[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51188-51221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25572]



[[Page 51187]]

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Part II





Department of Transportation





_______________________________________________________________________



Coast Guard



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33 CFR Parts 155 and 159



46 CFR Part 2, et al.



Harmonization With International Safety Standards; Final Rule

  Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / 
Rules and Regulations  

[[Page 51188]]


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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, 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: Final rule.

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SUMMARY: As part of its ongoing response to the President's Regulatory 
Reinvention Initiative, the Coast Guard amends its regulations for both 
inspected and uninspected vessels by removing obsolete, unnecessary or 
excessive provisions, and harmonizing regulations with international 
safety standards. 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: This rule is effective October 30, 1997. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on October 30, 1997.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Executive Secretary, Marine 
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second 
Street SW., room 3406, Washington, DC 20593-0001, between 9:30 a.m. and 
2 p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Lundy, project manager, 
Office of Design and Engineering Standards (G-MSE), U.S. Coast Guard, 
2100 Second Street, SW., Washington, DC 20593-0001, telephone 202-267-
0024.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 19, 1996, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Harmonization with International 
Safety Standards in the Federal Register (61 FR 58804). The Coast Guard 
received 12 letters commenting on the proposed rulemaking. No public 
hearing was requested, and none was held.

Background and Purpose

    This rule was 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 American flag, while 
also ensuring maritime safety and the protection of the marine 
environment. 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 CGRR initiative, the Coast Guard 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 substantial changes, removed or 
amended unnecessary provisions, and adopted appropriate industry 
standards and practices in place of Coast Guard specific requirements.
    This rulemaking, the third project, continued the Coast Guard's 
effort to reform its regulations. These changes removed superfluous and 
outdated requirements and aligned the regulations more closely with 
international standards.

Discussion of Comments and Changes

    Comments were received which recommended the adoption of class 
rules as a means of compliance with certain sections and subparts. 
These comments focused on areas not covered in this rulemaking. On 
December 27, 1996, the Coast Guard published, in the Federal Register 
(61 FR 68510), an interim rule entitled, Alternative Compliance via 
Recognized Classification Society and U.S. Supplement to Rules (CGD 95-
010). The Alternative Compliance Program (ACP) allows for the 
inspection of a vessel by a recognized classification society that has 
been authorized to participate in the ACP. The American Bureau of 
Shipping (ABS) is currently the only recognized classification society 
authorized to participate in the ACP.
    Under the ACP, vessels receive Coast Guard certification based on 
compliance with classification society rules, international 
conventions, and the U.S. Supplement which represents Coast Guard 
requirements not embodied by either classification society rules or 
international conventions. All requirements of the interim rule, which 
became effective July 31, 1997, reduce the burden on the vessel owner 
by requiring compliance with only those Coast Guard regulations which 
are not embodied by either classification society rules or 
international conventions.
    The Coast Guard, in its continuing effort to harmonize its 
regulations with industry and international standards, is evaluating 
the issues raised by these comments, which are outside the scope of 
this rulemaking, and will take appropriate future action based on its 
review. However, in the interim, vessels owners can receive the benefit 
of inspection in accordance with ABS classification rules and 
international standards by choosing to participate in the ACP.

[[Page 51189]]

    Comments to 46 CFR parts 50-59, concerning marine engineering, 
which were outside the scope of this rulemaking, recommended allowing 
rules or surveys from the ABS or another recognized classification 
society. The ACP program allows for rules or surveys from a recognized 
class society for 46 CFR parts 50-59. No changes were made to the 
regulatory text.
    One comment to 46 CFR subpart 91.01, concerning inspection and 
certification, indicated an inability to obtain early commencement of a 
biennial inspection in a particular Officer in Charge, Marine 
Inspection (OCMI) office, or the continuation of the inspection by 
another OCMI office. Inspection for certification may be requested at 
any time during the period of validity of the current certificate. 
Further, the ACP allows a vessel the opportunity to obtain an 
abbreviated annual exam which is capable of being conducted at one port 
call, by one OCMI. No changes were made to the regulatory text.
    One comment to 46 CFR 91.40, concerning drydocking, recommended 
that regulations be revised to conform with recognized classification 
society rules. A regulatory change is not needed because drydocking 
intervals remain twice in a five year period, and not more than three 
years between each exam whether or not the vessel is enrolled in the 
ACP. Drydocking/Internal Structural Exam (ISEs) intervals may be 
extended 90 days by an ACP classification society for ships enrolled in 
the ACP. Additionally, the ACP allows the recognized classification 
society to make recommendations to Commandant (G-MOC) on Underwater 
Inspection in Lieu of Dry-docking (UWILDs), even for vessels over 15 
years old. No changes were made to the regulatory text.
    One comment to 46 CFR part 94, concerning lifesaving equipment, 
recommended allowing ABS or other approved classification society rules 
for approval. 46 CFR part 94 was removed by the interim rule concerning 
Lifesaving Equipment (84-069), published in the Federal Register on May 
20, 1996 (61 FR 25272). Because there are no classification society 
rules for this equipment, the ACP is not applicable.
    One comment to 46 CFR 91.27, concerning reinspection, recommended 
that the Coast Guard initiate a program of mid-period self-inspection 
which rewards companies that take a pro-active approach to regulatory 
compliance and vessel safety in general. There is a proposal for a 
Streamlined Inspection Program (CGD 96-055) for which an NPRM was 
published on April 8, 1997 (62 FR 17022). No changes were made to this 
section.
    One comment to 46 CFR 98.30, concerning portable tanks, recommended 
that these regulations be revised for ocean going vessels with the 
``incorporation by reference'' of the International Maritime Dangerous 
Goods (IMDG) Code requirements for carriage of hazardous liquids or 
materials in portable tanks. These regulations, among other things, 
concern the transfer of certain hazardous materials to or from portable 
tanks. The IMDG Code has provisions for the design and carriage of 
portable tanks, but does not have equivalent provisions governing the 
transfer of certain hazardous materials to or from portable tanks, and 
assumes that no transfer of cargo occurs on board vessel. Consequently, 
the proposed incorporation by reference is not appropriate. However, 
the acceptability of International Maritime Organization (IMO) type 
portable tanks and other bulk packagings, specified by the IMDG Code, 
are being reviewed and the Coast Guard may take future action based on 
its review.
    One comment recommended that 46 CFR 50.05-5(c) be revised to permit 
replacement of existing boiler equipment and piping systems with 
similar equipment. The Coast Guard has generally accepted replacement 
in kind for general repairs and maintenance work. This section 
addresses reboilering. Reboilering is not considered as a repair. 
Reboilering constitutes a major replacement equivalent to installing a 
new boiler. This section recognizes the extreme hazards of high 
pressure steam and the necessity for proper boiler piping. Failure of 
boiler piping means immediate release of steam. The requirement to use 
more modern materials, welding techniques/requirements is in keeping 
with industry standards and is consistent with classification society 
rules. No changes were made to this section.
    One comment to 46 CFR 61.05-15, concerning boiler mountings and 
attachments, recommended that regulations be revised to clearly state 
that boiler mountings and studs do not have to be removed when an 
external examination is possible. No revision to this section is 
necessary because the section is clear that the mountings and studs are 
not required to be removed, but allows the inspector the option to have 
them removed if the inspector believes removal is needed during the 
course of the inspection.
    One comment to the proposed 46 CFR 56.20-15(b) stated that this 
paragraph was confusing as to whether or not it pertained to all valves 
or just valves employing resiliently seated material. It is not the 
Coast Guard's intention to restrict the use of valves with metal to 
metal seats. This paragraph is meant to pertain only to valves 
employing resiliently seated material, and the Coast Guard has revised 
this section to clarify that those valves which employ resilient seats 
are divided into the three listed categories.
    One comment recommended that the proposed 46 CFR 56.50-103, 
concerning fixed oxygen-acetylene piping systems, be revised to include 
copper alloys containing less that 65% copper for certain components in 
acetylene distribution systems. This recommendation is consistent with 
industry practice. The Coast Guard agrees, and a new paragraph (c) 
allows for this industry practice. Further, this section has been 
reorganized from the presentation in the NPRM in order to be more 
clearly understood. Old paragraph (f) in the NPRM, which required all 
fittings to be welded, has been re-written as a new paragraph (g) which 
requires all fittings on the low pressure side of the regulator to be 
welded. This change recognizes that the regulator will be physically 
located next to the pressure vessel and that all piping will be 
downstream of the regulator.
    Three comments were received opposing proposed modifications to 46 
CFR 34.20-5 to harmonize deck foam regulations with the applicable 
International Convention for the Safety of Life at Sea (SOLAS) 
provisions. One comment mentioned an incident in which a tanker, which 
did not have USCG-approved foam fire fighting system, was severely 
damaged and sank. There is no indication, however, as to whether the 
vessel's foam system met the SOLAS arrangement and application rates or 
that some other system would have been effective. Additionally, there 
has been no casualty data to suggest that the current SOLAS provisions 
are inadequate. Current Coast Guard regulations require a slightly 
greater minimum foam application rate for tanker deck foam systems than 
SOLAS requirements, based on total cargo area. Therefore, consistent 
with the Coast Guard's intention to harmonize its regulations with 
international safety standards, this section is harmonized with the 
applicable SOLAS foam application rates. No changes were made to this 
proposed section. Currently, the Coast Guard is working with the 
National Fire Protection Association to develop a new industry

[[Page 51190]]

standard. It is the Coast Guard's intention that this new standard will 
be taken to the IMO.
    One comment suggested that the Coast Guard should fully articulate 
the preemptive effect of its regulations. In Ray v. ARCO, 435 U.S. 151 
(1978), the Supreme Court recognized that design, construction, 
equipment, and manning standards are matters of national attention, and 
recognized a decided congressional preference for arriving at 
international standards for building vessels. Consistent with Ray v. 
ARCO, it is the Coast Guard's position that vessel design, 
construction, equipment, and manning standards fall within the 
exclusive province of the Federal Government.
    This rulemaking concerned the removal of obsolete, unnecessary or 
excessive provisions; and harmonizing regulations with international 
standards. To the extent this rulemaking revised regulations to 
incorporate national industry and international standards, these 
revised regulations concerned subject matter that, as determined under 
Ray v. ARCO, are within the exclusive province of the Federal 
Government. The ability of the states to regulate in these areas was 
preempted when the regulations were initially promulgated. The revision 
of these regulations does not alter their preemptive effect.
    One comment suggested that the Coast Guard extend the opportunity 
to participate in the UWILD program to passenger vessels operating 
exclusively in fresh water that have not had a grounding since their 
last drydock. The ability of these vessels to participate in the UWILD 
program is being reviewed. The Coast Guard may take further action 
based on its review.
    One comment requested that the Coast Guard justify the option of 
allowing tank vessels to comply with SOLAS vent height and distance 
requirements, which reduces the height from 4 meters to 2 meters. By 
permitting the option of SOLAS vent height requirements, the Coast 
Guard reduced the allowable height of vents from the 4 meters, required 
in 46 CFR 32.55-20, to 2 meters only when high velocity vents are used. 
The Coast Guard finds that allowing such a reduction will not degrade 
safety. The Coast Guard has accepted chemical carriers certified under 
international rules which permit similar reductions in vent height 
requirements when high velocity vents are used, and there has not been 
a reduction in safety. No changes were made to the proposed regulatory 
text.
    One comment recommended retaining the provision in 46 CFR 32.57-
10(d)(4) for kickout panels because of a concern that fire doors could 
warp and trap occupants. The Coast Guard is not aware of a casualty 
history of doors warping in a fire and trapping occupants. 
Additionally, section 32.02-1 requires two means of escape from all 
passageways leading to living quarters, and places where a crew member 
may be employed, so that in the event that one means of escape became 
unusable, a second means of escape would be available. The proposed 
change only removed the requirement for a kickout panel; vessel owners 
may install them if they so desire. No changes were made to this 
proposed section.
    One comment questioned the ability to use the fire control symbols 
contained within ASTM Adjunct F 1626, as the American Society for 
Testing and Materials (ASTM) publication is copyright protected. ASTM 
was contacted and the copyright protects against the unauthorized 
copying of the ASTM publication rather than the use of the symbols to 
identify the details of a fire control plan.
    One comment stated that there is an IMO standard set of symbols 
which should be utilized instead of the ASTM standard to implement 
uniform symbols for fire control plans. ASTM Adjunct F 1626 adopts the 
symbols contained in IMO Assembly resolution A.654(16). The Coast Guard 
agrees that the IMO resolution should also be incorporated, and has 
revised the incorporation sections accordingly.
    Two comments concerned the application date and use of the ASTM 
Adjunct F 1626 standardized symbols for fire control plans. The use of 
the standard symbols applies to new construction and existing vessels 
which have the master plan redrawn. Editorial revisions to regulatory 
text have been made to clarify the application of ASTM Adjunct F 1626. 
The comments also recommended a change to the material incorporated by 
reference. ASTM Adjunct F 1626 contains the symbols, and the 
incorporation by reference has been changed to reflect the correct 
cite.
    One comment objected to the removal of sentinel valves. The Coast 
Guard recognizes that boilers on older vessels require sentinel valves. 
Technology, however, has rendered the use of sentinel valves on new 
boilers obsolete. Recognizing that removal of Sec. 56.50-30(b)(6) would 
eliminate the requirement for sentinel valves for older boiler systems, 
this paragraph has been redrafted. Sentinel valves will not be required 
for new construction, or for existing vessels which have shown to the 
satisfaction of the cognizant OCMI, or the Coast Guard Marine Safety 
Center, that a sentinel valve is not necessary.
    One comment expressed concern over the Coast Guard's proposal to 
remove the requirements for Coast Guard inspectors to set and seal 
boiler safety valves. The Coast Guard disagrees. With present day 
boiler automation and built in safety factors, the Coast Guard has not 
experienced a problem of tampering with safety valves. Based upon the 
lack of a tampering problem, as well as the reliability of current 
steam propulsion systems, the Coast Guard has determined the sealing of 
boiler safety valves to be of little value. Therefore, Sec. 35.25-15 
will be removed as originally proposed.
    One comment suggested that the Coast Guard extend the interval for 
inspection of sea valves to every 10 years for those vessels operating 
in freshwater. The Coast Guard disagrees. Sea valves are subject to 
mechanical damage. An extension of the interval means, that, during a 
20 year period, sea valves would only be opened once at the midpoint. 
If additional data supports that valves can last 10 years in freshwater 
with no operational difficulties, the Coast Guard will reconsider 
revising this requirement.
    One comment noted that an applicability date should be specified in 
46 CFR 63.25-9 for incinerators to meet the requirements of IMO 
resolution MEPC.59(33). The Coast Guard agrees and the regulatory text 
is changed.
    Two comments were received on the proposal to replace current Coast 
Guard regulations concerning design of automatic sprinkler systems by 
incorporating National Fire Protection Association Standard No. 13 by 
reference. One comment supported this proposal, and one comment voiced 
concern with the Coast Guard's policy of incorporating industry 
standards by reference. The Coast Guard's incorporation of industry 
standards directly supports the President's goals on revitalizing the 
American shipping industry and the Regulatory Reinvention Initiative. 
Benefits include increased input from subject matter experts into Coast 
Guard regulations, greater industry access into development of 
regulations, and regular updating of standards which facilitates 
regulations keeping pace with technology. Although there is an added 
responsibility for members of industry to stay abreast of changes to 
standards which are referenced in the Code of Federal Regulations 
(CFR), the Coast Guard finds that the benefits far outweigh the 
disadvantages. No changes were made to this section.

[[Page 51191]]

    One comment opposed the proposed replacement of prescriptive 
requirements for fire hose coupling threads with a performance 
requirement that a uniform hose coupling be provided for each hose 
diameter throughout the vessel. The comment further stated that the 
basis of the comment was a concern that a vessel owner or operator 
could purchase fire hose or nozzles with the wrong thread style, and 
not realize the discrepancy until after the vessel has left port. 
Current Coast Guard regulations which require a minimum of one fire 
hose per hydrant, and that a fire hose be connected to hydrants at all 
times mitigate concerns about incompatibility of fire fighting 
equipment. However, these sections have been revised to their original 
text, with a new option added to indicate that couplings other than 
National Standard couplings may be used if all of the couplings are 
identical. Additionally, the Coast Guard will revise its inspection 
guidance to advise vessel inspectors to check compatibility of fire 
fighting equipment.
    Another comment noted that the Coast Guard has proposed removing 
prescriptive requirements for hose coupling threads from 46 CFR 34.10-
10, 76.10-10, and 95.10-10, but a similar proposal was not made with 
respect to 46 CFR 108.425(b). The Coast Guard agrees and the revision 
has been added to Sec. 108.425(b).
    There was an error in the proposed rule text for 46 CFR 164.013-6. 
In the last sentence of ``Production tests, inspections, and marking,'' 
it directed manufacturers to provide markings in accordance with the 
requirements in 46 CFR 164.023-15. The correct cite for markings is 46 
CFR 164.013-7. However, because the sentence was extraneous, it was 
deleted.
    One comment suggested that the Coast Guard add the American Bureau 
of Shipping's (ABS) Houston address to 46 CFR 170.100 under addresses 
for submittal of plans and calculations. The Coast Guard agrees and the 
regulations are revised.
    One comment suggested that that 46 CFR 170.110(b), which directs 
stability booklets to be approved by the Coast Guard Marine Safety 
Center or the ABS, be removed because it is redundant with 
Sec. 170.085. The Coast Guard disagrees. Section 170.085 refers to 
stability test plans which is separate from approval of stability 
booklets, thus there is no redundancy. No changes were made to this 
section.
    The NPRM proposed removal or revision of several sections which 
were or are being addressed by other rulemakings. These sections will 
not be addressed by this rulemaking. The sections and corresponding 
dockets are: 46 CFR 16.207(b) is being addressed in CGD 95-011, 
Programs for Chemical Drug and Alcohol Testing of Commercial Vessel 
Personnel for which an interim rule was published on December 18, 1996 
(61 FR 66612); 46 CFR 2.50 and subpart 26.10 were addressed in the 
final rule for CGD 96-052, Civil Monetary Penalties Inflation 
Adjustment, published April 8, 1997 (62 FR 16695); 46 CFR 2.75-19 and 
2.75-50 were addressed in the final rule for CGD 93-055, Approval of 
Inflatable Personnel Flotation Devices for Recreational Boaters, 
published March 28, 1996 (61 FR 13920); 46 CFR 28.12 was addressed in 
the interim rule for CGD 90-046, Commercial Fishing Industry Vessel 
Regulations, published November 5, 1996 (61 FR 57268); and 46 CFR 
159.007 was addressed in the final rule for CGD 85-205, Inflatable 
Personnel Flotation Devices, published May 9, 1997 (62 FR 25525).
    In addition to the above changes, minor editorial revisions have 
been made to clarify the regulatory text. The Coast Guard is also 
removing the incorporation by reference contained in 46 CFR 159.2 which 
was inadvertently added to the NPRM. The revision to 46 CFR 160.035-3 
was set out in full for clarity. 46 CFR 160.050-5 was revised for 
clarity by adding the requirements of the footnote to a new paragraph 
(b)(1)(iv) and by deleting paragraph (g)(4).

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
33 CFR 155.140, 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 for incorporation by reference under 5 U.S.C. 552 and 1 CFR 
part 51. Copies of the material are available from the sources listed 
in those sections.

Regulatory Evaluation

    This rule 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, l979).
    The economic impact of this rule is so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. This regulation removes obsolete, 
unnecessary or excessive provisions, and harmonizes existing 
regulations with current international and national safety standards, 
which have already been adopted as industry practices, therefore, the 
economic impact of this regulation is minimal.
    Vessel owners or operators are not required to purchase the 
international and national standards incorporated by reference in this 
final rule. If purchased, the total one-time cost of all the reference 
materials included in this rule 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 choose 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 to install emergency towing equipment on 
either the bow or stern by 1997. This rule makes 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 rule 
affects 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 part 155 for existing oil 
tankships until 1999. This rule changes the existing 33 CFR part 155 
implementation date of 1997 to 1999 for all tankships including those 
ships that may require an additional towing arrangement installation. 
This 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, harmonizing Coast Guard regulations to international 
and national standards will benefit the maritime industry by 
simplifying the requirements to which their vessels are subject.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities.

[[Page 51192]]

``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    This 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 rule, they are available in the public forum at no 
cost or can be purchased at minimal cost. In addition, the 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.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offered to assist small entities in understanding the rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. Assistance with provisions of this final rule can 
be obtained by contacting Commandant (G-MSE), Office of Design and 
Engineering Standards, 2100 Second Street, SW., Washington, DC 20593-
0001, telephone 202-267-2967.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. This rule concerns the ``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 the above 
instruction. 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, Seamen.

46 CFR 15

    Reporting and recordkeeping requirements, Seamen, 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, Seamen.

46 CFR 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR 32

    Cargo vessels, Fire prevention, Marine safety, Navigation (water), 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

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, Seamen.

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.

[[Page 51193]]

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 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.

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 amends 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, 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); 46 U.S.C. 3715; sec. 2, E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

[[Page 51194]]

    Secs. 155.100-155.130, 155.350-155.400, 155.430, 155.440, 
155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33 
U.S.C. 1903(b); and Secs. 155.1110-155.1150 also issued under 33 
U.S.C. 2735.

    Note: Additional requirements for vessels carrying oil or 
hazardous materials are contained in 46 CFR parts 30 through 36, 
150, 151, and 153.

    2. In Sec. 155.140(b), add, in alphabetical order to the 
organizations referenced, the following standards:


Sec. 155.140  Incorporation by reference.

* * * * *
    (b) * * *

International Maritime Organization (IMO)

* * * * *
    Resolution MSC.35(63), Adoption of Guidelines for Emergency Towing 
Arrangement on Tankers, May 20, 1994--155.235
* * * * *
    3. Revise Sec. 155.235 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 September 30, 1997. For oil tankers constructed 
before September 30, 1997, such an arrangement shall be fitted at the 
first scheduled dry-docking, but not later than January 1, 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).

    5. In Sec. 159.3, add the definition, in alphabetical order, to 
read as follows:


Sec. 159.3  Definitions.

* * * * *
    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.
* * * * *
    6. Revise Sec. 159.5 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) An operable Type I device that has a label on it under 
Sec. 159.16 or that is certified under Sec. 159.12, if the vessel is 
19.7 meters (65 feet) or less in length.


Sec. 159.7  [Amended]

    7. In Sec. 159.7, remove the note and revise the section 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; or
    (2) An operable Type I device that has a label on it under 
Sec. 159.16 or that is certified under Sec. 159.12, if the vessel is 
19.7 meters (65 feet) or less in length.
    (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
    (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.
    8. Revise Sec. 159.201 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).


Sec. 159.205  [Removed]

    9. Remove Sec. 159.205.

46 CFR

PART 2--VESSEL INSPECTIONS

    10. 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; 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).

    11. In Sec. 2.01-1, revise paragraphs (a)(1) and (d)(2) 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. Code, Title 46 and 
Title 33 U.S. Code, 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) 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 U.S. Customs Service, such vessels 
will not be inspected and certificated unless specifically authorized 
by law to engage in the coastwise trade.
    12. In Sec. 2.01-10, revise the first sentence of paragraph (b) 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. Code, Title 46 and Title 33 U.S. Code. * * *
* * * * *

[[Page 51195]]

    13. Revise Sec. 2.01-20 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.
    14. Revise Sec. 2.01-40(a) 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 
the crew on other voyages.
* * * * *
    15. Revise Sec. 2.01-45(a) 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.
* * * * *
    16. Revise Sec. 2.01-50(a) 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]

    17. Remove subpart 2.45, consisting of Secs. 2.45-1 through 2.45-
20.
    18. Revise Sec. 2.85-1 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

    19. 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]

    20. In Sec. 3.01-1, remove the words ``46 U.S.C. 441'' and add, in 
their place, the words ``46 U.S.C. 2101 (18)''.


Sec. 3.01-3  [Removed]

    21. Remove Sec. 3.01-3.


Sec. 3.03-1  [Amended]

    22. In Sec. 3.03-1, remove the words ``46 U.S.C. 441'' and add, in 
their place, the words ``46 U.S.C. 2101(18)''.


Sec. 3.10-1  [Amended]

    23. In Sec. 3.10-1(a), remove the words ``under the provisions of 
46 U.S.C. 441''.

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

    24. 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 subpart 
4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.

    25. Add Sec. 4.01-3(d) 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.
    26. Revise Sec. 4.03-40 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, except a vessel owned 
or operated by the Department of Transportation or any corporation 
organized or controlled by the Department (except a vessel operated by 
the Coast Guard or Saint Lawrence Seaway Development Corporation); and
    (b) Is not engaged in commercial service.


Sec. 4.40-3  [Amended]

    27. In Sec. 4.40-3(b), remove the words ``R.S. 4450 (46 U.S.C. 
239)'' and add, in their place, the words ``46 U.S.C. Chapter 63''.
    28. Revise Sec. 4.40-5(a) 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]

    29. In Sec. 4.40-30(f), remove the words ``R.S. 4450 (46 U.S.C. 
239)'' and add, in their place, the words ``46 U.S.C. Chapter 63''.

PART 6--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND 
REGULATIONS

    30. 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]

    31. In Sec. 6.07(a), remove the words ``subsection (h) of R.S. 
4551, as amended (46 U.S.C. 643)'' and add, in their place, the words 
``46 U.S.C. 10311 (c)'' and, in paragraph (b), remove the words ``R.S. 
4551(h), as amended (46 U.S.C. 643)'' and add, in their place, the 
words ``46 U.S.C. 10311 (c)''.


Sec. 6.15  [Removed]

    32. Remove Sec. 6.15.

PART 7--BOUNDARY LINES

    33. 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]

    34. In Sec. 7.1, remove the words ``46 U.S.C. 88, the Coastwise 
Loadline Act;'' and add, in their place, the words ``46 U.S.C. 
5102(b)(6), which exempts from load line requirements certain vessels 
on domestic voyages;''.

PART 10--LICENSING OF MARITIME PERSONNEL

    35. The authority citation for part 10 continues to read as 
follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. 
Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec. 
10.107 also issued under the authority of 44 U.S.C. 3507.


Sec. 10.202  [Amended]

    36. In Sec. 10.202(e), remove the last sentence.


Sec. 10.470  [Amended]

    37. In Sec. 10.470, in paragraphs (b)(2)(ii), (d)(2)(ii), 
(f)(2)(ii), (h)(2)(i), and (j)(2)(ii), remove the last two sentences.


Sec. 10.472  [Amended]

    38. In Sec. 10.472(a)(2)(ii), remove the last two sentences.

[[Page 51196]]

Sec. 10.474  [Amended]

    39. In Sec. 10.474(a)(2)(ii), remove the last two sentences.

PART 12--CERTIFICATION OF SEAMEN

    40. The authority citation for part 12 continues to read as 
follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 
7302, 7503, 7505, 7701; 49 CFR 1.46.


Sec. 12.01-5  [Removed]

    41. Remove Sec. 12.01-5.


Sec. 12.02-19  [Amended]

    42. In Sec. 12.02-19, remove the words ``R.S. 4450, as amended (46 
U.S.C. 239)'' and add, in their place, the words ``46 U.S.C. Chapter 
77''.

Subpart 12.07--[Removed]

    43. Remove subpart 12.07 consisting of Secs. 12.07-1 through 12.07-
20.


Sec. 12.15-13  [Amended]

    44. In Sec. 12.15-13, remove paragraph (a)(1) and redesignate 
paragraphs (a)(2) through (a)(4) as paragraphs (a)(1) through (a)(3), 
respectively.


Sec. 12.15-15  [Amended]

    45. In Sec. 12.15-15, remove paragraph (a)(1) and redesignate 
paragraphs (a)(2) through (a)(4) as paragraphs (a)(1) through (a)(3), 
respectively.

Subpart 12.17--[Removed]

    46. Remove subpart 12.17 consisting of Secs. 12.17-1 through 12.17-
20.
    47. Revise Sec. 12.25-1 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]

    48. In Sec. 12.25-35(b), remove the words ``under the provisions of 
title 53 of the Revised Statutes and the regulations in this 
subchapter''.

PART 15--MANNING REQUIREMENTS

    49. The authority citation for part 15 continues to read as 
follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 9102; 49 CFR 1.45 and 1.46.


Sec. 15.815  [Amended]

    50. In Sec. 15.815(c), remove the words ``On or after June 1, 
1995,'' and capitalize the ``e'' in the word ``each''.

PART 16--CHEMICAL TESTING

    51. 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.


Sec. 16.205  [Amended]

    52. In Sec. 16.205, remove paragraphs (a) through (e); and 
redesignate paragraphs (f) and (g) as paragraphs (a) and (b), 
respectively.

PART 24--GENERAL PROVISIONS

    53. 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.

    54. In subpart 24.01, revise the title to read as follows:

Subpart 24.01--Purpose

    55. Revise Sec. 24.01-1 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 sail carrying passengers 
for hire, and barges carrying passengers for hire.


Sec. 24.01-5  [Removed]

    56. Remove Sec. 24.01-5.


Sec. 24.10-9  [Amended]

    57. In Sec. 24.10-9, remove the words ``title 52, Revised Statutes, 
and acts amendatory thereof or supplemental thereto, and rules and 
regulations thereunder'' and add, in their place, the words ``Subtitle 
II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes''.


Sec. 24.10-15  [Amended]

    58. In Sec. 24.10-15, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes''.


Sec. 24.10-17  [Amended]

    59. In Sec. 24.10-17(a), remove the words ``, 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]

    60. In Sec. 24.10-21, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes''.


Sec. 24.15-5  [Amended]

    61. In Sec. 24.15-5, remove the paragraph designation (a) and 
remove the words ``the Motor Boat Act of 1940 (46 U.S.C. 526-526u) and 
the regulations in''.

PART 25--REQUIREMENTS

    62. 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]

    63. In Sec. 25.26-5, in paragraphs (b) introductory text and (c) 
introductory text, remove the words ``After March 10, 1994,'' and 
capitalize the letter ``t'' in the word ``the''.


Sec. 25.26-20  [Amended]

    64. In Sec. 25.26-20, in paragraphs (a) introductory text and (b) 
introductory text, remove the words ``After March 10, 1994,'' and 
capitalize the letter ``t'' in the word ``the''.
    65. In Sec. 25.40-1, revise paragraph (c) and (d) introductory text 
to read as follows:


Sec. 25.40-1  Tanks and engine spaces.

* * * * *
    (c) Boats built after July 31, 1980, which are manufactured or used 
primarily for noncommercial use; which are leased, rented or chartered 
to another for the latter's noncommercial 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

    66. The authority citation for part 26 continues to read as 
follows:


[[Page 51197]]


    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.

    67. Revise Sec. 26.03-5 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]

    68. Remove subpart 26.10 consisting of Secs. 26.10-1 and 26.10-5.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

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

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 49 CFR 
1.46.

    70. In Sec. 28.380(b), insert the words ``electrical heating 
tape,'' between the words ``galley uptake,'' and ``or similar source of 
ignition.''

PART 30--GENERAL PROVISIONS

    71. 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 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]

    72. Remove Sec. 30.01-3.


Sec. 30.01-15  [Amended]

    73. In Sec. 30.01-15, remove paragraph (a) and the paragraph 
designation (b).


Sec. 30.01-20  [Removed]

    74. Remove Sec. 30.01-20.


Sec. 30.10-19  [Amended]

    75. In Sec. 30.10-19, remove the words ``title 52, R.S., acts 
amendatory thereof or supplemental thereto, rules and regulations 
thereunder and the inspections required thereby'' and add, in their 
place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title 
33 U.S. Code, and regulations issued under these statutes''.


Sec. 30.10-43  [Amended]

    76. In Sec. 30.10-43, remove the words ``title 52, R.S., acts 
amendatory thereof or supplemental thereto, rules and regulations 
thereunder, and the inspections required thereby'' and add, in their 
place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title 
33 U.S. Code, and regulations issued under these statutes''.


Sec. 30.10-47  [Amended]

    77. In Sec. 30.10-47, remove the words ``title 52, R.S., acts 
amendatory thereof or supplemental thereto, rules and regulations 
thereunder and the inspections required thereby'' and add, in their 
place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title 
33 U.S. Code, and regulations issued under these statutes''.

Subpart 30.20 [Removed]

    78. Remove subpart 30.20 consisting of Secs. 30.20-1 through 30.20-
50.

PART 31--INSPECTION AND CERTIFICATION

    79. The authority citation for part 31 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; 46 U.S.C. 
3703, 5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; 49 CFR 1.46.

    80. Revise Sec. 31.10-5(a)(1) 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, Inc., whose home office is located at 
90 West Street, Suite 1612, New York, NY 10006, prior to submission to 
the Officer in Charge, Marine Inspection.
* * * * *
    81. In Sec. 31.10-16, revise paragraphs (a), (b)(3), (c), and (e) 
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; or
    (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.
* * * * *
    (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 
organization is 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 
90 West Street, Suite 1612, New York, NY 10006.

    82. In Sec. 31.10-20, revise paragraphs (a) and (d) 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.
    83. In Sec. 31.10-21, revise paragraphs (d)(4), (e) introductory 
text, and (e)(1) to read as follows:

[[Page 51198]]

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]

    84. Remove Sec. 31.10-33.

Subpart 31.37--[Removed]

    85. Remove subpart 31.37 consisting of Secs. 31.37-1 through 31.37-
85.

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

    86. 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 issued 
under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.

    87. Revise Sec. 32.53-1(c) 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.


Sec. 32.53-10  [Amended]

    88. In Sec. 32.53-10, remove paragraphs (c) through (f) and revise 
paragraph (b) 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:
    (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]

    89. Remove Sec. 32.53-15.


Sec. 32.53-20  [Removed]

    90. Remove Sec. 32.53-20.


Sec. 32.53-25  [Removed]

    91. Remove Sec. 32.53-25.


Sec. 32.53-30  [Removed]

    92. Remove Sec. 32.53-30.


Sec. 32.53-35  [Removed]

    93. Remove Sec. 32.53-35.


Sec. 32.53-40  [Removed]

    94. Remove Sec. 32.53-40.


Sec. 32.53-45  [Removed]

    95. Remove Sec. 32.53-45.


Sec. 32.53-50  [Removed]

    96. Remove Sec. 32.53-50.


Sec. 32.53-55  [Removed]

    97. Remove Sec. 32.53-55.


Sec. 32.53-60  [Removed]

    98. Remove Sec. 32.53-60.


Sec. 32.53-65  [Removed]

    99. Remove Sec. 32.53-65.


Sec. 32.53-70  [Removed]

    100. Remove Sec. 32.53-70.


Sec. 32.53-75  [Removed]

    101. Remove Sec. 32.53-75.


Sec. 32.53-80  [Removed]

    102. Remove Sec. 32.53-80.


Sec. 32.53-85  [Removed]

    103. Remove Sec. 32.53-85.
    104. Add Sec. 32.55-20(e) 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]

    105. Remove Sec. 32.55-40.
    106. In Sec. 32.56-1, redesignate the text as paragraph (a) and add 
paragraph (b) 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.
    107. Add Sec. 32.57-1(b) 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.
    108. Revise Sec. 32.57-10(d)(4) 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 
divisions or 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 of the 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  [Amended]

    109. In Sec. 32.60-25, remove paragraph (b) and remove the 
designation of paragraph (a).

PART 34--FIREFIGHTING EQUIPMENT

    110. 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.

    111. In Sec. 34.01-15(b), add in alphabetical order to the 
organization referenced, the following standard:


Sec. 34.01-15  Incorporation by reference.

* * * * *
    (b) * * *

National Fire Protection Association (NFPA)

    Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--
34.30-1


Sec. 34.10-5  [Amended]

    112. Revise Sec. 34.10-5(f) 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

[[Page 51199]]

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]

    113. Revise Sec. 34.10-10(i) to read as follows:


Sec. 34.10-10  Fire station hydrants, hose and nozzles--T/ALL.

* * * * *
    (i) Fire station hydrant connections shall be brass, bronze, or 
other equivalent metal. Couplings shall either:
    (1) Use National Standard fire hose coupling threads for the 1\1/2\ 
inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e., 
9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch 
for 2\1/2\ inch hose; or
    (2) Be a uniform design for each hose diameter throughout the 
vessel.
* * * * *


Sec. 34.15  [Amended]

    114. In Sec. 34.15-5, remove paragraph (d) and redesignate 
paragraph (e) as paragraph (d).
    114a. Revise Sec. 34.20-5(b)(1) 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 monitor, such area being entirely forward of the monitor, but 
not less than 1,250 liters/min.
* * * * *
    115. Add subpart 34.30, consisting of Sec. 34.30-1, 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

    116. 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]

    117. In Sec. 35.01-3(b), remove the Philadelphia address for ASTM 
and add, in its place, a new address and add in numerical order of the 
incorporated standards the following standard:


Sec. 35.01-3  Incorporation by reference.

* * * * *
    (b) * * *

American Society for Testing and Materials (ASTM)

    ASTM International Headquarters, 100 Barr Harbor Dr., West 
Conshohocken, PA 19248-2959.
* * * * *
ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation 
II-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,  
1996--35.10-3

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control 
Plans--35.10-3
* * * * *


Sec. 35.01-40  [Removed]

    118. Remove Sec. 35.01-40.


Sec. 35.07-10  [Amended]

    119. In Sec. 35.07-10, in paragraph (b)(2), remove the words ``46 
U.S.C., sections 85e and 88e, and'' and in paragraph (c)(2), remove the 
words ``See 46 U.S.C. 85e and 88e.''
    120. Revise Sec. 35.10-3 to read as follows:


Sec. 35.10-3  Display of plans--TB/ALL.

    Barges 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. For vessels constructed on or after September 30, 1997 or 
for existing vessels which have their plans redrawn, the symbols used 
to identify the aforementioned details shall be in accordance with IMO 
Assembly resolution A.654(16). These identical symbols can also be 
found in ASTM Adjunct F 1626.
    (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 information contained in the plans shall be kept up-to-
date, and any changes shall be recorded as soon as possible.

Subpart 35.12 [Removed]

    121. Remove subpart 35.12 consisting of Secs. 35.12-1 through 
35.12-5.
    122. Revise Sec. 35.25-15 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]

    123. Remove Sec. 35.25-20.


Sec. 35.30-20  [Amended]

    124. In Sec. 35.30-20(d), remove the first sentence.


Sec. 35.30-40  [Amended]

    125. In Sec. 35.30-40, remove paragraph (b), redesignate paragraph 
(a) as introductory text, and redesignate old

[[Page 51200]]

paragraphs (a)(1) through (a)(3) as paragraphs (a) through (c), 
respectively.
    126. Revise Sec. 35.35-85 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 subchapter.

PART 39--VAPOR CONTROL SYSTEMS

    127. 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  [Amended]

    128. In Sec. 39.10-13, remove paragraph (b) and redesignate 
paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d), 
respectively.

PART 50--GENERAL PROVISIONS

    129. 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]

    130. Remove Sec. 50.01-5.


Sec. 50.10-5  [Amended]

    131. In Sec. 50.10-5, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations under these statutes''.


Sec. 50.10-10  [Amended]

    132. In Sec. 50.10-10, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder,'' and add, in their place, the words 
``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations under these statutes''.


Sec. 50.10-15  [Amended]

    133. In Sec. 50.10-15, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder,'' and add, in their place, the words 
``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations under these statutes''.

PART 56--PIPING SYSTEMS AND APPURTENANCES

    134. 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]

    135. Amend Sec. 56.01-2(b) as follows:
    a. Remove the words ``ASTM B 154-82, Mercurous Nitrate Test for 
Copper and Copper Alloy, 56.60-2'';
    b. Remove the words ``ASTM F 1173-88'' and add, in their place, the 
words ``ASTM F 1173-95'';
    c. Remove the Philadelphia address for ASTM and add, in its place, 
a new address; and
    d. Add, 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 
Conshohocken, 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--Table 56.60-2(a)
* * * * *

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom. Resolution A.753(18) Guidelines for the Application of Plastic 
Pipes on Ships--56.60-25
* * * * *
    136. In Sec. 56.07-10, revise paragraphs (c) and (e) 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 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.
* * * * *
    137. Revise Sec. 56.10-5(d) 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.
    138. Revise Sec. 56.20-15 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 employing resilient material 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 pipe 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

[[Page 51201]]

5 percent of its fully open flow rate or 15 percent divided by the 
square root of the nominal pipe size (NPS) of its fully open flow rate 
through the line after complete removal of all resilient seating 
material and testing at full rated pressure; as represented by the 
formula: (15% /  NPS) (Fully open flow rate). 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 a 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).
    139. Revise Sec. 56.50-30(b)(6) to read as follows:


Sec. 56.50-30  Boiler feed piping.

* * * * *
    (b) * * *
    (6) A sentinel valve is not required for vessels constructed after 
September 30, 1997, and for other vessels to which it has been shown to 
the satisfaction of the cognizant Officer in Charge, Marine Inspection 
or the Coast Guard Marine Safety Center, that a sentinel valve is not 
necessary for the safe operation of the particular boiler.
* * * * *


Sec. 56.50-50  [Amended]

    140. In Sec. 56.50-50, remove paragraph (c)(3); redesignate 
paragraph (c)(4) as paragraph (c)(3); and revise paragraph (c)(2) 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]

    141. In Sec. 56.50-90(e), remove the sentence ``No perforations or 
openings will be permitted throughout the length of a sounding pipe 
where fitted to oil tanks.''
    142. Add Sec. 56.50-103 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 vessels 
stores.
    (b) The distribution piping shall be of at least standard wall 
thickness and 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) Acetylene distribution piping and pipe fittings must be 
seamless steel. Copper alloys containing less than 65 percent copper 
may be used in connection with valves, regulators, gages, and other 
equipment used with acetylene.
    (d) Oxygen distribution piping and pipe fittings must be seamless 
steel or copper.
    (e) When more than two cylinders are connected to a manifold, the 
supply pipe between each cylinder and manifold shall be fitted with a 
non-return valve.
    (f) Except for the cylinder manifolds, acetylene is not to be piped 
at a pressure in excess of 100 kPa (14.7 psi).
    (g) Pipe joints on the low pressure side of the regulators shall be 
welded.
    (h) Branch lines shall not run through unventilated spaces or 
accommodation spaces.
    (i) 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.
    (j) 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.
    (k) Shutoff valves shall be fitted at each outlet.


Sec. 56.60-2  [Amended]

    143. In Sec. 56.60-2, remove paragraph (a). Redesignate paragraph 
(b) introductory text as introductory text to the section. Redesignate 
paragraphs (b)(1), (b)(2), (b)(3), (b)(3)(i), (b)(3)(i)(A), and 
(b)(3)(i)(B) as paragraphs (a), (b), (c), (c)(1), (c)(1)(i), and 
(c)(1)(ii), respectively. Redesignate the text of paragraph (b)(3)(ii) 
as paragraph (c)(2) and revise (c)(2), and in table 56.60-2(a), revise 
footnotes 7 and 9 to read as follows:


Sec. 56.60-2  Limitations on materials.

* * * * *
    (c) * * *
    (2) For those specifications in which no filler material 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 above 
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.
* * * * *
    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.


Sec. 56.60-25  [Amended]

    144. In Sec. 56.60-25, remove paragraph (b); redesignate paragraphs 
(c), (d), and (e) as paragraphs (b), (c), and (d), respectively; and 
revise paragraph (a) 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.

[[Page 51202]]

    (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.
* * * * *
    145. Revise Sec. 56.95-10(a)(1) and footnote 1 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 a joint configuration, 
radiography is not applicable, another approved examination may be 
utilized.
---------------------------------------------------------------------------

* * * * *
    146. Add Sec. 56.97-40(a)(10) 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

    147. 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  [Amended]

    148. In Sec. 58.10-10, remove paragraph (b) and redesignate 
paragraphs (c) and (d) as paragraphs (b) and (c), respectively.

PART 61--PERIODIC TESTS AND INSPECTIONS

    149. 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.

    150. Revise Sec. 61.05-20 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.
    151. In Sec. 61.10-5, revise paragraphs (a) and (b) to read as 
follows:


Sec. 61.10-5  Pressure vessels in service.

    (a) Basic requirements. Each pressure vessel must be examined or 
tested every 5 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.
* * * * *
    152. Revise Sec. 61.15-12(b) to read as follows:


Sec. 61.15-12  Nonmetallic expansion joints.

* * * * *
    (b) A nonmetallic expansion joint must be replaced 10 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.
    153. Revise Sec. 61.20-5(b) 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 5 
years at the time of drydocking.

PART 63--AUTOMATIC AUXILIARY BOILERS

    154. 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.

    155. In Sec. 63.05-1(b), add, 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 
Conshohocken, 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, SE1 7SR United 
Kingdom. Resolution MEPC.59(33), Revised Guidelines for the 
Implementation of Annex V of MARPOL 73/78--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]

    156. In Sec. 63.25-3(j), remove the last sentence.
    157. Revise Sec. 63.25-9 to read as follows:


Sec. 63.25-9  Incinerators.

    Incinerators installed on or after March 26, 1998 must meet the 
requirements of IMO resolution MEPC.59(33). Incinerators in compliance 
with ISO standard 13617 (1995), ``Shipbuilding-Shipboard Incinerators-
Requirements'' are considered to meet the requirements of IMO 
resolution MEPC.59(33). Incinerators in compliance with both ASTM F-
1323-90, ``Standard Specifications for Shipboard Incinerators'' and 
Annexes A1-A3 of IMO resolution MEPC.59(33) are considered to meet the 
requirements of IMO resolution MEPC.59(33).

PART 68--DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY 
LEGISLATIVE GRANTS

    158. 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).

[[Page 51203]]

Subpart 68.01--[Amended]

    159. In Subpart 68.01, revise the heading to read as follows:

Subpart 68.01--Regulations Implementing Provisions for 46 U.S.C. 
App. 833-1


Sec. 68.01-1  [Amended]

    160. In Sec. 68.01-1, in the definition of ``Act'' and the 
definition of ``883-1 citizen'' or ``883-1 corporation'' remove the 
words ``(46 U.S.C. 883-1)'' and add, in their place, the words ``(46 
U.S.C. App. 883-1)''.


Sec. 68.01-3  [Amended]

    161. In Sec. 68.01-3, in the introductory paragraph, remove the 
words ``(46 U.S.C. 883-1)'' and add, in their place, the words ``(46 
U.S.C. App. 883-1)'' and revise the section heading to read as follows:


Sec. 68.01-3  Requirements for citizenship under 46 U.S.C. App. 883-1.

    162. In Sec. 68.01-15(c), revise the introductory text 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

    163. 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]

    164. In Sec. 69.11, remove paragraph (a)(2)(iv), and redesignate 
paragraphs (a)(2)(v) and (a)(2)(vi) as paragraphs (a)(2)(iv) and 
(a)(2)(v), respectively. In paragraph (a)(5), remove the words ``After 
July 18, 1994,'' and capitalize the word ``A'' directly following.
    165. In Sec. 69.117(f)(4), revise the introductory text 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

    166. 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. 70.01-1  [Amended]

    167. In Sec. 70.01-1(a), remove the paragraph designation (a) and 
remove the words ``in accordance with the intent of title 52 of the 
Revised Statutes 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]

    168. Remove Sec. 70.01-5.


Sec. 70.05-15  [Removed]

    169. Remove Sec. 70.05-15.


Sec. 70.05-25  [Removed]

    170. Remove Sec. 70.05-25.


Sec. 70.10-11  [Amended]

    171. In Sec. 70.10-11, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations issued under these statutes''.


Sec. 70.10-25  [Amended]

    172. In Sec. 70.10-25, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations issued under these statutes''.


Sec. 70.10-33  [Amended]

    173. In Sec. 70.10-33, remove the words ``title 52, Revised 
Statutes, and acts amendatory thereof or supplemental thereto, and 
rules and regulations thereunder'' and add, in their place, the words 
``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, 
and regulations issued under these statutes''.

Subpart 70.30 [Removed]

    174. Remove subpart 70.30 consisting of Secs. 70.30-1 through 
70.30-5.

PART 71--INSPECTION AND CERTIFICATION

    175. The authority citation for part 71 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; 46 U.S.C. 
3316, as amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; 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]

    176. In Sec. 71.01-10(a), remove the words ``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''.


Sec. 71.25-25  [Amended]

    177. In Sec. 71.25-25, revise paragraphs (a)(5), (b)(3), and (c) to 
read as follows and remove paragraph (e):


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  [Amended]

    178. In Sec. 71.30-1, remove paragraph (b) and remove the paragraph 
designation (a).

Subpart 71.47 [Removed]

    179. Remove subpart 71.47 consisting of Secs. 71.47-1 through 
71.47-85.
    180. Revise Sec. 71.50-1(a) to read as follows:

[[Page 51204]]

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.
* * * * *
    181. Add Sec. 71.65-1(c) 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

    182. 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.

    183. Revise Sec. 72.01-1 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  [Amended]

    184. In Sec. 72.05-10, remove paragraph (m). Redesignate paragraphs 
(n) through (q) as paragraphs (m) through (p), respectively.


Sec. 72.30-5  [Removed]

    185. Remove Sec. 72.30-5.

PART 76--FIRE PROTECTION EQUIPMENT

    186. 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.

    187. In Sec. 76.01-2(b), add, 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--
76.25-1

    188. Revise Sec. 76.10-5(f) 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.
* * * * *
    189. In Sec. 76.10-10, revise the heading and paragraph (n)(1) to 
read as follows:


Sec. 76.10-10  Fire station hydrants, hose and nozzles--T/ALL.

* * * * *
    (n) * * *
    (1) Fire station hydrant connections shall be brass, bronze, or 
other equivalent metal. Couplings shall either--
    (i) Use National Standard fire hose coupling threads for the 1\1/2\ 
inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e., 
9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch 
for 2\1/2\ inch hose; or
    (ii) Be a uniform design for each hose diameter throughout the 
vessel.
* * * * *


Sec. 76.15-5  [Remove and Reserve]

    190. Remove and reserve Sec. 76.15-5(d).
    191. Revise Sec. 76.25-1 to read as follows:


Sec. 76.25-1  Application.

    Where an automatic sprinkling system is installed, the systems 
shall comply with NFPA 13-1996.
    192. Revise Sec. 76.25-90 to read as follows:


Sec. 76.25-90  Installations contracted for prior to September 30, 
1997.

    (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

    193. 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.

    194. In Sec. 77.35-10(a), add 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

    195. 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.

    196. Add Sec. 78.01-2 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 20002, 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 
Conshohocken, PA 19248-2959.
ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation 
11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01, \ 1996--
78.45-1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control 
Plans--78.45-1

    197. Revise Sec. 78.17-30 to read as follows:

[[Page 51205]]

Sec. 78.17-30  Examination of boilers and machinery.

    It shall be the duty of the chief engineer when assuming 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]

    198. Remove Sec. 78.33-20.


Sec. 78.37-10  [Amended]

    199. In Sec. 78.37-10(b) introductory text, remove the words 
``(R.S. 4467, as amended, 46 U.S.C. 460)''.

Subpart 78.43--[Removed]

    200. Remove subpart 78.43 consisting of Sec. 78.43-1.
    201. Revise Sec. 78.45-1 to read as follows:


Sec. 78.45-1  When required.

    (a) Vessels of 1,000 gross tons and over, and vessels of any 
tonnage on an international voyage shall have permanently exhibited for 
the guidance of the officer in charge of the vessel the following 
plans:
    (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.
    (2) For vessels constructed on or after September 30, 1997, and for 
existing vessels which have their plans redrawn, the symbols used to 
identify the aforementioned details shall be in accordance with IMO 
Assembly resolution A.654(16). The identical symbols can be found in 
ASTM Adjunct F 1626.
    (3) 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.
    (4) 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.
    202. Revise Sec. 78.47-27 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]

    203. Remove subpart 78.53 consisting of Secs. 78.53-1 through 
78.53-5.
    204. Revise Sec. 78.55-1 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.
    205. Revise Sec. 78.65-1 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

    206. The authority citation for part 80 continues to read as 
follows:

    Authority: 46 U.S.C. 3306; 49 CFR 1.46.

    207. Revise Sec. 80.01 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]

    208. In Sec. 80.40, remove the words ``46 U.S.C. 362(b)'' and add, 
in their place, the words ``46 U.S.C. 3504''.

PART 90--GENERAL PROVISIONS

    209. 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.

    210. Revise Sec. 90.01-1 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]

    211. Remove Sec. 90.01-5.


Sec. 90.05-30  [Removed]

    212. Remove Sec. 90.05-30.
    213. Revise Sec. 90.10-9 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 the 
officer's district, which include the inspection, enforcement, and 
administration of Subtitle II of Title 46, U.S. Code, Title 46 and 
Title 33 U.S. Code, and regulations issued under these statutes.
    214. Revise Sec. 90.10-21 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, 
Title 46 and Title 33 U.S. Code, and regulations issued under these 
statutes.
    215. Revise Sec. 90.10-23 introductory text 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:
* * * * *
    216. Revise Sec. 90.10-27 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

[[Page 51206]]

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, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes.
    217. In Sec. 90.10-36, revise the first sentence 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). * * *

Subpart 90.30-1 [Removed]

    218. Remove subpart 90.30-1 consisting of Secs. 90.30-1 through 
90.30-5.

PART 91--INSPECTION AND CERTIFICATION

    219. The authority citation for part 91 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp., p. 793; 49 CFR 1.46.


Sec. 91.25-25  [Amended]

    220. In Sec. 91.25-25, revise paragraphs (a)(3), (b)(3), and (c) to 
read as follows and remove paragraph (e):


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]

    221. Remove subpart 91.37 consisting of Secs. 91.37-1 through 
91.37-85.
    222. In Sec. 91.40-1, revise paragraphs (a) and (d) 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.
    223. In Sec. 91.40-3, revise paragraphs (d)(4), (e) introductory 
text, and (e)(1) 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);
* * * * *
    224. Add Sec. 91.55-1(c) to read as follows:


Sec. 91.55-1  General.

* * * * *
    (c) Plans and specifications for cargo gear shall be approved by 
either a recognized classification society or a recognized cargo gear 
organization, as specified in Sec. 91.25-25.

PART 92--CONSTRUCTION AND ARRANGEMENT

    225. The authority citation for part 92 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.

    226. Add Sec. 92.07-1(c) to read as follows:


Sec. 92.07-1  Application.

* * * * *
    (c) SOLAS-certificated 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

    227. 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]

    228. Remove subpart 93.20 consisting of Secs. 93.20-1 through 
93.20-20, including table 93.17-15.

PART 95--FIRE PROTECTION EQUIPMENT

    229. 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.

    230. In Sec. 95.01-2(b), add, 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

    231. Revise Sec. 95.10-5(f) 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.
* * * * *
    232. Revise Sec. 95.10-10(n)(1) to read as follows:


Sec. 95.10-10  Fire hydrants and hose.

* * * * *
    (n) * * *

[[Page 51207]]

    (1) Fire station hydrant connections shall be brass, bronze, or 
other equivalent metal. Couplings shall either:
    (i) Use National Standard fire hose coupling threads for the 1\1/2\ 
inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e., 
9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch 
for 2\1/2\ inch hose; or
    (ii) Be a uniform design for each hose diameter throughout the 
vessel.
* * * * *


Sec. 95.15-5  [Amended]

    233. In Sec. 95.15-5, remove paragraph (d) and redesignate 
paragraphs (e) and (f) as paragraphs (d) and (e), respectively.
    234. Add subpart 95.30 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

    235. 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.

    236. In Sec. 96.35-10(a), add 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

    237. The authority citation for part 97 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.

    238. Add Sec. 97.01-2 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 20002, 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 
Conshohocken, PA 19248-2959.
ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation 
11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,  
1996--97.36-1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom.
Resolution A.654(16), Graphical Symbols for Fire Control Plans--
97.36-1

    239. Revise Sec. 97.15-15 to read as follows:


Sec. 97.15-15  Examination of boilers and machinery.

    It shall be the duty of the chief engineer when assuming 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]

    240. Remove Sec. 97.30-20.
    241. Revise Sec. 97.36-1 to read as follows:


Sec. 97.36-1  When required.

    Barges 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. For vessels constructed on or after September 30, 1997 or 
for existing vessels which have their plans redrawn, the symbols used 
to identify the aforementioned details shall be in accordance with IMO 
Assembly resolution A.654(16). These identical symbols can also be 
found in ASTM Adjunct F 1626.
    (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.
    242. In Sec. 97.37-20, revise the heading to read as follows:


Sec. 97.37-20  Self-contained breathing apparatus.

* * * * *

Subpart 97.43--[Removed]

    243. Remove subpart 97.43 consisting of Secs. 97.43-1 to 97.43-5.
    244. Revise Sec. 97.45-1 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.
    245. Revise Sec. 97.53-1 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

    246. 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.

    247. Revise Sec. 105.01-1 to read as follows:

[[Page 51208]]

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]

    248. Remove Sec. 105.10-1.
    249. Revise Sec. 105.35-1(a) to read 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 B-II 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

    250. The authority citation for part 108 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.

    251. In Sec. 108.101(b), add, in alphabetical order of the 
organizations referenced, the following standard:


Sec. 108.101  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--
108.430

    252. Revise Sec. 108.417(e) 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.
    253. Revise Sec. 108.425(b) to read as follows:


Sec. 108.425  Fire hoses and associated equipment.

* * * * *
    (b) Fire station hydrant connections shall be brass, bronze, or 
other equivalent metal. Couplings shall either:
    (1) Use National Standard fire hose coupling threads for the 1\1/2\ 
inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e., 
9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch 
for 2\1/2\ inch hose; or
    (2) Be a uniform design for each hose diameter throughout the 
vessel.
* * * * *
    254. In Subpart D, after Sec. 108.429, add an undesignated 
centerhead and Sec. 108.430 to read as follows:
Automatic Sprinkling Systems


Sec. 108.430  General.

    Automatic Sprinkler Systems shall comply with NFPA 13-1996.


Sec. 108.435  [Removed]

    255. Remove Sec. 108.435.

PART 109--OPERATIONS

    256. The authority citation for part 109 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49 
CFR 1.46.

    257. Add Sec. 109.105 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 Capitol Street, NW., suite 700, Washington, 
DC 20002, 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 
Conshohocken, PA 19248-2959.
ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation 
11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,  
1996--109.563

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United 
Kingdom.
Resolution A.654.(16), Graphical Symbols for Fire Control Plans--
109.563


Sec. 109.121  [Amended]

    258. In Sec. 109.121, remove paragraph (b) and redesignate 
paragraph (c) as paragraph (b).


Sec. 109.423  [Removed]

    259. Remove Sec. 109.423.
    260. Revise Sec. 109.431(a) to read as follows:


Sec. 109.431  Logbook.

    (a) The master or person in charge of a unit, that 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.
* * * * *
    261. Revise Sec. 109.555(b) to read as follows:


Sec. 109.555  Propulsion boilers.

* * * * *
    (b) The safety valves, once set, are not tampered with or made 
inoperative.
    262. Add Sec. 109.563(a)(6) to read as follows:


Sec. 109.563  Posting of documents.

* * * * *
    (a) * * *
    (6) For units constructed on or after September 30, 1997, and for 
existing units which have their plans redrawn, the symbols used to 
identify the aforementioned details shall be in accordance with IMO 
Assembly resolution A.654(16). The identical symbols can be found in 
ASTM Adjunct F 1626.
* * * * *

PART 147A--INTERIM REGULATIONS FOR SHIPBOARD FUMIGATION

    263. 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

    264. The authority citation for part 148 is revised to read as 
follows:

    Authority: 49 U.S.C. 5103; 49 CFR 1.46.

    265. Revise Sec. 148.01-1(c) to read 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 [Amended]
    266. In Subchapter O, remove the Note which precedes part 150.

PART 150--COMPATIBILITY OF CARGOES

    267. The authority citation for part 150 continues to read as 
follows:


[[Page 51209]]


    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.

    268. Revise Sec. 150.110 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

    269. 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.

    270. Revise Sec. 151.03-30(c) (the Note remains unchanged) to read 
as follows:


Sec. 151.03-30  Hazardous material.

* * * * *
    (c) Designated a hazardous material under 49 U.S.C. 5103.
* * * * *
    271. Revise Sec. 151.03-41 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, Title 46 and Title 33 U.S. Code, and regulations issued 
under these statutes.

PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED 
GAS HAZARDOUS MATERIALS

    272. 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. 5103. 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).

    273. In Sec. 153.2, paragraph (3) (but not the Note) in the 
definition of Hazardous material is revised to read as follows:


Sec. 153.2  Definitions and acronyms.

* * * * *
    Hazardous material means a liquid material or substance that is--
* * * * *
    (3) Designated a hazardous material under 49 U.S.C. 5103.
* * * * *


Sec. 153.470  [Amended]

    274. In Sec. 153.470, remove the Note at the end of the section.

PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK 
LIQUEFIED GASES

    275. The authority citation for part 154 continues to read as 
follows:

    Authority: 46 U.S.C. 3703, 9101; 49 CFR 1.46.

Sec. 154.1445  [Removed]

    276. Remove Sec. 154.1445.

PART 160--LIFESAVING EQUIPMENT

    277. The authority citation for part 160 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    278. Revise Sec. 160.001-1 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.
    279. In Sec. 160.001-2, revise paragraphs (b) and (d) to read as 
follows:


Sec. 160.001-2  General characteristics of life preservers.

* * * * *
    (b) A life preserver must be capable of supporting a minimum of 22 
pounds in fresh water for 48 hours.
* * * * *
    (d) A life preserver must be:
    (1) Simple in design;
    (2) Capable of being:
    (i) Worn inside-out,
    (ii) worn 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.
* * * * *
    280. Revise Sec. 160.001-3 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 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

[[Page 51210]]

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.
    281. Add Sec. 160.001-5 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 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.

            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.

[[Page 51211]]

    (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.
    282. Revise Sec. 160.002-5 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 Sec. 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.
    283. Revise Sec. 160.002-7 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.
    284. Revise Sec. 160.005-5 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 Sec. 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.
    285. Revise Sec. 160.005-7 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.
    286. In subpart 160.006, revise the heading to read ``Subpart 
160.006--Life Preservers: Repairing.''


Sec. 160.006-1  [Removed]

    287. Remove Sec. 160.006-1.


Sec. 160.006-4  [Removed]

    288. Remove Sec. 160.006-4.


Sec. 160.006-5  [Removed]

    289. Remove Sec. 160.006-5.


Sec. 160.013-4  [Removed]

    290. Remove Sec. 160.013-4.


Sec. 160.013-6  [Removed]

    291. Remove Sec. 160.013-6.


Sec. 160.016-3  [Removed]

    292. Remove Sec. 160.016-3.


Sec. 160.024-6  [Removed]

    293. Remove Sec. 160.024-6 and figure 160.024-6(a).


Sec. 160.026-6  [Amended]

    294. In Sec. 160.026-6, remove table 160.026-6(f), remove 
paragraphs (f) and (g), and revise paragraph (a), the text of 
paragraphs (c) and (d), and paragraph (e) 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.
* * * * *
    (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.
* * * * *
    (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.
    295. Revise Sec. 160.026-7 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]

    296. In Sec. 160.035-2, remove paragraph (e).
    297. Revise Sec. 160.035-3 to read as follows:


Sec. 160.035-3  Construction of steel oar-propelled lifeboats.

    (a) Type. Lifeboats shall have rigid sides and be fitted with 
internal buoyancy so arranged that the boats will float in the flooded 
condition when

[[Page 51212]]

fully loaded with persons and equipment. The capacity of an oar-
propelled lifeboat is limited to a maximum of 59 persons. Lifeboats 
designed to carry 60, but not more than 100, persons shall be either 
hand-propelled or motor-propelled. Lifeboats designed to carry more 
than 100 persons shall be motor-propelled, except that a lifeboat 
designed to carry more than 100 persons may be hand-propelled if it is 
a replacement for a previously approved hand-propelled lifeboat.
    (b) Materials. (1) Plating for shell, floors, air tanks, etc., 
shall be made by the open-hearth or electric furnace process in 
accordance with ASTM Standards A-525 Class 1.25 Commercial. The bend 
tests required by these specifications shall be made after the 
galvanizing or other anticorrosive treatment has been applied.
    (2) Rivets and rolled or extruded shapes such as keel, stem, 
sternpost, gunwales, etc., shall be made by the open-hearth or electric 
furnace process in accordance with ASTM Standard Specification A-36. 
Consideration will be given to the use of other steels having 
equivalent strength where longitudinal cold forming is necessary.
    (c) Riveting. (1) Riveting of the shell plating to the keel, stem, 
and sternpost shall be button head rivets, staggered with not less than 
12 rivets to the foot. The distance from the edge of the plate to the 
centers of the rivets in the nearest row shall be not less than \1/2\ 
inch nor more than \3/4\ inch. Rivets connecting the shell to the 
gunwale shall be spaced not more than 3 inches on centers. The size of 
the rivets for connecting the shell plating to the keel, stem, 
sternpost, and gunwale shall be \1/4\-inch diameter for boats 28 feet 
and under and \5/16\-inch diameter for boats over 28 feet.
    (2) The connection of the floors to the shell shall be a single row 
of rivets not less than \3/16\ inch in diameter and spaced not more 
than 3 inches on centers.
    (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.
    (e) Gunwale braces. (1) The gunwale braces shall be bolted to the 
thwarts with at least two carriage bolts of a size not less than that 
noted in table 160.035-3(e)(1) and riveted or welded to the gunwales. 
Where riveted to the gunwale, at least two rivets of a size not less 
than that noted in table 160.035-3(e)(1) shall be used.

                          Table 160.035-3(e)(1)                         
------------------------------------------------------------------------
                                      Brace size       Bolts and rivets 
       Length of  lifeboat             (inches)         diameter (inch) 
------------------------------------------------------------------------
22 feet and under...............  3 x \1/4\           \5/16\            
Over 22 feet and not over 28....  3 x \5/16\          \3/8\             
Over 28 feet....................  3 x \3/8\           \7/16\            
------------------------------------------------------------------------

    (2) Bracket type gunwale braces will be given special 
consideration.
    (f) Seats. (1) The thwarts, side benches, and end benches shall be 
of fir, yellow pine, fibrous glass reinforced plastic (FRP), or 
approved equivalent.
    (2) The edges of all thwarts, side, and end benches shall be well 
rounded.
    (3) Suitable foot rests shall be furnished at a distance of between 
17 and 20 inches below the thwarts and side benches. This may be 
accomplished by raising the footings from the bottom of the boat.
    (4) The leading edge of the thwart or end bench shall be located a 
minimum of 3 inches and a maximum of 6 inches distance from the Rottmer 
release gear.
    (g) Stretchers. Stretchers of sufficient size and strength shall be 
fitted in suitable positions for rowing.
    (h) Disengaging apparatus. (1) Connections for the disengaging 
apparatus shall have a minimum factor of safety of six.
    (2) For construction and capacity of disengaging apparatus, see 
subpart 160.033.
    (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.
    (j) Protection against corrosion. (1) All steel or iron entering 
into the construction of lifeboats shall be galvanized by the hot 
dipped process. All fabricated pieces or sections are to be galvanized 
after fabrication. Other methods of corrosion prevention will be given 
special consideration.
    (2) Where welded construction is employed, the material shall be 
galvanized after welding unless impractical to do so in which case 
consideration will be given to equivalent protection.
    (3) Provisions shall be made to obtain a satisfactory bond between 
the metal and the paint.
    (k) Rudders. (1) 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 to be shipped without 
untying the lanyard.
    (2) A suitable hinged or pivoted tiller shall be provided.
    (3) Rudder stops shall be provided to limit the rudder angle to 
approximately 45 degrees each side of the centerline.
    (l) Buoyancy tanks. (1) All lifeboats shall have inherent buoyancy, 
or shall be fitted with buoyancy tanks or other equivalent 
noncorrodible buoyancy units, which shall not be adversely affected by 
oil or oil products, sufficient to float the boat and its equipment 
when the boat is flooded and open to the sea. An additional volume of 
buoyancy, or buoyancy units, equal to at least one-tenth the cubic 
capacity of the lifeboat shall be provided.
    (2) At least 50 percent of the buoyancy shall be located along the 
sides of the boat and shall be so located that the boat will be on even 
keel when flooded.
    (3) The tops of the buoyancy tanks or buoyancy units shall be 
protected by the side benches or other suitable means. The construction 
shall be such that water will not collect on the tops of the tanks.
    (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.      
                                                                        

    (m) Equipment stowage. (1) Provision lockers, water tanks, and 
special equipment lockers shall be watertight and so designed and 
located as to fit under the side benches, end benches, or footings 
without projecting into the accommodation spaces of the lifeboat. In 
special cases, stowage under the thwarts will be permitted. Standard 
\1/4\ inch pipe size testing nipples shall be fitted to all such 
lockers or tanks.
    (2) Water tanks shall be constructed of at least 18 USSG material. 
An opening with a dogged type cover shall be provided for removal of 
water cans. This opening shall be at least 7 inches in

[[Page 51213]]

diameter, but in any case shall be of sufficient size that all water 
cans can be removed. In addition, built-in water tanks shall have an 
opening at least 13 inches in diameter with a bolted cover for the 
purpose of inspection and maintenance. A 2-inch diameter fill cap shall 
be installed for the purpose of storing rain water. A standard \1/4\-
inch pipe size drainage nipple with hexagonal cap shall be fitted in 
the bottom of the tank in an accessible location and may be used for 
air testing the water tank.
    (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 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]

    298. Remove Sec. 160.035-4.


Sec. 160.035-6  [Amended]

    299. In Sec. 160.035-6, remove the text of paragraphs (b), (d), 
(f), (g), and (h) and redesignate paragraphs (c), (e), and (i) as 
paragraphs (b), (c), and (d), respectively.
Table 160.035-6(d)(1) [Removed]
    300. Remove table 160.035-6(d)(1).


Sec. 160.035-7  [Removed]

    301. Remove Sec. 160.035-7.


Sec. 160.035-9  [Amended]

    302. In Sec. 160.035-9, remove paragraph (c) and redesignate 
paragraph (d) as paragraph (c).


Sec. 160.041-5  [Amended]

    303. In Sec. 160.041-5, remove paragraph (a) and redesignate 
paragraphs (b) through (f) as paragraphs (a) through (e), respectively.


Sec. 160.041-7  [Removed]

    304. Remove Sec. 160.041-7.


Sec. 160.043-7  [Removed]

    305. Remove Sec. 160.043-7.


Sec. 160.044-4  [Amended]

    306. In Sec. 160.044-4, remove paragraph (a) and redesignate 
paragraphs (b) through (d) as paragraphs (a) through (c), respectively. 
In the newly designated paragraph (a), replace the word ``pump'' with 
the words ``bilge pump'' wherever it appears.


Sec. 160.044-6  [Removed]

    307. Remove Sec. 160.044-6.


Sec. 160.048  [Amended]

    308. In Sec. 160.048-6, remove paragraph (c) and in paragraph 
(a)(1) revise the entry following ``If pads become waterlogged, replace 
device.'' to read as follows:


Sec. 160.048-6  Marking.

    (a) * * *
    (1) * * *

    Approved for use on recreational boats only as a throwable 
device.
* * * * *


Sec. 160.049.6  [Amended]

    309. In Sec. 160.049-6, remove paragraph (c) and in paragraph 
(a)(1) revise the entry following ``Dry out thoroughly when wet.'' to 
read as follows:


Sec. 160.049-6  Marking.

    (a) * * *
    (1) * * *

    Approved for use on recreational boats only as a throwable 
device.
* * * * *


Sec. 160.050-5  [Amended]

    310. Amend Sec. 160.050-5 as follows:
    a. Remove footnote 1;
    b. Revise paragraphs (a) through (f);
    c. Add paragraphs (g) through (i);
    d. Redesignate table 160.050-5(b) as table 160.050-5(e); and
    e. Revise the new table 160.050-5(e) 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 the 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 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.
    (iv) Meet 33 CFR 181.701 through 33 CFR 181.705 which requires an 
instruction pamphlet for each device that is sold or offered for sale 
for use on recreational boats, and must make the pamphlet accessible 
prior to purchase.
    (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

[[Page 51214]]

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 buoys 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 buoys. A lot 
number must be assigned to each group of life buoys 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 160.050-5(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.

            Table 160.050-5(e).--Sampling for Buoyancy Tests            
------------------------------------------------------------------------
                                                                 Number 
                                                                 of life
                           Lot size                             buoys 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 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.
    (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; and
    (3) Compliance with the marking requirements in the applicable 
approval subpart.
    (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.


Sec. 160.050-6  [Amended]

    311. In Sec. 160.050-6(a), remove the sentence ``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 
replace it with the sentence ``Approved for use on recreational boats 
only as a throwable device.'', and remove paragraph (c).
    312. Revise Sec. 160.050-7 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

[[Page 51215]]

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  [Amended]

    313. In Sec. 160.053-1, remove paragraph (c).
    314. Revise Sec. 160.053-6 to read as follows:


Sec. 160.053-6  Procedure for approval.

    (a) General. Work vests for use on merchant vessels 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 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]

    315. In Sec. 160.054-5, remove paragraph (a) and redesignate 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.


Sec. 160.054-7  [Amended]

    316. In Sec. 160.054-7, remove paragraph (a) and redesignate 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.


Sec. 160.055-7  [Amended]

    317. Revise Sec. 160.055-7 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) 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.
    318. Revise Sec. 160.055-9(a) 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 of this part.
* * * * *


Sec. 160.056-5  [Removed]

    319. Remove Sec. 160.056-5.


Sec. 160.058-6  [Removed]

    320. Remove Sec. 160.058-6.


Sec. 160.061-6  [Removed]

    321. Remove Sec. 160.061-6.


Sec. 160.061-7  [Removed]

    322. Remove Sec. 160.061-7.
    323. Revise Sec. 160.062-6 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]

    324. In Sec. 160.064-4(a)(1), remove the sentence ``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 add, in its place, the sentence ``Approved for use on 
recreational boats only as a throwable device.'', and remove paragraph 
(c).

PART 164--MATERIALS

    325. The authority citation for part 164 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    326. Revise subpart 164.013 to read as follows:

[[Page 51216]]

Subpart 164.013--Foam, Unicellular Polyethylene (Buoyant, Slab, 
Slitted Trigonal Pattern)

Sec.
164.013-1  Scope.
164.013-2  Incorporation by reference.
164.013-3  Material properties and workmanship
164.013-4  Samples submitted for acceptance.
164.013-5  Acceptance tests.
164.013-6  Production tests, inspections, and marking.
164.013-7  Marking.


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 (PFDs) 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  Incorporation by reference.

    (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 
20002, 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, Standards for Components for Personal Flotation Devices, 
May 16, 1995--164.013-3; 160.013-5.

    (c) Copies on file. Copies of the specifications and letter of 
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 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).


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.


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

    327. 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.

    328. Revise Sec. 166.01(a) 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

    329. 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.

    330. Revise Sec. 167.01-1 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.
    331. Revise Sec. 167.05-15 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 the 
officer's district, which include the inspections, enforcement, and 
administration of Subtitle II of Title 46, U.S. Code, Title 46 and 
Title 33 U.S. Code, and regulations issued under these statutes.
    332. Revise Sec. 167.05-20 to read as follows:

[[Page 51217]]

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, Title 46 and Title 33 U.S. Code, and regulations issued 
under these statutes.
    333. Revise Sec. 167.05-30 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, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes.
    334. Revise Sec. 167.10-1 to read as follows:


Sec. 167.10-1  Enforcement.

    The Officer in Charge, Marine Inspection, is responsible for the 
performance of duties within the officer's jurisdiction with respect to 
inspection of nautical school ships.


Sec. 167.25-20  [Removed]

    335. Remove Sec. 167.25-20.
    336. Revise Sec. 167.45-60(a) 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 face 
piece, 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]

    337. In Sec. 167.45-75, remove the last two sentences.


Sec. 167.65-45  [Amended]

    338. In Sec. 167.65-45(c), remove the words ``3d,'' and ``12th,''.

PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS

    339. The authority citation for part 168 continues to read as 
follows:

    Authority: 46 U.S.C. 3305, 3306; 49 CFR 1.46.

Sec. 168.01-5  [Removed]

    340. Remove Sec. 168.01-5.


Sec. 168.01-10  [Removed]

    341. Remove Sec. 168.01-10.

PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS

    342. The authority citation for part 170 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703, 5115; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    343. In Sec. 170.075, revise the introductory text of paragraph (a) 
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 Coast Guard Marine Safety Center or four copies for plan review 
being conducted by the American Bureau of Shipping (ABS) of each of the 
following plans:
* * * * *
    344. Revise Sec. 170.080 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 Coast Guard Marine Safety Center or four copies for plan review 
being conducted by the ABS.
    345. Revise Sec. 170.085 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 Coast Guard Marine Safety Center or the ABS at least 
two weeks before the test.
    346. Revise Sec. 170.093 to read as follows:


Sec. 170.093  Specific approvals.

    Certain rules in this subchapter require specific approval of 
equipment or arrangements by the Commandant, OCMI, or Coast Guard 
Marine Safety Center. These approval determinations will be made as a 
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]

    347. Remove Sec. 170.098.
    348. Revise Sec. 170.100 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 Office 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, 
106th Floor, New York, NY 10048.
    (d) The American Bureau of Shipping (ABS), ABS Plaza, 16855 North 
Chase Dr., Houston, TX 77060-6008.
    349. Revise Sec. 170.110(b) to read as follows:


Sec. 170.110  Stability booklet.

* * * * *
    (b) Each stability booklet must be approved by the Coast Guard 
Marine Safety Center or the ABS.
* * * * *
    350. Revise Sec. 170.120(a) 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.
* * * * *
    351. In Sec. 170.170, revise paragraphs (b) and (d) to read as 
follows:


Sec. 170.170  Calculations required.

* * * * *
    (b) If approved by the Coast Guard Marine Safety Center or the ABS, 
a larger value of T may be used for a

[[Page 51218]]

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 Coast Guard 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.
    352. In Sec. 170.173, revise the introductory text to paragraph (a) 
to read as follows:


Sec. 170.173  Criterion for vessels of unusual proportion and form.

    (a) If required by the Coast Guard 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--
* * * * *
    353. In Sec. 170.175, revise paragraphs (b) through (d) 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 A7BS 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 ensure that the vessel has adequate stability in all 
probable loading conditions.
    354. In Sec. 170.180, revise the introductory paragraph 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:
* * * * *
    355. Revise Sec. 170.185(b) 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 Coast Guard Marine Safety 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.
* * * * *
    356. Revise Sec. 170.190 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]

    357. Remove Sec. 170.210.
    358. Revise Sec. 170.235(b) 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 Coast Guard 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

    359. The authority citation 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.

    360. Add Secs. 172.010 through 172.040 to subpart B to read as 
follows:

Subpart B--Bulk Grain

Sec.
172.010  Applicability.
172.015  Document of authorization.
172.020  Incorporation by reference.
172.030  Exemptions for certain vessels.
172.040  Certificate of loading.

Subpart B--Bulk Grain


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 Cape 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 Assembly 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 
Vesey 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 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 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 20002, 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, SE1 7SR United 
Kingdom.
Amendment 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 172.015 on voyages between:

[[Page 51219]]

    (1) United States ports along the East Coast as far south as Cape 
Henry, VA;
    (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 vessel's longitudinal strength 
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 = (B3xLx0.0661) (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 
Vesey Street, New York, NY, 10007-2914, for the purpose of issuing 
certificates of loading.

PART 188--GENERAL PROVISIONS

    361. The authority citation for part 188 continues to read as 
follows:

    Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    362. Revise Sec. 188.01-1 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  [Amended]

    363. In Sec. 188.01-3, remove paragraph (b) and the paragraph 
designation (a).


Sec. 188.01-5  [Removed]

    364. Remove Sec. 188.01-5.


Sec. 188.05-2  [Amended]

    365. In Sec. 188.05-2, remove paragraph (a) and redesignate 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.
    366. Revise Sec. 188.05-10(b)(2) 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]

    367. Remove Sec. 188.05-30.
    368. Revise Sec. 188.10-13 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 the 
officer's district, which include the inspections, enforcement, and 
administration of Subtitle II of Title 46, U.S. Code, Title 46 and 
Title 33 U.S. Code, and regulations issued under these statutes.
    369. Revise Sec. 188.10-45 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, Title 46 and Title 33 U.S. Code, and regulations issued 
under these statutes.
    370. Revise Sec. 188.10-49 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.
    371. Revise Sec. 188.10-55 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, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes.
    372. Revise Sec. 188.10-65 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

    373. 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.

    374. Revise Sec. 189.35-9(c)(2) 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 recognized by 
the Commandant under Sec. 31.10-6.
* * * * *

[[Page 51220]]

    375. In Sec. 189.40-1, revise paragraphs (a) and (c) 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.
    376. In Sec. 189.40-3, revise the heading and paragraphs (d)(4), 
(d)(5), (e) introductory text, and (e)(1) 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

    377. 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.

    378. In Sec. 193.01-3(b), add, in alphabetical order of the 
organizations referenced, the following standard:


Sec. 193.01-3  Incorporation by reference.

* * * * *
    (b) * * *

National Fire Protection Association (NFPA)

 Batterymarch Park, Quincy, MA 02269-9101.
NFPA 13-1996, Standard for the Installation of Sprinkler Systems--
193.30-1

    379. Revise Sec. 193.10-5(f) 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 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.
* * * * *
    380. Add subpart 193.30 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

    381. 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]

    382. In Sec. 195.30-90(c), remove the words ``After November 23, 
1994,'' and capitalize the ``e'' in the word ``each''.


Sec. 195.35-90  [Amended]

    383. In Sec. 195.35-90(c), remove the words ``After November 23, 
1994,'' and capitalize the ``e'' in the word ``each''.

PART 196--OPERATIONS

    384. The authority citation for part 196 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101; 
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.


Sec. 196.05-1  [Amended]

    385. In Sec. 196.05-1(c), remove the words ``3d,'' and ``12th,''.
    386. Revise Sec. 196.53-1 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

    387. 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.

    388. Revise Sec. 197.462 to read as follows:


Sec. 197.462  Pressure vessels and pressure piping.

    (a) The diving supervisor shall ensure 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.
    389. In Sec. 197.480, revise paragraphs (a) and (b) to read as 
follows:


Sec. 197.480  Logbooks.

    (a) The person-in-charge of a vessel or facility, that is required 
by 46 U.S.C.

[[Page 51221]]

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.
* * * * *
    390. Revise Sec. 197.540(b) 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: September 22, 1997.
R. C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine, Safety 
and Environmental Protection.
[FR Doc. 97-25572 Filed 9-29-97; 8:45 am]
BILLING CODE 4910-14-P