[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Proposed Rules]
[Pages 67066-67083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21573]



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Part III





Department of Homeland Security





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Coast Guard



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33 CFR Parts 155 and 157

46 CFR Part 162



Pollution Prevention Equipment; Proposed Rule

  Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / 
Proposed Rules  

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 155 and 157

46 CFR Part 162

[USCG-2004-18939]
RIN 1625-AA90


Pollution Prevention Equipment

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise its pollution prevention 
equipment regulations to make them consistent with new International 
Maritime Organization (IMO) guidelines and specifications issued under 
the International Convention for the Prevention of Pollution from Ships 
(MARPOL) Annex I. These revisions should effectively implement MARPOL 
Annex I regulations, reduce the amount of oil discharged from vessels, 
and eliminate the use of ozone-depleting solvents in equipment tests. 
The proposed rule would require newly constructed vessels carrying oil 
in bulk to install cargo monitors that meet revised standards and 
require all vessels replacing or installing oil separators and bilge 
alarms to install equipment that meets revised standards. Tests for 
approval of this equipment would also be revised both to deal with 
common bilge contaminants and to eliminate the use of ozone-depleting 
solvents.

DATES: Comments and related material must reach the Docket Management 
Facility on or before February 1, 2006.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2004-18939 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.
    You may inspect the material proposed for incorporation by 
reference at room 1300, U.S. Coast Guard Headquarters, 2100 Second 
Street, SW., Washington, DC 20593-0001 between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-267-6640. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Commander George Grills, Systems Engineering 
Division (G-MSE-3), Office of Design and Engineering Standards, U.S. 
Coast Guard, telephone 202-267-6640. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:
Preamble Organization

    This preamble is organized as follows:

Public Participation and Request for Comments
Submitting comments
Viewing comments and documents
Privacy Act
Public Meeting
Background and Purpose
Which vessels would this proposed rule affect?
Regulatory History
Discussion of Proposed Rule
Incorporation by Reference
Regulatory Evaluation
    Background
    Proposed Action
    Applicability
    Costs
    Benefits
Smal Entities
Assistance for Small Entities
Collection of Information
Federalism
Undated Mandates Reform Act
Taking of Private Property
Civil Justice Reform
Protection of Children
Indian Tribal Governments
Energy Effects
Technical Standards
Environment

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the Department 
of Transportation (DOT) to use the Docket Management Facility. Please 
see DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2004-18939), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and conduct a simple search using 
the docket number. You may also visit the Docket Management Facility in 
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    Under the Act to Prevent Pollution from Ships, Pub. L. 96-478, 
sections 2 and 4, 94 Stat. 2297, 2298 (Oct. 21, 1980), 33 U.S.C. 1901 
and 1903, the Secretary of the Department in which the Coast Guard is 
operating is authorized to prescribe any necessary or desired 
regulations to carry out the provisions of the Act and of Annexes I and 
II of the International Convention

[[Page 67067]]

for the Prevention of Pollution from Ships, 1973, as modified by the 
Protocol of 1978 relating to that Convention (MARPOL 73/78). Under the 
Act of August 26, 1983, Pub. L. 98-89, 97 Stat. 500, 504, 522, subtitle 
II of title 46 of the U.S. Code, specifically 46 U.S.C. 3703, the 
Secretary in which the Coast Guard is operating is authorized to issue 
equipment regulations for vessels carrying liquid bulk dangerous cargo, 
including oil. Authority under both of these acts has been delegated to 
the Coast Guard under Department of Homeland Security Delegation No. 
0170.1 (2)(77) and (92)(b).
    For some time, it has been well understood by the international 
maritime community that existing pollution prevention equipment (PPE) 
is not adequately designed to process bilge wastes. Pollution 
prevention equipment on vessels encounter bilge wastes that are not 
replicated in test fluids used for certifying and approving PPE. This 
has led to release of more oil into the marine environment than 
desired. Of specific concern has been emulsified oil in water, 
surfactants (for example, detergents), and other contaminants typically 
found in bilge water.
    A second problem concerned the method by which oil content is 
measured in effluent samples during the approval process. Existing 
methods require the use of ozone-depleting solvents, specifically 
carbon tetrachloride and Freon 113 (CFC 113). Both an international 
treaty and laws of the United States call for phasing out the use of 
these solvents. Therefore, an alternative test method was desired.
    Having identified these concerns, the International Maritime 
Organization's (IMO) Marine Environment Protection Committee (MEPC) 
instructed the Ship Design and Equipment subcommittee to develop new 
performance standards to replace those referenced in MARPOL Annex I. 
The Ship Design and Equipment subcommittee drafted new resolutions, in 
which the U.S. participated, that were ultimately approved by the MEPC 
at its 49th session in July 2003 and designated as MEPC.107(49) and 
MEPC.108(49).

Which Vessels Would This Proposed Rule Affect?

    Our proposed rule would not change the type or class of vessels 
that require a cargo monitor, oily-water separator (OWS), or bilge 
alarm under 33 CFR part 155, subpart B, or 33 CFR part 157; it would 
only require that such equipment meet new pollution prevention 
standards.

Regulatory History

    Even before Annex I of MARPOL 73/78 came into force internationally 
in 1983, the Coast Guard issued a final rule (44 FR 53352, September 
13, 1979) containing PPE design and approval requirements. On December 
31, 2003, the Coast Guard published in the Federal Register (68 FR 
75603) a notice of policy informing the public of the new MEPC 
resolutions, our desire to update 46 CFR subpart 162.050, and our 
willingness to consider alternatives to the performance and testing 
standards in part 162.050.

Discussion of Proposed Rule

    The proposed rule would revise 46 CFR subpart 162.050 to reflect 
the new IMO PPE guidelines and specifications that governments have 
been invited to apply on or after January 1, 2005, to their 
implementation of MARPOL Annex I regulations. The proposed rule would 
also align 46 CFR subpart 162.050 more closely with the IMO PPE 
guidelines by removing the bilge monitor standard. The six factors that 
were considered in the decision to propose to remove the bilge monitor 
follow:
    1. A bilge monitor includes a 100 parts per million (ppm) 
performance standard that is no longer an allowed discharge 
concentration of oil at sea nationally or internationally.
    2. There is no longer an equivalent to a bilge monitor requirement 
in the IMO guidelines or MARPOL Annex I. The IMO resolutions and Annex 
I call for three types of PPE equipment: cargo monitors, oil separators 
and bilge alarms. In addition to these three types of equipment, the 
equipment that can obtain approval under subpart 162.050 currently also 
includes bilge monitors. Retaining the bilge monitor design and 
approval standards in the proposed subpart 162.050 results in unique 
testing and performance requirements inconsistent with international 
standards.
    3. According to our records, the Coast Guard has not received an 
approval application for a bilge monitor in more than a decade.
    4. Only four bilge monitors are listed in the Coast Guard equipment 
database and only one of those has maintained an ``approved'' status. 
All the others are ``former-may use'' or ``expired.''
    5. There are no specific requirements in the current regulations 
for installing a bilge monitor--it is an alternative to installation of 
a bilge alarm.
    6. The new bilge alarm requirements incorporate a recording 
function which, other than the 100-ppm alarm, was the major difference 
between the bilge alarm and bilge monitor. As proposed, a bilge monitor 
requirement in the proposed subpart 162.050 would be both redundant and 
obsolete.
    Unlike many of the engineering references incorporated into our 
current regulations, subpart 162.050 contains text taken in large part 
from the IMO documents detailing the performance and testing 
requirements. Two options exist for updating subpart 162.050:
    1. Replace existing regulatory text with detailed text implementing 
the new IMO standards by describing them; or
    2. Replace existing regulatory text with new text that relies 
heavily on incorporating the new standards by reference to resolutions 
MEPC.107(49) and MEPC.108(49), and ISO 9377-2.
    In seeking to avoid conflicts between Coast Guard PPE regulations 
and MARPOL Annex I guidelines and specifications that Member States are 
invited to make applicable on or after January 1, 2005, we considered 
incorporating the MARPOL guidelines and specifications by reference--
and not have any differences between the MARPOL guidelines and 
specifications and Coast Guard PPE standards--but we decided to 
maintain some differences.
    Some of our regulations will be more specific and concrete than the 
MARPOL Annex I guidelines and specifications. We will, for example, 
specify when and where inclination tests will be performed. These 
differences are intended to make the regulations easier to enforce and 
more likely to ensure that the oil-release-reduction goals of the 
MARPOL Annex I guidelines and specifications are met.

Incorporation by Reference

    New material proposed for incorporation by reference is added in 
both 33 CFR 157.02 and 46 CFR 162.050-4. You may inspect this material 
at U.S. Coast Guard Headquarters where indicated under ADDRESSES. 
Copies of the material are available from the sources listed in 
Sec. Sec.  157.02 and 162.050-4.
    Before publishing a binding rule, we will submit copies of all of 
the proposed new material to the Director of the Office of the Federal 
Register for approval of the incorporation by reference.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under

[[Page 67068]]

section 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order. A draft Regulatory Evaluation 
follows:

Background

    This NPRM proposes to change the performance standards of oily-
water separators (OWS), bilge alarms, and cargo monitors to meet the 
revised guidelines and specifications for the MARPOL Annex I standards.
    In analyzing the cost impact of this proposed rule, we considered 
the increase in cost to buyers of new vessels who must install new 
pollution prevention equipment meeting the revised standards, and 
owners and operators of existing vessels who must replace old equipment 
with the new pollution prevention equipment.

Proposed Action

    The Coast Guard proposes to make the following changes to pollution 
prevention equipment performance standards, outlined in 46 CFR part 
162, subpart 162.050:
     Remove the requirement for a bilge monitor;
     Require OWSs to effectively process emulsified oils, 
surfactants, and contaminants;
     Change standards for the bilge alarm which must now: 1. 
Pass new tests using emulsified oil and contaminants; 2. have a ppm 
display; 3. display each change in oil content of the mixture it is 
measuring within 5 seconds after the change occurs instead of every 20 
seconds; 4. limit access to the bilge alarm beyond checking instrument 
drift must be limited; repeatability of the instrument reading and the 
ability to re-zero the instrument must require the breaking of a seal; 
5. activate its alarm whenever clean water is used for cleaning or 
zeroing purposes; and 6. record date, time, alarm status, and operating 
status of the 15 ppm bilge separator. The recording device must also 
store data for at least 18 months and be able to display or print a 
protocol. In the event the 15 ppm bilge alarm is replaced, means must 
be provided to ensure the data recorded remains available on board for 
18 months; and,
     Change standards for cargo monitors that are used with 
category C and D oil-like noxious liquid substances. Based on our 
research, we found that the manufacturers of cargo monitors, plan to 
sell these monitors meeting the new standards for approximately the 
same retail price as the old equipment. Therefore, there is no 
additional cost to vessel owners for this requirement.
    We expect there to be no additional cost to industry for removing 
the requirement for bilge monitors, or changing standards for cargo 
monitors because there will be no change in cost for installation, 
operation, and maintenance.

Applicability

    This proposed rule applies to all ocean-going vessels that operate 
in U.S. waters. Foreign vessels in compliance with MARPOL need not 
prove compliance with the domestic equipment approval standards. 
Therefore, this rule primarily affects U.S. flag vessels.
    The vessels impacted by the proposed changes for the bilge alarm 
and the OWS are described in 33 CFR 155.380, and are divided into three 
main categories:
     33 CFR 155.350--Oceangoing vessels of less than 400 gross 
tons (GT). These vessels are not required to have the equipment on 
board if they have the capacity to retain on board all oily mixtures 
and can discharge these oily mixtures to a reception facility. Certain 
vessels, in this category that embark on international voyages, 
however, are required to have an International Pollution Prevention 
Certificate (IOPP) that requires them to have pollution prevention 
equipment on board. Based on Coast Guard data, we estimate that 30 
percent of the fleet have the IOPP Certificate and have OWSs and bilge 
alarms on board.
     Oceangoing vessels of 400 GT and above, but less than 
10,000 GT. The current regulations require all vessels in this category 
to have an installed OWS and if the vessel ballasts the fuel tanks and/
or plans to discharge through the OWS within 12 nm of land the vessel 
must also have a bilge alarm. Additionally, vessels in this category 
that embark on international voyages, which are required to have an 
IOPP Certificate, have the pollution prevention equipment on board. 
Based on Coast Guard and industry information, we assume the majority 
of new construction oceangoing vessels have bilge alarms and the OWSs 
on board.
     33 CFR 155.370--Oceangoing vessels of 10,000 GT and above. 
The current regulation requires all oceangoing vessels in this tonnage 
range to have both an OWS and bilge alarm. We assume all of these 
vessels comply with these regulations and have the equipment.

Costs

    The following vessel population estimates are based on 2004 Coast 
Guard data. There are approximately 86 new oceangoing vessels built per 
year that would be affected by this proposed rule. Of these, 
approximately 29 new vessels are 400 GT or greater and must meet the 
new requirements to have bilge alarms and oily water separators that 
meet the new standards. Of the remaining 57 vessels less than 400 GT, 
we assume 30 percent, or approximately 17 vessels, will be installing 
the equipment because they will embarking on international voyages and 
are required to carry pollution prevention equipment.
    All existing vessels subject to these PPE regulations, 
approximately 5,838 U.S. flag vessels, must install equipment that 
meets the new standards whenever the owners or operators replace the 
equipment. Based on Coast Guard data, we assume that the entire 
existing fleet of vessels 400 GT and over will update its equipment as 
it breaks down over the next 20 years, which is approximately the 
length of service for these U.S. flag vessels. We assume that the 30 
percent of the fleet below 400 GT that has this equipment on board will 
also update it once over the service life of the vessel.
    The cost of this proposed rule to vessel owners is the additional 
price owners must pay for the higher-priced pollution prevention 
equipment that meets the new MARPOL standards. The owners and operators 
of existing vessels would face no immediate mandatory implementation 
costs from this proposed rule, but they would face ongoing costs as 
they update equipment or install new equipment on new vessels.
    We calculated the cost of the rulemaking for the next 10 years 
(2005-2014), which is a long enough period of analysis to capture the 
majority of the future costs of this rulemaking. This follows OMB's 
guidance that the ending point for calculating costs ``should be far 
enough in the future to encompass all significant benefits and costs 
likely to result from the rule'' (see OMB Circular A-4, page 31). 
However, in other cases, simply presenting annualized costs are 
sufficient. For example, OMB's Circular A-4 (page 36) notes that if the 
expected flow of costs is constant over time, then annualizing the cost 
stream is sufficient and further discounting is unnecessary. That said, 
for this rulemaking we would have been on safe ground simply reporting 
annualized costs.
    For vessel owners and operators that would be replacing equipment 
once over the service life of the vessel or once every twenty years, we 
assume that five percent of the affected population would update their 
equipment for each year in the 10-year period of analysis.

[[Page 67069]]

    We considered possible increases in the operation and maintenance 
(O&M) costs. Based on Coast Guard and industry information, we estimate 
that the O&M cost of the new equipment would not be more than the O&M 
costs of the existing equipment, and in some instances would cost less. 
Therefore, we assume that there would be no significant increases in 
O&M costs, since vessels routinely face similar costs for existing 
installed equipment.
    For OWSs, there is a wide range in the price of the equipment 
depending on flow rates and levels of technological capability. Based 
on discussions with manufacturers, we find that there is currently 
considerable variability in market prices as suppliers begin to market 
and sell the new equipment. Still, we believe we have estimated average 
price increases that are reasonably accurate. We separated the vessel 
categories into the three groups discussed earlier, and assume an 
average price increase of:
     $8,000 for vessels below 400 GT;
     $12,000 for vessels 400 GT or more and less than 10,000 
GT; and
     $18,000 for vessels 10,000 GT and over.
    For bilge alarms, there is less of a variation in the price. The 
change in the price ranges from approximately $400 to $1,500 and we 
assume an average price increase of $1,000 for all vessel categories.
    Thus, the total price increase for both oily water separators and 
bilge alarms combined is:
     $9,000 for vessels below 400 GT;
     $13,000 for vessels 400 GT or more and less than 10,000 
GT; and
     $19,000 for vessels 10,000 GT and over.
    We estimate the total annual cost for new vessels is $548,000 and 
the total annual cost for existing vessels is $2,298,000. See Tables 1 
and 2 below for details on the calculations of the annual costs.

               Table 1.--Annual Cost of Oily-Water Separators (OWS) & Bilge Alarms For New Vessels
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                                                                            Annually affected
                      Vessel types                         Price increase      New vessels        Annual cost
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<400 GT................................................             $9,000                 17           $153,000
>=400 GT and <10,000 GT................................             13,000                 26            338,000
>=10,000 GT............................................             19,000                  3             57,000
                                                        --------------------
    Total..............................................  .................                 46            548,000
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                        Table 2.--Annual Cost of OWSs & Bilge Alarms for Existing Vessels
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                                                                            Annually affected
                                                                             existing vessels
                      Vessel types                         Price increase       (w/ 20-yr         Annual cost
                                                                             breakdown rate)
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<400 GT................................................             $9,000                 50           $450,000
>=400 GT and <10,000 GT................................             13,000                 91          1,183,000
>=10,000 GT............................................             19,000                 35            665,000
                                                        --------------------
    Total..............................................  .................                176          2,298,000
----------------------------------------------------------------------------------------------------------------

    We estimate the total annual cost of this rule to industry would be 
$2,846,000 ($548,000 + $2,298,000). The present value of the total cost 
for the next 10 years is $21,388,531, based on a 7 percent discount 
rate, and $25,005,266, based on a 3 percent discount rate.
    To the extent that shippers purchase equipment from U.S. suppliers, 
this is a transfer from shippers to suppliers.
    To the extent that shippers will pass on these costs to their 
customers, these consumers and their customers will bear most of the 
burden of the rule. Given that vessel owners will phase in the 
equipment over 20 years, vessel owners may be more likely to try to 
absorb as much of this increase as possible over the first few years.
    To the extent that vessel owners do eventually pass on costs to 
consumers, these price increases would be small given vessel owners and 
operators can spread these costs over thousands of voyages.

Benefits

    The benefits of this proposed rule are mainly in the improved 
environmental conditions resulting from the use of PPE which meets 
higher standards of pollution prevention. The new OWSs will better 
handle the separation of emulsified oils, surfactants and contaminants 
from water whereas in previously approved units this may not have 
occurred. There would also be a broader range and volume of pollutants 
no longer released into the environment because of these new standards, 
which is a positive impact of this proposed rule.
    Testing standards for pollution prevention equipment outlined in 46 
CFR 162.050-39 currently require the use of the solvents carbon 
tetrachloride and Freon 113 (CFC 113), which have been phased out by 
the Montreal Protocol on Substances that Deplete the Ozone Layer. This 
proposed rule would require a new test protocol to be used for testing 
the oil separating capabilities of pollution prevention equipment--
outlined in 46 CFR 162.050-39--that does not include these substances.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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.
    The small entities affected by the proposed rule are vessels owners 
required to install or replace pollution prevention equipment meeting 
the new standards on their vessels.
    To analyze the financial impact of the proposed rule on small 
entities, we selected and analyzed a random sample of 360 vessels that 
is statistically representative of the target population

[[Page 67070]]

of 5,838. In the entire population, 2,780 companies own these 5,838 
vessels. In the random sample, we found that 263 companies owned the 
360 vessels. In this sample, 69 small companies owned 79 vessels, 47 
large companies owned 99 vessels, the Federal government owned 26 
vessels and we found 156 vessels with no revenue information available 
on their 146 owners.
    We then assessed the impact of cost on the revenue of the companies 
with information that we identified as small entities, and broke them 
down by the percentage impact on revenue. The large majority of small 
entities (about 87 percent) face an impact on revenue between 0 and 4 
percent. To be conservative, we assumed that all vessels with no 
available information on their ownership were owned by small entities. 
We further assumed that the percentage impact of annual cost on annual 
revenue was distributed in the same proportion as the small businesses 
for both the vessels with no information in the random sample, and for 
the entire target population. See Table 3 below for details.

                                   Table 3.--Impact of Cost on Small Entities
----------------------------------------------------------------------------------------------------------------
                                          Number of        Percentage of     Expanded number
                                        entities with      entities with     of entities with   Distribution of
  Percent of annual revenue impact       known annual       known annual      unknown annual   small entities in
                                           revenues           revenues           revenues       total population
----------------------------------------------------------------------------------------------------------------
0-1%................................                 41                 59                 87              1,074
>1%-4%..............................                 19                 28                 40                498
>4%-10%.............................                  5                  7                 11                131
>10%-20%............................                  0                  0                  0                  0
>20%-30%............................                  3                  4                  6                 79
>30%................................                  1                  1                  2                 26
                                     --------------------
    Total...........................                 69                100                146             1,807
----------------------------------------------------------------------------------------------------------------
* Some values may not total due to rounding.

    Under the Clean Air Act, as amended, specifically under 42 U.S.C. 
7671a, we must eliminate the use of ozone-depleting testing solvents in 
our current PPE regulations. Therefore, ``no action'' is not an option. 
Also, the United States is party to MARPOL Annex I. To effectively 
implement MARPOL Annex I regulations, we must revise our other PPE 
regulations to reflect that resolutions MEPC.107(49) and MEPC.108(49) 
have superseded resolutions MEPC.60(33) and A.586(14), respectively.
    We believe the proposed regulations will have a minimal costs to 
small businesses. First, existing vessels are not required to 
immediately install pollution prevention equipment meeting the new 
standards, but only when they are replacing it, which could be over a 
long period of time. Second, 57 percent of vessel types in the small 
business category are below 400 GT, and owners of these vessels have 
the option of not installing pollution prevention equipment and instead 
discharging oily mixtures at a reception facility. Finally, the prices 
of OWS systems (the highest cost component of this proposed rule) vary 
widely depending on a range of factors including their technological 
capability, so that vessel owners can choose cheaper versions within 
the options available to them.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lt. George Grills, Office of 
Systems Engineering (G-MSE-3), Coast Guard, telephone 202-267-6640. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
    The paperwork burden associated with the manufacture, laboratory 
testing, approval tests, and marking of pollution prevention equipment 
is addressed in the existing collection of information, OMB 
1625-0035, entitled ``Title 46 CFR Subchapter Q: Lifesaving, 
Electrical, and Engineering Equipment; Construction and Materials.'' 
This collection of information was approved by the Office of Management 
and Budget on December 10, 2002, and will expire after the 3-year 
approval period ends on December 31, 2005.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments or would either preempt State law or impose a substantial 
direct cost of compliance on them. Based on our survey of vessels 
expected to be effected, we have identified only 26 state-owned vessels 
that may be affected, and these vessels are already subject to 
regulation under the sections affected by the proposed amendments. 
Therefore, we conclude the proposed rule would not impose a substantial 
direct cost of compliance on State or local governments.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled, 
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels), 
as well as the reporting of casualties and any other category in which 
Congress intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field

[[Page 67071]]

foreclosed from regulation by the States. (See the decision of the 
Supreme Court in the consolidated cases of United States v. Locke and 
Intertanko v. Locke, 529 U.S. 89, 120 S. Ct. 1135 (March 6, 2000)). Our 
proposed rule would revise standards for pollution prevention 
equipment. Because the States may not regulate within this category, 
preemption under Executive Order 13132 is not an issue.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule uses the following new voluntary consensus 
standards:
    1. IMO Assembly Resolution A.393(X)--Recommendation on 
International Performance and Test Specifications For Oily-Water 
Separating Equipment and Oil Content Meters;
    2. IMO Assembly Resolution A.496(XII)--Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers;
    3. IMO Assembly Resolution A.586(14)--Revised Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers;
    4. IMO Marine Environment Protection Committee Resolution 
MEPC.13(19)--Guidelines for Plan Approval and Installation Survey of 
Oil Discharge Monitoring and Control Systems for Oil Tankers and 
Environmental Testing of Control Sections Thereof;
    5. IMO Marine Environment Protection Committee Resolution 
MEPC.108(49)--Revised Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers;
    6. International Organization of Standardization Standard ISO 8217 
(1996) Petroleum products--Fuels (class F)--Specification of marine 
fuels;
    7. International Organization of Standardization Standard ISO 9377-
2 (2000), Water Quality--Determination of hydrocarbon oil index--Part 
2: Method Using solvent extraction and Gas Chromatography.
    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 33 CFR 
157.02 and 46 CFR 162.050-4.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(e), of the Instruction, from further 
environmental documentation. These regulations concern equipment 
approval and carriage requirements. A preliminary ``Environmental 
Analysis Check List'' is available in the docket where indicated under 
the ``Public Participation and Request for Comments'' section of this 
preamble. Comments on this section will be considered before we make 
the final decision on whether this rule should be categorically 
excluded from further environmental review.

List of Subjects

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and 
recordkeeping requirements.

33 CFR Part 157

    Cargo vessels, Incorporation by reference, Oil pollution, Reporting 
and recordkeeping requirements.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil 
pollution, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 155 and 157, and 46 CFR part 162 as follows:

[[Page 67072]]

Title 33--Navigation and Navigable Waters

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

    1. Revise the authority citation for part 155 to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975 
Comp., p. 793; Department of Homeland Security Delegation No. 
0170.1. Sections 155.100 through 155.130, 150.350 through 155.400, 
155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) are 
also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490, 
155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. 
Section 155.490 is also issued under section 4110(b) of Pub. L. 101-
380. Note: Additional requirements for vessels carrying oil or 
hazardous materials are contained in 46 CFR parts 30 through 40, 
150, 151, and 153.

    2. In Sec.  155.380, revise the section heading and paragraph (c) 
to read as follows:


Sec.  155.380  Oily-water separating equipment and bilge alarm approval 
standards.

* * * * *
    (c) A ship that is required to have a bilge alarm may defer 
installment and use a previously installed bilge monitor provided the 
bilge monitor met Coast Guard approval requirements at the time of its 
installation and it does not allow more than a 15 ppm oil content in 
water discharge.

PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT 
RELATING TO TANK VESSELS CARRYING OIL IN BULK

    3. Revise the authority citation for part 157 to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 
Department of Homeland Security Delegation No. 0170.1. Subparts G, 
H, and I are also issued under section 4115(b), Pub. L. 101-380, 104 
Stat. 520; Pub. L. 104-55, 109 Stat. 546.

    4. In Sec.  157.02, revise paragraph (b) to read as follows:


Sec.  157.02  Incorporation by reference.

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

International Maritime Organization (IMO)--4 Albert Embankment, London 
SE1 7SR, United Kingdom.
    IMO Assembly Resolution A.393(X), Recommendation on International 
Performance and Test Specifications For Oily-Water Separating Equipment 
and Oil Content Meters--157.12
    IMO Assembly Resolution A.496(XII), Guidelines and Specifications 
for Oil Discharge Monitoring and Control Systems for Oil Tankers--
157.12
    IMO Assembly Resolution A.586(14), Revised Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers--157.12
    IMO Marine Environment Protection Committee Resolution MEPC.13(19), 
Guidelines for Plan Approval and Installation Survey of Oil Discharge 
Monitoring and Control Systems for Oil Tankers and Environmental 
Testing of Control Sections Thereof--157.12
    IMO Marine Environment Protection Committee Resolution 
MEPC.108(49), Revised Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers--157.12
    IMO Assembly Resolution A.601(15), Provision and Display of 
Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3, 3.1, 
and 3.2 with appendices, adopted on 19 November 1987--157.450
    IMO Assembly Resolution A.744(18), Guidelines on the Enhanced 
Programme of Inspections During Surveys of Bulk Carriers and Oil 
Tankers, Annex B sections 1.1.3-1.1.4, 1.2-1.3, 2.1, 2.3-2.6, 3-8, and 
Annexes 1-10 with appendices, adopted 4 November 1993--157.430
    IMO Assembly Resolution A.751(18), Interim Standards for Ship 
Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2, and 5, adopted 4 
November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 June 
1994--157.445
Oil Companies International Marine Forum (OCIMF) 27 Queen Anne's Gate, 
London, SW1H 9BU, England].
    International Safety Guide for Oil Tankers and Terminals, Fourth 
Edition, Chapters 6, 7, and 10, 1996--157.435

    5. In Sec.  157.12, revise paragraphs (b) and (c) to read as 
follows:


Sec.  157.12  Cargo monitor and control system.

* * * * *
    (b) Each monitor installed on a U.S. vessel must be approved under 
46 CFR 162.050. Each monitor installed on a foreign vessel must be 
approved:
    (1) Under 46 CFR 162.050; or
    (2) As meeting IMO Marine Environment Protection Committee 
resolution MEPC.108(49) by a country that has ratified the MARPOL 73/
78. Paragraph 1.2.2 of MEPC.108(49) provides, as to equipment installed 
in ``oil tankers the keels of which are laid, or which are at a similar 
stage of construction, before January 1, 2005,'' for alternative 
compliance with IMO resolutions A.393(X), A.496(XII), MEPC.13(19), and 
A.586(14). These five resolutions are incorporated by reference (see 
Sec.  157.02).
    (c) Each monitor on a U.S. vessel must be installed in accordance 
with Sec. Sec.  157.12b through 157.12g.
    6. Add Sec. Sec.  157.12a through 157.12g to read as follows:


Sec.  157.12a  Definitions.

    As used in Sec. Sec.  157.12a through 157.12g--
    Control section means a unit in a monitoring system composed of the 
items specified in Sec.  157.12d(a)(4)(viii).
    Control unit means a device that receives automatic signals of oil 
content of the effluent ppm, flow rate of discharge m3/hour, 
ship's speed in knots, ship's position--latitude and longitude, date 
and time (GMT, Greenwich Mean Time), and status of the overboard 
discharge control. The control unit makes automatic recordings of data 
as specified in Sec.  157.12d(h)(2).
    Oil discharge monitoring and control system or monitoring system 
means a system that monitors the discharge into the sea of oily ballast 
or other oil-contaminated water from the cargo tank areas and comprises 
the items specified in Sec.  157.12d(a)(4).
    Overboard discharge control means a device that automatically 
initiates the sequence to stop the overboard discharge of the effluent 
in alarm conditions and prevents the discharge throughout the period 
the alarm condition prevails. The device may be arranged to close the 
overboard valves or to stop the relevant pumps, as appropriate.
    PPM or ppm means parts of oil per million parts of water by volume.
    Starting interlock means a facility that prevents the initiation of 
the opening of the discharge valve or the operation of other equivalent 
arrangements before the monitoring system is fully operational when use 
of the monitoring system is required by the Convention.


Sec.  157.12b  Implementation requirements.

    Oil discharge monitoring and control systems must be fitted to oil 
tankers to which this subpart applies. A monitoring and control system 
must employ a control unit and be fitted with a starting interlock and 
overboard discharge control.


Sec.  157.12c  Construction, maintenance, security, calibration and 
training.

    (a) The oil discharge monitoring and control system must be 
designed to

[[Page 67073]]

ensure that user access is restricted to essential controls. Access 
beyond these controls must be available for emergency maintenance and 
temporary repair but must require the breaking of security seals or 
activation of another device which indicates an entry to the equipment.
    (b) The seals must be of a design that only the manufacturer or the 
manufacturer's agent can replace the seals or reset the system 
following inspection and permanent repairs to the equipment.
    (c) The accuracy of the monitoring system must be verified during 
International Oil Pollution Prevention certificate renewal surveys. The 
calibration certificate certifying date of last calibration check must 
be retained on board for inspection purposes.
    (d) The monitoring system may have several scales as appropriate 
for its intended use. The recording device fitted to a meter which has 
more than one scale must indicate the scale which is in use.
    (e) Simple means must be provided aboard ship to check on 
instrument drift must be limited; repeatability of the instrument 
reading, and the ability to re-zero the instrument.
    (f) Ship staff training must include familiarization in the 
operation and the maintenance of the equipment.
    (g) The routine maintenance of the monitoring system and 
troubleshooting procedures must be clearly defined in the Operating and 
Maintenance Manual. All routine maintenance and repairs must be 
recorded.


Sec.  157.12d  Technical specifications.

    (a) Oil discharge monitoring and control system. (1) The monitoring 
system must be capable of effectively monitoring and controlling the 
discharge of any effluent into the sea through those overboard 
discharge outlets permitted by Sec.  157.11 that are necessary to 
fulfill the operational requirements of the oil tanker.
    (2) The discharge of dirty ballast water or other oil-contaminated 
water from the cargo tank areas into the sea through outlets which are 
not controlled by the monitoring system is prohibited.
    (3) The monitoring system must function effectively under all 
environmental conditions that oil tankers normally encounter, and must 
be designed and constructed to satisfy the specifications for approval 
in 46 CFR subpart 162.050. Moreover--
    (i) The system must be designed so that no discharge of dirty 
ballast or other oil-contaminated water from the cargo tank areas can 
take place unless the monitoring system is in the normal operating mode 
and the relevant sampling point has been selected;
    (ii) Preferably the system should sample the effluent discharge 
from a minimum number of discharge outlets and be arranged so that 
discharge overboard can take place via only one outlet at a time;
    (iii) Where it is intended that more than one line be used for 
simultaneous discharging purposes, one cargo monitor, together with a 
flow meter, must be installed in each discharge line. These instruments 
must be connected to a common processor; and
    (iv) To avoid alarms because of short-term high oil concentration 
signals (spikes) causing indications of high instantaneous rates of 
discharge, the short-term high ppm signal may be suppressed for a 
maximum of 10 seconds. Alternatively, the instantaneous rate of 
discharge may be continuously averaged during the preceding 20 seconds 
or less as computed from instantaneous ppm values of the cargo monitor 
readings received at intervals not exceeding 5 seconds.
    (4) The monitoring system must comprise--
    (i) A cargo monitor to measure the oil content of the effluent in 
ppm. The monitor must be approved in accordance with the provisions 
contained in 46 CFR 162.050 and be certified to take into account the 
range of cargoes carried;
    (ii) A flow rate indicating system to measure the rate of effluent 
being discharged into the sea;
    (iii) A ship speed indicating device to give the ship's speed in 
knots;
    (iv) A ship position indicating device to give the ship's 
position--latitude and longitude;
    (v) A sampling system to convey a representative sample of the 
effluent to the cargo monitor;
    (vi) An overboard discharge control to stop the overboard 
discharge;
    (vii) A starting interlock to prevent the discharge overboard of 
any effluent unless the monitoring system is fully operational; and
    (viii) A control section comprising--
    (A) A processor that accepts signals of oil content in the 
effluent, the effluent flow rate and the ship's speed, and computes 
these values into liters of oil discharged per nautical mile and the 
total quantity of oil discharged;
    (B) A means to provide alarms and command signals to the overboard 
discharge control;
    (C) A recording device to provide a record of data required under 
Sec.  157.12d(h)(2);
    (D) A data display to exhibit the current operational data required 
under Sec.  157.12d(i);
    (E) A manual override system to be used in the event of failure of 
the monitoring system; and
    (F) A means to provide signals to the starting interlock to prevent 
the discharge of any effluent before the monitoring system is fully 
operational.
    (5) Each main component of the monitoring system must be fitted 
with a name-plate, properly identifying the component by assembly 
drawing number, type or model number and serial number, as appropriate.
    (6) The electrical components of the monitoring system that are to 
be installed in an explosive atmosphere must be in compliance with 46 
CFR 162.050-25.
    (b) Sampling system. (1) Sampling points must be located so that 
relevant samples can be obtained from those outlets that are used for 
operational discharges in accordance with paragraph (a) of this 
section. The sampling probes located in the overboard discharge lines 
and the piping system connecting the sampling probes to the cargo 
monitor must meet the requirements of this paragraph.
    (2) The piping and probes must be of a material resistant to fire, 
corrosion, and oil and be of adequate strength, and properly jointed 
and supported.
    (3) The system must have a stop-valve fitted adjacent to each 
probe, except that, where the probe is mounted in a cargo line, two 
stop-valves must be fitted, in series, in the sample line; one of these 
may be the remote controlled sample selector valve.
    (4) Sampling probes must be arranged for easy withdrawal and must, 
as far as practicable, be mounted at an accessible location in a 
vertical section of the discharge line. Should it be necessary to fit 
sampling probes in a horizontal section of the discharge line it must 
be ascertained, during the installation survey, that the pipe runs full 
of liquid at all times during the discharge of the effluent. Sampling 
probes must normally penetrate inside the discharge pipe to a distance 
of one quarter the diameter of that pipe.
    (5) Means must be provided for cleaning the probes and piping 
system by the provision of permanent clean water flushing arrangements 
or an equivalent method. The design of the probes and piping must be 
such as to minimize their clogging by oil, oily residue, and other 
matter.
    (6) The velocity of the fluid in the piping must be such that, 
taking into consideration the length of the piping, the overall 
response time must be as

[[Page 67074]]

short as possible between an alteration in the mixture being pumped and 
the alteration in the cargo monitor reading and in any case not more 
than 40 seconds, including the response time of the cargo monitor.
    (7) The location of sampling probes in relation to any point of 
flow diversion to a slop tank must be selected with regard to the need 
for sampling the oily water in the recirculation mode.
    (8) The arrangements for driving the sampling pump or any other 
pumps used in the system must account for the safety requirements of 
the space in which the pump is located. Any bulkhead penetration 
between a hazardous and a non-hazardous area must be of a design 
meeting the requirements of 46 CFR 32.60-20 and 46 CFR subpart 111.105.
    (9) The flushing arrangement must be such that where necessary it 
can be utilized for test-running and stabilizing the cargo monitor and 
correcting for zero setting.
    (10) Sample water returning to the slop tank must not be allowed to 
free-fall into the tank. In tankers equipped with an inert gas system, 
a water seal meeting the requirements of 46 CFR 32.53-10(b) must be 
arranged in the piping leading to a slop tank.
    (11) A valve must be provided for the manual collection of samples 
from the inlet piping to the cargo monitor at a point downstream of any 
sampling pump.
    (c) Flow rate indicating system. (1) A flow meter for measuring the 
rate of discharge must be installed in a vertical section of a 
discharge line or in any other section of a discharge line as 
appropriate, so as to be always filled with the liquid being 
discharged.
    (2) A flow meter must employ an operating principle which is 
suitable for shipboard use and, where relevant, can be used in large 
diameter pipes.
    (3) A flow meter must be suitable for the full range of flow rates 
that may be encountered during normal operation. Alternatively, 
arrangements such as the use of two flow meters of different ranges or 
a restriction of the operational flow rate range may be employed if 
necessary to meet this requirement.
    (4) The flow meter, as installed, must have an accuracy of 10 percent, or better, of the instantaneous rate of discharge 
throughout the operating range for discharging the effluent.
    (5) Any component part of the flow meter in contact with the 
effluent should be of corrosion-resistant and oil-resistant material of 
adequate strength.
    (6) The design of the flow metering arrangements must account for 
the safety requirements of the space in which such metering 
arrangements are located.
    (d) Ship's speed indicating system. The automatic speed signal 
required for a monitoring system must be obtained from the ship's speed 
indicating device by means of a repeater signal. The speed information 
used may be either speed over the ground or speed through the water, 
depending upon the speed measuring equipment installed on board.


    Note to paragraph (d): See ``Recommendation on Performance 
Standards for Devices to Indicate Speed and Distance,'' Annex to 
resolution A.824(19) as amended by resolution MSC.96(72).


    (e) Ship position indicating device. The ship position indicating 
device must consist of a receiver for a global navigation satellite 
system or a terrestrial radio navigation system, or other means, 
suitable for use at all times throughout the intended voyage to 
establish and update the ship's position by automatic means.
    (f) Overboard discharge control management. The overboard discharge 
control must be able to stop the discharge of the effluent into the sea 
automatically by either closing all relevant overboard discharge valves 
or stopping all relevant pumps. The discharge control arrangement must 
be fail-safe so that all effluent discharge is stopped when the 
monitoring system is not in operation, at alarm conditions, or when the 
monitoring system fails to function.
    (g) Processor and transmitting device. (1) The processor of a 
control section must receive signals from the cargo monitor, the flow 
rate indicating system and the ship's speed indicating system at time 
intervals not exceeding 5 seconds and must automatically compute the 
following:
    (i) Instantaneous rate of discharge of oil in liters per nautical 
mile; and
    (ii) Total quantity of oil discharged during the voyage in cubic 
meters or liters.
    (2) When the limits imposed by Sec.  157.37(a)(3) and (4) are 
exceeded, the processor must provide alarms and provide command signals 
to the overboard discharge control arrangement which will cause the 
discharge of effluent into the sea to stop.
    (3) The processor must normally include a device for the continuous 
generation of time and date information. Alternative arrangements which 
ensure the automatic and continuous reception of time and date 
information from an external source may be approved by the Marine 
Safety Center.
    (4) In the event of power failure the processor must retain its 
memory in respect to computation of the total quantity of oil 
discharged, time, and date. A printout of data must be obtained when 
the monitoring system is operating with manual override, but the 
printout of data is not required if, when the power fails, the 
monitoring system activates the overboard discharge control to stop the 
discharge of effluent.
    (h) Recording devices. (1) The recording device of a control 
section must include a digital printer, which may be formatted 
electronically. The recorded parameters must be explicitly identified 
on the printout. The printout must be legible and must remain so once 
removed from the recording device and must be retained for at least 3 
years.
    (2) The data to be automatically recorded must include at least the 
following:
    (i) Instantaneous rate of discharge of oil (liters per nautical 
mile);
    (ii) Instantaneous oil content (ppm);
    (iii) The total quantity of oil discharged (cubic meters or 
liters);
    (iv) Time and date (GMT, Greenwich Mean Time);
    (v) Ship's speed in knots;
    (vi) Ship's position--latitude and longitude;
    (vii) Effluent flow rate;
    (viii) Status of the overboard discharge control or arrangement;
    (ix) Oil type selector setting, where applicable;
    (x) Alarm condition;
    (xi) Failure, including, but not limited to, no flow, or fault; and
    (xii) Override action, including, but not limited to, manual 
override, flushing, and calibration. Any information inserted manually 
as a result of an override action must be identified as such on the 
printout.
    (3) Data required in paragraph (h)(2) of this section must be 
printed out or may be stored electronically with printout capability, 
with the following minimum frequency:
    (i) When the discharge is started;
    (ii) When the discharge is stopped;
    (iii) At intervals of not more than 10 minutes (except when the 
system is in stand-by mode);
    (iv) When an alarm condition develops;
    (v) When normal conditions are restored;
    (vi) Whenever the computed rate of discharge varies by 10 liters 
per nautical mile;
    (vii) When zero-setting or calibration modes are selected; and
    (viii) On manual command.
    (4) The recording device must be located in a position easily 
accessible to

[[Page 67075]]

the person in charge of the overboard discharge operation.
    (i) Data display. (1) In addition to the recorded printout, the 
current data must be visibly displayed and must as a minimum contain 
the following:
    (i) Instantaneous rate of discharge of oil (liters per nautical 
mile);
    (ii) Total quantity of oil discharged (cubic meters or liters);
    (iii) Instantaneous oil content (ppm)
    (iv) Flow rate;
    (v) Ship's speed; and
    (vi) Status of the overboard discharge control or arrangement.
    (2) The data display must be located in a position easily observed 
by the person in charge of the overboard discharge operation.
    (j) Manually operated alternatives in the event of equipment 
malfunction. Acceptable alternative means of obtaining information in 
the event of a failure in the monitoring system include the following:
    (1) Cargo monitor or sampling system: visual observation of the 
surface of the water adjacent to the effluent discharge;
    (2) Flow meter: pump discharge characteristics;
    (3) Ship's speed indicating device: main engine rpm;
    (4) Processor: manual calculation and manual recording; and
    (5) Overboard discharge control: manual operation of pumps and 
valves.
    (k) Alarm conditions resulting in the stopping of discharge. Audio-
visual alarms must be activated for any of the following conditions and 
the monitoring system must be so arranged that the discharge of 
effluent into the sea is stopped:
    (1) Whenever the instantaneous rate of discharge of oil exceeds 30 
liters per nautical mile;
    (2) When the total quantity of oil discharged reaches 1/30,000 of 
the previous cargo for new vessels and 1/15,000 for existing vessels;
    (3) In the event of failure of the system's operation, such as:
    (i) Power failure;
    (ii) Loss of sample;
    (iii) Significant failure of the measuring or recording system; or
    (iv) When the input of any sensor exceeds the effective capacity of 
the system.
    (l) Location of alarm indicator. The alarm indicator of the system 
must be installed in the cargo control room, where provided, and/or in 
other places where it will attract immediate attention and action.


Sec.  157.12e  Certificate of approval.

    (a) A copy of the certificate of approval for the cargo monitors 
must be carried aboard an oil tanker fitted with such equipment at all 
times.
    (b) A certificate of type approval must be issued for the specific 
application for which the cargo monitor is approved, that is, for crude 
oil, ``black'' products, ``white'' products, or other products or 
applications as listed on the certificate.


Sec.  157.12f  Workshop functional test requirements.

    (a) Each cargo monitor and each control section of a monitoring 
system must be subjected to a functional test on a suitable test bench 
prior to delivery. The detailed program for a functional test of such 
equipment must be developed by the manufacturer, taking into account 
the features and functions of the specific design of equipment. A 
completed workshop certificate including the delivery test protocol 
must be received with each unit delivered.
    (b) A functional test conducted on a cargo monitor must include at 
least all the following operations:
    (1) Check flow rate, pressure drop, or an equivalent parameter as 
appropriate;
    (2) Check all alarm functions built into the meter;
    (3) Check all switching functions interconnecting with other parts 
of the system; and
    (4) Check correct reading at several ppm values on all measurement 
scales when operated on an oil appropriate for the application of the 
cargo monitor or by an equivalent method.
    (c) A functional check conducted on a control section of a 
monitoring system must include at least all the following operations:
    (1) Check all alarm functions;
    (2) Check correct function of the signal processor and the 
recording equipment when simulated input signals of ppm, flow rate, and 
speed are varied;
    (3) Check that the alarm is activated when the input signals are 
varied to exceed the discharge limits contained in Sec.  157.37(a)(3) 
and (4).
    (4) Check that a signal is given to the overboard discharge control 
when alarm conditions are reached; and
    (5) Check that the alarm is activated when each one of the input 
signals is varied to exceed the capacity of the system.


Sec.  157.12g  Plan approval requirements.

    Adequate documentation must be prepared well in advance of the 
intended installation of a monitoring system and must be submitted to 
the Marine Safety Center for approval. The documentation to be 
submitted must include at least all the following:
    (a) A description of the monitoring system. The description must 
include a diagrammatic drawing of the pumping and piping arrangements, 
identifying the operational outlets for dirty ballast and oil-
contaminated water from the cargo tank area and compatible with the 
operational requirements set out in the oil tanker's cargo and ballast 
handling manuals. Special considerations may have to be given to 
installations in oil tankers which have unusual pumping and piping 
arrangements.
    (b) Equipment manuals, supplied by manufacturers, which must 
contain details of the major components of the monitoring system.
    (c) An operations and technical manual for the complete monitoring 
system which is proposed to be installed in the oil tanker. This manual 
must cover the arrangements and operation of the system as a whole and 
must specifically describe parts of the system which are not covered by 
the manufacturer's equipment manuals.
    (d) The operations section of the manual must include normal 
operational procedures and procedures for the discharge of oily water 
in the event of malfunction of the equipment.
    (e) The technical section of the manual must include adequate 
information (description and diagrammatic drawings of the pumping and 
piping arrangements of the monitoring system and electrical/electronic 
wiring diagrams) to enable fault finding and must include instructions 
for keeping a maintenance record.
    (f) A technical installation specification defining, among other 
things, the location and mounting of components, arrangements for 
maintaining the integrity of the boundary between safe and hazardous 
spaces and the arrangement of the sample piping, including calculation 
of the sample response time referred to in Sec.  157.12d(b)(6). The 
installation must comply with manufacturer's specific installation 
criteria.
    (g) A copy of the certificate of type approval for the cargo 
monitor and technical documentation relevant to other main components 
of the monitoring system.
    (h) A recommended test and checkout procedure specific to the 
monitoring system installed. This procedure must specify all the checks 
to be carried out in a functional test by the installation contractor 
and must provide guidance for the surveyor when carrying out the on-
board survey of the monitoring system and confirming the installation 
reflects the manufacturer's specific installation criteria.

[[Page 67076]]

    7. Revise Sec.  157.39(b)(3) to read as follows:


Sec.  157.39  Machinery space bilges.

* * * * *
    (b) * * *
    (3) Has in operation an oil discharge monitoring and control system 
in compliance with Sec.  157.12 and oil separating equipment in 
compliance with 33 CFR 155.380.

Appendix F to Part 157--[Removed and Reserved]

    8. Remove and reserve Appendix F to part 157.

Title 46--Shipping

PART 162--ENGINEERING EQUIPMENT

    9. Revise the authority citation for part 162 to read as follows:

    Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 
4302; 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; Department of 
Homeland Security Delegation No. 0170.1.

    10. In Sec.  162.050-1, revise paragraph (a)(1) to read as follows:


Sec.  162.050-1  Scope.

    (a) * * *
    (1) Procedures for approval of 15 ppm separators, cargo monitors, 
and bilge monitors.
* * * * *
    11. Revise Sec.  162.050-3 to read as follows:


Sec.  162.050-3  Definitions.

    As used in this subpart--
    15 ppm separator means a separator that is designed to remove 
enough oil from an oil-water mixture to provide a resulting mixture 
that has an oil concentration of 15 ppm or less.
    Bilge alarm means an instrument that is designed to measure the oil 
content of oily mixtures from machinery space bilges and fuel oil tanks 
that carry ballast and activate an alarm at a set concentration limit 
and record date, time, alarm status, and operating status of the 15 ppm 
separator.
    Cargo monitor means an instrument that is designed to measure and 
record the oil content of cargo residues from cargo tanks and oily 
mixtures combined with these residues.
    Independent laboratory means a laboratory that--
    (1) Has the equipment and procedures necessary to approve the 
electrical components described in Sec. Sec.  162.050-21(b) and 
162.050-25(c), or to conduct the test described in Sec.  162.050-37(a); 
and
    (2) Is not owned or controlled by a manufacturer, supplier, or 
vendor of separators, monitors, or bilge alarms.
    PPM or ppm means parts per million by volume of oil in water.
    Response time means the time elapsed between an alteration in the 
sample being supplied to the bilge alarm and the ppm display showing 
the correct response.
    12. Revise Sec.  162.050-4 to read as follows:


Sec.  162.050-4  Documents incorporated by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in 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 National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for 
inspection at the Coast Guard, (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 approved for incorporation by reference in this 
part (subchapter), and the sections affected, are as follows:

Underwriters Laboratories, Inc., (UL) 12 Laboratory Drive, Research 
Triangle Park, NC 27709-3995.
    Underwriters Laboratories Standard 913 (as revised April 8, 1976)--
162.050-21, 162.050-25.
American Society for Testing and Materials 100 Barr Harbor Drive, West 
Conshohocken, PA 19428-2959.
    ASTM D2777-98, Standard Practice for Determination of Precision and 
Bias of Applicable Test Methods of Committee D-19 on Water--162.050-15.
International Organization for Standardization (ISO) 1, rue de 
Varemb[eacute], Case postale 56, CH-1211 Geneva 20, Switzerland 
(Internet: http://www.iso.org.)
    International Organization of Standardization Standard ISO 8217 
(1996) Petroleum products--Fuels (class F)--Specification of marine 
fuels--162.050-20.
    International Organization of Standardization Standard ISO 9377-2 
(2000), Water Quality--Determination of hydrocarbon oil index--Part 2: 
Method Using solvent extraction and Gas Chromatography--162.050-39.


Sec.  162.050-5  [Amended]

    13. In Sec.  162.050-5, in paragraph (a), remove the abbreviation 
``p.p.m.'', and add, in its place, the letters ``ppm''.


Sec.  162.050-7  [Amended]

    14. In Sec. 162.050-7:
    a. Remove paragraph (j);
    b. Redesignate paragraph (k) as paragraph (j);
    c. In paragraph (e), remove the word and figure ``fifty (50)'' 
wherever they appear and add, in their place, the figure ``50''; in 
paragraph (h)(3), following the figure ``3'', remove the letter ``S'' 
and add, in its place, the letter ``A''; and in paragraph (h)(4), 
following the figure ``5'', remove the letter ``S'' and add, in its 
place, the letter ``A'', and in redesignated paragraph (j)(2), remove 
the abbreviation ``p.p.m.'', and add, in its place, the letters 
``ppm''; and
    d. Revise paragraphs (f), (h)(2), (i)(2), and redesignated (j)(3) 
to read as follows:


Sec.  162.050-7  Approval procedures.

* * * * *
    (f) The approval tests in this subpart must be performed by a 
facility designated under Sec.  162.050-15. The facility must also be 
accepted as an independent laboratory by the Coast Guard under subpart 
159.010 of this chapter. The facility must perform each test in 
accordance with the test conditions prescribed in this subpart for the 
test, prepare a test report for the item if it completes all of the 
tests, and send the report with three copies to the Commanding Officer, 
USCG Marine Safety Center. The applicant may observe the tests. If an 
item does not complete testing, a new application must be made before 
retesting.
* * * * *
    (h) * * *
    (2) The oil content of each sample of separated water effluent 
taken during approval testing is 15 ppm or less;
* * * * *
    (i) * * *
    (2) Each oil content reading recorded during approval testing is 
10 ppm or 10 percent, whichever is greater, of 
the oil content of the sample influent mixture taken at the time of the 
reading;
* * * * *
    (j) * * *
    (3) Its response time is five seconds or less; and
* * * * *

[[Page 67077]]

Sec.  162.050-14  [Removed]

    14A. Remove Sec.  162.050-14.
    15. In Sec.  162.050-15, revise paragraphs (a), (d), (e), (f)(3) 
and (h) to read as follows:


Sec.  162.050-15  Designation of facilities.

    (a) Each request for designation as a facility authorized to 
perform approval tests must be submitted to Commandant, G-MSE-3, 2100 
2nd Street SW., Washington, DC 20593-0001.
* * * * *
    (d) If the facility meets the requirements in paragraphs (g)(1) 
through (g)(4) of this section, they must obtain 12 samples containing 
mixtures of oil in water that are within a 10-to-30 ppm range that can 
be verified by an independent third-party source mutually acceptable to 
the applying lab and the Coast Guard prior to verification.
    (e) The facility must measure the oil content of each sample using 
the method described in Sec.  162.050-39 and report the value of each 
of the 12 measurements to Commandant, G-MSE-3, 2100 2nd St. SW., 
Washington, DC 20593-0001.
    (f) * * *
    (3) The absolute value of Xd must be smaller than u 
based on the following analysis of paired observations:
    (i) Calculate the value of Xd and Sd. This is 
the mean and standard deviation, respectively, of the differences 
between the known sample concentrations and the values obtained by the 
facility with their equipment. The value of Xd for the 12 
measurements described in paragraph (e) of this section, or for 11 
measurements if paragraph (f)(2) of this section applies, must be 
within the range-1<=Xd<=+1.
    (ii) Determine the appropriate critical value of the Student's t 
distribution with (n-1) degrees of freedom for a confidence level of 
[alpha]=0.01. If all 12 samples meet the criteria of paragraph (f)(1) 
of this section then (n-1)=11 and the critical value,
[GRAPHIC] [TIFF OMITTED] TP03NO05.033


is 3.106. If paragraph (f)(2) of this section applies, then (n-1)=10 
and
[GRAPHIC] [TIFF OMITTED] TP03NO05.034

    .(iii) Compute the value of u, where
    [GRAPHIC] [TIFF OMITTED] TP03NO05.041
    

where n=12 if all samples meet the criteria of paragraph(f)(1) and n=11 
if paragraph (f)(2) applies.
    (iv) Compare the absolute value of Xd to the value of u. 
If [verbar]Xd[verbar]3O4) with a particle size distribution of 
which 90 percent is less than 10 microns, the remainder having a 
maximum particle size of 100 microns.
    (b) Test Fluid C must be prepared as needed for Sec.  162.050-23 or 
Sec.  162.050-35 by the following procedures:
    (1) Measure out 1.2 times the quantity of surfactant required from 
the WORKSHEET FOR DETERMINING CONSTITUENTS OF TEST FLUID C, see figure 
162.050-20;
    (2) Mix it with fresh water and stir well in a small container to 
make a mixture until the surfactant has been thoroughly dissolved;
    (3) Fill clean test fluid tank with fresh water with a quantity 1.2 
times the volume of the total quantity of water in the Test Fluid C 
needed for the test described in Sec.  162.050-23 and Sec.  162.050-35;
    (4) Operate the centrifugal pump B running at a speed of not less 
than 3,000 rpm with a flow rate at which the volume of the test fluid 
has been changed out at least once per minute;
    (5) Add the surfactant mixture from paragraph (b)(2) of this 
section first, followed by oil and suspended solids (iron oxides) 
respectively, both 1.2 times the required amounts, to the fresh water 
in the tank;
    (6) To establish a stable emulsion, keep running the centrifugal 
pump B for one hour and confirm no oil floats on the surface of the 
test fluid; and
    (7) After the one hour stated in paragraph (b)(6) of this section, 
keep running the centrifugal pump B at reduced speed to approximately 
10 percent of original flow rate, until the end of the test.

Figure 162.050-20--Worksheet for Determining Constituents of Test Fluid 
C

    1. Determine volumetric flow rate of separator in m\3\/hr.
    2. Determine net volume of fluid needed for testing with fluid 
C:
    a. Multiply Volumetric flow rate x 3 hours = Net volume (assumes 
conditioning time of approximately 30 minutes added to 2\1/2\-hour 
test period)
    3. Determine Volume of Test Fluid C:
    a. Multiply Net Volume * 0.06 = Fluid C Volume
    4. Determine amounts of constituents:
    a. Volume of Test Fluid C: 1.2 x Net Volume;
    b. Volume of Fresh Water in Test Fluid C: 0.9478 x Volume of 
Test Fluid C;
    c. Weight of Test Fluid A: 25 x Volume of Test Fluid C;
    d. Weight of Test Fluid B: 25 x Volume of Test Fluid C;
    e. Weight of Surfactant: 0.5 x Volume of Test Fluid C; and
    f. Weight of iron oxide: 1.7 x Volume of Test Fluid C.

Example

    1. Bilge separator is rated at 2m\3\/hr;
    2. Net Volume needed for the Test: Volume of test water: 2m\3\ x 
3 hours = 6m\3\;
    3. Volume Test Fluid C: 6 percent of test water = 0.06 x 6m\3\ = 
0.36m\3\;
    4. Actual Volume to be prepared:
    a. Volume of Test Fluid C to be prepared: 1.2 times the Net 
Volume of Test Fluid C = 1.2 x 0.36 = 0.432m\3\;
    b. Volume of fresh water in Test Fluid C: (947.8g/1000g) of Test 
Fluid C = 0.9478 x 0.432 = 0.4094m\3\;
    c. Weight of Test Fluid A: (25g/1000g) of Test Fluid C = 25/1000 
x 0.432 x 1000 = 10.8kg;
    d. Weight of Test Fluid B: (25g/1000g) of Test Fluid C = 25/1000 
x 0.432 x 1000 = 10.8kg;
    e. Weight of surfactant: (0.5g/1000g) of Test Fluid C = 0.5/1000 
x 0.432 x 1000 = 0.216kg; and
    f. Weight of iron oxide: (1.7g/1000g) of Test Fluid C) = 1.7/
1000 x 0.432 x 1000 x 0.734kg.

    19. In Sec.  162.050-21--
    a. In paragraph (b), add the words ``(Incorporated by reference, 
see Sec.  162.050-4)'' immediately after the words ``(dated April 8, 
1976)''.
    b. In paragraph (e), remove the words and figure ``twenty-four 
(24)'' and add, in their place, the figure ``24''.
    20. In Sec.  162.050-23--
    a. Remove paragraphs (a)(2), (c), (d), (e), (f), and (g);
    b. Redesignate paragraphs (a)(3) through (a)(13) as paragraphs 
(a)(2) through (a)(12);
    c. In newly designated paragraph (a)(11), remove the word and 
figure ``one (1)'' and add, in their place, the figure ``1'' and, in 
newly designated paragraph (a)(12), following the words ``Test No. 5'', 
remove the letter ``S'' and add, in its place, the letter ``A''; and
    d. Revise newly designated paragraph (a)(4) to read as set out 
below; and add new paragraphs (b), (c), and (d) to read as follows:


Sec.  162.050-23  Separator: Approval tests.

    (a) * * *
    (4) The influent water used in each test must be clean fresh water 
or clean fresh water in solution with sodium chloride. In either case, 
the relative density of the water must be no greater than 1.015 at 20 
[deg]C.
* * * * *
    (b) The following tests must be conducted using Test Fluid A:
    (1) Test No. 1A. The separator is filled with water and started. It 
is first fed with pure Test Fluid A for at least 5 minutes and then 
with a mixture of Test Fluid A and water influent containing Fluid A 
content of between 5,000 and 10,000 ppm until a steady flow rate 
occurs. After the flow rate is steady, the influent is fed to the 
separator for 30 minutes. Samples of separated water effluent are taken 
after the first 10 and 20 minutes. At the end of the 30-minute period, 
the air cock on the test rig is opened and, if necessary, the oil and 
water supply valves are closed to stop the flow of influent. A sample 
is then taken of the separated water effluent as the effluent flow 
ceases.
    (2) Test No. 2A. Repeat Test No. 1A in paragraph (b)(1) of this 
section using an influent containing approximately 25 percent oil and 
75 percent water. Percentage is on a by volume basis.
    (3) Test No. 3A. The separator is fed with 100 percent Test Fluid A 
until Fluid A is discharged at the oil discharge outlet of the 
separator at essentially the same rate that oil is being fed to the 
separator. The separator is then fed with 100 percent Test Fluid A for 
5 additional minutes. If any oily mixture is discharged from the 
separated water outlet on the separator during the test, that 
observation is recorded.
    (4) Test No. 4A. The separator is fed with water for 15 minutes. 
Samples of the separated water effluent are taken at the beginning of 
the test and after the first 10 minutes.
    (5) Test No. 5A. The separator is operated automatically for 3 
hours. During the test, the separator is continuously fed with an 
influent varying from water to a mixture of 25 percent Test Fluid A in 
water and back to water every 15 minutes. The Test Fluid A 
concentration in the influent is varied in at least five equal 
increments during each 15-minute period and the time intervals between 
the incremental changes are equal. During the last hour, the separator 
must be inclined at an angle of 22.5 [deg] with the plane of its normal 
operating position. During the last time increment in which the unit is 
fed a 25 percent Fluid A mixture, a sample of the separated water 
effluent is taken. If the separator stops at any time during this test, 
that observation is recorded.
    (c) The following tests shall be conducted using Test Fluid B:
    (1) Test No. 1B: Repeat Test No. 1A in paragraph (b)(1) of this 
section using Test Fluid B; and
    (2) Test No. 2B: Repeat Test No. 2A in paragraph (b)(2) of this 
section using Test Fluid B.
    (d) The following tests shall be conducted using Test Fluid C: Test 
No. 1C. The separator is fed with a mixture composed of 6 percent Test 
Fluid C and

[[Page 67080]]

94 percent water by volume such that the emulsified Test Fluid C 
content is approximately 3,000 ppm in the test water until a steady 
flow rate occurs. After the flow rate is steady, the influent 
containing the 6 percent Test Fluid C solution is fed to the separator 
operating automatically for 3 hours. Samples of separated water 
effluent are taken at 50 minutes and 100 minutes. At the end of the 3-
hour period, the air cock on the test rig is opened and, if necessary, 
the oil and water supply valves are closed to stop the flow of 
influent. A sample is then taken of the separated water effluent as the 
effluent flow ceases.
    21. In Sec.  162.050-25--
    a. In paragraph (c), add the words ``(Incorporated by reference, 
see Sec.  162.050-4)'' immediately after the words ``(dated April 8, 
1976)''.
    b. In paragraph (g), remove the word and figure ``twenty (20)'' and 
add, in their place, the figure ``20''.
    22. Revise Sec.  162.050-27 to read as follows:


Sec.  162.050-27  Cargo monitor: Approval tests.

    This section contains requirements that apply to cargo monitors.
    (a) Test conditions. (1) The tests and each step in the tests must 
be carried out in the order described in this section. Each test must 
be performed without time delay between steps in the test.
    (2) A test rig of the type described in Sec.  162.050-19 must be 
used in performing each test.
    (3) Each mixture used during the tests must be prepared by 
combining oil supplied from the oil injection pipe of the test rig and 
water supplied from the mixture tank of the test rig. However, if the 
flow of oil through the oil injection pipe becomes intermittent, oil 
and water may be combined in the mixture tank to form the mixture.
    (4) A mixture may be circulated through a monitor only once during 
testing.
    (5) Unless otherwise provided in a specific test, the water used in 
each test must be clean, fresh water.
    (6) The oil used in each test, except Test No. 2CM in paragraph (c) 
of this section, must be Arabian light crude oil.
    (7) Each test must be performed at an ambient temperature of 
between 10 [deg]C and 30 [deg]C.
    (8) Unless otherwise provided in a specific test, each test must be 
performed at the maximum mixture pressure, the maximum flow rate, and 
the power supply ratings at which the monitor is designed to operate.
    (9) The particulate contaminant described in Test No. 5CM in 
paragraph (f) of this section, if not attapulgite, must be of a type 
that does not lose more than three percent of its weight after ignition 
and must be insoluble in a 500 ppm mixture.
    (10) In each test the monitor must be operated in accordance with 
the procedures described in its instructions manual.
    (11) Unless otherwise provided in a specific test, the centrifugal 
pump shown in Figure 162.050-19 in Sec.  162.050-19 must be operated at 
1,000 revolutions per minute or more in each test.
    (12) Whenever the oil content of a mixture is recorded, a sample of 
the mixture must also be taken. The oil content of the sample must be 
measured using the method described in Sec.  162.050-39.
    (13) A one-liter sample of each oil to be used in testing must be 
taken and provided for use in the sample analysis required by Sec.  
162.050-39.
    (b) Test No. 1CM Calibration and Zero Test. The cargo monitor is 
calibrated and zeroed to manufacturer's instructions. It is then fed 
with water for 15 minutes and then with mixtures in the following 
concentrations: 15 ppm, 50 ppm, 100 ppm, and each additional 
concentration, in increments of 50 ppm up to the highest oil 
concentration that can be read on the monitor. Each mixture is fed to 
the monitor in the order listed in Table 162.050-27(c) for 15 minutes. 
Water is fed to the monitor for a 15-minute period between each 
mixture. At the end of each 15-minute period, an oil content reading is 
obtained and recorded.
    (c) Test No. 2CM Response to Different Oil Types Test. (1) If the 
cargo monitor is designed for use with crude oils, it is fed with a 
mixture of water and the first oil listed in Table 162.050-27(c) at the 
following concentrations: 15 ppm, 100 ppm, and a concentration that is 
90 percent of the highest oil concentration in water that can be read 
on the monitor. Each concentration is fed to the monitor in the order 
listed until a steady reading occurs and is recorded. After each steady 
reading is recorded, the monitor is fed with water for 15 minutes. At 
the end of each 15-minute period of feeding the monitor with water, an 
oil content reading is again obtained and recorded.
    (2) The steps described in paragraph (c)(1) of this section are 
repeated using each of the other oils listed in Table 162.050-27(c).

           Table 162.050-27(c).--Oil Type and Characteristics
------------------------------------------------------------------------
                Oil type                         Characteristics
------------------------------------------------------------------------
Sahara blend crude oil.................  Density--low.
                                         Viscosity--low.
                                         Pour point--very low.
                                         Producing country--Algeria.
                                         General description--mixed
                                          base.
Arabian light crude oil................  Density--medium.
                                         Viscosity--medium.
                                         Pour point--low.
                                         Producing country--Saudi
                                          Arabia.
                                         General description--mixed
                                          base.
Nigerian medium crude oil..............  Density--high.
                                         Viscosity--medium.
                                         Pour point--low.
                                         Producing country--Nigeria.
                                         General description--naphthenic
                                          base.
Bachaquero 17 crude oil................  Density--very high.
                                         Viscosity--very high.
                                         Pour point--low.
                                         Producing country--Venezuela.
                                         General description--asphaltic
                                          base.
Minas crude oil........................  Density--medium.
                                         Viscosity--high.

[[Page 67081]]

 
                                         Pour point--very high.
                                         Producing country--Indonesia.
                                         General description--paraffinic
                                          base.
Residual fuel oil......................  Bunker C or No. 6 Fuel Oil.
------------------------------------------------------------------------

    (3) If any oil listed in Table 162.050-27(c) is unavailable, an oil 
with similar properties may be substituted in testing.
    (4) If the monitor is to be used with refined oil products, the 
steps described in paragraph (c)(1) of this section are performed using 
each of the following:
    (i) Leaded regular grade automotive gasoline;
    (ii) Unleaded automotive gasoline;
    (iii) Kerosene; and
    (iv) Light diesel or No. 2 fuel oil.
    (5) If the monitor is to be used with category C and D oil-like 
noxious liquid substances to meet the requirements of 33 CFR 151.41(b), 
the tests described in paragraphs (c) and (d) of this section are to be 
performed using the substances for which approval is sought.
    (d) Test No. 3CM Response Time Test. (1) The cargo monitor is fed 
with water, zeroed, and then fed with a 100 ppm mixture. The time at 
which the monitor first detects oil in the mixture, the times of 
reading 63 ppm and 90 ppm, and the time of reaching the highest steady 
reading of oil content are recorded. The oil content of the mixture at 
the highest steady reading is also recorded.
    (2) The metering pump is turned off and the time at which the 
highest reading starts to decrease, the times of reading 37 ppm and 10 
ppm, and the time of returning to the lowest steady oil content reading 
are recorded. The oil content of the mixture at the lowest steady 
reading is also recorded.
    (3) The time interval between first detecting oil in the mixture 
and reading 63 ppm, and the time interval between the first decrease in 
the highest reading and reading 37 ppm, are averaged and recorded as 
the response time for the monitor.
    (e) Test No. 4CM Oil Fouling and Calibration Shift Test. (1) The 
cargo monitor is fed with water, zeroed, and then fed with a mixture 
containing 10 percent oil for one minute. The following times occurring 
during this procedure are recorded:
    (i) Time at which the monitor first detects oil;
    (ii) Time of reading 15 ppm;
    (iii) Time of reading 100 ppm;
    (iv) Time of exceeding the highest oil concentration that can be 
read on the monitor;
    (v) Time of returning to the highest oil concentration that can be 
read on the monitor;
    (vi) Time of returning to a reading of 100 ppm;
    (vii) Time of returning to a reading of 15 ppm; and
    (viii) Time of returning to the lowest steady oil content reading.
    (2) The oil content of the mixture at the lowest steady reading 
described in paragraph (e)(1)(viii) of this section is recorded.
    (3) The monitor is fed with water, zeroed, and then fed with oil 
for 1 minute after which the flow of water is resumed. The times 
described in paragraph (e)(1) of this section are recorded.
    (4) The monitor is fed with a 100 ppm mixture until a steady oil 
content reading is obtained and recorded.
    (f) Test No. 5CM Contaminant Test. (1) The monitor is fed with a 15 
ppm mixture until a steady oil content reading is obtained and 
recorded.
    (2) The cargo monitor is fed with a 15 ppm oil mixture of 
contaminated water consisting of not less than 270 ppm by weight of the 
clay mineral attapulgite, or similar contaminant that is stable in both 
fresh and salt water and 30 ppm by weight of iron oxides. The test 
contaminant should have a particle size distribution with about 30 
percent of 10 microns or less and a maximum particle size of 100 
microns. The oil content reading, when steady, is recorded.
    (3) Each of the two contaminants will be mixed sequentially in the 
following manner: the mixing of attapulgite shall be for a period of 
not less than 15 minutes so that a homogeneous suspension is formed; 
following, iron oxides will be added for an additional period of not 
less than 10 minutes. The mixing process should maintain the 
contaminants in suspension throughout the test period.
    (4) The test in paragraph (f)(2) of this section is repeated for 
100 and 300 ppm oil mixtures in contaminated water.
    (g) Test No. 6CM Air Entrainment Test. (1) The cargo monitor is fed 
with a 15 ppm mixture until a steady oil content reading is obtained 
and recorded.
    (2) Air is injected into the cargo monitor test rig before the 
sample pump or, in the absence of such pump, immediately before any 
conditioning unit used to prepare the mixture for measurement. 
Injection must be by needle having an orifice dimension not exceeding 
0.5 mm in diameter arranged in line with the sample flow. The quantity 
of air injected must be one percent of the designated flow rate of the 
sample pump or conditioning unit at the point of injection.
    (3) Air must be delivered to the system by direct injection or pump 
via a suitable measuring device designed to permit a constant 
controllable flow rate within 10 percent of the required 
rate of injection for an uninterrupted effective test period of not 
less than 15 minutes.
    (4) The oil content reading, when steady, is recorded.
    (h) Test No. 7CM Oil Particle Size--Centrifugal Pump Test. (1) The 
cargo monitor is fed with a 100 ppm mixture until a steady oil content 
reading is obtained and recorded.
    (2) The monitor is fed with a 100 ppm mixture that has first passed 
through the centrifugal pump of the test rig. The pump is run at one-
fourth of its design speed. The oil content reading, when steady, is 
recorded.
    (3) The steps described in paragraph (h)(2) of this section are 
repeated with the pump running at one-half of its design speed and then 
repeated at its design speed.
    (i) Test No. 8CM Temperature Test. (1) The steps described in 
paragraph (h)(1) of this section are repeated.
    (2) The temperature of the mixture is adjusted to 10 [deg]C and the 
flow continued until a steady oil content reading is obtained and 
recorded.
    (3) The steps described in paragraph (i)(2) of this section are 
repeated with the temperature of the mixture at 65 [deg]C or the 
highest mixture temperature at which the cargo monitor is designed to 
operate, whichever is lower.
    (j) Test No. 9CM Sample Pressure or Flow Test. (1) The steps 
described in paragraph (h)(1) of this section are repeated.
    (2) If the monitor has a positive displacement mixture pump, the 
mixture pressure is lowered to one-half of the monitor's maximum design 
pressure. If the monitor has a centrifugal

[[Page 67082]]

mixture pump, or is not equipped with a mixture pump, the mixture flow 
rate is reduced to one-half of the monitor's design flow rate. The 
reduced flow rate or mixture pressure is maintained until a steady oil 
content reading is obtained and recorded.
    (3) If the monitor has a positive displacement mixture pump, the 
mixture pressure is increased to twice the monitor's design pressure. 
If the monitor has a centrifugal mixture pump or does not have a 
mixture pump, the mixture flow rate is increased to twice the monitor's 
maximum design flow rate. The increased flow rate or mixture pressure 
is maintained until a steady oil content reading is obtained and 
recorded.
    (k) Test No. 10CM Shut-off Test. (1) The steps described in 
paragraph (h)(1) of this section are repeated.
    (2) The water and metering pumps on the test rig are stopped for 8 
hours after which the steps described in paragraph (h)(1) of this 
section are repeated.
    (l) Test No. 11CM Supply Voltage Variation Test. (1) The supply 
voltage to the cargo monitor is increased to 110 percent of its design 
supply voltage. The monitor is then fed a 100 ppm mixture for one hour. 
At the end of the 1-hour period, an oil content reading is obtained and 
recorded.
    (2) The steps described in paragraph (l)(1) of this section are 
repeated with the supply voltage to the monitor lowered to 90 percent 
of its design supply voltage.
    (3) Upon completing the steps described in paragraph (l)(2) of this 
section, the supply voltage to the monitor is returned to the design 
rating.
    (4) The steps described in paragraphs (l)(1) through (l)(3) of this 
section are repeated varying each power supply to the monitor in the 
manner prescribed in those steps for supply voltage.
    (m) Test No. 12CM Calibration and Zero Drift Test. (1) The monitor 
is calibrated and zeroed.
    (2) The steps described in paragraph (h)(1) of this section are 
repeated.
    (3) A 100 ppm mixture is fed to the monitor for 8 hours. At the end 
of the 8-hour period, an oil content reading is obtained and recorded.
    (4) The monitor is fed with water until a steady oil content 
reading is obtained and recorded.
    (n) Test No. 13CM Shut-down and Restart Test. (1) All power to the 
monitor is shut off for one week. After 1 week the monitor is started, 
zeroed, and calibrated.
    (2) The monitor is fed with a 100 ppm mixture for 1 hour. An oil 
content reading is then obtained and recorded.
    (3) The monitor is fed with water for 1 hour. An oil content 
reading is then obtained and recorded.
    (4) The steps described in paragraphs (n)(2) and (n)(3) of this 
section are repeated three additional times. During the last hour in 
which the monitor is fed with a 100 ppm mixture, the monitor is 
inclined at an angle of 22.5 [deg] with the plane of its normal 
operating position.


Sec.  162.050-29  [Removed]

    23. Remove Sec.  162.050-29.


Sec.  162.050-31  [Removed]

    24. Remove Sec.  162.050-31.
    25. In Sec.  162.050-33, in paragraph (b), remove the paragraph 
designator ``(g)'' and add, in its place, the paragraph designator 
``(f)''; in paragraph (c)(1), remove the abbreviation ``p.p.m'', and 
add, in its place, the letters ``ppm''; and add new paragraphs (d), 
(e), (f), (g), and (h) to read as follows:


Sec.  162.050-33  Bilge alarm: Design specification.

* * * * *
    (d) Each bilge alarm must have a ppm display. Emulsions and/or the 
type of oil must not affect the ppm display. Calibrating the bilge 
alarm must not be necessary once installed on board the vessel, 
however, on board testing in accordance with the manufacturer's 
instructions is permitted. The accuracy of the readings must at all 
times remain within the limits described in paragraph (c)(1) of this 
section.
    (e) Each bilge alarm must be designed so that it displays each 
change in oil content of the mixture it is measuring within 5 seconds 
after the change occurs.
    (f) Access to the bilge alarm beyond checking instrument drift must 
be limited; repeatability of the instrument reading and the ability to 
re-zero the instrument must require the breaking of a seal.
    (g) Each bilge alarm must activate its alarm whenever clean water 
is used for cleaning or zeroing purposes.
    (h) The bilge alarm must record date, time, alarm status, and 
operating status of the 15 ppm bilge separator. The recording device 
must also store data for at least 18 months and be able to display or 
print a protocol. In the event the 15 ppm bilge alarm is replaced, 
means must be provided to ensure the data recorded remains available on 
board for 18 months.
    26. Revise Sec.  162.050-35 to read as follows:


Sec.  162.050-35  Bilge alarm: Approval tests.

    This section contains requirements that apply to bilge alarms.
    (a) Test conditions. (1) Each test must be conducted under the 
conditions prescribed for cargo monitors in Sec. Sec.  162.050-27(a)(1) 
through (a)(5), (a)(7), (a)(8), (a)(10), (a)(11), and (a)(13).
    (2) The tests in this section shall be performed using test fluids 
described in Sec.  162.050-20.
    (3) The oil content of each sample must be measured using the 
method described in Sec.  162.050-39.
    (b) Test No. 1A Calibration and Zero Test. (1) The bilge alarm is 
calibrated and zeroed to manufacturer's instructions.
    (2) It is then fed with water for 15 minutes and then with a 
mixture of Test Fluid A and water in the following concentrations: 0 
ppm, 15 ppm, and the highest oil concentration that can be read on the 
monitor. A sample of the mixture causing actuation of the alarm is 
taken. The alarm is then fed with water for 15 minutes.
    (3) Repeat steps in paragraphs (b)(1) and (2) of this section first 
using Test Fluid B and then again with Test Fluid C. Collect samples as 
required in the test for each run of Test Fluid B and Test Fluid C.
    (4) If the bilge alarm must be calibrated and re-zeroed between 
test fluids, this shall be noted in the test report.
    (c) Test No. 2A Contaminant Test. (1) The bilge alarm is fed for 5 
minutes with a 10 ppm mixture of Test Fluid B and water. At the end of 
the 5-minute period an oil content reading is obtained and recorded.
    (2) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture 
of Test Fluid B and water contaminated with a 10 ppm concentration of 
iron oxide. Any change in the bilge alarm reading during the 5 minutes 
is recorded.
    (3) Repeat steps in paragraphs (c)(1) and (2) of this section using 
iron oxide concentrations of 50 ppm and 100 ppm.
    (4) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture 
of Test Fluid B and water. At the end of the 5-minute period an oil 
content reading is obtained and recorded.
    (5) The bilge alarm is fed for 5 minutes with a 10 ppm mixture of 
Test Fluid B and fresh water with 6 percent sodium chloride. Any change 
in the bilge alarm reading is recorded.
    (d) Test No. 3A Sample Pressure or Flow Test. (1) The bilge alarm 
is fed with a mixture of Test Fluid B and water and the test fluid 
content of the mixture is increased until the bilge alarm actuates. The 
ppm display is recorded and a sample of the mixture causing actuation 
of the alarm is taken.
    (2) If the alarm has a positive displacement mixture pump, the

[[Page 67083]]

mixture pressure is reduced to one-half of the alarm's maximum design 
pressure. If the alarm has a centrifugal mixture pump or is not 
equipped with a mixture pump, the mixture flow rate is reduced to one-
half of the alarm's maximum design flow rate. After reduction of 
pressure or flow rate, the oil content in the mixture is increased 
until the alarm actuates. The ppm display is recorded and a sample of 
the mixture causing actuation of the alarm is taken.
    (3) If the alarm has a positive displacement mixture pump, the 
influent pressure is increased to twice the alarm's minimum design 
pressure. If the alarm has a centrifugal mixture pump or if the alarm 
is not equipped with a mixture pump, the influent flow rate is 
increased to twice the alarm's maximum design flow rate. After 
increasing the pressure or flow rate, the oil content in the mixture is 
increased until the alarm actuates. The ppm display is recorded and a 
sample of the mixture causing actuation is taken.
    (e) Test No. 4A Shut-off Test. (1) The steps described in paragraph 
(d)(1) of this section are repeated.
    (2) The metering and water pumps of the test rig are stopped for 8 
hours with the bilge alarm left turned on with no other changes made.
    (3) The metering and water pumps are started and the Test Fluid B 
content of the mixture is increased until the bilge alarm actuates. A 
sample of the mixture causing actuation is taken. The bilge alarm ppm 
display readings before and after the 8-hour period will be recorded.
    (f) Test No. 5A Supply Voltage Variation Test. (1) The supply 
voltage to the bilge alarm is raised to 110 percent of its design 
supply voltage. The bilge alarm is fed with a mixture of Test Fluid B 
and water and the test fluid content of the mixture is increased until 
the bilge alarm actuates. The ppm display is recorded and a sample of 
the mixture causing actuation is taken.
    (2) The supply voltage to the alarm is lowered to 90 percent of its 
design supply voltage. The bilge alarm is fed with a mixture of Test 
Fluid B and water and the test fluid content of the mixture is 
increased until the bilge alarm actuates. The ppm display is recorded 
and a sample of the mixture causing actuation is taken.
    (3) Upon completion of the steps described in paragraph (f)(2) of 
this section, the supply voltage to the alarm is returned to its design 
value.
    (4) The steps described in paragraphs (f)(1) through (f)(3) of this 
section are repeated varying each other power supply to the alarm in 
the manner prescribed in those steps for supply voltage.
    (g) Test No. 6A Calibration and Zero Test. (1) The steps described 
in paragraph (b)(1) of this section are repeated and then the steps in 
paragraph (d)(1) of this section are repeated.
    (2) The bilge alarm is fed with a 15 ppm mixture of Test Fluid B 
and water for eight hours and any calibration drift is recorded. 
Samples of the mixture must be taken at the beginning of the test and 
at 2-hour intervals until the completion of the 8-hour period.
    (3) The steps in paragraph (g)(2) of this section are repeated 
using clean, oil-free water only. Any zero drift is recorded.
    (h) Test No. 7A Response Time Test. (1) The bilge alarm is fed with 
a 40 ppm mixture of Test Fluid B and water until the bilge alarm 
actuates. The time of turning on the metering pump of the test rig and 
the time of alarm actuation are recorded. The flow rate on the flow 
meter of the test rig is also recorded.
    (i) Test No. 8A Shut Down and Re-start Test. (1) All power to the 
bilge alarm is shut off for 1 week. After 1 week the alarm is then 
started, zeroed, and calibrated.
    (2) The steps described in paragraph (d)(1) of this section are 
repeated. Water is then fed to the monitor for 1 hour.
    (3) The steps described in paragraph (i)(2) of this section are 
repeated seven additional times. During the last hour, the alarm must 
be inclined at an angle of 22.5 [deg] with the plane of its normal 
operating position.
    27. In Sec.  162.050-37, in paragraph (b), remove the figure ``4'' 
and add, in its place, the word ``2''; redesignate paragraphs (b)(1) 
through (3) as paragraphs (b)(1)(i) through (iii); redesignate 
paragraph (b) introductory text as (b)(1) and designate the 
undesignated paragraph as (b)(2); and add paragraph (c) to read as 
follows:


Sec.  162.050-37  Vibration test.

* * * * *
    (c) After completion of the test described in paragraph (b) of this 
section, the test must be repeated and any significant change in the 
vibration pattern will be noted in the test report.
    28. Revise Sec.  162.050-39 to read as follows:


Sec.  162.050-39  Measurement of oil content.

    (a) The collection and testing of all samples of oil in water from 
the required test will be accomplished in accordance with ISO 9377-2 
(2000), Water Quality--Determination of hydrocarbon oil index--Part 2: 
Method Using solvent extraction and Gas Chromatography (Incorporated by 
reference, see Sec.  162.050-4).
    (b) Testing facilities may continue to use the infrared 
spectrophotometer assay in lieu of ISO 9377-2, so long as supplies of 
reagents necessary for the testing are available.

    Dated: October 24, 2005.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 05-21573 Filed 11-2-05; 8:45 am]
BILLING CODE 4910-15-P