[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Rules and Regulations]
[Pages 3364-3393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-802]



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Part VII





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; Final Rule

  Federal Register / Vol. 74 , No. 11 / Friday, January 16, 2009 / 
Rules and Regulations  

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 155 and 157

46 CFR Part 162

[Docket No. USCG-2004-18939]
RIN 1625-AA90


Pollution Prevention Equipment

AGENCY: Coast Guard, DHS.

ACTION: Interim rule; request for comments.

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SUMMARY: The Coast Guard is amending its oil 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 will implement MARPOL Annex I 
regulations and are intended to reduce the amount of oil discharged 
from vessels and eliminate the use of ozone-depleting solvents in 
equipment tests. This interim rule will require all vessels replacing 
or installing oil separators and bilge alarms to install equipment that 
meets revised standards and it will require newly constructed vessels 
carrying oil in bulk to install monitoring systems that meet the 
revised standards. We have delayed the implementation of three 
paragraphs involving vessels constructed and equipment installed on or 
after January 1, 2005. We seek comments on these three paragraphs and 
will consider those comments before issuing a final rule.

DATES: Effective dates: This interim rule is effective March 17, 2009, 
with the exception of paragraphs 33 CFR 155.350(a)(3), 155.360(a)(2), 
and 155.370(a)(4), which are effective October 13, 2009.
    Comment date: Comments on paragraphs 33 CFR 155.350(a)(3), 
155.360(a)(2), and 155.370(a)(4) must reach the Docket Management 
Facility on or before April 16, 2009.
    Incorporation by reference: The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of March 17, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2004-18939 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call Mr. Wayne Lundy, Systems Engineering Division (CG-5213), 
Office of Design and Engineering Standards, U.S. Coast Guard, telephone 
202-372-1379. If you have questions on viewing or submitting material 
to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation and Request for Comments
    A. Submitting comments
    B. Viewing comments and documents
    C. Privacy Act
    D. Public meeting
II. Abbreviations
III. Regulatory History
IV. Background and Purpose
    A. Types of Equipment
    B. Authority
    C. International Standards Being Implemented
V. Discussion of Comments and Changes
    A. Test and Performance
    B. Measurement of Oil Content
    C. Calibration
    D. Training
    E. Operating Requirements
    F. Simulated Shipborne Environment
    G. Operating Manual
    H. Applicability
    I. PPE Alternatives
    J. Data Recording
    K. Test Rig
    L. Response Time
    M. Test Fluid
    N. Incorporating MEPC.107(49) by Reference
    O. Test Report
    P. Cleaning Detergent in Engine Room
    Q. PPE Design
    R. Oil Categories
    S. Beyond the Scope of This Rulemaking
    T. Changes from Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. 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://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2004-18939), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2004-18939'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand 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 and may change this rule 
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2004-18939 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. If you do not have 
access to the internet, you may view the

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docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

D. 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.

II. Abbreviations

 
 
 
API.........................................................................  American Petroleum Institute
CFC 113.....................................................................  Chlorofluorocarbon-113
CFR.........................................................................  Code of Federal Regulations
DHS.........................................................................  Department of Homeland Security
EPA.........................................................................  Environmental Protection Agency
FR..........................................................................  Federal Register
GC Method...................................................................  Replacement hydrocarbon-gas
                                                                               chromatography method
GMT.........................................................................  Greenwich Mean Time
IMO.........................................................................  International Maritime
                                                                               Organization
IOPP........................................................................  International Oil Pollution
                                                                               Prevention
IR method...................................................................  Freon-infrared spectrophotometer
                                                                               method
ISO.........................................................................  International Organization for
                                                                               Standardization
MARPOL......................................................................  International Convention for the
                                                                               Prevention of Pollution from
                                                                               Ships
MEPC........................................................................  Marine Environment Protection
                                                                               Committee
NARA........................................................................  National Archives and Records
                                                                               Administration
NEPA........................................................................  National Environmental Policy Act
NPDES.......................................................................  National Pollution Discharge
                                                                               Elimination Standards
NPRM........................................................................  Notice of Proposed Rulemaking
NTTAA.......................................................................  National Technology Transfer and
                                                                               Advancement Act
OCIMF.......................................................................  Oil Companies International Marine
                                                                               Forum
OMB.........................................................................  Office of Management and Budget
ORB.........................................................................  Oil Record Book
OWS.........................................................................  Oily-Water Separator
PPM.........................................................................  Parts Per Million
Sec.  ......................................................................  Section symbol
SRM.........................................................................  Standard Reference Material
UL..........................................................................  Underwriters Laboratories, Inc.
U.S.C.......................................................................  United States Code
USDA........................................................................  United States Department of
                                                                               Agriculture
 

III. Regulatory History

    On November 3, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Pollution Prevention Equipment'' in the Federal 
Register (70 FR 67066). We received 17 letters containing 80 comments 
on the proposed rule. No public meeting was requested and none was 
held.
    On December 15, 2005, we published a correction notice in the 
Federal Register (70 FR 74259). The NPRM, as published, contained the 
phrase ``must be limited'' at two points, once in the preamble and once 
in the regulatory text. We deleted that phrase because it was inserted 
by error and could have confused readers.

IV. Background and Purpose

    This interim rule will implement international standards for oil 
pollution prevention equipment designed for ships and oil tankers. 
These standards address the testing, certification, and approval for 
oil pollution prevention equipment, including discharge monitors, which 
will help prevent oily discharges from a ship into the water.

A. Types of Equipment

    There are two types of equipment involved in this rulemaking that 
deal with oil, water, and other substances that collect in the 
machinery space bilges of ships:
    A bilge separator (also referred to as oily-water separator), is 
designed to produce an effluent from the bilge of ships with oil 
content of 15 parts per million (ppm) or less; and
    A bilge alarm is designed to activate an automatic stopping device 
when the oil content concentration exceeds 15 ppm, and thus stop any 
discharge overboard of oily-mixtures with an oil content exceeding 15 
ppm.
    This rulemaking also involves equipment used on tankers to process 
oil-tanker ballast and tank-washing water. The oil discharge monitoring 
and control system (``monitoring system'') monitors the discharge into 
the sea of oily ballast or other oil-contaminated water from the cargo 
tank areas. This monitoring system contains an oil content meter 
(hereinafter ``meter'') that measures the oil content of the effluent 
in ppm.

B. Authority

    The Coast Guard has authority to issue this regulation. Under the 
Act to Prevent Pollution from Ships, Public Law 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 Annex I (Regulations for the 
prevention of pollution by oil) of the International Convention 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, Public Law 98-89, 97 Stat. 500, 504, 522, subtitle II 
of title 46 of the U.S. Code (46 U.S.C.), specifically 46 U.S.C. 3703, 
the Secretary in which the Coast Guard is operating is authorized to 
issue

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equipment regulations, and related maintenance and training 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).

C. International Standards Being Implemented

    This rulemaking implements revisions to the international oil 
pollution prevention standards for ships in MARPOL Annex I, 
specifically regulations 14, 18, and 31. Under Article 38 of the 
Convention on the International Maritime Organization (IMO), the IMO 
Marine Environment Protection Committee (Committee) is designated to 
consider IMO matters involving the prevention and control of marine 
pollution from ships.
    In 1992, during its 33rd session, the Committee adopted a 
resolution, MEPC.60(33), containing guidelines and specifications for 
pollution prevention equipment for machinery space bilges of ships. In 
2003, recognizing the advancement of technology since 1992, the 
Committee adopted resolution MEPC.107(49), which contained new 
guidelines and specifications that superseded those adopted in 1992.
    The MEPC.107(49) changed the fluids used to test pollution 
prevention equipment so they would more closely represent the bilge 
wastes encountered on vessels. Emulsified oil in water, surfactants 
(for example, detergents), and other contaminants are typically found 
in bilge water. Under MEPC.107(49), the bilge separator must be capable 
of separating the oil from the emulsion to produce an effluent with an 
oil content not exceeding 15 ppm.
    The MEPC.107(49) also changed the method by which oil content is 
measured in effluent samples during the approval process. Past methods 
permitted the use of ozone-depleting solvents, specifically carbon 
tetrachloride and Freon 113 (CFC 113). Both an international treaty and 
United States laws call for phasing out the use of these solvents. See 
the Montreal Protocol on Substances that Deplete the Ozone Layer 
(``Montreal Protocol''), Sept. 16, 1987, 26 I.L.M. 1550, and Title VI 
of the Clean Air Act, 42 U.S.C. 7671-7671q. Accordingly, MEPC.107(49) 
specifies a different test method that does not use ozone-depleting 
solvents.
    The MEPC.107(49) guidelines and specifications were incorporated 
into Annex I after the 2004 adoption of resolution MEPC.117(52), which 
led to the revision of MARPOL Annex I. On January 1, 2007, the revised 
Annex I came into force. Resolution MEPC.107(49) is incorporated into 
Regulation 14 (Oil filtering equipment) of the revised Annex I.
    Additionally, in 2003, the Committee also adopted resolution 
MEPC.108(49), which revised guidelines and specifications for oil 
discharge monitoring and control systems for oil tankers constructed 
after 2004. These new guidelines and specifications were incorporated 
into Regulations 18 (Segregated Ballast Tanks) and 31 (Oil discharge 
monitoring and control system) of the revised Annex I and apply to oil 
content meters as part of oil discharge monitoring and control systems 
installed on tankers constructed after 2004. Because of revisions to 
MARPOL Annex II, effective January 1, 2007, neither resolution 
MEPC.108(49) nor the resolution it is replacing, A.586(14), are 
referenced in Annex II.
    The new MEPC.108(49) guidelines and specifications call for:
     Only one category of a monitoring system to apply to all 
tankers of 150 gross tonnage and above;
     The monitoring system to be able to record position 
(latitude and longitude) from a vessel-position indicating device, 
allowing more accurate input of speed parameters;
     Greater control of oil mixture discharges by tightening 
the accuracy requirements for both the oil content meter and the 
flowmeter; and
     A more objective specification for identifying crude oils: 
Simply by number and assigned characteristics and parameters--such as 
density, viscosity, and cloud point--rather than geographical 
denominations used in Resolution A.586(14).
    See IMO Subcommittee on Ship Design and Equipment Report to the 
Maritime Safety Committee, DE 46/32 at 12 & 13 (April 4, 2003).

V. Discussion of Comments and Changes

    In response to our NPRM, we received a total of 80 comments 
reflected in the 73 issues presented below.

A. Test and Performance

    Commenters raised 18 issues regarding the testing and performance 
of PPE.
    Issue 1: One commenter stated that the paragraph 1.2.15, Shutoff 
test in the Annex to MEPC.108(49) for the oil content meter 
(``meter''), should be renamed the ``Dry Operation While Energized 
Test'' and that to ensure that our regulation achieves its apparent 
purpose--allowing observation of the reaction of a non-lubricated 
meter, the shutoff time should be increased to at least 24 hours.
    Response: The Coast Guard disagrees. The duration of shutoff we 
specify in 46 CFR 162.050-27(k) matches MEPC.108(49): 8 hours. This 
simulates a short period of inactivity of the meter, and thus we 
believe the current title is accurate. Adding 1 to 2 days to this test 
is not necessary. Our shutdown and restart test in 46 CFR 162.050-27(n) 
maintains the existing 1-week shutdown requirement.
    While we did not change the title of the Shutoff test, this and 
other comments demonstrated the need to better align our terms with 
MEPC.108(49) as well as our current pollution certificate requirements 
in 33 CFR part 151, subpart A. In aligning with MEPC.108(49), we have 
removed the term ``cargo monitor'' because it can be interpreted either 
as a oil content meter or oil discharge monitoring and control system 
(``monitoring system''). In 33 CFR part 157, we no longer use ``cargo 
monitor'' to identify the ``monitoring system.'' Also, in 46 CFR part 
162, we have replaced the term ``cargo monitor'' with the term ``oil 
content meter.'' In defining ``oil content meter'', we used the same 
definition for ``cargo monitor'' in the proposed rule, except that we 
removed a reference to a recordkeeping function. To ensure uniformity 
in the CFR parts involved, we made nomenclature changes in some 
sections or paragraphs that were not included in the proposed rule: 
Sec. Sec.  155.380(a) and (b), 157.03 ``clean ballast'' definition 
paragraph (2), 157.11(b)(2)(iii), 157.37(a)(6), (c) and (d), 157.43(a) 
and (b), 162.050-5(a)(8), 162.050-7(i), 162.050-11(a) and (b)(8), and 
162.050-19(a) and (c).
    Issue 2: After discussing the 8-hour shutoff test in paragraph 
2.2.8 of the Annex to MEPC.107(49), which was reflected in Sec.  
162.050-35(e) of our proposed rule, one commenter said that the 46 CFR 
subpart 162.050 test protocol requiring bilge alarms to be shutoff for 
7 days should be retained as the true ``ShutOff'' test.
    Response: The current requirement in Sec.  162.050-35(i), Test No. 
7A , specifies that the bilge alarm be shutoff for 1 week and then 
tested. We have retained this useful 1-week shutoff test in Sec.  
162.050-35(i) of the interim rule and renamed it ``Test No. 8A Shutdown 
and Restart Test.'' We have also retained the 8-hour shutoff test 
appearing in Sec.  162.050-35(e), Test No. 4A Shutoff Test, of the 
proposed rule. We made no changes from the proposed rule based on this 
comment.
    Issue 3: One commenter stated that the ``Calibration and Zero 
Test'',

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paragraph 1.2.5 of the Annex to MEPC.108(49), uses ``calibration'' for 
what we would classify as ``capability,'' and that this test should be 
run as a comparative test with the influent and effluent sampled as the 
cargo monitor (monitoring system) output display is read and recorded. 
The commenter also stated the value of the influent and effluent should 
be within 10 parts per million (ppm) of the cargo monitor 
display at the time of sampling.
    Response: The Coast Guard disagrees with the commenter. We believe 
that this test constructs a calibration curve up to the maximum 
capability of the equipment. The fact that this test also establishes 
the capability of the unit is secondary to its intended purpose. 
However, this comment has revealed that this testing requirement was 
insufficiently written in the NPRM as it did not specifically mention 
the creation of a calibration curve. The regulatory text in 46 CFR 
162.050-27(b) and (c) has been revised to correct this omission.
    Regarding the 10 ppm comment, this was addressed in 
proposed Sec.  162.050-7(i)(2) (Approval procedures), which we did not 
change in the interim rule.
    Issue 4: One commenter said that the ``Oil Fouling and Calibration 
Shift Test'', paragraph 1.2.9 of the Annex to MEPC.108(49), should be a 
comparative test with the only other requirement being that the 
monitoring system be capable of being cleaned or self-cleaned from the 
influent. The commenter also noted that using the test stand's current 
configuration may allow heavy oil to permeate the fittings on the test 
stand plumbing and cause fluctuations in the influent concentration.
    Response: This comment made us realize that we should have included 
a sentence from MEPC.108(49) in our proposed rule. To correct this 
omission, we have redesignated Sec.  162.050-27(e)(4) as (e)(5) and 
inserted a new paragraph (e)(4) that reads: ``If it is necessary to 
clean the meter after each oil-fouling test for it to return to a zero 
reading, this fact and the time required to clean and recalibrate the 
meter must be noted and recorded in the test report.'' Regarding the 
permeation of heavy oil in the test stand setup, we note this comment, 
but are adhering to MEPC.108(49) test stand specifications. 
Observations such as these should be included in the lab report.
    Issue 5: One commenter suggested revising Sec.  162.050-20(b)(2) to 
include a specific dilution ratio or stating that the amount of water 
added must be accounted for in the volume added under paragraph Sec.  
162.050-20(b)(3).
    Response: The Coast Guard disagrees with this suggestion. We 
believe that the overall ratio for fluid C (for the testing of oily 
water separators and bilge alarms) is dictated by paragraph (a)(3) of 
Sec.  162.050-20. In paragraph (b)(2), the proposed regulations call 
for the mixing of the surfactant with water in a ``small container.'' 
We believe that the amount of water needed to make the surfactant 
solution is insignificant compared to the amount of water required for 
paragraph (b)(3). We have amended the regulatory text, however, to 
clarify that the amount of water that may be used to comply with 
paragraph (b)(2) must be the minimum required for the creation of a 
complete surfactant solution.
    Issue 6: One commenter stated that a new paragraph should be added 
near Sec.  162.050-23(a) that bars changing filters, manually cleaning 
filters, or replacing consumable items during or between the tests.
    Response: We agree with the concern expressed by the commenter, but 
note that the existing 46 CFR 162.050-23(a)(11) prohibits maintenance 
of the separator during or between the tests. In the interim rule, this 
paragraph has been redesignated as (a)(10). We made no changes from the 
proposed rule based on this comment.
    Issue 7: One commenter said that the Coast Guard should consider 
influent concentrations tests of 200 ppm and 1,000 ppm because common 
separator technologies, such as gravity coalescence, generally have an 
easier time separating higher concentrations of oil in water.
    Response: The Coast Guard disagrees. While gravity coalescence may 
demonstrate better performance at the stated concentrations, it would 
be difficult to stipulate optimum concentrations for each method 
without making the test regime overly prescriptive. Therefore, we made 
no changes from the proposed rule based on this comment.
    Issue 8: One commenter asked if the concentration stated in Sec.  
162.050-23(b)(1) should be constant throughout Test 1A or vary between 
5,000 and 10,000 ppm. If the concentration should be constant, the 
commenter recommended setting a specific concentration. If not, then 
require that the same user-selected concentration also be used in Test 
1B.
    Response: The recognized lab must select a concentration within a 
range of 5,000 to 10,000 ppm. The selected concentration must remain 
consistent throughout the test. We have made a slight revision in the 
text of Sec.  162.050-23(b)(1) to make this point clearer. The same 
test run for test fluid B could be at a different concentration within 
the same range, but again we have decided to leave this selection to 
the discretion of the test lab.
    Issue 9: One commenter stated that calibration and zeroing should 
be allowed only at the onset of the bilge alarm tests if the 
manufacturer recommends it.
    Response: The Coast Guard agrees. We revised Sec.  162.050-35(b)(3) 
to remove the calibration and re-zeroing requirement between tests. 
This requirement should not have been included in the proposed rule.
    Issue 10: One commenter said that a new paragraph (a)(4) should be 
added to Sec.  162.050-35 and read as follows: ``No maintenance, 
including replacement of parts, may be performed on a bilge alarm 
during or between the tests described in this section.'' The commenter 
also added that because this applies to separator approval tests, it 
should apply to bilge alarms too.
    Response: The Coast Guard agrees with the need for a revision, but 
we have revised a different paragraph. We added a sentence--``No 
maintenance, including replacement of parts, may be performed on a 
meter during or between the tests described in this section.''--to 
Sec.  162.050-27(a)(1). These requirements must be complied with for 
bilge alarm approval tests under a new Sec.  162.050-35(a)(1).
    Issue 11: One commenter suggested adding new steps in the 
calibration and zero test between paragraphs (b)(2) and (b)(3) in Sec.  
162.050-35 to ensure the bilge alarm makes the correct decision of 
allowing or disallowing overboard discharge. Another commenter 
recommended adding new steps in the calibration and zero drift test 
between paragraphs (g)(2) and (g)(3) in Sec.  162.050-35 to ensure the 
bilge alarm makes the correct decision of allowing or disallowing 
overboard discharge.
    Response: In both cases, the Coast Guard disagrees. Tests for the 
concentration that triggers the alarm and how long the alarm takes to 
be triggered are already contained in Sec.  162.050-35(d) (ppm level 
sample pressure or flow test) and (h) (response time test). The results 
of these two tests will indicate whether the bilge alarm activates an 
automatic stopping device when it should and thus stop the discharge 
overboard of oily mixtures with an oil content exceeding 15 ppm. 
Therefore, we did not make the requested changes.
    Issue 12: One commenter stated that the pass/fail criteria for the 
test in Sec.  162.050-35(c) is unclear.
    Response: The criteria for approval of a bilge alarm for 
certification are contained in 46 CFR 162.050-7(j) and

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include an accuracy standard of 15 ppm 5 ppm. We made no 
changes based on this comment.
    Issue 13: One commenter recommended testing the bilge alarm at the 
minimum and maximum design pressure or flow rate instead of one half 
and at twice the maximum design pressure or flow rate. They stated 
testing the bilge alarm at twice the maximum design pressure does not 
provide useful information and may damage the unit.
    Response: While the recommendation appears to provide a sound 
alternative, we have maintained the current language of Sec.  162.050-
35(d) because it is consistent with paragraph 2.2.7 of the Annex for 
MEPC.107(49). Further, this test has been used internationally for 
several years, and we are not aware of any bilge alarms damaged by this 
test. We made no changes from the proposed rule based on this comment.
    Issue 14: One commenter asked if the purpose of the last phase of 
Test No. 6A in proposed Sec.  162.050-35(g)(3) was to collect samples 
of clean water. If not, then the procedure requires clarification.
    Response: The purpose of this last phase is not to collect samples 
of clean water. To provide clarification, we have revised paragraph 
(g)(3) to better align it with paragraph 2.2.10 of the Annex to 
MEPC.107(49).
    Issue 15: One commenter recommended adding language to start Test 
No. 7A in Sec.  162.050-35(h) with a 0 ppm injection until the bilge 
alarm stabilizes and diverts flow ``overboard,'' followed by the 40 ppm 
injection. Furthermore, the commenter stated if you start at 40 ppm, 
the actuation point for the alarm may not be observed.
    Response: The Coast Guard disagrees. We believe that the 
requirement in the preceding test in Sec.  162.050-35(g)(3) 
accomplishes the initial conditions the commenter seeks by adding a 0 
ppm injection in Sec.  162.050-35(h) for Test No. 7A and, as specified 
in Sec.  162.050-35(a), these tests must be performed in sequence. We 
made no changes from the proposed rule based on this comment.
    Issue 16: One commenter said that Test No. 6A in Sec.  162.050-
35(g) should be titled ``Calibration and Zero Drift Test'' to 
distinguish it from Test No. 1A in the same section.
    Response: The Coast Guard agrees. We have revised the test name to 
``Test No. 6A Calibration and Zero Drift Test.''
    Issue 17: One commenter stated that the lab representative 
conducting the test should verify and state on the test report all 
parameters of the testing, including the test's start and end time. The 
report should include verification and documentation that all test 
fluids were in conformity with those specified and that test fluid C 
was a ``stable'' emulsion. This should apply to the tests for both the 
monitoring system and the separator. Any unit submitted without testing 
all three fluids concurrently should be rejected.
    Response: The Coast Guard believes that the information currently 
required in test reports by 46 CFR 162.050-9 is sufficient for a 
determination of whether MEPC PPE standards have been met. We also 
believe that the regulations, as proposed and adopted in this interim 
rule, are clear that the three test fluids should be tested for both 
the separator and bilge alarm, in order, and as one continual series of 
tests, without pause, as far as practicable. We made no changes based 
on this comment.
    Issue 18: One commenter said that the 15 ppm bilge alarm device 
functions as a key component in the overall performance of the 
separating equipment. Therefore, these 15 ppm bilge alarm devices 
should also be included in the separator testing procedure so the 
accuracy can be measured against the chemical analysis of the clean 
water discharge.
    Response: The Coast Guard disagrees that all bilge alarms should 
always be tested with separators, however, separators with integral 
bilge alarms should be tested as one unit. Therefore, we have added new 
paragraph Sec.  162.050-23(a)(13) stating: ``If a separator has an 
integral bilge alarm, the separator must be tested with the bilge alarm 
installed.''

B. Measurement of Oil Content

    Commenters raised eight issues regarding the measurement of oil 
content.
    Issue 19: One commenter suggested eliminating Sec.  162.050-39(b) 
to better conform with IMO resolutions MEPC.107(49) and MEPC.108(49) 
because the infrared spectrophotometer assay mentioned in that 
paragraph is not permitted in the current IMO regulations. The 
commenter also believes the reagent used in the infrared 
spectrophotometer assay is no longer available in its pure, unused 
form.
    Response: The Coast Guard agrees. We do not believe that any 
laboratories would benefit from a phasing-out of the test permitted 
under Sec.  162.050-39(b). Therefore, this paragraph has been removed 
consistent with our stated goal of eliminating the use of ozone-
depleting reagents required by the test in Sec.  162.050-39(b).
    Issue 20: One commenter asked if the Coast Guard knows the ``error 
bar'' for the International Organization for Standardization (ISO) 
method given the different ways it may be performed. The commenter 
suggested adding the error bar to the 15 ppm value so as not to 
preclude a separator whose ``real'' performance is 15 ppm or less. 
Another commenter stated the Coast Guard should ensure that the 
replacement hydrocarbon-gas chromatography (GC) method provides results 
comparable to the freon-infrared spectrophotometer (IR) method, and 
apply an adjustment factor to the ISO results if warranted.
    One commenter said that the MEPC requires the use of ISO 9377-2 to 
determine oil content of separator and bilge alarm samples. The 
commenter recommended that the Coast Guard use EPA's Method 1664A as 
the method of verification. If the ISO method is still the chosen 
method, the commenter recommended that Sec.  162.050-39 reference the 
petroleum hydrocarbon extraction method used in 40 CFR part 136 to 
maintain consistent results.
    Response: The Coast Guard does not have an ``error bar'' for the 
ISO 9377-2 method. We believe that conducting a comparison test of the 
GC method with the IR method is beyond the scope of this rulemaking. 
However, we welcome the results of any such comparison. Should 
verifiable results show an adjustment factor is needed, the Coast Guard 
would request that the United States bring this to the attention of the 
IMO for consideration of amendments to MEPC.107(49). We made no changes 
in response to this comment.
    Issue 21: One commenter said the Environmental Protection Agency's 
(EPA) Method 8015M should be used instead of the ISO 9377-2 method. The 
commenter stated the EPA method more closely represents the method that 
should be used, but understands ISO 9377-2 is an international standard 
and that the use of one nation's method might not be as universally 
accepted.
    Response: At this point, the Coast Guard does not have enough data 
to ensure the EPA method is equivalent. It is our desire to remain 
consistent with the IMO resolution. However, if a designated lab or 
manufacturer desires to use the EPA method in lieu of ISO 9377-2, they 
must show that it delivers equivalent results. Under 46 CFR 159.001-7, 
if an alternative method produces equivalent or better performance, we 
may accept oil-in-water analysis results based on that method. We made 
no changes from the proposed rule based on this comment.
    Issue 22: One commenter recommended that the Coast Guard have 
discussions with the EPA regarding changes to ISO 9377-2 because 40 CFR 
part 136 calls for the use of Method 1664A to report oil, grease, and

[[Page 3369]]

petroleum hydrocarbons under National Pollution Discharge Elimination 
Standards (NPDES) permits.
    Response: The United States has a responsibility to implement 
MARPOL Annex I as revised. This includes issuing regulations for 
approving oil pollution prevention equipment for vessels covered by 
MARPOL Annex I. In fulfilling this responsibility, the Coast Guard 
believes maintaining consistency with the IMO resolution is the best 
approach. Therefore, we made no changes in response to this comment.
    Issue 23: One commenter recommended that the Coast Guard use EPA 
Method 1664 for hardware approval until the implications of using 
different measurement techniques for hardware approval and enforcement 
are resolved.
    Response: As a Party to MARPOL Annex I, we have an obligation to 
implement the revised Annex. The Coast Guard believes that maintaining 
consistency with the IMO resolution is the best way to meet that 
obligation. We made no changes in response to this comment.
    Issue 24: One commenter stated that the NPRM language should 
facilitate inclusion of alternate methods in the future. The commenter 
offered to work with the Coast Guard in defining a method that falls 
within the guidelines of ISO 9377-2, but is more specific.
    Response: The Coast Guard currently has the regulatory authority to 
allow the use of alternative methods that demonstrate equivalent 
performance characteristics, under 46 CFR 159.007-1 and 159.005-7. 
Therefore, if a designated lab or manufacturer demonstrates an 
alternative method with equal or better oil-in-water analysis, then 
that analysis may be proposed in the lab's application to the Coast 
Guard for further consideration. We made no changes from the proposed 
rule in response to this comment.
    Issue 25: One commenter asked if Sec.  162.050-7(h)(2) means a 15 
ppm separator will fail to receive Coast Guard approval if one or more 
samples are greater than 15 ppm as measured by ISO 9377-2. The 
commenter believes that an approved separator should pass the 15 ppm 
limit test for all conditions including emulsions since an emulsion is 
a key aspect of the MEPC.107(49) test.
    Response: The commenter's interpretation is correct. The only 
difference from the existing text is that we have eliminated the words 
``In the case of a 15 ppm separator'' because this distinction is no 
longer necessary. We made no changes in response to this comment.
    Issue 26: The EPA suggested that we establish a reasonable, but 
specific date for discontinuation of the IR assay.
    Response: As noted above, the Coast Guard removed Sec.  162.050-
39(b) from the rule. That paragraph would have permitted the continued 
use of IR assays, in place of the ISO 9377-2 GC method, so long as 
reagents for the IR assay remained available. By removing paragraph 
(b), we eliminated an inconsistency between our proposed rule and the 
revised MARPOL Annex I.

C. Calibration

    Commenters raised 10 issues regarding calibration.
    Issue 27: One commenter stated that the NPRM does not include 
procedures for sealing, breaking, and re-sealing oil content meter 
seals and recommended identifying procedures and personnel authorized 
to perform such tasks.
    Response: As indicated in proposed 33 CFR 157.12c, a manufacturer's 
representative should conduct the breaking of meter seals during 
calibration and repair work. The procedures for routine maintenance and 
troubleshooting must be clearly defined in the Operating and 
Maintenance Manual and such work must be recorded. We made no changes 
in response to this comment.
    Issue 28: One commenter stated that there are no valid reasons to 
restrict access to all basic meter check-and-test features. The 
commenter said that imposing these limitations would most likely lead 
to an unacceptable level of equipment operational disruptions in cases 
where simple testing/adjusting (re-zeroing) would rectify minor 
problems. The commenter recommended aligning with MEPC.107(49) on this 
issue.
    Response: On December 15, 2005, we corrected the language in 
proposed 33 CFR 157.12c(e) (see 70 FR 74259), and we have since revised 
the language in 46 CFR 162.050-33(f) so both better align with the MEPC 
resolutions. Access for re-zeroing the instrument, checking for 
instrument drift, and checking the repeatability of the instrument 
reading will not be limited or require the breaking of a seal. But also 
consistent with the MEPC resolutions, 33 CFR 157.12c(a) and 46 CFR 
162.050-33(f) specify that access beyond these controls would require 
the braking of a seal of activation of another device which indicates 
an entry to the equipment.
    Issue 29: A commenter found the requirement in paragraph 4.2.5 of 
MEPC.107(49) that ``[i]t should not be necessary to calibrate the 15 
ppm Bilge Alarm on board ship'' confusing and challenging because the 
calibration requires traceability, recordkeeping, expiration dates, due 
dates, and the use of calibration standards that effectively 
demonstrate traceability.
    Response: The Coast Guard believes that paragraph 4.2.5 ensures 
that the reliability of the bilge alarm is tested and requires that the 
bilge alarm should be installed on the vessel in a calibrated 
condition. This paragraph also allows for onboard checking of the 
calibration per the manufacturer's instructions which, in 46 CFR 
162.050-5(a)(6), we require to be submitted as part of the 
manufacturer's application for approval of a bilge alarm. In 46 CFR 
162.050-35(b), we specify that the bilge alarm must be calibrated and 
zeroed using the manufacturer's instructions.
    While we have made no changes based on this comment, as noted in 
our response below to Issue 36, we have added paragraph (d) to 33 CFR 
155.380. That paragraph requires a check of the equipment during the 
International Oil Pollution Prevention (IOPP) certificate surveys. This 
calibration certificate must be retained onboard. We made no changes 
based on this comment.
    Issue 30: One commenter stated that the Coast Guard should require 
action if a bilge alarm fails an onboard calibration test.
    Response: This rulemaking incorporates the MEPC.107(49) changes 
relating to equipment design and testing. We feel that changing the 
current regulation to address equipment performance after installation 
is outside the scope of this rulemaking. However, we believe that the 
current IOPP survey regime assures the proper operation of the 
equipment prior to issuance/endorsement of the certificate. Basically, 
if an installed bilge alarm fails to calibrate, then the vessel would 
no longer be in compliance with MARPOL IOPP requirements. We made no 
changes in response to this comment.
    Issue 31: One commenter stated that the regulation should address 
how drift repeatability and re-zeroing affect calibration.
    Response: We believe that the full suite of tests, as prescribed, 
will give a good indication of the equipment's ability to maintain 
accuracy. In addition to the readings from the instrument, samples are 
taken and analyzed. Any variance between the reading and the sample 
concentration would be noted in the report. We made no changes in 
response to this comment.
    Issue 32: Citing industry norms that calibration intervals never 
extend beyond 2 years, one commenter said that calibration intervals 
for bilge alarms should be no more than 2 years.

[[Page 3370]]

    Response: Currently, under 33 CFR 151.17, the Coast Guard requires 
that PPE remains in satisfactory condition for the service intended and 
is checked during the annual IOPP surveys. We made no changes in 
response to this comment.
    Issue 33: One commenter stated that the calibration test for bilge 
alarms in paragraph 2.2.5 of the Annex to MEPC.107(49), implemented 
through 46 CFR 162.050-35, should be adjusted so that a highly accurate 
and traceable input is used or renamed for what it is really doing--
determining the stability of the meter and its sensors against varying 
oil types.
    Response: The Coast Guard does not believe that a change is 
necessary. This test ensures the proper calibration of the bilge alarm 
using all three test fluids. We do not see a need to alter the name of 
the test.
    Issue 34: One commenter stated that the proposed rule seems to 
shift the burden of calibration from shipboard operations to the 
manufacturer. Furthermore, the commenter stated that there should be a 
recognized standard for calibration because there must be a calibration 
process used by mariners operating meters and separators.
    Response: Resolution MEPC.107(49) does not dictate a specific 
calibration standard. Furthermore, the Coast Guard believes that the 
calibration is for the meter only and not the main body of electronics 
to interpret the signal from the meter. The standard of calibration of 
the instrument (not the sensor) will be at the discretion of the third 
party the ship owner uses. We made no changes in response to this 
comment.
    Issue 35: One commenter believes that the following wording in 
proposed 46 CFR 162.050-33 is unclear and somewhat contradictory to 
MEPC.107(49): ``calibrating the bilge alarm must not be necessary once 
installed on board the vessel, however, on board testing in accordance 
with manufacturer's instruction is permitted.''
    Response: The Coast Guard agrees. We have revised this portion of 
Sec.  162.050-33(d) to read: ``calibrating the bilge alarm must not be 
necessary once installed onboard the vessel; however, onboard testing 
in accordance with the manufacturer's operating instructions is 
permitted for the purposes of checking instrument drift and 
repeatability of the instrument reading, as well as the ability to re-
zero the instrument.''
    Issue 36: One commenter said that the same statement, ``calibrating 
the bilge alarm must not be necessary once installed on board the 
vessel,'' must be clarified to reflect that calibration may be 
performed by the manufacturer or qualified personnel at an onshore 
facility.
    Response: The Coast Guard agrees. We have added paragraph (d) to 33 
CFR 155.380 to implement the requirements of MEPC.107(49) paragraph 
4.2.11. This change will restrict calibration checks to the 
manufacturer or persons authorized by the manufacturer. It would be up 
to the manufacturer to prescribe where the calibration check may be 
conducted.

D. Training

    Commenters raised one issue regarding training.
    Issue 37: One commenter stated that the Coast Guard (and IMO) must 
ensure that new separating equipment is thoroughly field tested, 
standardized, and properly supported by mandatory ``factory'' training 
for any person expected to use it. Another commenter requested amending 
the final rule to mandate formal safety and vocational training in 
equipment operation and maintenance.
    Response: The purpose and scope of this rulemaking is to issue PPE 
design, installation, and testing regulations that implement the 
revised MARPOL Annex I. The Coast Guard believes this interim rule 
achieves that goal. For clarification, however, we are adding 
paragraphs (e) and (f) to 33 CFR 155.380 regarding training and 
maintenance, respectively.

E. Operating Requirements

    Commenters raised seven issues regarding operating requirements.
    Issue 38: Regarding proposed 46 CFR 162.050-23(d), one commenter 
stated that the clean effluent line of the separator should be at least 
90 percent of the influent flow rate for purposes of emulsion breaking.
    Response: We disagree. This recommendation would require our 
regulations to be more prescriptive than our performance-based standard 
from paragraph 1.2.11.1 of the Annex to MEPC.107(49) of feeding a 
mixture to the separator composed of 6 percent Test Fluid C and 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. We made no changes based on this comment.
    Issue 39: Two commenters suggested adding a new paragraph to 
address the minimum service life for which bilge alarms should be 
designed. These commenters also raised material compatibility issues. 
They stated that the equipment should be suitable for seawater service, 
and compatible with oil, fuel, and bilge contaminants such as 
surfactants and particulates.
    Response: We do not believe that it is within the scope of this 
rulemaking to require manufacturers to state the minimum service life 
of their product. Furthermore, the IMO resolutions do not address 
service life. As for the material compatibility issues, we believe that 
these are addressed in the plan review process specified in existing 46 
CFR 162.050-5(a)(4), which requires the submittal of arrangement plans 
and piping diagrams in accordance with the requirements of 46 CFR 
56.01-10(d). We made no changes based on these comments.
    Issue 40: Responding to proposed 46 CFR 162.050-33, one commenter 
suggested adding a new paragraph to incorporate fail-safe design 
requirements for bilge-alarm systems. Specifically, they would require: 
(1) The bilge alarm to provide a control signal for the ``overboard 
discharge control device''; (2) at least four consecutive bilge-alarm 
measurements must be below the alarm set-point before sending the 
control signal to allow overboard discharge; and (3) when the bilge 
alarm cannot obtain a reading due to interference or other causes, this 
must be considered a reading above the alarm set-point as it relates to 
No. (2).
    Response: The Coast Guard disagrees as this suggested change is not 
in line with the requirements of MEPC.107(49) which are sufficiently 
designed to stop the discharge overboard of oily-mixtures with an oil 
content exceeding 15 ppm. We made no changes in response to this 
comment.
    Issue 41: One commenter recommended adding a new paragraph (c)(3) 
in Sec.  162.050-33 to describe a specific condition that would require 
the bilge alarm to produce a warning signal and a signal to actuate 
stop valves when ``the concentration of interferences in the sample 
(e.g., emulsions, solids, color, air, bulk oil, etc.) may affect the 
bilge-alarm measurements.'' Additionally, the commenter stated that 
interferences in the sample may cause erroneous bilge alarm 
measurements, thus resulting in an inadvertent overboard discharge of 
oily waste.
    Response: While we agree with the commenter's intent, we feel that 
this situation has been covered by Sec.  162.050-33(c), which calls for 
stop valves to be activated when the oil content of the mixture 
measured exceeds 15 ppm or the bilge alarm malfunctions, breaks down, 
or otherwise fails to operate properly. Further, the proposed and 
adopted testing scheme includes tests for emulsions and solids. We made 
no changes in response to this comment.

[[Page 3371]]

    Issue 42: Regarding 46 CFR 162.050-33(h), one commenter requested a 
definition of ``operating status.'' Additionally, the commenter 
wondered if ``operating status'' includes recording if the separator is 
on/off or in manual/automatic mode. Finally, the commenter also asked 
about the recording of separator valve positions and alarm conditions.
    Response: Resolution MEPC.107(49) does not define operating status, 
however, a separator would likely have few operating conditions. These 
would include ``manual'' or ``automatic'' modes, ``off,'' and a 
cleaning or water-only flush cycle.
    The bilge alarm must record when an alarm occurred, i.e., the 
``alarm condition,'' with the date and time. While the resolution does 
not state that the ppm at the time the alarm occurred must be recorded, 
anything over 15 ppm should be prevented from going overboard. Neither 
the IMO resolutions nor Coast Guard regulations address the recording 
of valve positions; however, the option may be provided by 
manufacturers. We made no changes in response to this comment.
    Issue 43: One commenter stated that there should be specifications 
mandating that the separators operate ``essentially'' unattended even 
in manned engine rooms.
    Response: We agree with the commenter's suggestion and have amended 
46 CFR 162.050-21(e) to align with MEPC.107(49) by removing reference 
to ``unattended machinery space.''
    Issue 44: One commenter stated that separators should be required 
to start in the recirculation mode before entering a filtering phase.
    Response: We believe that this change is too divergent from 
MEPC.107(49). Operationally, we believe that it is the function of the 
bilge alarm to cause the recirculation of the separator effluent. We do 
not believe that an additional recirculation stage is necessary. We 
made no changes in response to this comment.

F. Simulated Shipborne Environment

    Commenters raised four issues regarding the simulated shipborne 
environment.
    Issue 45: One commenter asked why the Coast Guard's vibration test 
specification, which appears in Sec.  162.050-37, is not fully aligned 
with the IMO specification. The commenter stated that the second 2-hour 
period of endurance is unlikely to show much more than the first 
period. The commenter also believed maintaining a different standard 
than the IMO standard will cause continued confusion among 
manufacturers.
    Response: We agree. We revised paragraphs (b) and (c) of 46 CFR 
162.050-37 to align them with identical vibration tests in paragraph 
3.2.2.1 of the Annex for MEPC.107(49) and paragraph 2.2.1.1 of the 
Annex for MEPC.108(49).
    Issue 46: We received two comments stating that the proposed 
standards do not require that a separator be capable of operating while 
a vessel is underway and subject to vessel pitching, rolling, and 
vertical and horizontal ``G'' forces.
    Response: The equipment is subjected to environmental testing 
designed to simulate the shipboard environment. Based on the proven 
abilities of the current approved separators to operate in a dynamic 
marine environment, we do not propose to require dynamic motion testing 
while operating the separators for the purposes of certification. We 
made no changes in response to this comment.
    Issue 47: One commenter recommended that we conduct incline 
experiments for all three test fluids.
    Response: The Coast Guard disagrees. We believe that the intent of 
the environmental testing portions of the IMO resolutions ensures the 
electrical and electronic sections of the equipment are capable of 
operating under the test conditions. Therefore, requiring this test to 
be conducted with all three fluids is excessive and not in line with 
the intent of the requirements. We made no changes based on this 
comment.
    Issue 48: One commenter said that the Coast Guard should provide a 
list of fluids to conduct exposure tests.
    Response: We disagree. Paragraph (d) of 46 CFR 162.050-21 requires 
compliance with 46 CFR chapter I, subchapter F--Marine Engineering, as 
applicable. Also the material specifications of the separator will be 
considered during plan review. We made no changes in response to this 
comment.

G. Operating Manual

    Commenters raised two issues regarding the operating manual.
     Issue 49: One commenter stated that the separator instruction 
booklet should be carefully written in easily-understood English.
    Response: We agree. We have added an express requirement in Sec.  
162.050-5(a)(6) that the manual must be easily understood. We also 
adopted the naming convention of MEPC.107(49) and identified the manual 
as the ``operating and maintenance manual.''
     Issue 50: One commenter stated that the operations manual should 
provide guidance on failure-logging of separators and guidance on 
obtaining system improvements.
    Response: We disagree. We believe that our revision of requirements 
for manuals in Sec.  162.050-5(a)(6) is consistent with MEPC.107(49). 
We made no changes in response to this comment.

H. Applicability

    Commenters raised two issues regarding applicability.
     Issue 51: One commenter stated that the proposed regulation's 
applicability should be clearly addressed. Another commenter asked if 
the current bilge separators approved under MEPC.107(49) will remain 
``approved'' after the new rule is adopted. And if that is the case, 
will there be different categories of approval (e.g., MEPC.107(49), 
MEPC.60(33), 46 CFR subpart 162.050). Another commenter asked if we 
intended for the rule changes to take effect upon acceptance of the 
rule or at a later date.
    Response: Most sections of this interim rule will become effective 
March 17, 2009. The revised MARPOL Annex I became effective 
internationally January 1, 2007. Paragraph 1.3.1 of resolution 
MEPC.107(49), which was incorporated into the revised MARPOL Annex I 
Regulation 14, makes the resolution applicable to ships built on or 
after January 1, 2005, and to ships that install new PPE on or after 
January 1, 2005. This aspect of the revised Annex I was not reflected 
in our proposed rule. To implement these incorporated requirements, we 
have added three paragraphs--33 CFR 155.350(a)(3), 155.360(a)(2), and 
155.370(a)(4)--to the interim rule requiring vessels built on or after 
January 1, 2005, and vessels that install new PPE on or after January 
1, 2005, to meet the new PPE requirements. We are delaying the 
effective date of those paragraphs, so that we may seek your comments 
on them before making them effective. Based on your comments, we may 
revise these paragraphs before making them effective in a final rule.
    Since publishing a notice of policy in December 2003 acknowledging 
the new MARPOL guidelines (68 FR 75603, December 31, 2003), we have 
approved some systems from PPE manufacturers who, in anticipation of 
the new MARPOL guidelines, sought Coast Guard approval under testing 
standards other than those in the current 46 CFR subpart 162.050. As 
the 2003 notice stated, the Coast Guard may, in its discretion, 
determine whether alternative standards ensured equivalent performance 
characteristics.

[[Page 3372]]

    Systems approved under MEPC.60(33) that were installed before 
January 1, 2005, on vessels built before January 1, 2005, and are still 
in good working order will not be affected by this rule. Systems 
approved before the effective date of this rule using resolution 
MEPC.107(49) guidelines will remain approved. For any systems approved 
to a standard other than MEPC.107(49) after January 1, 2005, but before 
March 17, 2009, the approval will expire March 17, 2009.
     Issue 52: One commenter stated that, if adopted, the new rules 
would apply to U.S.-flag ships only and recommended developing a 
requirement for identification of equipment built, tested, and 
certified for U.S.-flag vessels or alternatively adopt IMO standards in 
its entirety.
    Response: We disagree. Current regulations in 33 CFR 155.380 
stipulate compliance with 46 CFR 162.050 requirements for all U.S.-flag 
inspected vessels. Uninspected U.S.-flag vessels and foreign-flag 
vessels may either comply with 46 CFR 162.050 or MARPOL Annex I. (See 
discussion of Sec.  155.380(b) in the Changes from Proposed Rule 
section below.) The identification of equipment built, tested, and 
certified for U.S.-flag vessels, is currently required by 46 CFR 
162.050-11, Marking. We have not changed these current requirements.

I. PPE Alternatives

    Commenters raised one issue regarding PPE alternatives.
     Issue 53: One commenter requested that the Coast Guard consider 
properly designed and engineered holding tanks as a regulatory 
alternative to installing separator equipment that is unreliable and 
difficult to maintain on small vessels manned by lower-level mariners.
    Response: This rulemaking implements PPE design and performance 
guidelines and standards in MEPC.107(49) and MEPC.108(49), and does not 
change which vessels must have PPE. Subpart B of 33 CFR part 155 and 
Regulation 16 of MARPOL Annex I dictate that ships of 400 gross tons or 
more must be fitted with PPE.
    Our regulations require holding tanks on oceangoing ships over 400 
gross tons in certain situations (see 33 CFR 155.360(b) and (c), and 33 
CFR 155.370(b) and (c)), in addition to requiring the installation of 
approved PPE. We made no changes from the proposed rule based on this 
comment.

J. Data Recording

    Commenters raised three issues regarding data recording.
    Issue 54: One commenter asked if a vessel's speed and position-data 
requirement include the bilge alarm as well as the oil-discharge 
monitoring system.
    Response: Neither the MEPC resolutions nor our proposed rules 
contain a requirement for bilge alarms to record the vessel speed and 
position. We made no changes in response to this comment.
    Issue 55: One commenter stated that the proposed rule does not 
prevent overriding data inputs for failed equipment.
    Response: This rule may only discourage, not prevent, overriding 
data inputs. However, those who tamper with the system will leave 
evidence in the form of broken seals on the bilge alarm. We made no 
changes based on this comment.
    Issue 56: One commenter stated that a recording interval for bilge 
alarms is not specified in Sec.  162.050-33(h). The commenter also 
wanted to know if our intent for bilge-alarm recording intervals is the 
same as in Sec.  157.12d(h)(3) for oil content meters.
    Response: Where the meter has a stated 10-minute interval, there is 
no required interval for the bilge alarm to print, display, or save a 
particular piece of information. The bilge alarm is merely required to 
save alarm events and operational status with a date and time stamp. 
The recorded information aids regulatory agencies in correlating 
separator-related entries in the oil record book. We made no changes 
from the proposed rule in response to this comment.

K. Test Rig

    Commenters raised four issues regarding test rigs.
    Issue 57: One commenter stated that the 30[deg] chisel-edged 
chamfer in figure 162.050-17(d), Sample Point, should be around the 
outside perimeter instead of the inside perimeter of the sampler inlet 
to minimize disturbance of the sampling flow and to be consistent with 
MEPC.107(49).
    Response: We agree and have corrected the chamfer illustrated in 
Figure 162.050-17(d).
    Issue 58: One commenter recommended requiring the use of a syringe 
pump with a screw-type driver in place of the buret for oil injection 
at low concentrations to avoid pulsations of oil injections.
    Response: The Coast Guard disagrees. Our figure at 46 CFR 162.050-
19 and MEPC.107(49) figure 5 stipulate ``burets and metering pumps for 
injecting known oil ppm's and high oil transients,'' and thus provide 
discretion to the testing lab to deliver the oil in the manner of its 
choosing. During the review of a facility's application under 46 CFR 
162.050-15, we examine information on the facility's test rigs. Any 
deviation from the required test rigs must be noted in this 
information. We have no evidence of buret injections creating 
pulsations of oil injections at low concentrations. We made no changes 
in response to this comment.
    Issue 59: One commenter recommended including the use of an inline 
disperser as an alternative to the high-shear pump to vary the oil 
droplets size distribution.
    Response: The designated testing lab may propose alternative 
testing methods to the Marine Safety Center before beginning the tests. 
If agreed upon, any deviation from the required test rig must be noted 
in the test report or application. We made no changes from the proposed 
rule based on this comment.
    Issue 60: One commenter suggested including the specifications of 
the tank used for Test Fluid C per Figure 3 and notes 1 through 3 of 
paragraph 1.2.4 of Part I of the Annex to MEPC.107(49) as it would 
ensure consistent mixing of Test Fluid C by different test facilities.
    Response: The Coast Guard agrees. Our proposed paragraph (b)(2) of 
46 CFR 162.050-20 references a worksheet, figure 162.050-20, for 
determining Constituents of Test Fluid C. In response to this 
commenter's suggestion, we are adding MEPC's Figure 3 to that 
worksheet, and have inserted the notes as text in that worksheet.

L. Response Time

    Commenters raised one issue regarding response time.
    Issue 61: One commenter stated that the measuring time in proposed 
46 CFR 162.050-33(e) should be changed from 5 seconds to 15 seconds. 
The commenter also said the proposed 5 seconds would exclude, from 
future installations, bilge alarms that are already in service and have 
been proven to provide fail-safe performance.
    Response: The Coast Guard disagrees. The purpose of this regulatory 
change is to increase the performance standards of the equipment. The 
changes will not require existing equipment MEPC.60(33) to be 
retrofitted at this time. Previously installed bilge alarms that were 
approved under the MEPC.60(33) requirements and are in good working 
order will not have to meet the 5-second response time. However, future 
installations of these MEPC.60(33)-approved bilge alarms will not be 
permitted. This is in line with the

[[Page 3373]]

requirements of MEPC.107(49). We made no changes in response to this 
comment.

M. Test Fluid

    Commenters raised four issues regarding test fluid.
    Issue 62: One commenter stated that separators should be tested 
with salt-water-mixed test fluids.
    Response: Both 46 CFR 162.050-23 (a)(4), and the IMO resolution, 
paragraph 1.2.7 of Part 1 of the Annex to MEPC.107(49), allow the use 
of salt water, provided the density of the water used in the tests is 
no greater than 1.015 at 20[deg] Celsius. We have decided not to 
mandate testing with salt water as this could materially affect the 
costs of certification. We made no changes in response to this comment.
    Issue 63: One commenter said that turbidity from sources other than 
oils--including rust and dirt--may fool the bilge alarm into thinking 
it is seeing oil and, because of this, operators are burdened with 
removing these other turbidity sources from exposure to the bilge alarm 
to permit pumping anything over the side.
    Response: To ensure alignment with the international requirements, 
the Coast Guard will require the same three test fluids stipulated in 
paragraph 1.2.4 of Part 1 of the Annex to MEPC.107(49). Further, we 
believe that the inclusion of Test Fluid C will account for the 
equipment's ability to handle particulate matter (including rust) as 
well as emulsions. We made no changes in response to this comment.
    Issue 64: One commenter stated that it is impossible to duplicate 
emulsion fluid tests in actual sea service. The commenter believes a 
minimum 6-month trial run in actual service could be part of the rule 
requirement to obtain equipment certification.
    Response: The Coast Guard does not intend to implement a 6-month 
testing regime for the purpose of certifying PPE. Such testing would be 
inconsistent with the requirements of MEPC.107(49). Furthermore, Test 
Fluid C was developed following thorough discussion at IMO and provides 
a good representation of common bilge water. We made no changes in 
response to this comment.
    Issue 65: One commenter believes that soot in ``reasonable 
representative quantities'' should be a component in test fluids, both 
in the Coast Guard's proposed fluids and MEPC.107(49) fluids.
    Response: The Coast Guard disagrees. The constituents of Test Fluid 
C were developed based on the input of numerous IMO delegations through 
discussions over several years. This is believed to be an accurate 
facsimile of the fluid that may be encountered on a large percentage of 
the vessels currently in operation. The IMO has received several 
similar comments and has maintained the same stance regarding changes 
to it. The Coast Guard concurs with this stance and will maintain the 
Test Fluid C constituents as they are set out by MEPC.107(49) paragraph 
1.2.4. We made no changes in response to this comment.

N. Incorporating MEPC.107(49) by Reference

    Commenters raised one issue regarding incorporation by reference.
    Issue 66: One commenter believes that incorporating or referencing 
MEPC.107(49) in the proposed rule will lead to an accurate and thorough 
understanding of the requirements.
    Response: The Coast Guard disagrees because, as discussed in the 
preamble of the NPRM (70 FR 67067, November 3, 2005), we believe that 
there are elements of MEPC.107(49) that need clarification. The 
comments on our proposed rule provide evidence that some aspects of the 
resolutions require further clarification. We made no changes from the 
proposed rule based on this comment.

O. Test Report

    Commenters raised one issue regarding test reports.
    Issue 67: One commenter said that verification of the stability of 
the Test Fluid C emulsion and other testing parameters must be shown in 
the test report with documentation to prove conformity.
    Response: We believe that a stable emulsion will be established if 
a lab follows the Test Fluid C preparation requirements under 46 CFR 
162.050-20. In response to this comment, we have added a requirement in 
46 CFR 162.050-9(a)(6), to provide verification that the lab followed 
the testing procedures prescribed in 46 CFR subpart 162.050.

P. Cleaning Detergent in Engine Room

    Commenters raised two issues regarding cleaning detergent in the 
engine room.
    Issue 68: One commenter believes that any equipment (separators or 
bilge alarms) should be certified with qualification about what type of 
cleaners can be used aboard vessels with that product or any inability 
of that product to handle emulsions. The proposed rule clearly implies 
that they could not meet MEPC.107(49) testing protocols. Information 
about system performance enhancements such as preferred cleaners, etc., 
belong in their operating manuals, not on their certificates. These 
qualifications should be removed from the actual certificates and the 
product's actual certification/testing procedures should be re-
verified.
    Response: Detergents are generally known to cause emulsions, and 
the IMO resolutions and corresponding Coast Guard implementing 
regulations have added an emulsified test fluid to challenge the 
equipment. However, the Coast Guard does not plan to add this type of 
information to the approval certificate because unlike older technology 
represented in the previous standard, MEPC.60(33), under MEPC.107(49) 
standards, PPE are expected to handle the range of fluids and emulsions 
that are founds in bilges today. Therefore, we are not making a change 
from the proposed rule based on this comment.
    Issue 69: One commenter stated that separators should be required 
to be insensitive to a host of United States Department of Agriculture 
(USDA) approved detergents that may be used anywhere in the engine room 
on a vessel.
    Response: With the possibility of emulsified bilge water always 
present the bilge separator must be capable of separating the oil from 
the emulsion to produce an effluent with an oil content not exceeding 
15 ppm even when detergents are present in the bilge. The bilge 
separator should therefore be tolerant of a wide range of detergents, 
but at the same time, as noted in paragraph 1.1.3 of the introduction 
to the MEPC.107(49) Annex, proper measures should be taken to minimize 
the presence of cleaning agents in the bilge. As noted above in 
response to issue 63 regarding turbidity, to ensure alignment with the 
international requirements, the Coast Guard will require the same three 
test fluids stipulated in MEPC.107(49). We believe that the inclusion 
of Test Fluid C will account for the equipment's ability to handle 
emulsions caused by detergents. We made no changes from the proposed 
rule based on this comment.

Q. PPE Design

    Commenters raised one issue regarding PPE design.
    Issue 70: One commenter stated ``the absolute absence of any type 
of standardization of OWS [oily water separator] systems makes the 
initial investigation confusing, dirty, time consuming and sometimes 
plain incorrect.''
    Response: The Coast Guard disagrees. The IMO resolutions and the

[[Page 3374]]

corresponding Coast Guard regulations are primarily performance-based 
in determining the design of a separator. The commenter's suggestion 
would require prescriptive regulations and could further limit the 
production of innovative technologies and improvements in the field of 
separation technology. We made no changes based on this comment.

R. Oil Categories

    Commenters raised one issue regarding oil categories.
    Issue 71: One commenter suggested that the Coast Guard use its 
current category of oils based on American Petroleum Institute (API) 
gravity values and require the laboratory conducting the testing of the 
oil discharge monitoring equipment (monitoring system) report the 
values of the crude oils used as described in the Parameters Tolerance 
column of the Crude Oils table in paragraph 1.2.6 of Part 1 of the 
Annex to MEPC.108(49). The commenter stated this is in line with the 
intent of MEPC.108(49) and the Coast Guard's regulation allowing for 
the onboard calibration of the ODME for the type of crude oil or 
petroleum product being transported. As an alternative, the commenter 
requested the Coast Guard provide Standard Reference Material (SRM) 
crude oil and petroleum product samples to the company for testing 
purposes or information on where the company can obtain the samples.
    Response: We believe that Table 162.050-27(c)--Oil Type and 
Characteristics in the proposed 46 CFR 162.050-27 accomplishes the goal 
of this request. Also, 46 CFR 162.050-27(c)(3) allows for the 
substitution of an oil with similar properties to those listed in table 
162.050-27(c). Further, the testing laboratory is required to report 
the properties of the test oils under 46 CFR 162.050-9(a)(5). We made 
no changes in response to this comment.

S. Beyond the Scope of This Rulemaking

    Commenters raised two issues beyond the scope of this rulemaking.
    Issue 72: We received two comments regarding Oil Record Books 
(ORBs). Of those, one commenter requested that we amend the final rule 
to mandate training in the proper method of entering entries into the 
ORB for anyone expected to operate separators. The other comment stated 
the ORBs are not readily available.
    Response: We believe that these requests regarding oil record books 
are beyond the scope of this rulemaking. This rulemaking seeks to 
implement the MEPC PPE guidelines and standards being incorporated into 
MARPOL Annex I. Oil record books are not referenced in either 
MEPC.107(49) or MEPC.108(49).
    We have forwarded the comment regarding the availability of ORBs to 
the appropriate office for their consideration. We made no changes to 
this comment.
     Issue 73: We received two comments from the same commenter 
regarding operating requirements. The commenter stated that it should 
be a requirement to have onboard a complete set of recommended repair 
parts for separators. The commenter also said that a complete set (100 
percent of installed working elements) of filters, coalescers, filter 
media, membranes, etc., should be required for separators to assure 
continued operation in the event of severe fouling.
    Response: We feel that this suggestion to require a complete set of 
repair parts is beyond the scope of the rulemaking. The application for 
certification, 46 CFR 162.050-5, already requires submission of 
detailed instructions on maintenance of the unit to be certified. 
Repair parts are typically only stipulated for certain systems on board 
that materially affect the safe handling or navigation of the vessel. 
We made no changes in response to this comment.

T. Changes From Proposed Rule

    In 33 CFR part 155, Oil or Hazardous Material Pollution Prevention 
Regulations for Vessels, we have made the following changes from the 
proposed rule. As noted in our response to Issue 51, to reflect the 
requirements of MEPC.107(49) that has been incorporated into MARPOL 
Annex 1 effective January 1, 2007, we have invited comments on our 
changes to three paragraphs in Sec. Sec.  155.350, 155.360, and 
155.370, and have delayed the implementation of those three paragraphs 
pending our review of comments. As discussed in Issues 36 and 37, we 
also revised Sec.  155.380, and added paragraphs (d), (e) and (f) to 
that section. Also, we removed references to ``bilge monitor'' in the 
section heading and paragraphs (a) and (b) of Sec.  155.380.
    In reviewing part 155, we discovered that the IMO Marine 
Environmental Protection Committee Circular summary of MARPOL 73/78-
approved equipment referenced in 33 CFR 155.380(b) no longer exists, so 
we have changed this reference to include any equipment approved under 
MARPOL Annex I. Approval of OWS equipment and bilge alarms under MARPOL 
Annex I is offered as an alternative for U.S. uninspected ships and 
foreign ships to approval under 46 CFR 162.050. We believe that this 
revision will adequately reflect the same level of equipment approval 
as the previous requirement. Also, we revised the authority citation 
for the part by relocating the reference to 46 U.S.C. 3703.
    In 33 CFR part 157, Rules for the Protection of the Marine 
Environment Relating to Tank Vessels Carrying Oil in Bulk, we have 
revised the format of the incorporation by reference section, Sec.  
157.02, so that the material approved for incorporation by reference 
may be more easily associated with the section(s) incorporating this 
material. As indicated in our response to Issue 1, in part 157 we have 
removed the term ``cargo monitor'' to identify the ``monitoring 
system.'' As noted in Issue 28, we have revised Sec.  157.12c(e). 
Finally for part 157, in paragraphs (b) and (c) of Sec.  157.12f, we 
deleted the unnecessary words ``at least all'' when describing the 
operations that must be included in a functional test on an oil content 
meter and a control section of a monitoring system.
    In 46 CFR part 162, Engineering Equipment, we made many revisions. 
We revised the format of the incorporation by reference section, Sec.  
162.050-4, so that the incorporated-by-reference-approved material may 
be more easily associated with the section(s) incorporating this 
material. Also in that section, we discovered that the International 
Standards Organization (ISO) 8217 standard incorporated in 46 CFR 
162.050-20(a) was revised in 2005. Therefore, we have revised the 
reference to this ISO standard in Sec.  162.050-4(c)(1). This ISO 
revision changed the ``type'' description for the marine residual fuel 
oil required by Sec.  162.050-20(a)(1). This change is due to ISO's 
reduction of the temperature at which the viscosity is measured. At the 
original test temperature of 100[deg] Celsius, this fuel oil had a 
viscosity of 35 (hence the original name: RMG 35). At the new test 
temperature of 50[deg] Celsius, this same fuel oil has a viscosity of 
380 (hence the new name: RMG 380). The updated ISO 8217 does not affect 
the ``type'' description for the marine distillate fuel oil referred to 
in Sec.  162.050-20(a)(2).
    As discussed in our response to Issue 1, we replaced the term 
``cargo monitor'' in part 162 with the term ``oil content meter.'' The 
following table reflects other changes to part 162 made in response to 
comments.

------------------------------------------------------------------------
For reasons stated in our response     . . . we revised the following
       to Issue number . . .                      section:
------------------------------------------------------------------------
49................................  162.050-5(a)(6)

[[Page 3375]]

 
67................................  162.050-9(a)(6)
57................................  162.050-17(d)
60................................  162.050-20
5.................................  162.050-20(b)(3)
43................................  162.050-21(e)
18................................  162.050-23(a)(13)
8.................................  162.050-23(b)(1)
3.................................  162.050-27(b) and (c)
10................................  162.050-27(a)(1)
4.................................  162.050-27(e)(4)
28................................  162.050-33(f)
35................................  162.050-33(d)
9.................................  162.050-35(b)(3)
14................................  162.050-35(g)(3)
16................................  162.050-35(g)
45................................  162.050-37(b) and (c)
19 and 26.........................  162.050-39(b) [removed]
------------------------------------------------------------------------

Discussion of Interim Rule

    We are amending our oil pollution prevention equipment regulations 
to make them consistent with new IMO guidelines and specifications in 
resolutions MEPC.107(49) and MEPC.108(49), which are incorporated into 
MARPOL Annex I regulations 14 (Oil filtering equipment), 18 (Segregated 
Ballast Tanks), and 31 (Oil discharge monitoring and control system). 
These revisions will implement Annex I regulations and should reduce 
the amount of oil discharged from vessels, and eliminate the use of 
ozone-depleting solvents in equipment tests.
    This interim rule will require all vessels replacing or installing 
oil separators and bilge alarms to install equipment that meets revised 
standards and it will require newly-constructed vessels carrying oil in 
bulk to install monitoring systems that meet revised standards. Tests 
for approval of this equipment have been revised to deal with common 
bilge contaminants and eliminate the use of ozone-depleting solvents.
    We have delayed the implementation of three paragraphs involving 
equipment installed on or after January 1, 2005. As discussed in our 
response to Issue 51, paragraph 1.3.1 of resolution MEPC.107(49) was 
incorporated into MARPOL Annex I on January 1, 2007, and makes the 
resolution applicable to ships built on or after January 1, 2005, and 
to ships that install PPE on or after January 1, 2005. This aspect of 
the revised Annex I was not reflected in our proposed rule.
    To implement these incorporated requirements, we have added three 
paragraphs--33 CFR 155.350(a)(3), 155.360(a)(2), and 155.370(a)(4)--to 
the interim rule that require vessels built or PPE installed on or 
after January 1, 2005, to meet the new PPE requirements. As noted 
above, we seek your comments on these three paragraphs which we have 
delayed implementing until October 13, 2009, of the interim rule. Based 
on your comments, we may revise these paragraphs before issuing a final 
rule.
    Since publishing a notice of policy in December 2003 acknowledging 
the new MARPOL guidelines (68 FR 75603, December 31, 2003), we have 
approved some systems from PPE manufacturers who, in anticipation of 
the new MARPOL guidelines, sought Coast Guard approval under testing 
standards other than those in the current 46 CFR subpart 162.050. As 
that 2003 notice stated, the Coast Guard may, in its discretion, 
determine whether alternative standards ensured equivalent performance 
characteristics.
    Systems approved under MEPC.60(33) that are installed on vessels 
built before January 1, 2005, and are still in good working order will 
not be affected by this rule. Systems approved before the effective 
date of this rule using MEPC.107(49) guidelines as the alternative will 
remain approved. For any system approved after January 1, 2005, using 
an alternative other than MEPC.107(49), the approval will expire March 
17, 2009.
    As noted in response to Issue 1, we made some nomenclature changes 
to better align our terms with those in MEPC.108(49) and in our current 
pollution certificate requirements. Related to this nomenclature 
change, we have added paragraph 33 CFR 157.12d(a)(4)(viii)(G) to ensure 
the control section of the monitoring system is tested in accordance 
with the vibration testing requirements described in 46 CFR 162.050-37. 
And we also added paragraph 33 CFR 157.12d(a)(7) to ensure each main 
component of the monitoring system is designed in accordance with the 
applicable requirements contained in subchapters F and J.
    Compliance with the requirements of this interim rule does not 
relieve vessel owners and operators of meeting requirements of other 
applicable laws such as the Federal Water Pollution Control Act, 33 
U.S.C. 1251-1387 (also known as the Clean Water Act) or related 
regulations. This would include compliance with any National Pollutant 
Discharge Elimination System (NPDES) Vessel General Permit regulations 
that may be promulgated by the Environmental Protection Agency in 
response to a court order to vacate an EPA regulation, 40 CFR 122.3(a), 
which identifies discharges--including most incidental to the normal 
operation of a vessel--that do not require NPDES permits. See EPA NPDES 
General Permits for Discharges Incidental to the Normal Operation of a 
Vessel notices published June 17, 2008 (73 FR 34296) and December 29, 
2008 (73 FR 79473).

VI. Incorporation by Reference

    The Director of the Federal Register has approved the material in 
33 CFR 157.02 and 46 CFR 162.050-4 for incorporation by reference under 
5 U.S.C. 552 and 1 CFR part 51. 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 33 CFR 157.02 and 46 
CFR 162.050-4.

VII. Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 
51735, October 4, 1993, requires a determination whether a regulatory 
action is ``significant'' and therefore subject to review by the Office 
of Management and Budget (OMB) and subject to the requirements of the 
Executive Order. This rulemaking is not significant under Executive 
Order 12866 and OMB has not reviewed it.
    Public comments on the NPRM are summarized in Part IV of this 
preamble. We received no public comments and have made no changes that 
would alter our assessment of impacts in the NPRM. We have found no 
additional data or information that would change our findings in the 
NPRM. We have adopted the assessment in the NPRM for this interim rule. 
See the ``Regulatory Evaluation'' of the NPRM for the complete 
analysis. A summary of the assessment follows.
    We estimated 176 existing vessels and 46 new vessels annually will 
be affected by this rule and incur additional costs for installing OWS 
and bilge alarms.
    We estimated the annual costs of the OWS and bilge alarms combined 
range from $9,000 to $19,000, depending on vessel type and size for 
both existing and new vessels. We estimated non-discounted annual costs 
for existing vessels at approximately $2.3 million and approximately 
$550,000 for new vessels, or about $2.9 million combined. We estimated 
the total 10-year present value cost of the rule to be $21 million or 
$25 million based on a seven or three

[[Page 3376]]

percent discount rate (all values rounded).
    The benefits of this rule are improved environmental conditions 
from the use of PPE, which meets higher standards of pollution 
prevention. The new OWS equipment will better handle the separation of 
emulsified oils, surfactants, and contaminants from water. There is 
also a broader range and volume of pollutants that will no longer be 
released into the environment because of these new standards. See the 
``Regulatory Evaluation'' section of the NPRM for additional details.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule has 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.
    In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. We have found no additional data or 
information that would change our findings in the NPRM. We have adopted 
the certification in the NPRM for this interim rule. See the ``Small 
Entity'' section of the NPRM for the complete threshold analysis.
    Therefore, the Coast Guard certifies, under 5 U.S.C. 605(b), that 
this interim rule does 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 interim rule will 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.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Mr. Wayne Lundy, Office of Systems 
Engineering (CG-5213), Coast Guard, telephone 202-372-1379. 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.

D. Collection of Information

    This rule calls 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.'' The Office of 
Management and Budget approved this collection of information on March 
17, 2006. It will expire after the 3-year approval period ends on March 
31, 2009.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled, 
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels), 
as well as the reporting of casualties and any other category in which 
Congress intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. (See the decision of the Supreme Court in the consolidated 
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 
120 S.Ct. 1135 (March 6, 2000).)
    The pollution prevention equipment regulations promulgated in this 
rule are within the field foreclosed from regulation by the States, and 
therefore preemption under E.O. 13132 is not an issue.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This rule will 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.

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency

[[Page 3377]]

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 interim rule uses the following consensus standards that are 
not voluntary standards:
     IMO Assembly Resolution A.393(X)--Recommendation on 
International Performance and Test Specifications For Oily-Water 
Separating Equipment and Oil Content Meters;
     IMO Assembly Resolution A.496(XII)--Guidelines and
     Specifications for Oil Discharge Monitoring and Control 
Systems for Oil Tankers;
     IMO Assembly Resolution A.586(14)--Revised Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers;
     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;
     IMO Marine Environment Protection Committee Resolution 
MEPC.108(49)--Revised Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers.
     International Organization for Standardization Standard 
ISO 8217 (2005) Petroleum products--Fuels (class F)--Specification of 
marine fuels;
     International Organization for Standardization Standard 
ISO 9377-2 (2000), Water Quality--Determination of hydrocarbon oil 
index--Part 2: Method Using solvent extraction and Gas Chromatography.
    They are used because the United States is party to MARPOL Annex I 
and we must use these standards to effectively implement MARPOL Annex I 
regulations. The 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.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction 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)(d), of the Instruction and under section 
6(b) of the ``Appendix to National Environmental Policy Act: Coast 
Guard Procedures for Categorical Exclusions, Notice of Final Agency 
Policy,'' (67 FR 48243, July 23, 2002), from further environmental 
documentation. This regulation fits within these categorical exclusions 
because it concerns equipment approval and carriage requirements and 
implements regulations designed to protect the environment. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 155 and 157 and 46 CFR part 162 as follows:

Title 33--Navigation and Navigable Waters

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

0
1. Revise the authority citation for part 155 to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703; E.O. 12777, 
56 FR 54757, 3 CFR, 1991 Comp., p. 351; 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). 
Section 155.490 also issued under section 4110(b) of Pub. L. 101-
380. Sections 155.1110 through 155.1150 also issued under 33 U.S.C. 
2735.

    Note: Additional requirements for vessels carrying oil or 
hazardous materials are contained in 46 CFR parts 30 through 40, 
150, 151, and 153.



0
2. In Sec.  155.350, revise the section heading and add paragraph 
(a)(3) to read as follows:


Sec.  155.350  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of less than 400 gross tons.

    (a) * * *
    (3) For equipment installed after 2004 to be approved under 
paragraph (a)(2) of this section, it must meet current standards in 46 
CFR part 162, subpart 162.050, unless the equipment is installed on a 
ship constructed before 2005 and it would be unreasonable or 
impracticable to meet those current standards.
* * * * *

0
3. In Sec.  155.360, revise the section heading, redesignate paragraph 
(a) as (a)(1) and add paragraph (a)(2) to read as follows:


Sec.  155.360  Oily mixture (bilge slops) discharges on oceangoing 
ships of 400 gross tons and above but less than 10,000 gross tons, 
excluding ships that carry ballast water in their fuel oil tanks.

    (a)(1) * * *
    (2) For equipment installed after 2004 to be approved under 
paragraph (a)(1) of this section, it must meet current standards in 46 
CFR part 162, subpart 162.050, unless the equipment is installed on a 
ship constructed before 2005 and it would be unreasonable or 
impracticable to meet those current standards.
* * * * *

0
4. In Sec.  155.370, add paragraph (a)(4) to read as follows:


Sec.  155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of 10,000 gross tons and above and 
oceangoing ships of 400 gross tons and above that carry ballast water 
in their fuel oil tanks.

    (a) * * *
    (4) For equipment installed after 2004 to be approved under 
paragraph (a) of this section, it must meet current standards in 46 CFR 
part 162, subpart 162.050, unless the equipment is installed on a ship 
constructed before 2005 and it would be unreasonable or impracticable 
to meet those current standards.
* * * * *

0
5. Revise Sec.  155.380 to read as follows:

[[Page 3378]]

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

    (a) On U.S. inspected ships, oily water separating equipment and 
bilge alarms must be approved under 46 CFR 162.050.
    (b) On U.S. uninspected ships and foreign ships, oily water 
separating equipment and bilge alarms must be approved under either 46 
CFR 162.050 or MARPOL 73/78 Annex I.

    Note to Sec.  155.380(b): A copy of Annex I to the International 
Convention for the Prevention of Pollution from Ships, 1973 as 
modified by the Protocol of 1978 relating thereto, as amended 
(MARPOL 73/78) may be purchased from the International Maritime 
Organization, Publications Section, 4 Albert Embankment, London SE1 
75R, United Kingdom, Telex 23588; see also http://www.imo.org.

    (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.
    (d) The accuracy of the bilge alarms must be checked at IOPP 
Certificate renewal surveys according to the manufacturer's 
instructions. Alternatively, the unit may be replaced by a calibrated 
bilge alarm. The calibration certificate for the bilge alarm, which 
certifies the date of the last calibration check, should be retained 
onboard for inspection purposes. The accuracy checks can only be done 
by the manufacturer or persons authorized by the manufacturer.
    (e) Ship staff training must include familiarization in the 
operation and maintenance of the equipment.
    (f) The routine maintenance of the oily water separating equipment 
and the bilge alarm must be clearly defined by the manufacturer in the 
associated operating and maintenance manuals. All routine and repair 
maintenance must be recorded.

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

0
6. 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.


0
7. Revise Sec.  157.02 to read as follows:


Sec.  157.02  Incorporation by reference: Where can I get a copy of the 
publications mentioned in this part?

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in 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, Systems Engineering Division (CG-5213), Office of 
Design and Engineering Standards, U.S. Coast Guard, 2100 Second Street, 
SW., Washington, DC 20593-0001, telephone 202-372-1379, and is 
available from the sources indicated in this section.
    (b) International Maritime Organization (IMO)--4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) IMCO Assembly Resolution A.393(X), adopted on 14 November 1977, 
Recommendation on International Performance and Test Specifications For 
Oily Water Separating Equipment and Oil Content Meters (``A.393(x)''), 
incorporation by reference approved for Sec.  157.12.
    (2) IMO Assembly Resolution A.496(XII), Adopted on 19 November 
1981, Agenda Item 11, Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers (``A.496(XII)''), 
incorporation by reference approved for Sec.  157.12.
    (3) IMO Assembly Resolution A.586(14), Adopted on 20 November 1985, 
Agenda item 12, Revised Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers (``A.586(14)''), 
incorporation by reference approved for Sec.  157.12.
    (4) IMO Marine Environment Protection Committee Resolution MEPC.13 
(19), adopted on 9 December 1983, Guidelines for Plan Approval and 
Installation Survey of Oil Discharge Monitoring and Control Systems for 
Oil Tankers and Environmental Testing of Control Sections Thereof 
(``MEPC.13(19)''), incorporation by reference approved for Sec.  
157.12.
    (5) IMO Marine Environment Protection Committee Resolution 
MEPC.108(49), Adopted on 18 July 2003, Revised Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers (``MEPC.108(49)''), incorporation by reference approved for 
Sec.  157.12.
    (6) 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 (``A.601(15)''), 
incorporation by reference approved for Sec.  157.450.
    (7) 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 (``A.744(18)''), 
incorporation by reference approved for Sec.  157.430.
    (8) 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 
(``A.751(18)''), incorporation by reference approved for Sec.  157.445.
    (c) Oil Companies International Marine Forum (OCIMF) 27 Queen 
Anne's Gate, London, SW1H 9BU, England].
    (1) International Safety Guide for Oil Tankers and Terminals, 
Fourth Edition, Chapters 6, 7, and 10, 1996, incorporation by reference 
approved for Sec.  157.435.
    (2) [Reserved]


Sec.  157.03  [Amended]

0
8. In Sec.  157.03, remove the words ``cargo monitor'' from paragraph 
(2) of the definition of ``clean ballast'', and add, in their place, 
the words ``oil discharge monitoring''.


Sec.  157.11  [Amended]

0
9. In Sec.  157.11 (b)(2)(iii), remove the words ``a cargo monitor'' 
and add, in their place, the words ``an oil content meter''.

0
10. Revise Sec.  157.12 to read as follows:


Sec.  157.12  Oil discharge monitoring and control system.

    (a) Each vessel must have an oil discharge monitoring and control 
system (monitoring system) that is designed for use with each type of 
cargo oil that the vessel carries.
    (b) Each oil content meter component of the monitoring system 
installed on a U.S. vessel must be approved under 46 CFR part 162, 
subpart 162.050. Each oil content meter component of the

[[Page 3379]]

monitoring system installed on a foreign vessel must be approved:
    (1) Under 46 CFR part 162, subpart 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 oil discharge monitoring and control system on a U.S. 
vessel must be installed in accordance with Sec. Sec.  157.12b through 
157.12g of this part.

0
11. 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 m\3\/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 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 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, 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 normally encountered by oil tankers, 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 a discharge of dirty-ballast or 
other oil-contaminated water from the cargo tank areas cannot take 
place unless the monitoring system is in the normal operating mode and 
the relevant sampling point has been selected;
    (ii) 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 oil content meter, 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 oil content 
meter readings received at intervals not exceeding 5 seconds.
    (4) The monitoring system must comprise--
    (i) An oil content meter to measure the oil content of the effluent 
in ppm. The meter must be approved in accordance with the provisions 
contained in 46 CFR subpart 162.050 and 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 oil content meter;
    (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

[[Page 3380]]

    (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;
    (F) A means to provide signals to the starting interlock to prevent 
the discharge of any effluent before the monitoring system is fully 
operational; and
    (G) The control section of the monitoring system must be tested in 
accordance with the vibration testing requirements described in 46 CFR 
162.050-37.
    (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.
    (7) Each main component of the monitoring system must be designed 
in accordance with the applicable requirements contained in subchapters 
F and J.
    (b) Sampling system. (1) Sampling points must be located so 
relevant samples can be obtained from those outlets 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 oil content 
meter must meet the requirements of this paragraph.
    (2) The piping and probes must be--
    (i) Of a material resistant to fire, corrosion, and oil; and
    (ii) 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 short as possible between an alteration in the 
mixture being pumped and the alteration in the oil content meter 
reading. In no case should the response time, including the response 
time of the oil content meter, be more than 40 seconds.
    (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 oil content meter 
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 oil content meter 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, 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 oil content

[[Page 3381]]

meter, 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 that 
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, fault or no flow; 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 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 at 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) Oil content meter 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; 
or
    (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 oil content 
meters 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 oil content meter 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 oil content meter 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 an oil content meter must 
include the following operations:
    (l) A check of flow rate, pressure drop, or an equivalent parameter 
as appropriate;
    (2) A check of all alarm functions built into the meter;
    (3) A check of all switching functions interconnecting with other 
parts of the system; and
    (4) A check for correct reading at several ppm values on all 
measurement scales when operated on an oil appropriate for the 
application of the oil content meter or by an equivalent method.
    (c) A functional check conducted on a control section of a 
monitoring system must include the following operations:

[[Page 3382]]

    (1) A check of all alarm functions;
    (2) A check of the correct function of the signal processor and the 
recording equipment when simulated input signals of ppm, flow rate, and 
speed are varied;
    (3) A 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) A check that a signal is given to the overboard discharge 
control when alarm conditions are reached; and
    (5) A 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 following documentation must 
be submitted:
    (a) A description of the monitoring system. The description must 
include a diagram 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 will 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 diagram 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 oil content 
meter.
    (h) Technical documentation relevant to other main components of 
the monitoring system. This documentation must include the vibration 
report for the control section of the monitoring section.
    (i) 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 
onboard survey of the monitoring system and confirming the installation 
reflects the manufacturer's specific installation criteria.


Sec.  157.37   [Amended]

0
12. In Sec.  157.37--
0
a. In the introductory text of paragraph (a)(6), remove the words ``a 
cargo monitor'' and add, in their place, the words ``an oil discharge 
monitoring'';
0
b. In paragraph (c), remove the words ``cargo monitor'' and add, in 
their place, the words ``oil discharge monitoring and control system''; 
and
0
c. In paragraph (d), remove the words ``a cargo monitor'' and add, in 
their place, the words ``an oil discharge monitoring and control 
system''.

0
13. 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.


Sec.  157.43   [Amended]

0
14. In Sec.  157.43--
0
a. In the introductory text of paragraph (a), remove both occurrences 
of the words ``cargo monitor'' and add, in their respective places, the 
words ``oil discharge monitoring and control system''; and
0
b. In the introductory text of paragraph (b), remove the words ``a 
cargo monitor'' and add, in their place, the words ``an oil discharge 
monitoring and control system''.

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

0
Appendix F to Part 157 [Removed and Reserved]
0
15. Remove and reserve Appendix F to part 157.

Title 46--Shipping

PART 162--ENGINEERING EQUIPMENT

0
16. 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. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of 
Homeland Security Delegation No. 0170.1.


0
17. 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, oil content 
meters, and bilge alarms.
* * * * *

0
18. 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.
    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, oil content meters, or bilge alarms.
    Oil content meter or meter means a component of the oil discharge 
monitoring and control system that is designed to measure the oil 
content of cargo residues from cargo tanks and oily mixtures combined 
with these residues.
    PPM means parts per million by volume of oil in water.
    Response time means the time elapsed between an alteration in the

[[Page 3383]]

sample being supplied to the bilge alarm and the ppm display showing 
the correct response.

0
19. Revise Sec.  162.050-4 to read as follows:


Sec.  162.050-4  Incorporation by reference: Where can I get a copy of 
the publications mentioned in this part?

    (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 a 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, Office of Design and Engineering 
Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001, 
telephone 202-372-1379, and is available from the sources indicated in 
paragraph (b) of this section.
    (b) American Society for Testing and Materials 100 Barr Harbor 
Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM D2777-98, Standard Practice for Determination of Precision 
and Bias of Applicable Test Methods of Committee D-19 on Water (``ASTM 
D2777-98''), incorporation by reference approved for Sec.  162.050-15.
    (2) [Reserved]
    (c) International Organization for Standardization (ISO) 1, rue de 
Varemb[eacute], Case postale 56, CH-1211 Geneva 20, Switzerland 
(Internet: http://www.iso.org):
    (1) International Standard ISO 8217 Third edition 2005-11-01, 
Petroleum products--Fuels (class F)--Specifications of marine fuels 
(``ISO 8217''), incorporation by reference approved for Sec.  162.050-
20.
    (2) International Standard ISO 9377-2 First edition 2000-10-15, 
Water Quality--Determination of hydrocarbon oil index--Part 2: Method 
using solvent extraction and gas chromatography (``ISO 9377-2''), 
incorporation by reference approved for Sec.  162.050-39.
    (d) Underwriters Laboratories, Inc., (UL) 12 Laboratory Drive, 
Research Triangle Park, NC 27709-3995
    (1) Underwriters Laboratories Standard 913 (as revised April 8, 
1976), incorporation by reference approved for Sec. Sec.  162.050-21, 
162.050-25.
    (2) [Reserved]

0
20. In Sec.  162.050-5, revise the introductory text of paragraph (a) 
and revise paragraph (a)(6) and (a)(8) to read as follows:


Sec.  162.050-5   Contents of application.

    (a) An application for approval of a separator, oil content meter, 
or a bilge alarm must contain the following information:
* * * * *
    (6) An operating and maintenance manual containing detailed and 
easily understandable instructions on installation, operation, 
calibration, zeroing, and maintenance of the item.
* * * * *
    (8) For each oil content meter, a statement of whether it is to be 
used with crude oils, refined products, or both.
* * * * *

0
21. In Sec.  162.050-7--
0
a. In paragraph (e), remove the words ``fifty (50)'' wherever they 
appear and add, in their place, the figure ``50'';
0
b. Revise paragraph (f) to read as set out below;
0
c. Revise paragraph (h)(2) to read as set out below;
0
d. In paragraph (h)(3), remove ``No. 3S'' and add, in its place, ``No. 
3A'';
0
e. In paragraph (h)(4), remove ``No.5S'' and add, in its place, ``No. 
5A'', and
0
f. Revise the introductory text of paragraphs (i) and (i)(2) to read as 
set out below;
0
g. Remove paragraph (j) and redesignate paragraph (k) as paragraph (j);
0
h. Revise newly redesignated paragraphs (j)(2) and (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) An oil content meter is approved under this subpart if--
* * * * *
    (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) * * *
    (2) The oil content of each sample taken during approval testing is 
15 ppm  5 ppm;
    (3) Its response time is five seconds or less; and
* * * * *

0
22. In Sec.  162.050-9, add paragraph (a)(6) to read as follows:


Sec.  162.050-9  Test report.

    (a) * * *
    (6) A statement that the lab followed the testing procedures 
prescribed in 46 CFR subpart 162.050.
* * * * *


Sec.  162.050-11  [Amended]

0
23. In Sec.  162.050-11--
0
a. In paragraph (a), remove the word ``monitor'' and add, in its place, 
the words ``oil content meter''; and
0
b. In paragraph (b)(8), remove the words ``a cargo monitor'' and add, 
in their place, the words ``an oil content meter''.


Sec.  162.050-14  [Removed]

0
24. Remove Sec.  162.050-14.

0
25. 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 the Commanding Officer, 
U.S. Coast Guard Marine Safety Center, Engineering Division, 2100 2nd 
St., 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

[[Page 3384]]

method described in Sec.  162.050-39 and report the value of each of 
the 12 measurements to the Commanding Officer, U.S. Coast Guard Marine 
Safety Center, Engineering Division, 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] TR16JA09.018


is 3.106. If paragraph (f)(2) of this section applies, then (n-1) = 10 
and
[GRAPHIC] [TIFF OMITTED] TR16JA09.019

    =3.169.(iii) Compute the value of u, where
    [GRAPHIC] [TIFF OMITTED] TR16JA09.020
    

where n = 12 if all samples meet the criteria of paragraph b(f)(1) and 
n = 11 if paragraph (f)(2) applies.
    (iv) Compare the absolute value of Xd to the value of u. 
If [bond]Xd[bond] < u, then the facility meets the criteria.
* * * * *
    (h) A facility may not subcontract for approval testing unless 
previously authorized by the Coast Guard. A request for authorization 
to subcontract must be sent to the Commanding Officer, U.S. Coast Guard 
Marine Safety Center, Engineering Division, 2100 2nd St., SW., 
Washington, DC 20593-0001.

0
26. In Sec.  162.050-17--
0
a. Revise Figure 162.050-17(a) to read as set out below;
0
b. Revise paragraphs (b)(1), (b)(2), (c)(1), and (c)(3) as set out 
below;
0
c. Remove the reference to ``162.050-17(e)'' in paragraph (d), and add, 
in its place, the reference ``162.050-17(d)''; and
0
d. Remove Figure 162.050-17(e) and add, in its place, Figure 162.050-
17(d) to read as follows:


Sec.  162.050-17  Separator test rig.

    (a) * * *
FIGURE 162.050-17(a)--SEPARATOR TEST RIG
[GRAPHIC] [TIFF OMITTED] TR16JA09.005

    (b) * * *
    (1) Be a centrifugal pump capable of operating at 1,000 revolutions 
per minute or more;
    (2) Have a delivery capacity of at least 1.5 times the maximum 
throughput at which the separator being tested is designed to operate;
* * * * *
    (c) * * *
    (1) Influent water flows at a Reynolds Number of at least 10,000;
    (2) * * *
    (3) Its length is at least 20 times its inside diameter.
    (d) * * *
FIGURE 162.050-17(d)--SAMPLE POINT

[[Page 3385]]

[GRAPHIC] [TIFF OMITTED] TR16JA09.006


0
27. In Sec.  162.050-19--
0
a. In the section heading, remove the word ``Monitor'' and add, in its 
place, the words ``Oil content meter'';
0
b. In paragraph (a), remove the words ``monitors'' and ``monitor'' and 
add, in their respective places, the words ``oil content meters'' and 
``meter'';
0
c. In paragraph (c), remove the text ``one thousand (1,000)'' and add, 
in its place, the figure ``1,000''; and
0
d. Revise Figure 162.050-19 to read as follows:


Sec.  162.050-19  Oil Content Meter and Bilge Alarm Test Rig

* * * * *
    FIGURE 162.050-19--MONITOR AND BILGE ALARM TEST RIG
    [GRAPHIC] [TIFF OMITTED] TR16JA09.007
    

0
28. Add Sec.  162.050-20 to read as follows:


Sec.  162.050-20  Separator and bilge alarm test fluids.

    (a) Tests required in Sec. Sec.  162.050-23 and 162.050-35 must be 
performed using the following three types of test fluids:
    (1) Test Fluid A, which is a marine residual fuel oil in accordance 
with ISO 8217 (incorporated by reference, see Sec.  162.050-4), type 
RMG 380 (density at 15 [deg]C not less than 980 kg/m3);
    (2) Test Fluid B which is a marine distillate fuel oil in 
accordance with ISO 8217, type DMA (density at 15 [deg]C not less than 
830 kg/m3);
    (3) Test Fluid C must be a mixture of an oil-in-fresh water 
emulsion, where 1 kg of the mixture consists of:
    (i) 947.8 g of fresh water;
    (ii) 25.0 g of Test Fluid A;
    (iii) 25.0 g of Test Fluid B;
    (iv) 0.5 g of surfactant (sodium salt of dodecylbenzene sulfonic 
acid) in the dry form; and
    (v) 1.7 g of iron oxides, a black ferrosoferric oxide 
(Fe3O4) with a particle size distribution of 
which 90 percent is less than 10 microns, the remainder having a 
maximum particle size of 100 microns.

[[Page 3386]]

    (b) Test Fluid C must be prepared as needed for Sec.  162.050-23 or 
Sec.  162.050-35 by using 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, but 
use no more than the minimum amount of water necessary to make a 
complete solution;
    (3) Fill clean test fluid tank with fresh water with a quantity 1.2 
times the volume of the total quantity of water in Test Fluid C needed 
for the test described in Sec. Sec.  162.050-23 and 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 of 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
[GRAPHIC] [TIFF OMITTED] TR16JA09.012


[[Page 3387]]


[GRAPHIC] [TIFF OMITTED] TR16JA09.013


[[Page 3388]]


[GRAPHIC] [TIFF OMITTED] TR16JA09.014

Sec.  162.050-21  [Amended]

0
29. In Sec.  162.050-21--
0
a. In paragraph (b), add the words ``(incorporated by reference, see 
Sec.  162.050-4)'' after the words ``(dated April 8, 1976)''; and
0
b. In paragraph (e), remove the text ``twenty-four (24)'' and add, in 
its place, the figure ``24'', and remove the words ``to be installed in 
an unattended machinery space''.

0
30. In Sec.  162.050-23--
0
a. Remove paragraph (a)(2), and redesignate paragraphs (a)(3) through 
(a)(13) as paragraphs (a)(2) through (a)(12);
0
b. Revise redesignated paragraph (a)(4) to read as set out below;
0
c. In redesignated paragraph (a)(11), remove the text ``one (1)'' and 
add, in its place, the figure ``1'';
0
d. In redesignated paragraph (a)(12), immediately after the text ``Test 
No. 5'', remove the letter ``S'' and add, in its place, the letter 
``A'';
0
e. Add paragraph (a)(13) to read as follows; and
0
f. Remove paragraphs (b) through (g), 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.
* * * * *
    (13) If a separator has an integral bilge alarm, the separator must 
be tested with the bilge alarm installed.
* * * * *
    (b) The following tests must be conducted using Test Fluid A:
    (1) Test No. 1A. The separator is filled with water and started. 
Next, the separator is fed with pure Test Fluid A for at least 5 
minutes and then with a mixture of Test Fluid A and water influent 
containing Test Fluid A content of between 5,000 and 10,000 ppm until

[[Page 3389]]

a steady flow rate at a steady, constant ppm 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 must 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 must be conducted using Test Fluid C: Test 
No. 1C. The separator is fed with a mixture composed of 6 percent Test 
Fluid C and 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.


Sec.  162.050-25  [Amended]

0
31. In Sec.  162.050-25--
0
a. In paragraph (c), add the words ``(incorporated by reference, see 
Sec.  162.050-4)'' immediately after the words ``(dated April 8, 
1976)''.
0
b. In paragraph (g), remove the text ``twenty (20)'' and add, in its 
place, the figure ``20''.

0
32. Revise Sec.  162.050-27 to read as follows:


Sec.  162.050-27   Oil content meter: Approval tests.

    This section contains requirements that apply to performing each 
test.
    (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. No 
maintenance, including replacement of parts, may be performed on the 
meter during or between the tests described in this section.
    (2) A test rig of the type described in Sec.  162.050-19 must be 
used when 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 meter 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. 2 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 meter is designed to operate.
    (9) The particulate contaminant described in Test No. 5 in 
paragraph (f) of this section, if not attapulgite, must be of a type 
that does not lose more than 3 percent of its weight after ignition and 
must be insoluble in a 500 ppm mixture.
    (10) In each test the meter 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. 1 Calibration and Zero Test. The meter 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 meter. Each mixture is fed to the meter in the order listed 
in Table 162.050-27(c) for 15 minutes. Water is fed to the meter for a 
15-minute period between each mixture. At the end of each 15-minute 
period, an oil content reading is obtained and recorded, and a 
calibration curve must be created.
    (c) Test No. 2 Response to Different Oil Types Test. (1) If the 
meter 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 
meter. Each concentration is fed to the meter in the order listed until 
a steady reading occurs and is recorded. After each steady reading is 
recorded, the meter is fed with water for 15 minutes. At the end of 
each 15-minute period of feeding the meter with water, an oil content 
reading is again obtained and recorded, and a calibration curve must be 
created.
    (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). A 
calibration curve must be created for each oil tested.

[[Page 3390]]



                                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.
                                              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 meter will 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 meter will 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. 3 Response Time Test. (1) The meter is fed with water, 
zeroed, and then fed with a 100 ppm mixture. The time at which the 
meter 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 meter.
    (e) Test No. 4 Oil Fouling and Calibration Shift Test. (1) The 
meter is fed with water, zeroed, and then fed with a mixture containing 
10 percent oil for one minute. The following must be recorded:
    (i) Time at which the meter 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 meter;
    (v) Time of returning to the highest oil concentration that can be 
read on the meter;
    (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 meter 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) If it is necessary to clean the meter after each oil-fouling 
test for it to return to a zero reading, this fact and the time 
required to clean and recalibrate the meter must be noted and recorded 
in the test report.
    (5) The meter is fed with a 100 ppm mixture until a steady oil 
content reading is obtained and recorded.
    (f) Test No. 5 Contaminant Test. (1) The meter is fed with a 15 ppm 
mixture until a steady oil content reading is obtained and recorded.
    (2) The meter 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; 
then, 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. 6 Air Entrainment Test. (1) The meter is fed with a 15 
ppm

[[Page 3391]]

mixture until a steady oil content reading is obtained and recorded.
    (2) Air is injected into the meter 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 1 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. 7 Oil Particle Size--Centrifugal Pump Test. (1) The 
meter is fed with a 100 ppm mixture until a steady oil content reading 
is obtained and recorded.
    (2) The meter 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. 8 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 meter is designed to operate, 
whichever is lower.
    (j) Test No. 9 Sample Pressure or Flow Test. (1) The steps 
described in paragraph (h)(1) of this section are repeated.
    (2) If the meter has a positive displacement mixture pump, the 
mixture pressure is lowered to one-half of the meter's maximum design 
pressure. If the meter has a centrifugal mixture pump, or is not 
equipped with a mixture pump, the mixture flow rate is reduced to one-
half of the meter'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 meter has a positive displacement mixture pump, the 
mixture pressure is increased to twice the meter's design pressure. If 
the meter has a centrifugal mixture pump or does not have a mixture 
pump, the mixture flow rate is increased to twice the meter'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. 10 Shutoff 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. 11 Supply Voltage Variation Test. (1) The supply 
voltage to the meter is increased to 110 percent of its design supply 
voltage. The meter 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 meter 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 meter 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 meter in the 
manner prescribed in those steps for supply voltage.
    (m) Test No. 12 Calibration and Zero Drift Test. (1) The meter 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 meter for 8 hours. At the end 
of the 8-hour period, an oil content reading is obtained and recorded.
    (4) The meter is fed with water until a steady oil content reading 
is obtained and recorded.
    (n) Test No. 13 Shutdown and Restart Test. (1) All power to the 
meter is shutoff for one week. After 1 week the meter is restarted, 
zeroed, and calibrated.
    (2) The meter is fed with a 100 ppm mixture for 1 hour. An oil 
content reading is then obtained and recorded.
    (3) The meter 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 meter is fed with a 100 ppm mixture, the meter is inclined at 
an angle of 22.5[deg] with the plane of its normal operating position.


Sec.  162.050-29  [Removed]

0
33. Remove Sec.  162.050-29.


Sec.  162.050-31  [Removed]

0
34. Remove Sec.  162.050-31.

0
35. In Sec.  162.050-33--
0
a. Revise paragraph (b) to read as set out below;
0
b. In paragraph (c)(1), remove the two ``p.p.m.'' abbreviations, and 
add, in their places, the letters ``ppm''; and
0
c. Add new paragraphs (d) through (h) to read as follows:


Sec.  162.050-33  Bilge alarm: Design specification.

* * * * *
    (b) Each bilge alarm must be designed to meet the requirements for 
an oil content meter in Sec.  162.050-25(b) through (f) and 162.050-
25(i), and the requirements in this section.
* * * * *
    (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, onboard testing in accordance with the manufacturer's 
operating instructions is permitted for the purposes of checking 
instrument drift and repeatability of the instrument reading, as well 
as the ability to re-zero the instrument. 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 must require the breaking of a seal, 
except when--
    (1) Re-zeroing the instrument;
    (2) Checking the instrument drift; or
    (3) Checking the repeatability of the instrument reading.
    (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.

0
36. Revise Sec.  162.050-35 to read as follows:

[[Page 3392]]

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 meters in 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 must 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)(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 must 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 
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 Shutoff 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 Drift 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) Following the steps in paragraph (g)(2) of this section, the 
bilge alarm must be run on clean, oil-free water only and any zero 
drift must be 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 Shutdown and Restart Test. (1) All power to the 
bilge alarm is shutoff for 1 week. After 1 week the alarm is then 
restarted, zeroed, and calibrated.
    (2) The steps described in paragraph (d)(1) of this section are 
repeated. Water is then fed to the bilge alarm 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.

0
37. In Sec.  162.050-37--
0
a. Revise paragraph (b) to read as set out below; and
0
b. Add paragraph (c) to read as follows:


Sec.  162.050-37  Vibration test.

* * * * *
    (b)(1) Each oil content meter and bilge alarm and each control of a 
separator must be subjected to continuous sinusoidal vibration in each 
of the following directions for a 2 hour period in each direction:
    (i) Vertically up and down;
    (ii) Horizontally from side to side; and
    (iii) Horizontally from end to end.
    (2) The vibrating frequency must be 80 Hz, except that the 
vibrating frequency of equipment that has a resonant frequency between 
2 Hz and 80 Hz must be the resonant frequency. If the vibrating 
frequency is between 2 Hz and 13.2 Hz, the displacement amplitude must 
be 1 mm. If the vibrating frequency is between 13.2 Hz

[[Page 3393]]

and 80 Hz, the acceleration amplitude must be  
[(.7)(gravity)].
    (c) After completion of the tests specified in paragraph (b) of 
this section, a search must again be made for resonance and any 
significant change in the vibration pattern must be noted in the test 
report.

0
38. Revise Sec.  162.050-39 to read as follows:


Sec.  162.050-39  Measurement of oil content.

    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).

    Dated: January 12, 2009.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security & Stewardship.
 [FR Doc. E9-802 Filed 1-15-09; 8:45 am]
BILLING CODE 4910-15-P