) General. Emergency drinking water for lifeboats and liferafts
on merchant vessels is approved only by the Commandant, U.S. Coast
Guard.
(b) Pre-approval samples and plans. Packers who desire to pack
approved emergency drinking water shall have the required tests in
accordance with Sec. 160.026-5 performed by an independent laboratory
accepted by the Coast Guard under 46 CFR 159.010. A copy of the
independent laboratory's report will be forwarded to the Commandant for
examination, and if satisfactory an official approval number will be
assigned to the manufacturer for the emergency drinking water.
Sec. 160.035-2 [Amended]
310. In Sec. 160.035-2, paragraph (e) is removed.
Sec. 160.035-3 [Amended]
311. In Sec. 160.035-3, paragraphs (b), (d)(1), (f), (g), (h), (i),
(j), (k)(1), (l), (m)(2), (m)(3), (m)(4), (m)(5), (m)(8), (o), (p),
(u)(4), (u)(5), (u)(6), (u)(7), (u)(8)(i), and (u)(8)(ii) are removed.
Tables 160.035-3, 160.035-3(d)(1), 160.035-3(i)(4), 160.035-3(m)(8),
and 160.035-3(u)(7) are removed. Paragraphs (c) introductory text,
(c)(1), (c)(2), (d) introductory text, (d)(2), and (d)(3) are
redesignated paragraphs (b) introductory text, (b)(1), (b)(2), (c)
introductory text, (c)(1), and (c)(2) respectively. Paragraphs (e)
introductory text and (e)(1) are redesignated paragraph (d) and
revised. Paragraphs (k) introductory text, (k)(2), and (k)(3) are
redesignated paragraphs (e) introductory text, (e)(1), and (e)(2)
respectively. Table 160.035-3(k)(1) is redesignated Table 160.035-
3(e)(1). Paragraphs (m) introductory text, (m)(1), (m)(6), (m)(7), and
(m)(9) are redesignated paragraphs (f) introductory text, (f)(1),
(f)(2), (f)(3), and (f)(4) respectively. Paragraphs (n) introductory
text and (n)(1) are redesignated paragraph (g) and revised. Paragraphs
(q) introductory text, (q)(1), and (q)(2) are redesignated paragraphs
(h) introductory text, (h)(1), and (h)(2) respectively. Paragraphs (r)
introductory text and (r)(1) are redesignated paragraph (i) and
revised. Paragraphs (s) introductory text, (s)(1), (s)(2), (s)(3), (t),
(u) introductory text, (u)(1), (u)(2), and (u)(3) are redesignated
paragraphs (j) introductory text, (j)(1), (j)(2), (j)(3), (k), (l)
introductory text, (l)(1), (l)(2), and (l)(3) respectively. Paragraphs
(u)(8) and (u)(8)(iii) are redesignated paragraph (l)(4) and revised.
Paragraphs (v) introductory text, (v)(1), and (v)(2) are redesignated
paragraphs (m) introductory text, (m)(1) and (m)(2) respectively.
Paragraphs (w) introductory text and (w)(1) are redesignated paragraph
(n) and revised. Paragraphs (x) introductory text and (x)(1) are
redesignated paragraph (o) and revised. The newly designated paragraph
(e)(1) is amended by removing the term ``Table 160.035-3(k)(1)'' and
replacing them with the term ``Table 160.035-3(e)(1)''. The newly
designated paragraph (k) introductory text is revised. The revisions
read as follows:
Sec. 160.035-3 Construction of steel oar-propelled lifeboats.
* * * * *
(d) Welding. Welding may be substituted for riveting in any
location. It shall be performed by welders qualified by the U.S. Coast
Guard, American Bureau of Shipping, or U.S. Navy Department, and only
approved electrodes shall be used. Details of the joints shall be
indicated on the construction drawings submitted for approval.
* * * * *
(g) Stretchers. Stretchers of sufficient size and strength shall be
fitted in suitable positions for rowing.
* * * * *
(i) Plugs. Each lifeboat shall be fitted with an automatic plug so
designed and installed as to insure complete drainage at all times when
the boat is out of the water. The automatic plug shall be provided with
a cap attached to the lifeboat by a suitable chain. The location of
drain plug is to be marked on the vertical surface in the vicinity of
the plug below the side bench with the word ``plug'' in 3-inch white
letters and with an arrow pointing in the direction of the drain plug.
* * * * *
(k) Each lifeboat shall be fitted with a rudder and tiller. The
rudder shall be fitted with a \1/2\-inch diameter manila lanyard of
such length as to permit the rudder tube to be shipped without untying
the lanyard. * * *
* * * * *
(l) * * *
(4) Built-in buoyancy tanks. Each built-in buoyancy tank shall be
filled with buoyancy material. The amount of material required shall be
determined by the flooding test in accordance with Sec. 160.035-
11(b)(2). The buoyancy materials used shall meet the requirements set
forth for core materials as follows:
Core............... Polystyrene............... MIL-P-40619.
MIL-P-19644.
Polyurethane.............. MIL-P-21929.
* * * * *
(n) Grab rails. Grab rails shall be substantially attached to each
lifeboat below the turn of the bilge and extend approximately one-half
of the length of the lifeboat on each side. The ends of the grab rails
shall be faired to prevent fouling and all connections of the rails to
the lifeboat shall be made by riveting the palms of the brackets to a
small plate and riveting the plate to the shell. To prevent rupture of
the shell if the grab rail is carried away, more rivets shall be used
in attaching the plate to the shell than in fastening the bracket to
the plate. The clearance between the grab rail pipe and the hull shall
be at least 1\1/2\ inches. The connections of the rails to a fibrous
glass reinforced plastic lifeboat hull, will be given special
consideration.
(o) Hand rails. All lifeboats intended for use in ocean and
coastwise service shall be fitted with hand rails approximately 18
inches in length, constructed and attached to the lifeboat in the same
manner as the grab rails required by paragraph (n) of this section. The
clearance between the hand rail pipe and the hull shall be at least
1\1/2\ inches. The hand rails shall be located approximately parallel
to and at both ends of the grab rails and spaced
[[Page 58836]]
midway between the grab rail and the gunwale and midway between the
grab rail and the keel on both sides of the lifeboat provided that,
when the distance from grab rail to gunwale or to the keel exceeds 4
feet, two hand rails shall be fitted so as to provide equal spacing. In
no case shall the hand rails project beyond the widest part of the
boat. Recessed hand rails or other alternate arrangements will be given
consideration.
Sec. 160.035-4 [Removed]
312. Section 160.035-4 is removed
Sec. 160.035-6 [Removed]
313. In Sec. 160.035-6, paragraphs (b), (d), (f), (g), and (h) are
removed and paragraphs (c), (e) and (i) are redesignated paragraphs
(b), (c) and (d) respectively.
Table 160.035-6(d)(1) [Removed]
314. Table 160.035-6(d)(1) is removed.
Sec. 160.035-7 [Removed]
315. Section 160.035-7 is removed.
Sec. 160.035-9 [Removed]
316. In Sec. 160.035-9, paragraph (c) is removed and reserved.
Sec. 160.041-5 [Removed]
317. In Sec. 160.041-5, paragraph (a) is removed and paragraphs
(b), (c), (d), (e), and (f) are redesignated paragraphs (a), (b), (c),
(d) and (e) respectively.
Sec. 160.041-7 [Removed]
318. Section 160.041-7 is removed.
Sec. 160.043-7 [Removed]
319. Section 160.043-7 is removed.
Sec. 160.044-4 [Amended]
320. In Sec. 160.044-4, paragraph (a) is removed and paragraphs
(b), (c), and (d) are redesignated paragraphs (a), (b), and (c)
respectively. In the newly designated paragraph (a), the term ``pump''
is revised to read ``bilge pump'' both times it appears.
Sec. 160.044-6 [Removed]
321. Section 160.044-6 is removed.
Sec. 160.048-6 [Amended]
322. In Sec. 160.048-6, paragraph (a) is amended by removing the
terms ``Approved for use on recreational boats less than 16 feet in
length and all canoes and kayaks, and only as a throwable device on all
other vessels.'' and replacing them with the terms ``Approved for use
on recreational boats only as a throwable device.'' and paragraph (c)
is removed.
Sec. 160.049-6 [Amended]
323. In Sec. 160.049-6, paragraph (a) is amended by removing the
terms ``Approved for use on recreational boats less than 16 feet in
length and all canoes and kayaks, and only as a throwable device on all
other vessels.'' and replacing them with the terms ``Approved for use
on recreational boats only as a throwable device.'' and paragraph (c)
is removed.
324. In Sec. 160.050-5, the heading and paragraphs, (a), (b), (c),
(d), (e), and (f) are revised; paragraphs (g), (h), and (i) are added;
and Table 160.050-5(b) is redesignated as Table 160.050-5(e) and
amended by adding two new entries at the end of the Table, to read as
follows:
Sec. 160.050-5 Sampling, tests, and inspection.
(a) General. Production tests and inspections must be conducted in
accordance with this section, subpart 159.007 of this chapter, and if
conducted by an independent laboratory, the independent laboratory's
procedures for production inspections and tests as accepted by the
Commandant. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subchapter.
(b) Oversight. In addition to responsibilities set out in part 159
of this chapter and the accepted laboratory procedures for production
inspections and tests, each manufacturer of a ring life buoy and each
laboratory inspector shall comply with the following, as applicable.
(1) Manufacturer. Each manufacturer must--
(i) Perform all tests and examinations necessary to show compliance
with this subpart and subpart under which the ring life buoy is
approved on each lot before any inspector's tests and inspection of the
lot;
(ii) Follow established procedures for maintaining quality control
of the materials used, manufacturing operations, and the finished
product; and
(iii) Allow an inspector (or his representative) to take samples of
completed units or of component materials for tests required by this
subpart and for tests relating to the safety of the design.
(2) Laboratory. An inspector from the accepted laboratory shall
oversee production in accordance with the laboratory's procedures for
production inspections and tests accepted by the Commandant. During
production oversight, the inspector shall not perform or supervise any
production test or inspection unless--
(i) The manufacturer has a valid approval certificate; and
(ii) The inspector has first observed the manufacturer's production
methods and any revisions to those methods.
(3) At least quarterly, the inspector shall check the
manufacturer's compliance with the company's quality control
procedures, examine the manufacturer's required records, and observe
the manufacturer perform each of the required production tests.
(c) Test facilities. The manufacturer shall provide a suitable
place and apparatus for conducting the tests and inspections necessary
to determine compliance of ring life bouys with this subpart. The
manufacturer shall provide means to secure any test that is not
continuously observed, such as the 48 hour buoyancy test. The
manufacturer must have the calibration of all test equipment checked in
accordance with the test equipment manufacturer's recommendation and
interval but not less than at least once every year.
(d) Lots. A lot may not consist of more than 1000 life preservers.
A lot number must be assigned to each group of life preservers
produced. Lots must be numbered serially. A new lot must be started
whenever any change in materials or a revision to a production method
is made, and whenever any substantial discontinuity in the production
process occurs. The lot number assigned, along with the approval
number, must enable the ring life buoy manufacturer to determine the
supplier's identifying information for the component lot.
(e) Samples. (1) From each lot of ring life buoys, manufacturers
shall randomly select a number of samples from completed units at least
equal to the applicable number required by Table 160.001-5(e) for
buoyancy testing. Additional samples must be selected by any tests,
examinations, and inspections required by the laboratories production
inspections and tests procedures.
(2) For a lot next succeeding one from which any sample ring life
buoy failed the buoyancy or strength test, the sample shall consist of
not less than ten specimen ring life buoys to be tested for buoyancy in
accordance with paragraph (f) of this section.
Table 160.050-5(e).--Sampling for Tests
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
501 to 750................................................. 6
751 to 1000................................................ 8
------------------------------------------------------------------------
[[Page 58837]]
(f) Tests--(1) Strength test. The buoy body shall be suspended by a
2-inch-wide strap. A similar strap shall be passed around the opposite
side of the buoy and a 200-pound weight suspended by it from the buoy.
After 30 minutes, the buoy body shall be examined, and there shall be
no breaks, cracks or permanent deformation.
(2) Resistance to damage test. The buoy body shall be dropped three
times from a height of 6 feet onto concrete, and there shall be no
breaks or cracks in the body.
(3) Buoyancy test. To obtain the buoyancy of the buoy, proceed as
follows:
(i) Weigh iron or other weight under water. The weight shall be
more than sufficient to submerge the buoy.
(ii) Attach the iron or other weight to the buoy and submerge with
the top of the buoy at least 2 inches below the surface for 48 hours.
(iii) After the 48-hour submergence period, weigh the buoy with the
weight attached while both are still under water.
(iv) The buoyancy is computed as paragraph (f)(3)(i) minus
paragraph (f)(3)(iii) of this section.
(4) Buoyancy required. The buoys shall provide a buoyancy of not
less than 16.5 pounds for the 20- and 24-inch sizes, and not less than
32 pounds for the 30-inch size.
(g) Lot inspection. On each lot, the laboratory inspector shall
perform a final lot inspection to be satisfied that the ring life buoys
meet this subpart. Each lot must demonstrate--
(1) First quality workmanship;
(2) That the general arrangement and attachment of all components
are as specified in the approved plans and specifications;
(3) Compliance with the marking requirements in the applicable
approval subpart; and
(4) The information pamphlet specified in 33 CFR 181.701 through
181.705 is accessible prior to purchase.
(h) Lot acceptance. When the independent laboratory has determined
that the ring life buoys in the lot are of a type officially approved
in the name of the company, and that such ring life buoys meet the
requirements of this subpart, they shall be plainly marked in
waterproof ink with the independent laboratory's name or identifying
mark.
(i) Lot rejection. Each nonconforming unit must be rejected. If
three or more nonconforming units are rejected for the same kind of
defect, lot inspection must be discontinued and the lot rejected. The
inspector must discontinue lot inspection and reject the lot if
examination of individual units or the records for the lot shows
noncompliance with either this subchapter or the laboratory's or the
manufacturer's quality control procedures. A rejected unit or lot may
be resubmitted for testing and inspection if the manufacturer first
removes and destroys each defective unit or, if authorized by the
laboratory, reworks the unit or lot to correct the defect. A rejected
lot or rejected unit may not be sold or offered for sale under the
representation that it meets this subpart or that it is Coast Guard-
approved.
325. In Sec. 160.050-6, paragraph (a) is amended by removing the
terms ``Approved for use on recreational boats less than 16 feet in
length and all canoes and kayaks, and only as a throwable device on all
other vessels.'' and replacing them with the terms ``Approved for use
on recreational boats only as a throwable device.'' and paragraph (c)
is removed.
326. Section 160.050-7 is revised to read as follows:
Sec. 160.050-7 Procedure for approval.
(a) General. Designs of ring life buoys are approved only by the
Commandant, U.S. Coast Guard. Manufacturers seeking approval of a ring
life buoy design shall follow the procedures of this section and
subpart 159.005 of this chapter.
(b) Each application for approval of a ring life buoy must contain
the information specified in Sec. 159.005-5 of this chapter. The
application and, except as provided in paragraphs (c) and (d)(2) of
this section, a prototype ring life buoy must be submitted to the
Commandant for preapproval review. If a similar design has already been
approved, the Commandant may waive the preapproval review under Secs.
159.005-5 and 159.005-7 of this chapter.
(c) If the ring life buoy is of a standard design, the application:
(1) Must include the following: A statement of any exceptions to
the standard plans and specifications, including drawings, product
description, construction specifications, and/or bill of materials.
(2) Need not include: The information specified in Sec. 159.005-
5(a)(2).
(d) If the ring life buoy is of a non-standard design, the
application must include the following:
(1) Plans and specifications containing the information required by
Sec. 159.005-12 of this chapter, including drawings, product
description, construction specifications, and bill of materials.
(2) The information specified in Sec. 159.005-5(a)(2)(i) through
(iii) of this chapter, except that, if preapproval review has been
waived, the manufacturer is not required to send a prototype ring life
buoy sample to the Commandant.
(3) Performance testing results of the design performed by an
independent laboratory, that has a Memorandum of Understanding with the
Coast Guard under Sec. 159.010-7 of this subchapter covering the in-
water testing of personal flotation devices, showing equivalence to the
standard design's performance in all material respects.
(4) Buoyancy and other relevant tolerances to be complied with
during production.
(5) The text of any optional marking to be included on the ring
life buoy in addition to the markings required by the applicable
approval subpart.
(6) For any conditionally approved ring life buoy, the intended
approval condition(s).
(e) The description of quality control procedures required by
Sec. 159.005-9 of this chapter may be omitted if the manufacturer's
planned quality control procedures meet the requirements of those
accepted by the Commandant for the independent laboratory performing
production inspections and tests.
(f) Waiver of tests. A manufacturer may request that the Commandant
waive any test prescribed for approval under the applicable subpart. To
request a waiver, the manufacturer must submit to the Commandant and
the laboratory described in Sec. 159.010, one of the following:
(1) Satisfactory test results on a ring life buoy of sufficiently
similar design as determined by the Commandant.
(2) Engineering analysis demonstrating that the test for which a
waiver is requested is not appropriate for the particular design
submitted for approval or that, because of its design or construction,
it is not possible for the ring life buoy to fail that test.
Sec. 160.053-1 [Removed]
327. In Sec. 160.053-1, paragraph (c) is removed.
328. Section 160.053-6 is revised to read as follows:
Sec. 160.053-6 Procedure for approval.
(a) General. Work vests for use on merchant vessels or are approved
only by the Commandant, U.S. Coast Guard. Manufacturers seeking
approval of a work vest shall follow the procedures of this section and
subpart 159.005 of this chapter.
(b) If the work vest is of a standard design, as described by
Sec. 160.053-3, in
[[Page 58838]]
order to be approved, the work vest must be tested in accordance with
Sec. 160.053-4 by an independent laboratory accepted by the Coast Guard
under 46 CFR 159.010.
(c) If the work vest is of a non-standard design, the application
must include the following:
(1) Plans and specifications containing the information required by
Sec. 159.005-12 of this chapter, including drawings, product
description, construction specifications, and bill of materials.
(2) The information specified in Sec. 159.005-5(a)(2) (i) through
(iii) of this chapter, except that, if preapproval review has been
waived, the manufacturer is not required to send a prototype work vest
sample to the Commandant.
(3) Performance testing results of the design performed by an
independent laboratory, that has a Memorandum of Understanding with the
Coast Guard under Sec. 159.010-7 of this subchapter covering the in-
water testing of personal flotation devices, showing equivalence to the
standard design's performance in all material respects.
(4) Any special purpose(s) for which the work vest is designed and
the vessel(s) or vessel type(s) on which its use is intended.
(5) Buoyancy and other relevant tolerances to be complied with
during production.
(6) The text of any optional marking to be included on the work
vest in addition to the markings required by Sec. 160.053.
Sec. 160.054-5 [Amended]
329. In Sec. 160.054-5, paragraph (a) is removed and paragraphs (b)
and (c) are redesignated paragraphs (a) and (b) respectively.
Sec. 160.054-7 [Amended]
330. In Sec. 160.054-7, paragraph (a) is removed and paragraphs (b)
and (c) are redesignated paragraphs (a) and (b) respectively.
331. Section 160.055-7 is revised to read as follows:
Sec. 160.055-7 Sampling, tests, and inspections.
(a) Production tests and inspections must be conducted by the
manufacturer of a life preserver and the accepted laboratory inspector
in accordance with this section and Sec. 160.001-5.
(b) Buoyancy test. The buoyancy of the pad inserts from the life
preserver shall be determined according to Sec. 160.001-5(f) with each
compartment of the buoyant pad insert covers slit so as not to entrap
air. The period of submersion must be at least 48 hours.
(c) Buoyancy required. The buoyant pad inserts from Model 3 adult
life preservers shall provide not less than 25 pounds buoyancy in fresh
water, and the pads from Model 5 child life preservers shall provide
not less than 16.5 pounds buoyancy.
332. In Sec. 160.055-9, paragraph (a) is revised to read as
follows:
Sec. 160.055-9 Procedure for approval--standard and nonstandard life
preservers.
(a) General. Manufacturers seeking approval of a life preserver
design shall follow the procedures of subpart 159.005 of this chapter,
as explained in Sec. 160.001-3.
* * * * *
Sec. 160.056-5 [Removed]
333. Section 160.056-5 is removed.
Sec. 160.058-6 [Removed]
334. Section 160.058-6 is removed.
Sec. 160.061-6 [Removed]
335. Section 160.061-6 is removed.
Sec. 160.061-7 [Removed]
336. Section 160.061-7 is removed.
337. Section 160.062-6 is revised to read as follows:
Sec. 160.062-6 Procedure for approval.
General. Hydraulic releases for use on lifesaving equipment for
merchant vessels are approved only by the Commandant, U.S. Coast Guard.
In order to be approved, the hydraulic releases must be tested in
accordance with Sec. 160.062-4(c) by an independent laboratory accepted
by the Coast Guard under 46 CFR 159.010. The independent laboratory
will forward the report to the Commandant for examination, and if
satisfactory an official approval number will be assigned to the
manufacturer for the model hydraulic release submitted.
Sec. 160.064-4 [Amended]
338. In Sec. 160.064-4, paragraph (a)(1) is revised by removing the
terms ``Approved for use on all recreational boats and on uninspected
commercial vessels less than 40 feet in length not carrying passengers
for hire by persons weighing (more than 90 lb., 50 to 90 lb., 30 to 50
lb., or less than 30 lb.)'' and replacing them with the terms
``Approved for use on recreational boats only as a throwable device.''
and paragraph (c) is removed.
PART 164--MATERIALS
339. The authority citation for Part 164 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
340. Subpart 164.013 is revised to read as follows:
Subpart 164.013--Foam, Unicellular Polyethylene (Buoyant, Slab,
Slitted Trigonal Pattern)
Sec. 164.013-1 Scope.
(a) This subpart contains performance requirements, acceptance
tests, and production testing and inspection requirements for
polyethylene foam used in the construction of personal flotation
devices (PFSs) approved under part 160 of this subchapter.
Manufacturers shall also comply with the requirements of subpart
164.019 of this chapter.
(b) All polyethylene foams accepted under this subpart are non-
standard components. Acceptance of polyethylene foam prior to being
incorporated into finished PFDs, or during the course of manufacture,
shall in no case be construed as a guarantee of the acceptance of the
finished PFD.
Sec. 164.013-2 Applicable specifications.
(a) Certain materials are incorporated by reference into this
subpart with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than the one listed in paragraph (b) of this section,
notice of change must be published in the Federal Register and the
material made available to the public. All approved material
incorporated by reference may be inspected at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC and
at the U.S. Coast Guard, Lifesaving and Fire Safety Division (G-MSE-4),
Washington, DC 20593-0001, and is available from the source indicated
in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this
subpart, and the sections affected are as follows:
Underwriters Laboratories (UL)
Underwriters Laboratories, Inc., P.O. Box 13995, Research Triangle
Park, NC 27709-3995 (Phone (919) 549-1400; Facsimile: (919) 549-
1842)
UL 1191, ``Components for Personal Flotation Devices'', May 16,
1995...........................................164.013-3; 160.013-5.
(c) Copies on file. Copies of the specifications and letter or
acceptance shall be kept on file by the manufacturer.
Sec. 164.013-3 Material properties and workmanship.
(a) General. The unicellular polyethylene foam shall be all new
material complying with the
[[Page 58839]]
requirements outlined in this specification. Unicellular polyethylene
foam must comply with the requirements of UL 1191, sections 24, 25, and
26 and its assigned Use Code. Thickness tolerances of the foam must
permit the manufacture of PFDs complying with their required buoyancy
tolerances.
(b) Use Codes 4BC, 4H. Each foam which has a C-factor of at least
94 according to UL 1191 may be assigned Use Codes 4BC and 4H.
(c) Use Codes 2, 3, 5R. Each foam which has a V-factor of at least
85 according to UL 1191 may be assigned Use Codes 2, 3, 5R
(recreational use applications).
(d) Use Codes 2, 3, 5R. Each foam which has a V-factor of at least
85 according to UL 1191 may be assigned Use Codes 2, 3, 5R
(recreational use applications).
Sec. 164.013-4 Samples submitted for acceptance.
Application samples. A product sample submitted for acceptance as
required by Sec. 164.019-7(c)(4) must consist of at least one square
foot by the thickness of foam produced.
Sec. 164.013-5 Acceptance tests.
Manufacturers shall ensure that the performance and identification
tests described in UL 1191, as appropriate, are performed on a minimum
of five samples in each of the lightest and darkest colors submitted
for acceptance by a recognized laboratory accepted under Sec. 164.019.
Sec. 164.013-6 Production tests, inspections, and marking.
Manufacturers shall provide in-plant quality control of
polyethylene foam in accordance with the requirements of Sec. 164.019-
13 and any requirements of the recognized laboratory. The manufacturer
of the foam has primary responsibility for quality control over the
production of the foam. Manufacturers shall provide markings in
accordance with the requirements of Sec. 164.023-15.
Sec. 164.013-7 Marking.
(a) General. The manufacturer must ensure that each shipping label,
and each unit of put-up, is permanently and clearly marked in a color
which contrasts with the color of the surface on which the marking is
applied. Each label must be marked with--
(1) The manufacturer's or supplier's name, trade name, or symbol;
(2) The unique style, part, or model number of the material;
(3) The thickness of the material;
(4) The lot number of the material; and
(5) The product Use Code or Codes.
(b) Each unit of put-up must be marked with the appropriate
recognized laboratory's certification marking(s).
PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS
341. The authority citation for Part 166 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 8105; 46 U.S.C. App. 1295g; 49
CFR 1.46.
342. In Sec. 166.01, paragraph (a) is revised to read as follows:
Sec. 166.01 Approval of nautical school ships.
(a) Under 46 U.S.C. 7315, graduation from a nautical school vessel
may be substituted for the service requirements for able seaman and
qualified member of the engine department endorsements or merchant
mariner's documents.
* * * * *
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
343. The authority citation for Part 167 continues to read as
follows:
Authority: 46 U.S.C. 3306, 6101, 8105; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
344. Section 167.01-1 is revised to read as follows:
Sec. 167.01-1 Basis and purpose of part.
The rules and regulations in this part are prescribed and apply to
public nautical school ships, except vessels of the Navy or Coast
Guard. It is the intent of the regulations in this part to provide
minimum standards for vessels used as nautical school ships in
accordance with the various inspection statutes and to obtain their
correct and uniform application. This part is not applicable to
civilian nautical school ships.
345. Section 167.05-15 is revised to read as follows:
Sec. 167.05-15 Coast Guard District Commander.
This term means an officer of the Coast Guard designated as such by
the Commandant to command all Coast Guard activities within his
district, which include the inspections, enforcement, and
administration of Subtitle II of Title 46, U.S. Code and regulations
issued under these statutes.
346. Section 167.05-20 is revised to read as follows:
Sec. 167.05-20 Marine inspector or inspector.
These terms mean any person from the civilian or military branch of
the Coast Guard assigned under the superintendence and direction of an
Officer in Charge, Marine Inspection, or any other person as may be
designated for the performance of duties with respect to the
inspections, enforcement, and administration of Subtitle II of Title
46, U.S. Code and regulations issued under these statutes.
347. Section 167.05-30 is revised to read as follows:
Sec. 167.05-30 Officer in Charge, Marine Inspection.
This term means any person from the civilian or military branch of
the Coast Guard designated as such by the Commandant and who, under the
superintendence and direction of the Coast Guard District Commander, is
in charge of an inspection zone for the performance of duties with
respect to the inspections, enforcement, and administration of Subtitle
II of Title 46, U.S. Code and regulations issued under these statutes.
348. Section 167.10-1 is revised to read as follows:
Sec. 167.10-1 Enforcement.
The Officer in Charge, Marine Inspection, is responsible for the
performance of duties within his jurisdiction with respect to
inspection of nautical school ships.
Sec. 167.25-20 [Removed]
349. Section 167.25-20 is removed.
350. In Sec. 167.45-60, paragraph (a) is revised to read as
follows:
Sec. 167.45-60 Emergency breathing apparatus and flame safety lamps.
* * * * *
(a) Two pressure-demand, open circuit, self-contained breathing
apparatus, approved by the Mine Safety and Health Administration (MSHA)
and by the National Institute for Occupational Safety and Health
(NIOSH) and having at a minimum a 30-minute air supply, a full
facepiece, and a spare charge for each. A self-contained compressed-air
breathing apparatus previously approved under part 160, subpart
160.011, of this chapter may continue in use as required equipment if
it was part of the vessel's equipment on November 23, 1992, and as long
as it is maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
* * * * *
Sec. 167.45-75 [Amended]
351. Section 167.45-75 is amended by removing the last two
sentences.
[[Page 58840]]
Sec. 167.65-45 [Amended]
352. In Sec. 167.65-45, paragraph (c) is amended by removing the
terms ``3d,'' and ``12th.''
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
353. The authority citation for Part 168 continues to read as
follows:
Authority: 46 U.S.C. 3306; 46 U.S.C. App. 1295g; 49 CFR 1.46.
Sec. 168.01-5 [Removed]
354. Section 168.01-5 is removed.
Sec. 168.01-10 [Removed]
355. Section 168.01-10 is removed.
PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS.
356. The authority section for part 170 continues to read as
follows:
Authority: 43 U.S.C. 1333, 46 U.S.C. 3306, 3703, 5115; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
357. In Sec. 170.075, paragraph (a) introductory text is revised to
read as follows:
Sec. 170.075 Plans.
(a) Except as provided in paragraph (b) of this section, each
applicant for an original certificate of inspection and approval of
plans must also submit three copies for plan review being conducted by
the Marine Safety Center or four copies for plan review being conducted
by the American Bureau of Shipping (ABS) of each of the following
plans:
* * * * *
358. Section 170.080 is revised to read as follows:
Sec. 170.080 Stability booklet.
Before issuing an original certificate of inspection, the following
number of copies of the stability booklet required by Sec. 170.110 must
be submitted for approval; three copies for plan review being conducted
by the Commanding Officer, Marine Safety Center or four copies for plan
review being conducted by the ABS.
359. Section 170.085 is revised to read as follows:
Sec. 170.085 Information required before a stability test.
If a stability test is to be performed, a stability test procedure
that contains the information prescribed in Sec. 170.185(g) must be
submitted to the Commanding Officer, Marine Safety Center or the ABS at
least two weeks before the test.
360. Section 170.093 is revised to read as follows:
Sec. 170.093 Specific approvals.
Certain rules in this subchapter require specific approval of
equipment or arrangements by the Commandant, Commanding Officer, Marine
Safety Center, or OCMI. These approval determinations will be made as
part of the plan review process. When plan review is conducted by the
ABS, ABS is authorized to make the approval.
Sec. 170.098 [Removed]
361. Section 170.098 is removed.
362. Section 170.100 is revised to read as follows:
Sec. 170.100 Addresses for submittal of plans and calculations.
The plans, information, and calculations required by this subpart
must be submitted to one of the following:
(a) The Marine Safety Officer, in the zone where the vessel is to
be built or altered.
(b) Commanding Officer, U.S. Coast Guard Marine Safety Center, 400
Seventh St., SW., Washington, DC 20590-0001.
(c) The American Bureau of Shipping (ABS), Two World Trade Center,
New York, NY 10048.
363. In Sec. 170.110, paragraph (b) is revised to read as follows:
Sec. 170.110 Stability booklet.
* * * * *
(b) Each stability booklet must be approved by the Commanding
Officer, Marine Safety Center or the ABS.
* * * * *
364. In Sec. 170.120, paragraph (a) is revised to read as follows:
Sec. 170.120 Stability letter.
(a) Except as provided in paragraph (b) of this section, each
vessel must have a stability letter issued by the Coast Guard or the
ABS before the vessel is placed into service. This letter sets forth
conditions of operation.
* * * * *
365. In Sec. 170.170, paragraphs (b) and (d) are revised to read as
follows:
Sec. 170.170 Calculations required.
* * * * *
(b) If approved by the Commanding Officer, Marine Safety Center or
the ABS, a larger value of T may be used for a vessel with a
discontinuous weather deck or abnormal sheer.
* * * * *
(d) The criterion specified in this section is generally limited in
application to flush deck, mechanically powered vessels of ordinary
proportions and form that carry cargo below the main deck. On other
types of vessels, the Commanding Officer, Marine Safety Center or the
ABS requires calculations in addition to those in paragraph (a) of this
section. On a mechanically powered vessel under 328 feet (100 meters)
in length, other than a tugboat or a towboat, the requirements in
Sec. 170.173 are applied.
366. In Sec. 170.173, paragraph (a) introductory text is revised to
read as follows:
Sec. 170.173 Criterion for vessels of unusual proportion and form.
(a) If required by the Commanding Officer, Marine Safety Center or
the ABS, each mechanically powered vessel less than 328 feet (100
meters) LLL, other than a tugboat or towboat, must be shown by design
calculations to comply with--
* * * * *
367. In Sec. 170.175, paragraphs (b), (c) and (d) are revised to
read as follows:
Sec. 170.175 Stability test: General.
* * * * *
(b) An authorized Coast Guard or ABS representative must be present
at each stability test conducted under this section.
(c) The stability test may be dispensed with, or a deadweight
survey may be substituted for the stability test, if the Coast Guard or
the ABS has a record of, or is provided with, the approved results of a
stability test of a sister vessel.
(d) The stability test of a vessel may be dispensed with if the
Coast Guard or the ABS determines that an accurate estimate of the
vessel's lightweight characteristics can be made and that locating the
precise position of the vessel's vertical center of gravity is not
necessary to insure that the vessel has adequate stability in all
probable loading conditions.
368. In Sec. 170.180, the introductory paragraph is revised to read
as follows:
Sec. 170.180 Plans and information required at the stability test.
The owner of a vessel must provide the following Coast Guard or ABS
approved plans and information to the authorized Coast Guard or ABS
representative at the time of the stability test:
* * * * *
369. In Sec. 170.185, paragraph (b) is revised to read as follows:
Sec. 170.185 Stability test preparations.
* * * * *
(b) Each tank vessel must be empty and dry, except that a tank may
be partially filled or full if the Commanding Officer, Marine Safety
[[Page 58841]]
Center or the ABS determines that empty and dry tanks are impracticable
and that the effect of filling or partial filling on the location of
the center of gravity and on the displacement can be accurately
determined.
* * * * *
370. Section 170.190 is revised to read as follows:
Sec. 170.190 Stability test procedure modifications.
The authorized Coast Guard or ABS representative present at a
stability test may allow a deviation from the requirements of
Secs. 170.180 and 170.185 if the representative determines that the
deviation would not decrease the accuracy of the test results.
Sec. 170.210 [Removed]
371. Section 170.210 is removed.
372. In Sec. 170.235, paragraph (b) is revised to read as follows:
Sec. 170.235 Fixed ballast.
* * * * *
(b) Fixed ballast may not be removed from a vessel or relocated
unless approved by the Commanding Officer, Marine Safety Center or the
ABS. However, ballast may be temporarily moved for vessel examination
or repair if done under the supervision of the OCMI.
PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES
373. The authority section for part 172 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
374. In Subpart B, Secs. 172.010 to 172.040 are added to read as
follows:
Subpart B--Bulk Grain
Sec. 172.010 Applicability
Sec. 172.015 Document of authorization
Sec. 172.020 Incorporation by reference
Sec. 172.030 Exemptions for certain vessels
Sec. 172.040 Certificate of loading
Sec. 172.010 Applicability.
This subpart applies to each vessel that loads grain in bulk,
except vessels engaged solely on voyages on rivers, lakes, bays, and
sounds or on voyages between Great Lake ports and St. Lawrence River
ports as far east as a straight line drawn from Cap de Rosiers to West
Point, Anticosti Island and as far east of a line drawn along the 63rd
meridian from Anticosti Island to the north shore of the St. Lawrence
River.
Sec. 172.015 Document of authorization.
(a) Except as specified in Sec. 172.030, each vessel that loads
grain in bulk must have a Document of Authorization issued in
accordance with one of the following:
(1) Section 3 of the International Code for the Safe Carriage of
Grain in Bulk if the Document of Authorization is issued on or after
January 1, 1994. As used in the Code, the term ``Administration'' means
``U.S. Coast Guard''.
(2) Regulation 10 Part (a) of the Annex to IMO Resolution
A.264(VIII) if the Document of Authorization was issued before January
1, 1994.
(b) The Commandant recognizes the National Cargo Bureau, Inc., 30
Vessey Street, New York, NY 10007-2914, for the purpose of issuing
Documents of Authorization in accordance with paragraph (a)(1) of this
section.
Sec. 172.020 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
under approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any addition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of change in the Federal Register; and the material must
be made available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard,
Naval Architecture Division, Office of Design and Engineering Standards
2100 Second Street, SW., Washington, DC 20593-0001, and is available
for the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London, England SE1 7SR.
Amendments to Chapter VI of the International Convention for the
Safety of Life at Sea, 1960, Resolution A.264(VIII).............172.015
Publication No. 240-E, International Code for the Safe Carriage
of Grain in Bulk................................................172.015
Sec. 172.030 Exemptions for certain vessels.
(a) Vessels are exempt from Sec. 172.015 on voyages between:
(1) United States ports along the East Coast as far south as Cape
Henry;
(2) Wilmington, NC and Miami, Fl;
(3) United States ports in the Gulf of Mexico;
(4) Puget Sound ports and Canadian west coast ports or Columbia
River ports, or both;
(5) San Francisco, Los Angeles, and San Diego, CA;
(b) Vessels exempt by paragraph (a) of this section must comply
with the following conditions:
(1) The master is satisfied that the longitudinal strength of his
vessel is not impaired.
(2) The master ascertains the weather to be encountered on the
voyage.
(3) Potential heeling moments are reduced to a minimum by carrying
as few slack holds as possible.
(4) Each slack surface must be leveled.
(5) The transverse metacentric height (GM), in meters, of the
vessel throughout the voyage, after correction for liquid free surface,
has been shown by stability calculations to be in excess of the
required GM (GMR), in meters.
(i) The GMR is the sum of the increments of GM (GMI) multiplied by
the correction factor, f and r.
where: r=(available freeboard) (beam) of the vessel and
f=1 if r is >0.268 or
f=(0.268 r) if r is <0.268.
(ii) The GMI for each compartment which has a slack surface of
grain, i.e., is not trimmed full, is calculated by the following
formula:
GMI=(B3 x L x 0.0661) (Disp. x SF)
where: B=breadth of slack grain surface (m)
L=Length of compartment (m)
Disp.=Displacement of vessel (tons)
SF=Stowage factor of grain in compartment (cubic meters/tons)
(c) Vessels which do not have the Document of Authorization
required by Sec. 172.015, may carry grain in bulk up to one third of
their deadweight tonnage provided the stability complies with the
requirements of Section 9 of the International Code for the Safe
Carriage of Grain in Bulk.
Sec. 172.040 Certificate of loading.
(a) Before it sails, each vessel that loads grain in bulk, except
vessels engaged solely on voyages on the Great Lakes, rivers, or lakes,
bays, and sounds, must have a certificate of loading issued by an
organization recognized by the Commandant for that purpose. The
certificate of loading may be accepted as prima facie evidence of
compliance with the regulations in this subpart.
(b) The commandant recognizes the National Cargo Bureau, Inc., 30
Vessey Street, New York, NY, 10007-2914, for the purpose of issuing
certificates of loading.
PART 188--GENERAL PROVISIONS
375. The authority citation for Part 188 continues to read as
follows:
[[Page 58842]]
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1908 Comp., p. 277; 49 CFR 1.46.
376. Section 188.01-1 is revised to read as follows:
Sec. 188.01-1 Purpose of regulations.
The purpose of the regulations in this subchapter is to set forth
uniform minimum requirements for oceanographic research vessels
designated in accordance with Sec. 3.10-1 of this title and subject to
Coast Guard inspection requirements. The regulations are necessary to
carry out the provisions of applicable laws governing inspection and
certification of oceanographic research vessels and have the force of
law.
Sec. 188.01-3 [Removed]
377. In Sec. 188.01-3, paragraph (b) is removed, and the paragraph
designation ``(a)'' is removed.
Sec. 188.01-5 [Removed]
378. Section 188.01-5 is removed.
Sec. 188.05-2 [Amended]
379. In Sec. 188.05-2, paragraph (a) is removed and paragraphs (b)
and (c) are redesignated paragraphs (a) and (b) respectively.
380. In Sec. 188.05-10, paragraph (b)(2) is revised to read as
follows:
Sec. 188.05-10 Application to vessels on an international voyage.
* * * * *
(b) * * *
(2) Is numbered in accordance with 46 U.S.C. Chapter 123.
* * * * *
Sec. 188.05-30 [Removed]
381. Section 188.05-30 is removed.
382. Section 188.10-13 is revised to read as follows:
Sec. 188.10-13 Coast Guard District Commander.
This term means an officer of the Coast Guard designated as such by
the Commandant to command all Coast Guard activities within his
district, which include the inspections, enforcement, and
administration of Subtitle II of Title 46, U.S. Code and regulations
issued under these statutes.
383. Section 188.10-45 is revised to read as follows:
Sec. 188.10-45 Marine inspector or inspector.
These terms mean any person from the civilian or military branch of
the Coast Guard assigned under the superintendence and direction of an
Officer in Charge, Marine Inspection, or any other person as may be
designated for the performance of duties with respect to the
inspections, enforcement, and administration of Subtitle II of Title
46, U.S. Code and regulations issued under these statutes.
384. Section 188.10-49 is revised to read as follows:
Sec. 188.10-49 Numbered vessel.
This term means a vessel which is numbered under the provisions of
46 U.S.C. Chapter 123.
385. Section 188.10-55 is revised to read as follows:
Sec. 188.10-55 Officer in Charge, Marine Inspection.
This term means any person from the civilian or military branch of
the Coast Guard designated as such by the Commandant and who, under the
superintendence and direction of the Coast Guard District Commander, is
in charge of an inspection zone for the performance of duties with
respect to the inspections, enforcement, and administration of Subtitle
II of Title 46, U.S. Code and regulations issued under these statutes.
386. Section 188.10-65 is revised to read as follows;
Sec. 188.10-65 Seagoing barge.
A seagoing barge is a nonself-propelled vessel of at least 100
gross tons making voyages beyond the Boundary Line (as defined in 46
CFR part 7).
PART 189--INSPECTION AND CERTIFICATION
387. The authority citation for Part 189 continues to read as
follows:
Authority: 33 U.S.C. 1321 (j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
388. In Sec. 189.35-9, paragraph (c)(2) is revised to read as
follows:
Sec. 189.35-9 Plans.
* * * * *
(c) * * *
(2) Other weight handling gear will be evaluated on the basis of
the standards of a recognized organization or association approved by
the Commandant in subchapter I (Cargo and Miscellaneous Vessels) of
this chapter.
* * * * *
389. In Sec. 189.40-1, paragraphs (a) and (c) are revised to read
as follows:
Sec. 189.40-1 Definitions relating to hull examinations.
* * * * *
(a) Drydock examination means hauling out a vessel or placing a
vessel in a drydock or slipway for an examination of all accessible
parts of the vessel's underwater body and all through-hull fittings.
* * * * *
(c) Underwater survey means the examination, while the vessel is
afloat of all accessible parts of the vessel's underwater body and all
through-hull fittings.
390. In Sec. 189.40-3, the heading and paragraphs (d)(4), (d)(5),
(e) introductory text, and (e)(1) are revised to read as follows:
Sec. 189.40-3 Drydock examination, internal structural examination,
cargo tank internal examination, and underwater survey intervals.
* * * * *
(d) * * *
(4) The means that will be provided for examining through-hull
fittings.
(5) The means that will be provided for taking shaft bearing
clearances.
* * * * *
(e) Vessels otherwise qualifying under paragraph (d) of this
section, that are 15 years of age or older may be considered for
continued participation in or entry into the underwater survey program
on a case-by-case basis if--
(1) Before the vessel's next scheduled drydocking, the owner or
operator submits a request for participation or continued participation
to Commandant (G-MOC);
* * * * *
PART 193--FIRE PROTECTION EQUIPMENT
391. The authority citation for Part 193 continues to read as
follows:
Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
392. In Sec. 193.01-3, paragraph (b) is amended by adding in
alphabetical order of the organizations referenced the following
standard:
Sec. 193.01-3 Incorporation by reference.
* * * * *
(b) * * *
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269-9101.
NFPA 13-1996, Standard for the
Installation of Sprinkler
Systems.......................................................193.30
393. In Sec. 193.10-5, paragraph (f) is revised to read as follows:
Sec. 193.10-5 Fire pumps.
* * * * *
(f) Fire pumps may be used for other purposes provided at least one
of the required pumps is kept available for use on the fire system at
all times. In no case
[[Page 58843]]
shall a pump having connection to an oil line be used as a fire pump.
Branch lines connected to the fire main for purposes other than fire
and deck wash shall be so arranged that adequate water can be made
continuously available for firefighting purposes.
* * * * *
Subpart 193.30--[Added]
394. Subpart 193.30 is added to read as follows:
Subpart 193.30--Automatic Sprinkler Systems
Sec. 193.30-1 Application.
Automatic sprinkling systems shall comply with NFPA 13-1996.
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
395. The authority citation for Part 195 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 195.30-90 [Amended]
396. In Sec. 195.30-90, paragraph (c) is amended by removing the
terms ``After November 23, 1994,'' and capitalizing the ``e'' in the
term ``each''.
Sec. 195.35-90 [Amended]
397. In Sec. 195.35-90, paragraph (c) is amended by removing the
terms ``After November 23, 1994,'' and capitalizing the ``e'' in the
term ``each''.
PART 196--OPERATIONS
398. The authority citation for Part 196 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 5115, 6101;
E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 196.05-1 [Amended]
399. In Sec. 196.05-1, paragraph (c) is amended by removing the
terms ``3d,'' and ``12th.''
400. Section 196.53-1 is revised to read as follows:
Sec. 196.53-1 Licensed officers.
All licensed officers on a vessel shall have their licenses
conspicuously displayed.
PART 197--GENERAL PROVISIONS
401. The authority citation for Part 197 continues to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703,
6101; 49 CFR 1.46.
402. Section 197.462 is revised to read as follows:
Sec. 197.462 Pressure vessels and pressure piping.
(a) The diving supervisor shall insure that each pressure vessel,
including each volume tank, cylinder and PVHO, and each pressure piping
system is examined and tested as required by this section and after any
repair, modification or alteration to determine that they are in
satisfactory condition and fit for the service intended.
(b) Pressure vessels and pressure piping shall be examined annually
for mechanical damage or deterioration. Any defect that may impair the
safety of the pressure vessel or piping shall be repaired and pressure
tested to the satisfaction of the Officer in Charge, Marine Inspection.
(c) The following tests shall be conducted at least every three
years:
(1) All piping permanently installed on a PVHO shall be pressure
tested.
(2) PVHOs subject to internal pressure shall be leak tested at the
maximum allowable working pressure using the breathing mixture normally
used in service.
(3) Equivalent nondestructive testing may be conducted in lieu of
pressure testing. Proposals to use nondestructive testing in lieu of
pressure testing shall be submitted to the Officer in Charge, Marine
Inspection.
(d) Unless otherwise noted, pressure tests conducted in accordance
with this section shall be either hydrostatic tests or pneumatic tests.
(1) When a hydrostatic test is conducted on a pressure vessel, the
test pressure shall be no less than 1.25 times the maximum allowable
working pressure.
(2) When a pneumatic test is conducted on a pressure vessel, the
test pressure shall be the maximum allowable working pressure stamped
on the nameplate.
(3) When a pneumatic test is conducted on piping, the test pressure
shall be no less than 90 percent of the setting of the relief device.
(4) Pressure tests shall be conducted only after suitable
precautions are taken to protect personnel and equipment.
(5) When pressure tests are conducted on pressure vessels or
pressure piping, the test pressure shall be maintained for a period of
time sufficient to allow examination of all joints, connections and
high stress areas.
403. In Sec. 197.480, paragraphs (a) and (b) are revised to read as
follows:
Sec. 197.480 Logbooks.
(a) The person-in-charge of a vessel or facility required by 46
U.S.C. 11301 to have an official logbook shall maintain the logbook on
form CG-706.
(b) The person-in-charge of a vessel or facility not required by 46
U.S.C. 11301 to have an official logbook, shall maintain, on board, a
logbook for making the entries required by this subpart.
* * * * *
404. In Sec. 197.540, paragraph (b) is revised to read as follows:
Sec. 197.540 Determination of personal exposure.
* * * * *
(b) Initial exposure monitoring. When benzene is first loaded as a
cargo on board a vessel, an initial monitoring of each type of
operation must be conducted to determine accurately the representative
personal exposure of persons involved in the operation.
* * * * *
Dated: October 16, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-28407 Filed 11-18-96; 8:45 am]
BILLING CODE 4910-14-P