Updates to Marine Engineering Standards

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, and 64

[Docket No. USCG-2020-0634]

RIN 1625-AC72

Updates to Marine Engineering Standards

AGENCY:

Coast Guard, DHS.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Coast Guard proposes to incorporate by reference updated marine engineering standards and eliminate outdated or unnecessarily prescriptive regulations in Title 46 of the Code of Federal Regulations (CFR) subchapter F. This proposed rule is part of a continuing effort for regulatory reform that increases compliance options for the regulated public while providing a cost savings to the regulated public and the U.S. government.

DATES:

Comments and related material must be received by the Coast Guard on or before December 20, 2021.

ADDRESSES:

You may submit comments identified by docket number USCG-2020-0634 using the Federal eRulemaking Portal at

https://www.regulations.gov.

See the “Public Participation and Request for Comments” portion of the

SUPPLEMENTARY INFORMATION

section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT:

For further information about this document call or email Thane Gilman, Systems Engineering Division (CG-ENG-3), 2703 Martin Luther King Jr. Ave. SE, Washington, DC 20593. Phone (202) 372-1383, Email:

thane.gilman@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments

II. Abbreviations

III. Background, Basis, and Purpose

IV. Discussion of Proposed Rule

A. General Discussion

B. Standards Incorporated by Reference

C. Standards Previously Approved for Incorporation by Reference

D. Section by Section Analysis of Proposed Changes to the Regulatory Text

V. Incorporation by Reference

VI. 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

The Coast Guard views public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

We encourage you to submit comments through the Federal eRulemaking Portal at

www.regulations.gov.

If you cannot submit your material by using

www.regulations.gov,

call or email the person in the

FOR FURTHER INFORMATION CONTACT

section of this proposed rule for alternate instructions. Documents mentioned in this proposed rule, and all public comments, will be available in our online docket at

www.regulations.gov,

and can be viewed by following that website's instructions. Additionally, if you visit the online docket and sign up for email alerts, you will be notified when comments are posted or if a final rule is published.

We accept anonymous comments. All comments received will be posted without change to

https://www.regulations.gov

and will include any personal information you have provided. For more about privacy and submissions in response to this document, see the Department of Homeland Security's (DHS) eRulemaking System of Records notice (85 FR 14226, March 11, 2020).

We do not plan to hold a public meeting but we will consider doing so if public comments indicate that a meeting would be helpful. We would issue a separate

Federal Register

notice to announce the date, time, and location of such a meeting.

II. Abbreviations

ABYC American Boat and Yacht Council

ABS American Bureau of Shipping

ANSI American National Standards Institute

API American Petroleum Institute

ASME American Society of Mechanical Engineers

ASTM ASTM International

BLS Bureau of Labor Statistics

BPVC Boiler and Pressure Vessel Code

CFR Code of Federal Regulations

CG-5PS United States Coast Guard Commercial Regulations and Standards Directorate

CGA Compressed Gas Association

DHS Department of Homeland Security

FR Federal Register

GPO Government Publishing Office

GS General Service

IBR Incorporation by Reference

IMO International Maritime Organization

ISO International Organization for Standardization

MISLE Marine Information for Safety and Law Enforcement

MSC Marine Safety Center

MSS Manufacturers Standardization Society of the Valve and Fitting Industry, Inc.

NAICS North American Industry Classification System

NFPA National Fire Protection Association

NPRM Notice of Proposed Rulemaking

OFR Office of the Federal Register

OMB Office of Management and Budget

OPM Office of Personnel Management

PV Pressure Vessel

RA Regulatory Analysis

RFA The Regulatory Flexibility Act of 1980

§ Section

SAE SAE International

SBA Small Business Administration

SOLAS International Convention for Safety of Life at Sea

UL Underwriters Laboratories

U.S.C. United States Code

III. Background, Basis, and Purpose

This notice of proposed rulemaking (NPRM) incorporates by reference updated marine engineering standards in Title 46 of the Code of Federal Regulations (CFR) subchapter F, including standards for boilers, pressure vessels, auxiliary machinery, piping, valves, and fittings, for various types of vessels; adds a limited number of alternative standards; and eliminates outdated or unnecessarily prescriptive regulations.

The Office of Management and Budget (OMB) directs, via OMB Circular A-119, that federal agencies use industry-based voluntary consensus standards in lieu of government-unique requirements where appropriate. The Coast Guard actively participates in the development of industry standards of safety for marine equipment at the International Maritime Organization (IMO), the International Organization for Standardization (ISO), ASTM International (ASTM), American Society of Mechanical Engineers (ASME), and other standards-setting bodies that belong to the American National Standards Institute (ANSI). Recently published editions of these standards provide necessary updates to materials, testing practices, and technologies, enhancing safety and compliance.

The United States Coast Guard has statutory authority to promulgate regulations under Title 43, United States Code (U.S.C.), section 1333(d); and Title 46 U.S.C. 3306 and 3703, and the Department of Homeland Security Delegation No. 0170.1, which delegates authority under these statutes to the Commandant of the Coast Guard. 43 U.S.C. 1333(d) grants the Secretary the authority to promulgate and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on artificial islands, installations, and other devices. 46 U.S.C. 3306(a)(1) authorizes the Secretary to prescribe regulations for the design, construction, alteration, repair, and operation of vessels subject to inspection, including equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, and electric installations. Additionally, 46 U.S.C. 3703(a) grants the Secretary authority to regulate tank vessels regarding the construction, alteration, repair, maintenance, operation, and equipping of vessels that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment.

IV. Discussion of Proposed Rule

A. General Discussion

In general, the proposed rule would make the following changes:

1. Corrections—we would amend several sections to correct inadvertent errors or deletions. We would also remove material that is obsolete or superfluous to an efficient and effective marine safety regulatory scheme, and update contact information for Coast Guard offices and standards organizations.

2. Stylistic Revisions—we would revise the language of some sections, primarily for greater clarity. This includes revising sentences containing the word “shall” to use “must” or another grammatically equivalent word or phrase in accordance with plain language guidelines, and standardizing terms that were variously presented as compound words, hyphenated constructions, or multi-word phrases using the format preferred by the Government Publishing Office (GPO).

3. Updated cross references—we would update cross references to reflect the relocation, within the CFR, of pertinent provisions. We would also standardize designations for tables, figures, notes, and formulas using the format preferred by the Office of the Federal Register (OFR).

4. Updated industry standards—we would update cross-references to industry standards by adding new references, replacing references to superseded standards or editions, and by conforming text accordingly. We incorporate these updated standards because they reflect the latest available technologies, practices, and procedures that are recommended by consensus bodies, ship classification societies and other maritime organizations with experience in the industry. As the baseline upon which other standards, rules, and equivalency requests are evaluated, it is important that subchapter F incorporate up-to-date references. The class rules of the American Bureau of Shipping (ABS), in particular, are incorporated by reference in multiple locations within subchapter F and 46 CFR Chapter I. It is important to note that while these rules set the regulatory baseline or standard for specific engineering systems and equipment, the Coast Guard has also authorized classification societies in accordance with 46 CFR part 8. These authorized classification societies are listed on the Coast Guard website

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and have been delegated the authority to perform certain functions and certifications using their respective class rules for vessels enrolled in the Alternate Compliance Program. For vessels not enrolled in the Alternate Compliance Program, the class rules of an authorized classification society may be proposed as an alternative to the ABS class rules incorporated by reference for engineering systems and equipment. The following table indicates the sections we propose to amend, and why.

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https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Commercial-Vessel-Compliance/Flag-State-Control-Division/ClassSocAuth/.

BILLING CODE 9110-04-P

EP19OC21.007

EP19OC21.008

EP19OC21.009

EP19OC21.010

EP19OC21.011

BILLING CODE 9110-04-C

B. Standards Incorporated by Reference To Be Updated or Added

Following this paragraph, we include an alphabetical list of the standards we propose to update or add, each with a listing of the sections in which they appear in Title 46 of the CFR. For each standard listed, we describe the topics covered by the standard, the proposed changes to the standard, any difference between the older edition of standards currently included within the CFR via incorporation by reference (IBR) and the edition proposed for adoption, and a list of subparts or sections that reference the standard.

• American Bureau of Shipping (ABS) standard ABS Rules for Building and Classing Marine Vessels, 2020, Part 4, Vessel Systems and Machinery. This standard updates the 2003 standard, incorporated by reference in §§ 58.01-5, 58.05-1, 58.10-15, 58.20-5, 58.25-5, 62.25-30, 62.35-5, 62.35-35, 62.35-40, 62.35-50, and 62.50-30. In 2020, ABS changed the name of the Steel Vessel Rules to Marine Vessel Rules. All parts and sections contain the same information along with updates to reflect the current technologies for commercial vessels.

• American Boat and Yacht Council (ABYC) standard ABYC P-1-14, Installation of Exhaust Systems for Propulsion and Auxiliary Engines (2009 standard reaffirmed 2014). This standard updates the 1973 standard, incorporated by reference at § 58.10-5. It contains the rules and guidance for the safe installation and operation of exhaust systems for propulsion and auxiliary engines. Updates to the standard are editorial (non-substantive) in nature.

• ANSI Z21.22-2015, Relief valves for hot water supply systems. This standard updates the 1986 edition incorporated by reference at § 63.25-3. This standard establishes requirements for relief valves for hot water systems. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the standard intent. It is the internationally accepted standard.

• API Recommended Practice 14C, Analysis, Design, Installation, and Testing of Safety Systems for Offshore Production Facilities, Eighth Edition, February 2017. This standard updates the 1986 edition, incorporated by reference in § 58.60-9. The updates made to the standard are editorial in nature.

• API STD 53, Well Control Equipment Systems for Drilling Wells, fifth edition. This standard replaces API Recommended Practice 53 (API RP 53), the second edition of which is currently incorporated by reference at § 58.60-7. API STD 53 promotes best safety practices for the oil and gas industry during drilling operations, principally focusing on blowout prevention.

• API STD 607, Fire Test for Quarter-turn Valves and Valves Equipped with Nonmetallic Seats, seventh edition (2016). This standard replaces the fourth edition of API STD 607 (1993), incorporated by reference at § 56.20-15. This standard specifies fire type-testing of valves that contain nonmetallic materials and pressure-containing capabilities after the fire test.

• ASME Boiler and Pressure Vessel Code, Section I, Rules for Construction of Power Boilers (2019 edition). The 2001 edition is currently incorporated by reference at §§ 52.01-2, 52.01-5, 52.01-50, 52.01-95, 52.01-100, 52.01-105, 52.01-110, 52.01-115, 52.01-120, 52.01-135, 52.01-140, 52.01-145, 52.05-1, 52.05-15, 52.05-20, 52.05-30, 52.05-45, 52.15-1, 52.15-5, 52.20-1, 52.20-25, 52.25-3, 52.25-5, 52.25-7, 52.25-10, 56.15-1, 56.20-1, 56.60-1, 56.70-15, 56.95-10, 58.30-15, and 59.10-5. By means of this rule, we propose to remove the references at §§ 56.20-1 and 56.70-15. This portion of the ASME Boiler and Pressure Vessel Code (BPVC) provides rules for construction of power boilers, electric

boilers, miniature boilers, and high temperature water boilers to be used in stationary service and includes power boilers used in locomotive, portable, and traction service. Every two years, the code is revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the code. It is the internationally-accepted authoritative standard for design and construction of boilers. Incorporating the latest edition simplifies regulatory compliance and ensures the latest industry practices based on changes in technology are addressed and the highest possible level of safety is required. The 2019 standard updates the code by developing a new non-mandatory appendix for fabrication of dissimilar metal welds for creep strength enhanced ferritic steel to austenitic materials, rewriting section PW-38, incorporating non-mandatory appendix A-100, including detailed rules for preheating and inter-pass temperatures and interruption of welding and preheat, and adding a new figure for code jurisdictional limits for piping for fire-tube boilers.

• ASME Boiler and Pressure Vessel Code, Section IV, Rules for Construction of Heating Boilers (2019 edition). The 2004 edition is currently incorporated by reference at §§ 53.01-3, 53.01-5, 53.01-10, 53.05-1, 53.05-2, 53.05-3, 53.05-5, 53.10-1, 53.10-3, 53.10-10, 53.10-15, and 53.12-1. This code contains requirements, specific prohibitions, and non-mandatory guidance for construction of heating boilers. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the code. It is the internationally accepted authoritative standard for design and construction of heating boilers. Incorporating the latest editions ensures compliance with current industry practices. The 2019 code updates Section IV by adding stress values to Table HF-30001 and adding language to various parts to allow for electronic signatures.

• ASME Boiler and Pressure Vessel Code, Section VII, Recommended Guidelines for the Care of Power Boilers (2019 edition). The 2001 edition is currently incorporated by reference at §§ 59.01-2. This code contains requirements, specific prohibitions, and non-mandatory guidance for construction of power boilers. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the code. It is the internationally accepted authoritative standard for operating, maintaining, examining, and care of power boilers. Incorporating the latest editions ensures compliance with current industry practices. The changes made to the standard are structural and stylistic. ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Pressure Vessels (2019 edition). The 1998 edition is currently incorporated by reference at §§ 54.01-2, 54.01-5, 54.01-15, 54.01-18, 54.01-25, 54.01-30, 54.01-35, 54.03-1, 54.05-1, 54.10-1, 54.10-3, 54.10-5, 54.10-10, 54.10-15, 54.15-1, 54.15-5, 54.15-10, 54.15-13, 54.20-1, 54.20-3, 54.25-1, 54.25-3, 54.25-8, 54.25-10, 54.25-15, 54.25-20, 54.30-3, 54.30-5, 54.30-10, 56.15-1, 56.20-1, 56.25-5, 56.30-10, 56.30-30, 56.60-1, 56.60-2, 56.60-15, 56.95-10, 58.30-15, 59.10-5, and 59.10-10. By means of this rule, we propose to remove the references at §§ 54.01-15, 56.20-1, and 56.30-30. The 1989 edition is also incorporated by reference at §§ 64.5, 64.11, 64.13, 64.21, 64.25, and 64.31, and reference is made to the use of a constant from the 1974 edition in a calculation at § 64.63. However, these earlier editions would remain unchanged within the CFR, as part 64 is applicable only to marine portable tanks for which the Coast Guard's Marine Safety Center (MSC) received an application on or before May 1, 1991. This code contains requirements, specific prohibitions, and non-mandatory guidance for construction of pressure vessels. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the code. It is the internationally accepted authoritative standard for design and construction of heating boilers. Incorporating the latest editions ensures compliance with current industry practices. The 2019 edition allows for additional design methods from Div. 2 to be used in Div. 1 by creating new appendix 46. Revisions were also made for clarity.

• ASME Boiler and Pressure Vessel Code, Section IX, Welding, Brazing, and Fusing Qualifications (2019 edition). This standard updates the 1989 edition currently incorporated at §§ 56.70-5, 56.70-20, 56.75-2, 57.01-1, 57.01-1,57.02-2, 57.02-3, 57.02-4, 57.03-1, 57.04-1, 57.05-1, 57.06-1, 57.06-3, 57.06-4, and 59.10-5. By means of this rule, we propose to newly incorporate this standard at § 56.85-10 and to remove the references at §§ 57.01-1, 57.02-3, and 57.06-3. This standard establishes the qualifications of welders, welding operators, brazers, and brazing operators and the procedures employed in welding or brazing, and has been regularly revised to accommodate technological developments, address administrative requirements, incorporate interpretations, and clarify the intent of the code. It is the internationally accepted authoritative standard for pressure vessels.

• ASME B1.1-2003 (reaffirmed 2008), Unified Inch Screw Threads (UN and UNR Thread Form). This standard updates the 1982 edition, incorporated by reference at §§ 56.25-20 and 56.60-1, and specifies the thread form, series, class, allowance, tolerance, and designation for unified screw threads. The revision changes some of the values in tables provided in the standard. These changes in value were the result of the application of consistent eight decimal and round rules established in ASME B1.30-1992.

• ASME B1.20.1-2013, Pipe Threads, General Purpose (Inch). This standard updates the 1983 edition incorporated by reference at § 56.60-1, and covers the dimensions and gauging of pipe threads. The revisions to the standard include editorial changes, changes in calculations and figures, and clarification of figures.

• ASME B1.20.3-1976, Dryseal Pipe Threads (Inch), January 1, 1976, reaffirmed 2013 (“ASME B1.20.3”), IBR approved for § 56.60-1. We are updating the reaffirmation date of this standard to conform with its most recent reaffirmation. This document primarily provides specific dimensions for tapered pipe threads of various common sizes, and has not changed substantially.

• ASME B16.1-2015, Gray Iron Pipe Flanges and Flanged Fittings, Classes 25, 125, and 250. This standard updates the 1998 standard for these fittings as incorporated by reference in §§ 56.60-1 and 56.60-10. It covers pressure-temperature ratings, markings, and materials for Classes 25, 125, and 250 gray iron pipe flanges and flanged fittings. Updates include editorial changes, revisions and corrections to the 1998 edition.

• ASME B16.3-2016, Malleable Iron Threaded Fittings, Classes 150 and 300. This standard updates the 1998 edition incorporated by reference at § 56.60-1, and covers pressure-temperature ratings, dimensions, markings, and materials for Classes 150 and 300 malleable iron threaded fittings. Updates to the standard are editorial in nature, with changes made to update verbiage and readings.

• ASME B16.4-2016, Gray Iron Threaded Fittings, Classes 125 and 250.

This standard updates the 1998 edition incorporated by reference at § 56.60-1. It covers pressure-temperature ratings, markings, materials, dimensions, and tolerances for Classes 125 and 250 gray iron threaded fittings. The updates to this standard include metric system units and revisions to the text concerning dimensions and tolerance.

• ASME B16.5-2017, Pipe Flanges and Flanged Fittings, NPS

1/2

through NPS 24 Metric/Inch Standard. This standard updates the 2003 edition incorporated by reference at §§ 56.25-20, 56.30.10, and 56.60-1. It covers pressure-temperature ratings, materials, dimensions, tolerances, marking, testing, and methods of designing openings for pipe flanges and flanged fittings. The updates made to this standard include updating materials and requirements for forgings.

• ASME B16.11-2016, Forged Fittings, Socket-Welding and Threaded. This standard updates the 2001 edition incorporated by reference at §§ 56.30-5 and 56.60-1. It covers pressure-temperature ratings, materials, dimensions, tolerances, marking, and testing for forged fittings. Updates to the standard include the addition of another type of fitting, format and reference revisions, and marking requirements.

• ASME B16.14-2013, Ferrous Pipe Plugs, Bushings, and Locknuts with Pipe Threads. This standard updates the 1991 edition incorporated by reference at § 56.60-1. It covers pressure-temperature ratings, materials, dimensions, tolerances, marking, testing, and threading for various threaded ferrous pipe fittings. The updates to this standard were mostly editorial and conforming in nature, with revisions to section 8 requiring threads and gauging practices to conform to ASME B1.20.1 and other B16 standards.

• ASME B16.15-2013, Cast Copper Alloy Threaded Fittings, Classes 125 and 250. This standard updates the 1985 edition that is currently incorporated by reference at § 56.60-1. It covers pressure-temperature ratings, materials, dimensions, tolerances, marking, testing, and threading requirements for Classes 125 and 250 of cast copper alloy fittings. The standard was updated in 2004, and 2011, and the 2013 edition revises section 7, requiring threading and gauging practices be identical to ASME B1.20.1 and other B16 standards.

• ASME B16.20-2012, Metallic Gaskets for Pipe Flanges, Ring-Joint, Spiral-Wound, and Jacketed. This standard updates the 1998 edition incorporated by reference at § 56.60-1. It covers materials, dimensions, tolerances, and markings for metal ring-joint gaskets, spiral-wound metal gaskets, metal-jacketed gaskets, and grooved metal gaskets with covering layers. The updates to the standard include minor revisions to the material requirements for spiral-wound gaskets, along with tables and figures.

• ASME B16.21-2016, Nonmetallic Flat Gaskets for Pipe Flanges. This standard updates the 2005 edition incorporated by reference at § 56.60-1. It covers types, sizes, materials, and dimensions for gaskets used with flanges. The 2016 edition primarily expands the scope of the standard to include values greater than size 12 NPS.

• ASME B16.23-2016, Cast Copper Alloy Solder Joint Drainage Fittings: DWV. This standard updates the 2002 edition incorporated by reference at § 56.60-1. It covers materials, dimensions, tolerances, and markings for cast copper alloy solder joint drainage fittings, designed for use in drain, waste, and vent systems. The updates in the 2016 edition are editorial in nature, with updates to verbiage and readings.

• ASME B16.25-2012, Buttwelding Ends. This standard updates the 2003 edition incorporated by reference at §§ 56.30-5, 56.60-1, and 56.70-10. It covers the preparation of buttwelding ends of piping components to be joined into a piping system by welding and includes requirements for welding bevels, for external and internal shaping of heavy-wall components, and for preparation of internal ends (including dimensions and tolerances). The updates to the standard are editorial in nature, and include updated reference and tables.

• ASME B16.29-2012, Wrought Copper Alloy Solder-Joint Drainage Fittings-DWV. This standard updates the 2007 edition currently incorporated at § 56.60-1. This standard covers the materials, marking, sizes, and dimensions for wrought copper and copper alloy solder-joint drainage fittings, and was updated editorially in 2012.

• ASME B16.34-2017, Valves—Flanged, Threaded, and Welding End. This standard updates the 1996 edition currently incorporated by reference at §§ 56.20-1 and 56.60-1, though we propose to remove the reference at § 56.20-1 through this rule. This standard applies to new construction and covers pressure-temperature ratings, dimensions, tolerances, materials, testing and marking for flanged, threaded, and welding end valves. The standard updates the materials manufactured list to include valves up to NPS 60 and changes were made to allowable materials.

• ASME B18.2.1-2012, Square, Hex, Heavy Hex, and Askew Head Bolts and Hex, Heavy Hex, Hex Flange, Lobed Head, and Lag Screws (Inch Series). This standard updates the 1996 edition incorporated by reference at §§ 56.25-20 and 56.60-1. It covers the dimensional requirements for nine product types of inch series bolts and screws recognized as American National Standard. The 2012 standard provides significant revisions to illustrations in tables 6, 7 and 8 which provided the wrong dimensions for several figures.

• ASME B18.2.2-2015, Nuts for General Applications: Machine Screw Nuts, Hex, Square, Hex Flange, and Couplings Nuts (Inch Series). This standard updates the 1987 edition incorporated by reference at §§ 56.25-20 and 56.60-1. It covers complete general and dimensional data for various types of inch series hex and square nuts.

• ASME B31.1-2016, Power Piping, ASME Code for Pressure Piping, B31. This standard updates the 2001 edition currently incorporated by reference at §§ 56.01-3, 56.01-5, 56.07-5, 56.07-10, 56.10-1, 56.10-5, 56.15-1, 56.15-5, 56.20-1, 56.25-7, 56.30-1, 56.30-5, 56.30-10, 56.30-20, 56.35-1, 56.50-1, 56.50-15, 56.50-40, 56.50-65, 56.50-70, 56.50-97, 56.60-1, 56.65-1, 56.70-10, 56.70-15, 56.80-5, 56.80-15, 56.95-1, 56.95-10, and 56.97-1. By means of this rule, we propose to add a new reference at § 56.70-5 and remove the existing references at §§ 56.15-5, 56.20-1, 56.30-10, 56.50-15, and 56.50-65. This standard prescribes requirements for the design, materials, fabrication, inspection, operation, and maintenance of piping systems. The updates to the standard were numerous, with many revisions to nomenclature and additions to stress test values for several items in various tables.

• ASME B31.3-2018, Process Piping, ASME Code for Pressure Piping, B31. This standard updates the 1987 edition currently incorporated by reference at § 58.60-7, and would also be adopted for § 56.60-1. ASME B31.3 is the industry standard for low temperature piping. It is a more appropriate reference for low temperature piping than ASME B31.1, which is the current main reference document for Part 56. A specific standard for low temperature piping is needed due to the increase in liquefied natural gas (LNG) as a ship fuel. LNG is cryogenic, necessitating the use of very specific materials.

• ASME B31.5-2016, Refrigeration Piping and Heat Transfer Components, ASME Code for Pressure Piping, B31. This standard updates the 1987 edition, incorporated by reference at § 58.20-5 and 58.20-20. It prescribes requirements

for the materials, design, fabrication, assembly, test and inspection of refrigerant, heat transfer components, and secondary cooling piping for very low temperatures. The changes in the standards are editorial in nature.

• ASME B36.10M-2015, Welded and Seamless Wrought Steel Pipe. This standard updates the 2004 edition incorporated by reference at §§ 56.07-5, 56.30-20, and 56.60-1. This standard covers the standardization of dimensions of welded and seamless wrought steel pipe for high or low temperatures and pressure. The 2015 edition updates the standard with editorial changes and revisions.

• ASME CSD-1-2018, Controls and Safety Devices for Automatically Fired Boilers. This standard updates the 2004 edition currently incorporated by reference at §§ 63.10-1, 63.15-1, and 63.20-1. This standard establishes requirements for the assembly, installation, maintenance, and operation of controls and safety devices on automatically operated boilers. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the standard. It is the internationally accepted authoritative standard on controls and safety devices for pressure vessels.

• ASME SA-675-2021, Standard Specification for Steel Bars, Carbon, Hot-Wrought, Special Quality, Mechanical Properties. This standard replaces the 1998 edition currently incorporated at § 56.60-2. The standard is identical to ASTM A675 in that it covers special quality carbon steel bars and bar size shapes to specific mechanical properties, most importantly tensile strength. The current standard has minor technical differences from the 1998 edition, such as minor changes to maximum carbon content of certain steel grades.

• ASTM A20/A20M-19, Standard Specification for General Requirements for Steel Plates for Pressure Vessels. The 1997 edition is currently incorporated by reference at §§ 54.05-10 and 54.25-10. This standard provides a group of common requirements that apply to rolled steel plates used for pressure vessels. It has been regularly updated to address advancements in steel plate chemical compositions, manufacturing processes, and material testing.

• ASTM A36/A36M-14, Standard Specification for Carbon Structural Steel. This standard updates the 1997 edition incorporated by reference at § 56.30-10. This standard covers “carbon steel shapes, plates, and bars of structural quality for use in rivet, bolted, or welded construction . . .for general purposes.” The updates to the standard include updates to material construction limits for plate products greater than 15 inches.

• ASTM A47A47M-99 (Reapproved 2014), Standard Specification for Ferritic Malleable Iron Castings. This standard updates the 1995 edition incorporated by reference at § 56.60-1. This standard, which covers ferritic malleable castings for general engineering usage at temperatures from normal ambient to approximately 400°C (750 °F), is routinely updated to reflect updates in technology and practices.

• ASTM A53/A53M-12, Standard Specification for Pipe, Steel, Black and Hot Dipped, Zinc-Coated, Welded and Seamless. This standard updates the 1998 edition incorporated by reference at §§ 56.10-5 and 56.60-1. It covers seamless and welded black and hot-dipped galvanized steel pipes and is updated to reflect changes in material composition for copper content of a type of pipe, as well as some editorial changes.

• ASTM A126-04, Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings (Reapproved 2014). This standard updates the 1995 edition incorporated by reference at § 56.60-1. It covers three classes of gray iron for castings intended for use as valve pressure retaining parts, pipe fittings, and flanges and is updated to reflect changes in material testing.

• ASTM A135/A135M-19, Standard Specification for Electric-Resistance-Welded Steel Pipe. This standard updates the 1997 edition incorporated by reference at § 56.60-1. It covers two grades of electric-resistance-welded steel pipe in NPS 2 to NPS 30 wall thickness. The standard has been updated to reflect changes in material testing and some editorial changes.

• ASTM A193/A193M-19, Standard Specification for Alloy-Steel and Stainless Steel Bolting for High-Temperature Service or High Pressure Service and Other Special Purpose Applications. This updates the 1998 standard incorporated by reference at § 58.30-15. This standard covers alloy and stainless steel bolting materials and components for pressure vessels, valves, flanges, and fittings for high temperature or high-pressure service. The updates to this standard are editorial in nature with minor technical changes and changes in material testing and grading.

• ASTM A197/A197M-00 (Reapproved 2015), Standard Specification for Cupola Malleable Iron. This standard updates the 1992 edition incorporated by reference at § 56.60-1. It covers malleable irons for castings made by the cupola process. The standard has been updated to reflect changes in material testing, as well as with some editorial changes.

• ASTM A203/A203M-17, Standard Specification for Pressure Vessel Plates, Alloy Steel, Nickel. The 1997 edition is currently incorporated by reference at § 54.05-20. This standard covers nickel-alloy steel plates intended for pressure vessels. It has been revised twice since 1997 to update the chemical composition requirements of nickel-alloy steel and to eliminate prescriptive “current practice” thickness limits. Instead, thickness is only limited by the capacity of the composition to meet specified mechanical properties.

• ASTM A210/A210M-19, Standard Specification for Seamless Medium-Carbon Steel Boiler and Superheater Tubes. This standard updates the 1996 edition incorporated by reference at § 56.60-1. It covers minimum-wall-thickness, seamless medium-carbon steel, boiler flues, including safe ends, arch and stay tubes, and superheater tubes and is updated to reflect changes in material testing and grading, as well as some editorial changes.

• ASTM A268/A268M-10 (Reapproved 2016), Standard Specification for Seamless and Welded Ferritic and Martensitic Stainless Steel Tubing for General Service. This standard updates the 1996 edition incorporated by reference at § 56.60-1. It covers minimum-wall-thickness, stainless steel tubing for general corrosion-resisting and high-temperature service. The updated standard reflects changes in material testing and grading, as well as some editorial changes.

• ASTM A276/A276M-17, Standard Specification for Stainless Steel Bars and Shapes. This standard updates the 1998 edition incorporated by reference at § 56.60-2. It covers hot-finished or cold-finished bars except bars for forging. The updated standard reflects changes in material testing and grading, as well as some editorial changes.

• ASTM A312/A312M-17, Standard Specification for Seamless, Welded, and Heavily Cold Worked Austenitic Stainless Steel Pipes. This standard updates the 1995 edition incorporated by reference at §§ 56.50-105 and 56.60-1. The standard covers overs seamless, straight-seam welded, and heavily cold worked welded austenitic stainless steel pipe intended for high-temperature and general corrosive service. The standard is updated to reflect changes in material testing and grading, as well as some editorial changes.

• ASTM A333/A333M-16, Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service and Other Applications with Required Notch Toughness. This standard updates the 1994 edition incorporated by reference at §§ 56.50-105 and 56.60-1. It covers nominal (average) wall seamless and welded carbon and alloy steel pipe intended for use at low temperatures and in other applications requiring notch toughness and is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A334/A334M-04a (Reapproved 2016), Standard Specification for Seamless and Welded Carbon and Alloy-Steel Tubes for Low-Temperature Service. This standard updates the 1994 edition incorporated by reference at §§ 56.50-105 and 56.60-1. It covers nominal (average) wall seamless and welded carbon and alloy steel tubes intended for use at low temperatures and in other applications requiring notch toughness and is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A350/A350M-17, Standard Specification for Carbon and Low-Alloy Steel Forgings, Requiring Notch Toughness Testing for Piping Components. The standard updates the 1997 edition incorporated by reference at § 56.50-105. This standard covers several grades of carbon and low-alloy steel forged or ring-rolled flanges, forged fittings and valves intended primarily for low-temperature service and requiring notch toughness testing. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A352/A352M-17, Standard Specification for Steel Castings, Ferritic and Martensitic, for Pressure-Containing Parts, Suitable for Low-Temperature Service. The standard updates the 1998 edition incorporated by reference at § 56.50-105. This standard covers steel castings for valves, flanges, fittings, and other pressure-containing parts. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A358/A358M-15, Standard Specification for Electric-Fusion-Welded Austenitic Chromium-Nickel Stainless Steel Pipe for High-Temperature Service and General Applications. The standard updates the 1992 edition incorporated by reference at § 56.60-1. This standard covers the grades of alloy and stainless steel piping suitable for corrosive or high-temperature service. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A370-19, Standard Test Methods and Definitions for Mechanical Testing of Steel Products. The 1997 edition is currently incorporated by reference at § 54.25-20. This standard covers procedures and definitions for the mechanical testing of steels, stainless steels, and related alloys. It has been revised almost annually since 1997 to address advancements in testing technology and practices.

• ASTM A376/A376M-17, Standard Specification for Seamless Austenitic Steel Pipe for High-Temperature Service. The standard updates the 1998 edition incorporated by reference at §§ 56.60-1 and 56.60-2. This standard covers grades of hydrogen and nitrogen for seamless austenitic steel pipes made for high-temperature service. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A403/A403M-16, Standard Specification for Wrought Austenitic Stainless Steel Piping Fittings. The standard updates the 1998 edition incorporated by reference at § 56.60-1. This standard covers wrought stainless steel fittings for pressure piping applications. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A420/A420M-16, Standard Specification for Piping Fittings of Wrought Carbon Steel and Alloy Steel for Low-Temperature Service. The standard updates the 1996 edition incorporated by reference at §§ 56.50-105 and 56.60-1. This standard covers fittings for use in pressure piping and pressure vessel service at low temperatures. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A522/A522M-14, Standard Specification for Forged or Rolled 8 and 9% Nickel Alloy Steel Flanges, Fittings, Valves, and Parts for Low-Temperature Service. The standard updates the 1995 edition incorporated by reference at § 56.50-105. This standard covers 8 or 9% nickel-alloy steel forged or rolled flanges, fittings, valves, and parts intended for use in welded pressure vessels for low-temperature service. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A575-96 (Reapproved 2013), Standard Specification for Steel Bars, Carbon, Merchant Quality, M-Grades. The standard updates the 1996 (reapproved in 2007) edition incorporated by reference at § 56.60-2. This standard covers hot-wrought merchant quality steel bars produced to a chemical composition. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM A576-17, Standard Specification for Steel Bars, Carbon, Hot-Wrought, Special Quality. The standard updates the 1990 edition (reapproved in 2012) incorporated by reference at § 56.60-2. This standard covers hot-wrought special quality steel bars. The standard is updated to reflect editorial revisions and corrections.

• ASTM B16/B16M-10 (Reapproved 2015), Standard Specification for Free-Cutting Brass Rod, Bar and Shapes for Use in Screw Machines. The standard updates the 1992 edition incorporated by reference at § 56.60-2. This standard establishes the requirements for free-cutting brass rod, bar, wire and shapes of any specified cross section produced from copper alloy suitable for high speed screw matching applications and moderate thread rolling. The standard is updated to reflect editorial revisions as well as changes in material composition, grading, and testing.

• ASTM B21/B21M-20, Standard Specification for Naval Brass Rod, Bar, and Shapes. The standard updates the 1996 edition incorporated by reference at § 56.60-2. It establishes the requirements for naval brass rod, bar, and shapes produced from copper alloy, including dimensions, workmanship and appearance, testing methods, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B26/B26-M-18, Standard Specification for Aluminum-Alloy Sand Castings. The standard updates the 1997 edition incorporated by reference at § 56.60-2. It covers specifications aluminum-alloy sand castings used in general purpose applications, including dimensions, workmanship and appearance, testing methods, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B42-20, Standard Specification for Seamless Copper Pipe, Standard Sizes. The standard updates the 1996 edition incorporated by reference at § 56.60-1. This standard covers the requirements for seamless copper pipe in all nominal or standard pipe sizes, both regular and extra-strong, suitable for use in plumbing, boiler feed lines, and for similar purposes. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B43-15, Standard Specification for Seamless Red Brass

Pipe, Standard Sizes. The standard updates the 1996 edition incorporated by reference at § 56.60-1. This standard covers grades of hydrogen and nitrogen for seamless austenitic steel pipes made for high-temperature service. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B68/B68M-19, Standard Specification for Seamless Copper Tube, Bright Annealed. The standard updates the 1995 edition incorporated by reference at § 56.60-1. This standard covers the requirements for bright annealed seamless copper tube suitable for use in refrigeration, oil lines, and gasoline lines, where tubing with an interior surface free from scale and dirt is required. This standard was also updated in 2011. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B75/B75M-19, Standard Specification for Seamless Copper Tube. The standard updates the 1997 edition incorporated by reference at § 56.60-1. This standard establishes the requirements for seamless round, rectangular, and square copper tube suitable for general engineering applications. This standard was also updated in 2011. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B85/B85M-18, Standard Specification for Aluminum-Alloy Die Castings. The standard updates the 1996 edition incorporated by reference at § 56.60-2. It covers aluminum alloy die castings for use in general purpose applications, including dimensions, workmanship and appearance, testing methods, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B96/B96M-16, Standard Specification for Copper-Silicon Alloy Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure Vessels. The standard updates the 1993 edition incorporated by reference at §§ 56.60-2 and 58.50-5. This standard establishes requirements for copper-silicon alloy plate, sheet, strip, and rolled bar for drawing, forming, stamping, bonding, and general engineering applications. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B111/B111M-18a, Standard Specification for Copper and Copper-Alloy Seamless Condenser Tubes and Ferrule Stock. The standard updates the 1995 edition incorporated by reference at § 56.60-1. It establishes the requirements for seamless tube and ferrule stock of copper and various copper alloys, including testing methods, material and manufacture, mechanical properties, and performance requirements. The standard is updated to reflect editorial revisions in the tables provided in the standard.

• ASTM B122/B122M-16, Standard Specification for Copper-Nickel-Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel Alloy Plate, Sheet, Strip, and Rolled Bar. This updates the 1998 standard incorporated by reference at § 58.50-5. This standard establishes the requirements for copper-nickel-tin alloy, copper-nickel-zinc alloy (nickel silver), and copper-nickel alloy plate, sheet, strip, and rolled bar, including testing methods, material and manufacture, mechanical properties, and performance requirements. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM B124/B124M-18, Standard Specification for Copper and Copper Alloy Forging Rod, Bar, and Shapes. The standard updates the 1996 edition incorporated by reference at § 56.60-2. It establishes the requirements for copper and copper alloy rod, bar, and shapes intended for hot forging, including testing methods, material and manufacture, mechanical properties, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B127-19, Standard Specification for Nickel-Copper Alloy Plate, Sheet, and Strip. This updates the 1993 standard incorporated by reference at §§ 58.50-5 and 58.50-10. This standard covers the requirements for rolled nickel-copper alloy plate, sheet, and strip including testing methods, material and manufacture, mechanical properties, and performance requirements. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM B152/B152M-19, Standard Specification for Copper Sheet, Strip, Plate, and Rolled Bar. This updates the 1997 standard incorporated by reference at § 58.50-5. This standard covers the requirements for copper sheet, strip, plate, and rolled bar, including testing methods, material and manufacture, mechanical properties, and performance requirements. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM B161-05 (Reapproved 2019), Standard Specification for Nickel Seamless Pipe and Tube. The standard updates the 1993 edition incorporated by reference at § 56.60-1. It covers the requirements for nickel and low-carbon nickel in the form of cold-worked seamless pipe and tubes, including testing methods, material and manufacture, mechanical properties, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B165-19, Standard Specification for Nickel-Copper Alloy Seamless Pipe and Tube. The standard updates the 1993 edition incorporated by reference at § 56.60-1. It covers the requirements for nickel-copper alloy in the form of cold-worked seamless pipe and tubes, including testing methods, material and manufacture, mechanical properties, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B167-18, Standard Specification for Nickel-Chromium-Aluminum Alloys (UNS N06699), Nickel-Chromium-Iron Alloys (UNS N06600, N06601, N06603, N06690, N06693, N06025, N06045, and N06696), Nickel-Chromium-Cobalt-Molybdenum Alloy (UNS N06617), Nickel-Iron-Chromium-Tungsten Alloy (UNS N06674), and Nickel-Chromium-Molybdenum-Copper Alloy (UNS N06235) Seamless Pipe and Tube. The standard updates the 1997 edition incorporated by reference at § 56.60-1. The standard covers cold-worked annealed, hot worked, annealed, and hot-finished seamless pipe and tube intended for general corrosion resistant and heat resistant applications. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B171/B171M-18, Standard Specification for Copper-Alloy Plate and Sheet for Pressure Vessels, Condensers, and Heat Exchangers. The standard updates the 1995 edition incorporated by reference at § 56.60-2. It covers the requirements for copper-alloy plate, sheet, and circles cut from plate and sheet for pressure vessels, condensers, and heat exchangers, including testing methods, material and manufacture, mechanical properties, and performance requirements. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B209-14, Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate. This updates the 1996 standard incorporated by reference at §§ 58.50-5 and 58.50-10. This standard covers aluminum and aluminum-alloy flat sheet, coiled sheet, and plate, including testing methods,

material and manufacture, mechanical properties, and performance requirements. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM B210/B210M-19a, Standard Specification for Aluminum and Aluminum-Alloy Drawn Seamless Tubes. The standard updates the 1995 edition incorporated by reference at § 56.60-1. It covers aluminum and aluminum-alloy drawn seamless tubes in straight lengths and coils for general purpose and pressure application in alloys. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B234-17, Standard Specification for Aluminum and Aluminum-Alloy Drawn Seamless Tubes for Surface Condensers, Evaporators, and Heat Exchangers. This standard updates the 1995 standard incorporated by reference at § 56.60-1. It covers aluminum-alloy drawn seamless round tube in straight lengths for use in surface condensers, evaporators, and heat exchangers. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B241/B241M-16, Standard Specification for Aluminum and Aluminum-Alloy Seamless Pipe and Seamless Extruded Tube. The standard updates the 1996 edition incorporated by reference at § 56.60-1. It covers aluminum and aluminum-alloy seamless pipe intended for pressure applications, and outlines the standard sizes and tempers necessary. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B280-18, Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service. The standard updates the 1997 edition incorporated by reference at § 56.60-1. This standard establishes the requirements for seamless copper tube intended for use in the connection, repairs, or alterations of air conditioning or refrigeration units in the field. The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B283/B283M-18, Standard Specification for Copper and Copper-Alloy Die Forgings (Hot-Pressed). The standard updates the 1996 edition incorporated by reference at § 56.60-2. This standard establishes the requirements for copper and copper alloy die forgings produced by the hot pressing method. The standard is updated to reflect editorial revisions as well as changes in chemical compositions and material grading and testing.

• ASTM B315-19, Standard Specification for Seamless Copper Alloy Pipe and Tube. The standard updates the 1993 edition incorporated by reference at § 56.60-1. This standard establishes the requirements for seamless copper alloy tube intended for general engineering purposes. The standard is updated to reflect editorial revisions.

• ASTM B361-16, Standard Specification for Factory-Made Wrought Aluminum and Aluminum-Alloy Welding Fittings. The standard updates the 1995 edition, incorporated by reference at § 56.60-1. It covers factory-made wrought aluminum and aluminum-alloy welding fittings (butt-welding or socket-end parts). The standard is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM B858-06 (Reapproved 2018), Standard Test Method for Ammonia Vapor Test for Determining Susceptibility to Stress Corrosion Cracking in Copper Alloys. The standard updates the 1995 edition, incorporated by reference at § 56.60-2. This test method describes a procedure to determine the presence of residual stress in wrought copper alloy products that may lead to stress corrosion cracking. The standard is updated to reflect editorial revisions as well as changes in material testing.

• ASTM D92-18, Standard Test Method for Flash and Fire Points by Cleveland Open Cup Tester. This updates the 1997 standard incorporated by reference at § 58.30-10. The standard describes the determination of the flash point and fire point of petroleum products by manual or automated Cleveland open cup apparatus. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM D93-19, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester. This updates the 1997 standard incorporated by reference at § 58.01-10. These test methods cover the determination of the flash point of petroleum products in the temperature range from 40 °C to 370 °C by manual or automated Pensky-Martens closed-cup apparatus. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM D323-15a, Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method). This updates the 1994 standard incorporated by reference at § 58.16-5. This standard covers test method procedures for the determination of vapor pressure of gasoline, volatile crude oil, and other volatile petroleum products. The updates to this standard are editorial in nature with minor technical changes, or changes in material testing and grading.

• ASTM D665-19, Standard Test Method for Rust-Preventing Characteristics of Inhibited Mineral Oil in the Presence of Water. This standard updates the standard from 1998, incorporated by reference at § 61.20-17. It covers test methods evaluating the ability of inhibited mineral oils, particularly steam-turbine oils, to aid in rust prevention of ferrous parts. The edits to this standard are editorial in nature.

• ASTM E23-18, Standard Test Methods for Notched Bar Impact Testing of Metallic Materials. The standard updates the 1996 edition, incorporated by reference at §§ 54.05-5 and 56.50-105. This test method describes notched-bar impact testing of metallic materials. The standard is updated to reflect editorial revisions as well as changes in material testing.

• ASTM E208-19, Standard Test Method for Conducting Drop-Weight Test to Determine Nil-Ductility Transition Temperature of Ferritic Steels. The standard updates the 1995 edition, currently incorporated by reference at § 54.05-5. This standard describes methods of determining nil-ductile transition (NDT) of ferritic steels. It has been revised three times since 1995 to address advancements in testing methods.

• ASTM F1006-86 (Reapproved 2018), Standard Specification for Entrainment Separators for Use in Marine Piping Applications. The standard updates the 1986 edition (reapproved in 2008), incorporated by reference at § 56.60-1. It covers the minimum requirements for the pressure-temperature rating, testing, and making of pressure-containing vessels for entrainment separators and is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM F1007-18, Standard Specification for Pipeline Expansion Joints of the Packed Slip Type for Marine Application. This standard updates the 1986 edition (reapproved in 2007), incorporated by reference at § 56.60-1. It covers the design, manufacturing, and testing of packed slip tube expansion joints used in pipelines for thermal growth and contraction and is updated to reflect editorial revisions as well as changes in material grading and testing.

• ASTM F1020-86 (Reapproved 2018), Standard Specification for Line-Blind Valves for Marine Applications.

This standard reapproves the 1986 edition (reapproved last in 2011), incorporated by reference at § 56.60-1. It provides the minimum requirements for design fabrication, pressure rating, and testing for line-blind valves.

• ASTM F1120-87 (Reapproved 2015), Standard Specification for Circular Metallic Bellows Type Expansion Joints for Piping Applications. This standard reapproves the 1987 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It establishes the requirements for design, manufacture, inspection, and testing of circular metallic bellows-type expansion joints for piping applications.

• ASTM F1123-87 (Reapproved 2015), Standard Specification for Non-Metallic Expansion Joints. This standard reapproves the 1987 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It provides the minimum requirements for construction, materials, performance, and dimensional requirements of arch-type non-metallic expansion joints.

• ASTM F1139-88 (Reapproved 2015), Standard Specification for Steam Traps and Drains. This standard reapproves the 1988 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. This standard provides the minimum requirements for the design, fabrication, pressure rating, marking, and testing of steam traps and drains.

• ASTM F1155-10 (Reapproved 2015), Standard Practice for Selection and Application of Piping System Materials. ASTM F1155 already specifies a list of acceptable material and design standards for many shipboard systems. This standard is currently not incorporated by reference in 46 CFR part 56, and would be incorporated by reference in §§ 56.50-60, 56.50-105, 56.60-1, and 56.60-15. Incorporating F1155 would enable the removal of the following standards from Part 56:

○ ASME B16.9, Factory-Made Wrought Steel Buttwelding Fittings.

○ ASME B16.10, Face-to-Face and End-to-End Dimensions of Valves.

○ ASME B16.18, Cast Copper Alloy Solder Joint Pressure Fittings.

○ ASME B16.22, Wrought Copper and Copper Alloy Solder-Joint Pressure Fittings.

○ ASME B16.24, Cast Copper Alloy Pipe Flanges, Flanged Fittings, and Valves Classes 150, 300, 600, 900, 1500, and 2500.

○ ASME B16.42, Ductile Iron Pipe Flanges and Flanged Fittings Classes 150 and 300.

○ ASTM A106/A106M, Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.

○ ASTM A139/A139M, Standard Specification for Electric-Fusion (Arc)-Welded Steel Pipe (NPS 4 and Over).

○ ASTM A182/A182M, Standard Specification for Forged or Rolled Alloy-Steel Pipe Flanges, Forged Fittings, and Valves and Parts for High-Temperature Service.

○ ASTM A192/A192M, Standard Specification for Seamless Carbon Steel Boiler Tubes for High-Pressure Service.

○ ASTM A194/A194M, Standard Specification for Carbon and Alloy Steel Nuts for Bolts for High Pressure or High Temperature Service, or Both.

○ ASTM A213/A213M, Standard Specification for Seamless Ferritic and Austenitic Alloy-Steel Boiler, Superheater, and Heat-Exchanger Tubes.

○ ASTM A214/A214M, Standard Specification for Electric-Resistance-Welded Carbon Steel Heat-Exchanger and Condenser Tubes.

○ ASTM A234/A234M, Standard Specification for Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and High Temperature Service.

○ ASTM A249/A249M, Standard Specification for Welded Austenitic Steel Boiler, Superheater, Heat-Exchanger, and Condenser Tubes.

○ ASTM A307, Standard Specification for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength.

○ ASTM A320/A320M, Standard Specification for Alloy-Steel and Stainless Steel Bolting for Low-Temperature Service.

○ ASTM A335/A335M, Standard Specification for Seamless Ferritic Alloy-Steel Pipe for High-Temperature Service.

○ ASTM A351/A351M, Standard Specification for Castings, Austenitic, for Pressure-Containing Parts.

○ ASTM A395/A395M, Standard Specification for Ferritic Ductile Iron Pressure-Retaining Castings for Use at Elevated Temperatures.

○ ASTM A536, Standard Specification for Ductile Iron Castings.

○ ASTM B88, Standard Specification for Seamless Copper Water Tube.

○ ASTM F682, Standard Specification for Wrought Carbon Steel Sleeve-Type Pipe Couplings.

○ MSS SP-44, Steel Pipe Line Flanges.

○ MSS SP-67, Butterfly Valves.

○ MSS SP-72, Ball Valves with Flanged or Butt-Welding Ends for General Service.

○ MSS SP-83, Class 3000 and 6000 Pipe Unions, Socket Welding and Threaded (Carbon Steel, Alloy Steel, Stainless Steels, and Nickel Alloys).

• ASTM F1172-88 (Reapproved 2015), Standard Specification for Fuel Oil Meters of the Volumetric Positive Displacement Type. This standard reapproves the 1988 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It provides the minimum requirements for the design, fabrication, pressure rating, marking, calibration and testing for fuel oil measurement meters of the volumetric, positive displacement type. Editorial corrections were made in the 2015 standard.

• ASTM F1173-01 (Reapproved 2018), Standard Specification for Thermosetting Resin Fiberglass Pipe Systems to be Used for Marine Applications. This standard reapproves the 1995 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It covers reinforced thermosetting resin pipe systems with nominal pipe sizes 1 through 48 in. (25 through 1200 mm). The update reflects editorial revisions as well as changes in material grading and testing.

• ASTM F1199-88 (Reapproved 2015), Standard Specification for Cast (All Temperatures and Pressures) and Welded Pipe Line Strainers (150 psig and 150 °F Maximum). This standard reapproves the 1988 edition (reapproved last in 2010) incorporated by reference at § 56.60-1. It covers the minimum requirements for the design, fabrication, rating, marking, and testing of cast and welded pipe line strainers.

• ASTM F1200-88 (Reapproved 2016), Standard Specification for Fabricated (Welded) Pipe Line Strainers (Above 150 psig and 150 °F). This standard reapproves the 1988 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It covers the minimum requirements for the design, fabrication, rating, marking, and testing of welded pipe line strainers.

• ASTM F1201-88 (Reapproved 2016), Standard Specification for Fluid Conditioner Fittings in Piping Applications above 0 °F. This standard reapproves the 1988 edition (reapproved last in 2010), incorporated by reference at § 56.60-1. It provides the minimum requirements for pressure-retaining components of fluid conditioner fittings. It addresses the pressure-retaining component design, fabrication, rating, marking, and testing.

• ASTM F1323-14, Standard Specification for Shipboard Incinerators. This standard updates the 2001 standard currently incorporated by reference at § 63.25-9. It establishes requirements for design, manufacture, performance, operation, functioning, and testing of shipboard incinerators and has been regularly revised to accommodate technological

developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the standard.

• ASTM F1387-19, Standard Specification for Performance of Piping and Tubing Mechanically Attached Fittings. This standard updates the 1993 edition currently incorporated by reference at § 56.30-25. The standard covers performance characteristics required for mechanically attached fillings used in piping and tubing systems. The changes made to the standard include updates to references, deleting cancelled United States Military Specifications and Standards, corrections to notes and tables, and clarifications on required testing.

• ASTM F1476-07 (Reapproved 2013), Standard Specification for Performance of Gasketed Mechanical Couplings for Use in Piping Applications. This standard reapproves the 2007 edition, which updated the 1995 edition incorporated by reference at § 56.30-35. The specification provides the performance characteristics and qualification tests required for gasketed mechanical couplings, including grooved-type mechanical couplings for grooved end pipe. The changes made to the standard in 2007 were editorial in nature, and with some changes to material testing and grading.

• ASTM F1548-01 (Reapproved 2018), Standard Specification for Performance of Fittings for Use with Gasketed Mechanical Couplings Used in Piping Applications. This standard reapproves the 2001 edition, which updated the 1994 edition incorporated by reference at § 56.30-35. It defines classification, materials, test requirements, inspection certification, marking and packing of fittings for use with gasketed mechanical couplings. The changes made to the standard in 1999 were editorial in nature, with some changes to material testing and grading.

• Compressed Gas Association (CGA) standard CGA S-1.2-2009, Pressure Relief Device Standards—Part 2—Portable Containers for Compressed Gases. The 1979 edition is currently incorporated by reference at § 54.15-10. This standard covers the recommended minimum requirements for pressure relief devices used on portable containers for compressed gases that comply with regulations of the U.S. Department of Transportation or the corresponding regulations of Transport Canada. It has been revised at least five times since 1979 to address advancements in technology and changes in U.S. and Canadian regulations.

• Standards of the Expansion Joint Manufacturers Association, Tenth Edition (2015). This edition replaces the 1980 edition currently incorporated in § 56.60-1. This standard specifies the design and manufacturing requirements for expansion joints, including metallic bellows type, used in piping systems to accommodate pipe movements due to temperature expansion/contraction, and slight misalignments in joined piping sections.

• Fluid Controls Institute Inc. (FCI), FCI 69-1, Pressure Rating Standard for Steam Traps, 2017. The 2017 edition replaces the edition currently incorporated at § 56.60-1. This standard covers the minimum design, fabrication, pressure rating and marking of pressure-containing housings for steam traps. Revisions to this document consist mainly of editorial changes and modifications to definitions.

• International Convention for Safety of Life at Sea (SOLAS), 1974 as amended. This standard is not currently codified within 46 CFR part 56 or part 58, though its applicability to passenger vessels on international voyages is mentioned in § 56.50-50(c)(2). However, the CFR codifies language taken directly from SOLAS in a number of places in Titles 33 and 46 CFR. Incorporating specific SOLAS regulations by reference, in § 56.50-50 for bilge systems and § 58.25-10 for steering gear, would allow for an alternative to the prescriptive technical requirements of the CFR. SOLAS is an international maritime treaty that sets minimum safety standards in the construction, equipment, and operation of merchant ships. This requires no updates, merely the adoption of a standard already in place in practice.

• IMO Resolution MEPC.244(66), Standard Specification for Shipboard Incinerators, 2014. This document is proposed for addition as an alternate method of compliance to the requirements for shipboard incinerators in § 63.25-9. IMO MEPC.244(66) is the IMO's updated standard for shipboard incinerator design, defining the engineering requirements and environmental air emissions limits for ship incinerators.

• IMO Resolution MSC.337(91), Code on Noise Levels on Board Ships, 2012. This document replaces the older IMO Resolution A.468(XII), Code on Noise Levels on Board Ships, incorporated by reference in § 58.01-50. The Code on Noise Levels on Board Ships is intended to provide standards to prevent and mitigate the occurrence of hazardous noise levels on board ships, and to provide standards for an acceptable working and living environment for seafarers. The 2012 Code on Noise Levels on Board Ships reflects technology improvements and mandatory requirements not included in the older IMO Resolution, and is intended to provide the basis for a design standard.

• ISO 9096:2017(E), Stationary source emissions—Manual determination of mass concentration of particulate matter. This standard updates the 2003 edition currently incorporated by reference at § 63.25-9. This standard establishes methods for measurement of particulate matter concentration in waste gases. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the standard intent. It is the internationally accepted standard.

• ISO 13617:2019(E), Ships and marine technology—Shipboard incinerators—Requirements. This standard updates the 2001 edition currently incorporated by reference at § 63.25-9. This standard establishes design, manufacture, performance, operation, functioning and testing of incinerators. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the standard intent. It is the internationally accepted standard.

• ISO 15540:2016(E), Ships and marine technology—Fire resistance of non-metallic hose assemblies and non-metallic compensators—Test methods. This standard replaces the 1999 edition currently incorporated in § 56.60-25. It specifies the temperatures, duration, and pressure testing associated with fire tests used to qualify nonmetallic hose for use in ship piping systems.

• Manufacturers Standardization Society of the Valve and Fitting Industry, Inc. (MSS) standard MSS SP-6-2017, Standard Finishes for Contact Faces of Pipe Flanges and Connecting-End Flanges of Valves and Fittings. This standard updates the 2001 edition, incorporated by reference at §§ 56.25-10 and 56.60-1. This standard pertains to the finish of gasket contact faces of pipe flanges and connecting-end flanges of valves and fittings. The changes made to the standard were largely editorial in nature; however there are also some changes to definitions and material limitations.

• MSS SP-9-2013, Spot Facing for Bronze, Iron, and Steel Flanges. This standard updates the 2001 edition, incorporated by reference at § 56.60-1. It applies to the spot facing for U.S. customary bolting of pipe flanges in

bronze, gray iron, ductile iron, or settle. The changes made to the standard are editorial in nature, with some changes to material testing, design and grading.

• MSS SP-25 (ANSI/MSS SP-25-2018), Standard Marking System for Valves, Fittings, Flanges and Unions. The 1998 edition is currently incorporated by reference at § 54.01-25, while the 2001 edition is incorporated by reference at §§ 56.15-1, 56.20-5, and 56.60-1. This standard provides a marking system for new valves, fittings, flanges, and unions used in piping connections that include (but are not limited to) flanged, soldered, brazed, threaded, or welded joints. Markings are used for product identification and to assist in proper application. The standard has been revised three times since 1998 to address changes in industry practices.

• MSS SP-51-2012, Class 150LW Corrosion Resistant Flanges and Cast Flanged Fittings. This standard updates the 2003 edition, incorporated by reference at § 56.60-1. This standard establishes the design dimensions, tolerances, and pressure-temperature ratings for flanged steel fittings for both Metric and Imperial units.

• MSS SP-53-2012, Quality Standard for Steel Castings and Forgings for Valves, Flanges, Fittings, and Other Piping Components—Magnetic Particle Examination Method. This standard updates the 1995 edition, incorporated by reference at § 56.60-1. It provides methods and acceptance standards for magnetic particle examination of ferritic steel valves, flanges, fittings, and other piping components by use of dry magnetic powder or wet magnetic particles. The changes made to the standard are editorial in nature, with some changes to material testing, design and grading.

• MSS SP-55 (ANSI/MSS-SP-55-2011), Quality Standard for Steel Castings for Valves, Flanges and Fittings and Other Piping Components—Visual Method for Evaluation of Surface Irregularities. This standard updates the 2001 edition, incorporated by reference at § 56.60-1. The document describes common irregularities found in the castings of steel pipe fittings and flanges, as well as acceptable criteria for evaluating irregularities. The changes made to the standard are editorial in nature, with some changes to material testing, design and grading.

• MSS SP-58 (ANSI/MSS SP-58-2009), Pipe Hangers and Supports—Materials, Design, Manufacture, Selection, Application, and Installation. This standard updates the 1993 edition, incorporated by reference at § 56.60-1. MSS-SP-58 specifies the design criteria and minimum strength requirements for hangars used to mount piping systems to ship bulkheads and decks. The changes made to the standard are editorial in nature, with some changes to material testing, design and grading.

• MSS SP-61-2019, Pressure Testing of Valves. This standard updates the 2003 edition incorporated by reference at § 56.60-1. The document provides standardized technical requirements and acceptance criteria for the pressure testing of valves.

• National Fire Protection Association (NFPA) standard NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 2020 Edition. This standard provides the minimum requirements on boats for the prevention of fire and explosion, mitigation of carbon monoxide hazards, and life safety in case of fire. It updates the 1989 standard incorporated by reference at § 58.10-5. The updates to this standard are editorial in nature with minor technical changes, and changes in material testing and grading.

• SAE International (SAE) standard SAE J429 MAY2014, Mechanical and Material Requirements for Externally Threaded Fasteners. This standard updates the 1989 standard incorporated by reference at § 58.30-15. It covers the mechanical and material requirements for inch-series steel bolts, screws, studs, screws for screw-and-washer assemblies, and U-bolts.The updates to this standard are editorial in nature with minor technical changes, and changes in material testing and grading.

• SAE J1475 JUN2014, Hydraulic Hose Fittings for Marine Applications. This standard updates the 1996 edition currently incorporated in § 53.01-10. It covers the materials, design, and testing requirements for fittings used with flexible hose assemblies for use in ship piping systems. The updates to this document are primarily editorial in nature with no substantive change to technical requirements.

• SAE J1928 JUN2018, Devices Providing Backfire Flame Control for Gasoline Engines in Marine Applications. This standard updates the 1989 standard incorporated by reference at § 58.10-5. It covers the minimum requirements for design, construction, and testing of devices to prevent the propagation of backfire flame from a gasoline engine to the surrounding atmosphere. The updates to this standard are editorial in nature with minor technical changes, and changes in material testing and grading.

• SAE J1942 MAR2019, Hose and Hose Assemblies for Marine Applications. This standard updates the 1997 edition currently incorporated in § 56.60-25. It defines the design and testing requirements, including fire tests, for non-metallic flexible hose assemblies used in shipboard piping systems. Changes to this standard are administrative in nature, including updated testing frequency and record retention requirements.

• Underwriters Laboratories (UL) standard UL 174, Standard for Safety, Household Electric Storage Tank Water Heaters, Eleventh Edition, 2004 (reapproved in 2016). The 1996 edition is currently incorporated by reference at §§ 53.01-10 and 63.25-3. This standard contains requirements and non-mandatory guidance for household electric storage tank water heaters. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the intent of the standard. Incorporating the latest edition ensures compliance with current industry practices.

• UL 296, UL Standard for Safety Oil Burners, 11th Edition (“2017 UL 296”). This standard updates the 1993 edition currently incorporated by reference at § 63.15-5. This standard establishes requirements for oil burners intended for firing appliances and devices such as boilers, central, floor, wall, and special furnaces, storage tank water, air, and direct-fired air heater units. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the standard intent. It is the internationally accepted standard.

• UL 343, UL Standard for Safety Pumps for Oil-Burning Appliances, 2008. This standard updates the 1997 edition currently incorporated by reference at § 63.15-3. This standard establishes requirements for pumps intended for use as part of oil-burning appliances or installed in fuel-oil piping systems serving equipment. It has been regularly revised to accommodate technological developments, to address administrative requirements, to incorporate interpretations, and to clarify the standard intent. It is the internationally accepted standard.

• UL 1453, Standard for Safety, Electric Booster and Commercial Storage Tank Water Heaters, Sixth Edition, 2016. This standard would replace the 1995 standard, currently incorporated by reference at §§ 53.01-10 and 63.25-3. This standard contains requirements for electric booster water heaters, electric commercial storage tank water heaters, and remote control assemblies for such heaters, rated 600 volts or less, that are over 120 gallons

(454 L) in capacity, rated over 12 kilowatts, or are equipped with one or more temperature regulating controls permitting water temperature of more than 85°C (185 °F). The 2016 edition provides minor technical changes and has been edited for clarity.

C. Standards Previously Approved for Incorporation by Reference

The following standards were previously approved for incorporation by reference and are included in the proposed regulatory text because either the current format of the reference does not comply with current OFR requirements or the proposed text is a revision that includes an existing reference to the standard. We do not propose to change the existing IBR approval.

• ASME B36.19M-2004 Stainless Steel Pipe, October 25, 2004 (“ASME B36.19M”), IBR approved for §§ 56.07-5 and 56.60-1.

• IMO A.467(XII), Guidelines for Acceptance of Non-Duplicated Rudder Actuators for Tankers, Chemical Tankers and Gas Carriers of 10,000 Tons Gross Tonnage and Above But Less Than 100,000 Tonnes Deadweight, 1981 (“IMO A.467(XII)”), IBR approved for § 58.25-60.

• IMO Resolution A.753(18) Guidelines for the Application of Plastic Pipes on Ships, adopted on 4 November 1993 (“IMO Resolution A.753(18)”), IBR approved for § 56.60-25.

• IMO Resolution MEPC.76(40), Standard Specification for Shipboard Incinerators (Sep. 25, 1997) (“IMO MEPC.76(40)”), IBR approved for § 63.25-9.

• IMO Resolution MSC.313(88), Amendments to the Guidelines for the Application of Plastic Pipes on Ships, adopted 26 November 2010 (“IMO Resolution MSC.313(88)”), IBR approved for § 56.60-25.

• The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), Annexes I, II, III, and V (1978) (“IMO MARPOL 73/78”), IBR approved for § 63.25-9.

• ISO 10396, Stationary source emissions—Sampling for the automated determination of gas emission concentrations for permanently-installed monitoring systems, Second edition (Feb. 1, 2007) (“ISO 10396”), IBR approved for § 63.25-9.

• MSS SP-45-2003, Bypass and Drain Connections, 2003 (“MSS SP-45”), IBR approved for §§ 56.20-20 and 56.60-1.

D. Section by Section Analysis of Proposed Changes to the Regulatory Text

In addition to updating existing standards incorporated by reference, adding new standards, and removing obsolete standards, we propose to modify technical regulatory text in the following sections of Subchapter F. For the convenience of the reader, the list below excludes purely stylistic revisions and corrections of drafting errors.

Part 50—General Provisions

Section 50.05-5 Existing Boilers, Pressure Vessels or Piping Systems

Modifying paragraph (b) to eliminate redundant text and more clearly describe the requirements for recalculating the maximum allowable working pressure.

Section 50.05-20 Steam-Propelled Motor Boats

Replacing the words “motor boats” with the more current and universally used “vessels”.

Section 50.10-23 Marine Safety Center

Modifying the contact information for the MSC and the details for electronically submitting documents.

Section 50.20-5 Procedures for Submittal of Plans

Modifying the procedures for submitting plans to the Coast Guard by eliminating the requirements in paragraph (b) for plans to be submitted in triplicate, since most plans are electronically submitted, and by deleting unnecessary detail in paragraph (c).

Section 50.20-10 Number of Copies of Plans Required

Deleting this section. Submittal of plans is adequately addressed in § 50.20-5.

Section 50.20-15 Previously Approved Plans

Deleting the unnecessary text “(including work accomplished under a different contract)” in paragraph (a).

Section 50.20-30 Alternative Materials or Methods of Construction

Modifying paragraph (a) to include the word “materials” and deleting paragraph (b). These changes improve the clarity of the section.

Section 50.25-1 General

Deleting paragraph (e) as unnecessary because nonmetallic flexible hoses, including those intended for hydraulic service, are adequately addressed in § 56.60-25.

Section 50.25-7 Testing of Products Required To Be Certified in Presence of Marine Inspector

Deleting paragraphs (c) and (d) as unnecessary. When specific testing conditions are required, they are specified in the applicable standards or regulations.

Part 52—Power Boilers

Replacing the words “boiler pressure vessel code” with “BPVC” throughout all of part 52, as BPVC is recognized as the appropriate acronym for the ASME Boiler Pressure Vessel Code.

Section 52.01-52.25 Power Boilers

Modifying various paragraphs to delete text already addressed in ASME BPVC.

Section 52.01-3 Definitions

Deleting definitions listed in this section but not currently used in Part 52 and not needed going forward, as there is no need to define a term if it is not used later in the regulatory text. Deleted terms include:

High temperature water boiler, packaged boiler, Fired steam boiler, Hybrid boiler, Shell, Heads, Dished heads, Stayed heads, Water wall, Header, Domes, Steam chimneys, Corrugated furnace, Plain furnace, Combustion chamber, Separate combustion chamber, Common combustion chamber, Crown or top plate, Curved bottom plate, Combustion chamber tube sheet, Combustion chamber back sheet, Seamless tube, Electric resistance welded tube, Stay tube, Tube sheet, Ligament, Longitudinal ligament, Circumferential ligament, Diagonal ligament, Stays and supports, Solid screw staybolt, Welded collar, Hollow screw staybolt, Flexible staybolt, Sling stay, Crowfoot, Crowfoot stay, Diagonal stay, Gusset stay, Dog stay, Girder, Structural stiffeners, Reinforcement, Pressure loaded pilot actuated safety valve, Spring loaded pilot actuated safety valve, Spring loaded pilot valve, Relief valve, Safety relief valve, Conventional safety relief valve, Balanced safety relief valve, Internal spring safety relief valve, Power actuated relief valve, Breaking pin device, Shear pin device, Frangible disk device, Bursting disk device, Feed valve, Salinometer cocks, Expanding, Beading, Bell mouthing, Telltale hole, Openings, Pressure, Absolute pressure, Internal pressure,

and

External pressure.

And, deleting Figure

52.01-3—Acceptable Types of Boiler Stays.

Figure

52.01-3

is not necessary, as the ASME BPVC

adequately defines the requirements for boiler stayed surfaces.

Section 52.01-50 Fusible Plugs (Modifies A-19 Through A-21)

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Section 52.01-55 Maximum Allowable Working Pressure

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Section 52.01-90 Materials

Deleting this section. Materials for boiler design are adequately addressed by the ASME BPVC.

Section 52.01-105 Piping, Valves, and Fittings

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Section 52.01-110 Water-Level Indicators, Water Columns, Gauge-Glass Connections, Gauge Cocks, and Pressure Gauges

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Section 52.01-130 Installation

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Section 52.25-3 Feedwater Heaters (Modifies PFH-1)

Modifying various paragraphs in this section to delete references and text already addressed by the ASME BPVC or that are otherwise outdated.

Part 53—Heating Boilers

Replacing the words “boiler pressure vessel code” with “BPVC” throughout part 53, as BPVC is recognized as the appropriate acronym for the ASME Boiler Pressure Vessel Code.

Section 53.01-10 Service Restrictions and Exceptions (Replaces HG-101)

Modifying paragraph (d) to remove exact temperature requirements and retaining a temperature range that would benefit industry.

Modifying paragraph (e)(1) to provide correct citation for the ASME BPVC stamping and provide cites to the IBR.

Part 54—Pressure Vessels

Replacing the words “boiler pressure vessel code” with “BPVC” throughout all of part 54, as BPVC is recognized as the appropriate acronym for the ASME Boiler Pressure Vessel Code.

Section 54.01-1 Incorporation by Reference

Modifying paragraphs (b), (d), and (e) to update the addresses for the American Society of Mechanical Engineers (ASME), the Compressed Gas Association (CGA), and the Manufacturers Standardization Society of the Valve and Fittings Industry (MSS), respectively.

Section 54.01-15 Exemptions From Shop Inspection Plan Approval (Modifies U-1(c)(2))

Deleting paragraph (a)(3)(i) because this section deals with internal pressure and the reference cited deals with external pressure.

Section 54.01-18 Plan Approval

Editing paragraph (a) to provide reference to new proposed paragraph (c).

Adding paragraph (c) to identify which plans for Class I, II, and II pressure vessels are not required to be submitted for approval.

Section 54.10-3 Marine Inspectors (Replaces UG-90 and UG-91, and Modifies UG-92 Through UG-103)

Editing the section heading to make it easier to find the regulation requiring stamping of the Coast Guard Symbol. The requirement for use of the Coast Guard Symbol on pressure vessels is often misunderstood.

Modifying paragraph (b) to identify when shop inspection is required. Part 54 refers to shop inspection of pressure vessels under construction in several locations, but the term is not used here.

Adding new paragraph (c), redesignating existing paragraph (c) as new paragraph (d), and removing the requirement for stamping with the Coast Guard Symbol. The requirement for use of the Coast Guard Symbol on pressure vessels is often misunderstood. By applying the symbol, the marine inspector is documenting that the pressure vessel meets Coast Guard requirements for pressure vessels on ships. Adding a paragraph clarifies which pressure vessels do not require stamping.

Section 54.10-20 Marking and Stamping

Modifying paragraph (a)(2) to clarify numbering requirements. The requirement for Coast Guard numbering of pressure vessels is often misunderstood. Numbering is only required when the Coast Guard has inspected the pressure vessel during construction (shop inspection).

Part 56—Piping Systems and Appurtenances

Section 56.07-5 Definitions

Clarifying the definition for “piping schedule” and deleting the definition for “plate flange,” as it does not require a definition.

Section 56.07-10 Design Conditions and Criteria (Modifies 101-104.7)

Modifying paragraph (b) by deleting the last sentence within the parentheses. It is not necessary to refer to definitions in part 52 for this paragraph.

Modifying paragraph (d) by deleting text that was inadvertently repeated.

Modifying paragraph (e) by removing references to specific paragraphs and instead referring to the entire subpart.

Section 56.15-1 Pipe Joint Fittings

Removing text in paragraph (c)(2) that is already adequately addressed by the incorporated ASME industry standard.

Section 56.15-5 Fluid-Conditioner Fittings

Deleting text in paragraph (c), nonstandard fluid conditioner fittings, that is already adequately addressed by paragraph (b); generally, fluid conditioner fittings must meet the requirements of this section regardless of whether they are `standard' or `nonstandard', and must be appropriate for the fluid contained, and the temperature and pressure of the system. In addition, with advancements in manufacturing, there is no need to reference part 54 (pressure vessels), for fluid conditioner fittings in current paragraphs (c) and (d).

Section 56.20-1 General

Removing text that is redundant and that can be adequately replaced by the incorporated ASME standard.

Section 56.20-9 Valve Construction

Modifying paragraphs (a), (b), (c), (e), and (g) to reflect advancements in valve design technology and to remove text adequately addressed already by the incorporated ASME standard.

Section 56.20-15 Valves Employing Resilient Material

Deleting text that is no longer required and simplifying text to reflect current policy employed by the MSC to evaluate these types of valves. Overall, these valves are not required anywhere on ships, and this section only

delineates the requirements for when they are installed.

Section 56.25-10 Flange Facings

Removing paragraph (b) as no longer necessary.

Section 56.25-20 Bolting

Removing unnecessary text in paragraphs (b) and (c).

Section 56.30-5 Welded Joints

Removing text in paragraphs (c)(1), (c)(2) and (c)(3) as adequately addressed already by the incorporated ASME standard.

Section 56.30-10 Flanged Joints

Removing text adequately addressed already by the incorporated standards in part 56.

Section 56.30-20 Treaded Joints

Removing text adequately addressed already by the incorporated standards in part 56.

Section 56.30-30 Brazed Joints

Removing text adequately addressed already by the incorporated standards in part 56.

Section 56.30-40 Flexible Pipe Couplings of the Compression or Slip-On Type

Removing text in paragraphs (b) and (c) that is no longer necessary or is otherwise adequately addressed already by the incorporated standards in part 56.

Section 56.35-10 Nonmetallic Expansion Joints

Removing the reference to part 50, as the appropriate standards are listed already in this part.

Section 56.35-15 Metallic Expansion Joints

Removing the reference to part 50, as the appropriate standards are listed already in this part.

Section 56.50-1 General

Deleting text in paragraphs (a), (b), (d), (g), and (i) that is unclear or outdated and no longer necessary.

Section 56.50-15 Steam and Exhaust Piping

Deleting text in paragraphs (b), (c), (f), (g), (j), and (k) that is unclear or outdated and no longer necessary.

Section 56.50-20 Pressure Relief Piping

Deleting text not necessary to the intent of the regulation.

Section 56.50-25 Safety and Relief Valve Escape Piping

Deleting text in paragraphs (a), (c), and (d) that is outdated or redundant.

Section 56.50-30 Boiler Feed Piping

Deleting text in paragraphs (b), (c), and (d) that is outdated or unclear and no longer necessary.

Section 56.50-35 Condensate Pumps

Deleting text that is outdated and no longer necessary.

Section 56.50-40 Blowoff Piping

Deleting text in paragraphs (b) and (d) that is outdated or redundant and no longer necessary.

Section 56.50-45 Circulating Pumps

Deleting text in paragraph (d) that is outdated or unclear.

Section 56.50-50 Bilge and Ballast Piping

Modifying paragraph (a) to consider ships that meet SOLAS requirements for bilge systems as equivalent to this section.

Deleting text in paragraphs (a), (b), (c), (d), (f), (h), (j), and (k) that is outdated.

Section 56.50-55 Bilge Pumps

Modifying paragraph (c) to add a pump capacity alternative formula.

Section 56.50-57 Bilge Piping and Pumps, Alternative Requirements

Deleting this entire section as outdated, as it contains cross-references to sections already removed from the CFR (§§ 171.075 and 171.082).

Section 56.50-60 Systems Containing Oil

Deleting or modifying text in paragraphs (a), (b), (c), (d), (m), and (n) that is outdated, or unclear.

Section 56.50-65 Burner Fuel-Oil Service Systems

Deleting or modifying text in paragraphs (a) and (b) that is outdated, unclear, or adequately addressed already by standards incorporated in this part.

Section 56.50-70 Gasoline Fuel Systems

Deleting or modifying text in paragraphs (b), (c), (d), (e), and (g) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-75 Diesel Fuel Systems

Deleting or modifying text in paragraphs (a) and (b) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-80 Lubricating-Oil Systems

Deleting or modifying text in paragraphs (a), (d), and (h) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-85 Tank-Vent Piping

Deleting or modifying text in paragraphs (a) and (b) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-90 Sounding Devices

Deleting or modifying text in paragraphs (a), (b), (c), (d), and (e) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-95 Overboard Discharges and Shell Connections

Deleting text in paragraphs (a), (b), (c), (d), (e), (f), (h), and (i) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.50-105 Low-Temperature Piping

Deleting text in paragraph (a) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.60-1 Acceptable Materials and Specifications

Adding ASTM F1155 as a reference in paragraph (a) for material standards applicable to certain marine engineering piping systems.

Section 56.60-5 Steel

Modifying paragraph (a) to align the CFR with the temperature requirements of the incorporated ASME standard.

Section 56.70-5 Material

Deleting text in paragraph (b) that is outdated, and aligning text with incorporated ASME standard.

Section 56.70-10 Preparation

Deleting text in paragraphs (a) and (b) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.70-15 Procedure

Deleting text in paragraphs (a), (b), (c), (d), and (g) that is outdated, unclear, unenforceable, or adequately addressed already by incorporated standards in this part.

Section 56.80-5 Bending (Modifies 129)

Deleting text that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.85-15 Postheat Treatment

Deleting text in paragraphs (a), (b), and (d) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.90-5 Bolting Procedure

Deleting text in paragraph (a) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Section 56.90-10 Threaded Piping

Deleting paragraph (c) as outdated and unnecessary.

Section 56.95-1 General

Modifying paragraph (b) for clarity.

Section 56.97-1 General

Modifying paragraph (b) for clarity.

Section 56.97-25 Preparation for Testing

Modifying paragraphs (b) and (d) for clarity.

Section 56.97-38 Initial Service Leak Test

Modifying paragraph (a) for clarity.

Section 56.97-40 Installation Tests

Deleting text in paragraph (a) that is outdated, unclear, or adequately addressed already by incorporated standards in this part.

Part 57—Welding and Brazing

Replacing the words “boiler pressure vessel code” with “BPVC” throughout part 57, as BPVC is recognized as the appropriate acronym for the ASME Boiler Pressure Vessel Code.

Section 57.01-1 Qualifications and Production Tests

Modifying the text in paragraph (a) to reflect updates in section numbering of the BPVC.

Section 57.02-1 Incorporation by Reference

Modifying paragraph (a) to update the address for the American Society of Mechanical Engineers (ASME).

Amending table 57.02-1(a) to reflect updates in the section number of the BPVC.

Section 57.02-2 Adoption of Section IX of the ASME Code

Modifying paragraph (a) to update and clarify the information provided in the section.

Modifying paragraph (a)(1) to delete unnecessary references to parts of the subchapter that have been removed.

Section 57.02-3 Performance Qualifications Issued by Other Agencies

Deleting references to ASME BPVC paragraphs PG-91, N-612, HG-515.2 and UG-91 in paragraph (a) as unnecessary.

Section 57.03-1 Procedure Qualifications—General Requirements

Updating paragraph (a)(1) to reflect changes in the standard.

Section 57.06-1 Production Test Plate Requirements

Updating paragraph (c) to reflect current name of the section of the code.

Part 58—Main and Auxiliary Machinery and Related Systems

Section 58.01-20 Machinery Guards

Updating paragraph for clarity.

Section 58.01-50 Machinery Space, Noise

Updating incorporated reference to reflect updated IMO Resolution (Noise Code).

Section 58.05-1 Material, Design and Construction

Updating the reference from ABS Steel Vessel Rules to ABS Marine Vessel Rules.

Section 58.16-5 Definition

Updating paragraph for clarity and to correct grammar.

Section 58.16-7 Use of Liquefied Petroleum Gas

Updating incorrect CFR reference.

Section 58.16-10 Approvals

Deleting the requirement in paragraph (a) that gas-consuming appliances be “of a type approved” by the Commandant. The requirement that the Commandant specifically “approve” all types of gas-consuming appliances is not necessary, given that appliances must already be tested and listed by third party laboratories and meet the additional requirements of Subpart 58.16.

Changing the word “approved” to “accepted” in paragraph (c). Because this paragraph refers to another government agency's requirements for safety-relief devices, and shipboard appliance installations are reviewed case by case, “acceptance” allows for more flexibility than “approval” when evaluating the overall installation for compliance.

Section 58.16-30 Operating Instructions

Updating paragraph (k) for clarity.

Section 58.16-35 Markings

Deleting text in paragraph (a) that is redundant with paragraphs (b) and (c) of same section.

Section 58.25-5 General

Making an editorial correction to ensure “control system” is a separate definition from “auxiliary steering gear”.

Section 58.25-10 Main and Auxiliary Steering Gear

Adding SOLAS regulations plus class rules as an equivalent standard.

Section 58.25-20 Piping for Steering Gear

Eliminating redundant references to part 56 of this chapter.

Section 58.25-25 Indicating and Alarm Systems

Deleting requirements in current paragraph (e) that are redundant with other paragraphs in same section.

Section 58.25-40 Arrangement of the Steering Gear Compartment

Deleting this section as unnecessary.

Section 58.25-60 Non-Duplicated Hydraulic Rudder Actuators

Amending this section for clarity.

Section 58.25-75 Materials

Deleting paragraph (b) of this section as unnecessary.

Section 58.25-85 Special Requirements for Tank Vessels

Deleting certain text in paragraph (c)(1) and (2) of this section as unenforceable.

Deleting paragraph (g), because this paragraph is applicable only to tank vessels of 40,000 gross tons or more constructed before 1984. Virtually all of those vessels have been phased out of service due to the pollution prevention requirements in 33 CFR 157 for “double hulls” on tank vessels.

Section 58.30-1 Scope

Deleting certain text in paragraph (a) as not applicable.

Section 58.30-15 Pipe, Tubing, Valves, Fittings, Pumps, and Motors

Deleting certain text in paragraphs (b) and (d) as redundant, given the incorporation of industry standards.

Section 58.30-25 Accumulators

Deleting certain text in paragraphs (a) and (c) for clarity.

Section 58.50-1 General Requirements

Modifying text to remove allowance for gasoline as a fuel for vessels constructed before 1935.

Part 59—Repairs to Boilers, Pressure Vessels and Appurtenances

Section 59.10-1 Scope

Modifying paragraphs (b) and (c) to eliminate unnecessary requirements and to provide clarity for welding repairs.

Section 59.10-5 Cracks

Modifying paragraphs (d) and (h) to eliminate unnecessary requirements and to provide clarity for repair of cracks in boiler and pressure vessels.

Section 59.10-20 Patches in Shells and Tube Sheets

Removing text in paragraphs (a) and (b) to provide clarity.

Section 59.15-1 Furnace Repairs

Modifying paragraphs (a), (b), (c) and (e) to eliminate unnecessary requirements and to provide clarity for furnace repairs.

Part 61—Periodic Tests and Inspections

Section 61.03-1 Incorporation by Reference

Modifying paragraph (b) to update the name and address of ASTM International.

Section 61.05-10 Boilers in Service

Eliminating unnecessary and outdated text regarding boiler inspections from paragraphs (a) and (f).

Section 61.10-5 Pressure Vessels in Service

Modifying paragraph (g) to provide inspection compliance options, in lieu of the hydrostatic test currently required by this paragraph, for bulk storage tanks containing refrigerated liquefied CO

2

for use aboard a vessel as a fire-extinguishing agent. The inspection options consist of performing a hydrostatic test or having the option of an internal inspection. This is further explained in the regulatory language.

Part 62—Vital System Automation

Section 62.05-1 Incorporation by Reference

Modifying paragraph (b) to update the address for the American Bureau of Shipping (ABS).

Section 62.35-50 Tabulated Monitoring and Safety Control Requirements for Specific Systems

Deleting the requirements for main propulsion boiler supply casing and uptakes, burner flames, control power, and burner valves in Table 62.35-50. These components are required to comply with the same requirements in Section 4-9-6 of the ABS Marine Vessel Rules (2020), which is proposed to be referenced in this table.

Modifying the requirements for ship service generators in Table 62.35-50. Currently, compliance with the ABS Steel Vessel Rules for propulsion boilers and propulsion diesel engines is required. The requirements for auxiliary generators in Section 4-9-6 of the ABS Marine Vessel Rules (2020) are referenced instead because this section of the ABS Rules is more directly applicable to generators.

Deleting the requirements for generators to comply with §§ 111.12-1 (b) and (c), and parenthetical items 6 and 7 in Table 62.35-50.

Section 62.50-30 Additional Requirements for Periodically Unattended Machinery Plants

Revisions are made to paragraphs (c), (d), (h), and (k) to reflect correct verbiage and to provide clarity.

Part 63—Automatic Auxiliary Boilers

Section 63.01-3 Scope and Applicability

Amending paragraph (b) to remove language regarding electric cooking equipment, electric air heaters, and electric oil immersion heaters. The requirements for these electric appliances are covered in 46 CFR Subchapter J Part 111 of the CFR and do not belong in Part 63 for Automatic Auxiliary Boilers.

Section 63.05-1 Incorporation by Reference

Modifying paragraphs (b) and (c) to update the name and address for the ANSI and ASME, respectively.

Section 63.10-1 Test Procedures and Certification Report

Updating address and options for item submittals.

Section 63.25-9 Incinerators

Modifying paragraph (a) to update address and options for application for type approval of shipboard incinerators.

Modifying paragraph (b) to clarify and update requirements for testing prior to granting type approval.

Adding IMO MEPC.244(66) as an accepted design standard for incinerators.

Part 64—Marine Portable Tanks and Cargo Handling Systems

Replacing the words “ASME Code” with “ASME BPVC” throughout part 64, as BPVC is recognized as the appropriate acronym for the ASME Boiler Pressure Vessel Code.

Section 64.2 Incorporation by Reference

Modifying paragraph (b) to update the address for the ASME.

V. Incorporation by Reference

Material proposed for incorporation by reference appears in 46 CFR parts 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, and 64 and is summarized in section IV.B of this preamble. For information about how to view this material, see the

ADDRESSES

section of this preamble. Copies of the material are also available from the sources listed in 46 CFR parts 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, and 64. Before publishing a binding rule, we will submit this material to the Director of the Federal Register for approval of the incorporation by reference.

VI. Regulatory Analyses

We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. A summary of our analyses based on these statutes or Executive Orders follows.

A. Regulatory Planning and Review

Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility.

The Office of Management and Budget (OMB) has not designated this proposed rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it.

The Coast Guard proposes to update subchapter F of Title 46 of the CFR. This proposed rule would align the standards on U.S.-flagged vessels of vessel types of subchapter F with current industry practices to ensure that regulatory standards are current, and the changes would harmonize regulatory requirements with current industry standards. The majority of the updates simply would incorporate by reference the more recent versions of the same standards with little or no substantive

change. In some cases, the more recent editions reflect more modern technologies, terminology, and practices. The updates also would correct regulatory language and remove redundant and outdated references. The Coast Guard believes there are no additional costs associated with this proposed rule. The Coast Guard estimates this rule will save the regulated public and federal government approximately $9.787 million over the 10-year period of analysis at 7% in 2020 dollars.

The following regulatory analysis (RA) provides an evaluation of the economic impacts associated with this proposed rule. Table 2 provides a summary of the proposed rule's costs and benefits.

Table 2—Summary of the Proposed Rule's Impacts

Category

Summary

Affected Population

Vessel owners and operators, shipyards, builders and manufacturers of vessels and vessel components, the Coast Guard (Marine Safety Center (MSC) and United States Coast Guard Commercial Regulations and Standards Directorate (CG-5PS)). Class societies and vessel insurers may have some interest.

Costs

None. The proposed rule would not increase costs of compliance for the regulated public or the Coast Guard because no additional requirements are being proposed.

Cost Savings (7-percent discount rate)

$9.787 million (10-year discounted cost savings), annualized cost savings: $1.385 million in 2020 dollars.

Unquantified Benefits

Clarity of regulatory intent through stylistic changes and corrections, harmonization of regulatory requirements with current industry standards, better utilization of Coast Guard human resources, compliance with Presidential Regulatory Reform Initiative (March 4, 1995).

2

This

proposed rule has two main goals. First, the Coast Guard intends it to update design standards that appear in the CFR by incorporating by reference more recent industry standards. Second, the proposed rule would provide clarity and simplify regulatory compliance for industry by removing obsolete regulations and revising current regulatory text, including the correction of errors.

2

The proposed rule would continue the Coast Guard's response to the Presidential Regulatory Reform Imitative of March 4, 1995, and directives including Executive Orders 12866 and 13563 that are intended to improve regulation and the regulatory process. The provisions of this proposed rule would remove outdated regulations, revise current regulatory text, and incorporate by reference more recent national and international industry standards into the CFR. The Coast Guard recognizes the significant technological advances technology and equipment which is used or carried on vessels. As a result, this proposed rule would encourage the use of newer equipment and promote adherence to modern standards in the industry.

Affected Population

The Coast Guard analyzed this rulemaking to determine the affected population and how the proposed rule would impact vessel owners and manufacturers.

3

The proposed revisions affect a variety of vessel owners and operators; including those owning cargo vessels, passenger vessels, nautical school vessels, tank vessels, and tank barges. Some potentially impacted vessel owners and operators include nonprofits and Tribal/State/local government entities.

4

Because the proposal impacts only new vessels or those undergoing major conversions, the Coast Guard estimates that fewer than 200 vessels would be impacted annually.

5

3

Class societies and vessel insurers may have interest in the rule. However, no actions are required by them directly or indirectly as a result of the rule.

4

Public vessels are excluded.

5

Based on input from Coast Guard subject matter experts in the Directorate of Commercial Regulations and Standards who are tasked with relevant duties.

An estimated 16,148 vessels owned by 6,437 owners and operators would be impacted potentially, but the vessel owners and operators would be impacted directly only if they procured a new vessel or engaged in a major conversion of an existing vessel under conditions as specified in the proposal. Large self-propelled vessels, which are covered by more provisions of Subchapter F than smaller vessels and barges, would be more likely to be impacted. The following table details those vessels potentially impacted by the proposed rule.

Table 3—U.S.-Flagged Vessel Population Subject to 46 CFR Subchapter F

Subchapter F vessel category

Subchapter

Population

Freight Ship

I

1,563

Industrial Vessel

I

3,748

In-service—Inspected

I

2

Mobile Offshore Drilling Unit (MODU)

I-A

110

Offshore Supply Vessel (OSV)

L

1,354

Oil Recovery

I

556

Passenger (Inspected) (≥ 100 gross tons)

H

132

Passenger Barge (Inspected)

I

217

School Ships and Research Ships

R and U

141

Tank Barge

O-I

7,945

Tank Ship

D

380

Total

16,148

U.S.-flagged vessels (subchapter F only) (as of April 24, 2020)

Note:

These data are based on Coast Guard data found in the Marine Information for Safety and Law Enforcement (MISLE) database.

The proposed rule also would impact businesses involved in vessel manufacturing. There are approximately 1,022 shipyards and manufacturers of vessels or vessel components in the affected population; however, vessel manufacturers are believed to already be in voluntary compliance with the proposed changes. In addition, the proposal would impact the Coast Guard and its staff in the MSC and CG-5PS. An estimated six civilian engineers and six uniformed personnel potentially would be impacted.

Summary of Changes

Generally, the Coast Guard proposes to update codified references to standards incorporated by reference in subchapter F with their more recent editions. These more recent standards would provide more clarity and specificity than the outdated standards they would be replacing. More specifically, the Coast Guard segments the effect of the proposed changes into three categories: (1) Editorial changes to the CFR; (2) technical updates to standards incorporated by reference; and (3) compliance alternatives to standards incorporated by reference. Based on data from industry, the Coast Guard assumes industry already uses the more recent standards referenced in the proposal. Table 4 summarizes the regulatory changes.

First, for the proposed changes to update standards incorporated by reference, this proposed rule would make editorial changes to subchapter F that include such items as the removal of outdated terminology and the consolidation of text. These proposed changes would include 46 CFR parts 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63 and 64. The Coast Guard expects these changes would have no costs, cost savings, or benefits.

Second, this proposed rule updates standards incorporated by reference throughout subchapter F. Because no resources are required, and because they have been adopted voluntarily already by manufacturers, the Coast Guard expects these changes would have no cost.

Third, this proposed rule would amend the regulatory text in 46 CFR 58.10-5(d)(1) and 61.10-5(g) that impacts compliance alternatives for vessel owners and operators. The changes reflect the proposed addition of a compliance alternative and the proposed removal of a compliance alternative. This proposed change results from the discontinuation of a standard incorporated by reference that is the basis of the compliance alternative. (Please see the preamble in the proposed changes to “Part 61—Periodic Tests and Inspections,” and further detailed in the Cost Savings portion of this RA.) These proposed changes provide regulatory flexibility for the regulated public. No additional cost would be incurred, and the addition of a compliance alternative may save money. The proposed rule's replacement of a compliance alternative would offer an option which has lower costs associated with it. This would be a cost savings for vessel owners if they choose to use this compliance alternative.

The proposed rule would create consistency between Coast Guard regulations and national and international standards through incorporation by reference, provide options with alternative standards, eliminate obsolete standards, and clarify the existing requirements through the changes proposed in 46 CFR subchapter F. Table 4 lists these proposed changes by type of change. Readers may consult the preamble of this NPRM for a general summary of the proposed changes.

6

Please refer to the preamble and Table 1 for a complete accounting of affected paragraphs, including redesignations.

7

This list is not exhaustive. Please see Table 1 for the full list.

8

Please see Table 1 for complete list.

9

The proposed change would give operators the option of undergoing an internal inspection every 10 years as opposed to requiring a hydrostatic test every 10 years.

10

UL 1111 has been withdrawn and no longer exists; therefore, it can no longer be included as an option for regulation compliance.

Table 4—Regulatory Changes of the Proposed Rule by Type of Change

Category

Description

Affected sections in 46 CFR

6

Cost impact (cost, cost savings, and benefits)

Editorial Changes

General editorial changes

§§ 50.05-5(b), 50.05-20, 50.05-20(a), 50.10-23, 50.20-5(b), 50.20-5(c), 50.20-10(a), 50.20-15(a), 58.16-30(k)

7

No cost or cost savings. These include removal of outdated or redundant terminology, correction of missing words, and consolidation and clarification of text.

Editorial changes for regulatory clarification

§§ 54.01-18(a), 54.10-3,54.10-3(b), 54.10-3(c), 54.10-20(a)(2)

No cost or cost savings. No change in technical content. This is a clarification of the regulations.

Editorial changes with deletions

§§ 50.05-5(b), 62.35-50, 62.35-50, 63.01-3 (b), 58.10-5(d)(1)

No cost or cost savings. These provisions would remove obsolete standards and outdated terminology.

Updated standards to newer editions

§§ 52.01-1(b); 53.01-1(b)(1); 53.01-1(b)(2); 53.01-1(c)(1); 54.01-1(b)(1); 54.01-1(c)(1), 54.01-1(c)(2); 54.01-1(c)(3), 54.01-1(c)(2), 1(c)(3), 1(c)(4), 1(c)(5), -1(d)(1), -1(e)(1)

8

No cost or cost savings. Incorporating the current edition simplifies regulatory compliance and ensures that the latest industry practices based on changes in technology are addressed and the highest possible level of safety is required.

Technical Changes

Standards with technological changes

§§ 53.01-1(c)(1), -1(c )(2), -20, -1(b)(1), -1(c )(1), -1(d)(1), -1(d)(2), -1(e )(2)

No cost or cost savings. The proposed change would simplify regulatory compliance.

Regulatory Flexibility (Compliance Alternatives)

Newly proposed compliance alternatives

§§ 56.50, 61.10-5(g),

9

63.25

No cost, but potential cost savings. The change would offer flexibility for regulatory compliance which ultimately could save money for the vessel owner.

Removal of compliance alternatives

§§ 56.50, 58.10-5(d)(1)

10

No cost or cost savings. The proposed change simplifies regulatory text to remove reference to a no longer existing IBR document and, by default, its availability as a compliance alternative.

Note:

The Coast Guard may list the same citation of the CFR multiple times because it is proposing numerous changes to the same paragraph. These changes may include clarifications, deletions, or insertions of text.

Data Input for Calculations

This RA uses multiple data sources. To estimate the duration of tasks, the Coast Guard used previous OMB-approved collections of information. These collections of information were previously vetted publicly and provide guidance on estimates of tasks such as communicating information and education. The RA also uses estimates from Coast Guard subject matter experts.

To calculate wage rates, the Coast Guard used two publicly available sources for wage data: the U.S. Department of Labor Bureau of Labor Statistics (BLS) Occupational Employment Statistics and the Commandant Instruction entitled “Reimbursable Standard Rates” (commonly called Commandant Instruction U).

11

For positions outside the Coast Guard, the Coast Guard used publicly available data of the BLS Occupational Compensation Survey to estimate wage rates for positions that would be impacted by the proposed rule. For Coast Guard positions, the Coast Guard used publicly available and publicly vetted information found in Commandant Instruction U and the U.S. Office of Personnel Management pay chart for the Washington, DC locality pay area for 2020

12

to estimate the wage data.

11

The Instruction is dated February 27, 2020, is numbered COMDTINST 7310.1U and commonly is called Commandant Instruction U. Enclosure 2 lists the relevant data; please see in-government wage data. The file is available at

https://media.defense.gov/2020/Mar/04/2002258826/-1/-1/0/CI_7310_1U.PDF

. This page was accessed on March 11, 2020. This page was last viewed on March 11, 2020. Commandant Instruction U provides fully loaded wage rates.

12

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/DCB.pdf

.

From the wage data obtained in the previous step, the Coast Guard used a loaded labor rate

13

to estimate the actual cost of labor to employers. The load factor (or benefits multipliers) for the regulated public and Coast Guard civilian workers was obtained using BLS data. To account for an employee's non-wage benefits, the Coast Guard applied a load factor to the unloaded mean hourly wage rate; data of the BLS's “Employer Cost for Employee Compensation” database were used for the regulated public's wages.

14

The Coast Guard determined the load factor to be about 1.49, rounded. For Coast Guard civilian positions, the load factor was determined to be approximately 1.75, rounded.

15

For Coast Guard uniformed positions, the Coast Guard used data that already had applied the load factor, so such an adjustment was not necessary.

16

These figures were used to estimate the reasonable and customary average labor cost to employers. Table 5 displays the labor categories, the source of the wage rates, the total compensation, the wage rates, and the calculated load factor. We estimated the load factor for the applicable occupation category by dividing the total compensation by the hourly wage rate.

13

A loaded hourly wage rate is what a company pays per hour to employ a person, not the hourly wage an employee receives. The loaded hourly wage rate includes the cost of non-wage benefits (health insurance, vacation, etc.).

14

To estimate the load factor, the Coast Guard used publicly available BLS data (

https://www.bls.gov/data/

). To recreate these calculations, go to the “Databases, Tables & Calculators” page, select the multi-screen data search feature for “Employer Costs for Employee Compensation” under “Pay & Benefits.” (Alternatively, a direct link can also be found at

https://data.bls.gov/cgi-bin/dsrv?cm

.) For total compensation, in the search field select “Private industry workers,” then “Total compensation,” “Transportation and material moving occupations,” “All workers,” “All workers,” “United States (National),” “Cost of compensation (Cost per hour worked),” and “Not Seasonally Adjusted.” For wages and salaries, perform the same steps except select “Wages and salaries” on the second screen. The series IDs for total compensation and wages and salaries are CMU2010000520000D and CMU2020000520000D, respectively. Using fourth quarter data for 2020, the Coast Guard divided the value for total compensation, $31.76, by wages and salaries, $21.35, to estimate a load factor of approximately 1.49 (rounded to the nearest tenth). Unrounded figures were used in calculations.

15

Based on data from the Congressional Budget Office (

https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf

). The report provided estimates for total compensation for Federal workers at this educational level to be $51.90 per hour with wages of $29.70 per hour, in 2015 dollars. The estimated load factor comports with later data as reported by BLS (see further for details). Unrounded figures were used in calculations.

16

See Commandant Instruction U (COMDTINST 7310.1U, February 27, 2020). Enclosure 2 lists the relevant data; please see in-government wage data. The file is available at

https://media.defense.gov/2020/Mar/04/2002258826/-1/-1/0/CI_7310_1U.PDF

. This page was accessed on March 11, 2020. This page was last viewed on March 11, 2020. Commandant Instruction U provides fully loaded wage rates.

Table 5—Loaded Wage Factor Calculation

Occupation category

Data source(s)

Total compensation

Wage and

salaries

Loaded wage factor

All Workers, Transportation and Moving Materials

BLS Employer Costs for Employee Compensation, All workers in Transportation and Materials Moving Occupations

$31.76

$21.35

17

1.49

Federal workers, Professional Degree or Doctorate

Congressional Budget Office Report “Comparing the Compensation of Federal and Private Sector Employees, 2011 to 2015” dated April 2017

18

51.90

29.70

1.75

The Coast Guard assumed a constant wage rate and a constant duration for tasks for the period of annualization.

19

Likewise, the estimates are based on 2020 dollars. Table 6 presents the estimated hourly loaded wage rates for the proposed rule.

17

Rounded from 1.4875878.

18

https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf

. This page was last viewed on November 17, 2020. The load factor is found by taking the quotient of compensation to benefits as found on Table 2 and 3 of the report. Coast Guard used the figures for Federal workers with professional degree or doctorate. To verify the accuracy of this load factor estimate, the Coast Guard compared it with findings from an analysis of BLS total compensation and wage data. The load factor comports with the data analysis of BLS Employer Costs for Employee Compensation, All workers in Public Administration. The load factor was obtained from

https://www.bls.gov/web/ecec/ececqrtn.pdf

using Table 8 for public administration workers (4th Quarter 2020 data). The Coast Guard divided the value for total compensation, $51.54 by wages and salaries, or $29.54, to obtain a load factor of approximately 1.74 (rounded to the nearest tenth). Unrounded figures were used in calculations.

19

Some tasks may take less time in the future due to technological advances. However, the Coast Guard has assumed no change in duration of tasks over the period of annualization.

Using the BLS “Occupational and Employment Statistics” database and May 2019 wage estimates, the unloaded mean hourly wage rate for marine engineers and naval architects (occupational code 17-2121) is $47.88.

20

The Coast Guard multiplied $47.88 by the load factor of 1.49 to obtain a loaded mean hourly wage rate of about $71.23 for this occupation. The hourly rate for a manager (occupational code 11-3051)

21

of $56.82 was estimated to be $84.52 after the load factor application.

20

See

https://www.bls.gov/oes/2020/may/oes172121.htm

.

21

See

https://www.bls.gov/oes/2020/may/oes113051.htm

.

For all provisions related to the Government, the Coast Guard used

publicly available data as found in Commandant Instruction U

22

to estimate wage rates for Coast Guard employees. Labor costs attributed to the Government are estimated for Coast Guard civilian and uniformed engineers and supervisors of CG-5PS and the MSC. Hourly loaded labor costs for civilians are estimated

23

for a GS-14 engineer at $115.51 and for a GS-15 engineering supervisor at $135.87. For uniformed engineers, the Coast Guard used an average of $91

24

for engineers at the O-3 (Lieutenant) and O-4 level (Lieutenant Commander) because both would work on the task. The wage rate for a uniformed supervisory engineer is estimated to be $111 for an O-5 (Commander). These figures represent a wage rate with a fully-loaded labor factor of 1.85 for uniformed Coast Guard positions.

25

Table 6 presents a summary of the data used.

22

Commandant Instruction U. Enclosure 2 (

https://media.defense.gov/2020/Mar/04/2002258826/-1/-1/0/CI_7310_1U.PDF

). This page was accessed on March 11, 2020. This page was last viewed on March 11, 2020. Commandant Instruction U provides fully loaded wage rates.

23

The U.S. Office of Personnel Management (OPM) Office of Policy, Data and Oversight, 2020 GS Pay Tables (midpoint for each pay grade and the Washington-Baltimore-Arlington locality pay area). Please see

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/DCB.pdf

. The data were viewed last on November 18, 2020.

24

As found in Commandant Instruction U, the Coast Guard used data for the O-3 officer and O-4 officer, taking the average to estimate the wage rate for a uniformed engineer to work on the task. Both grade levels would work on the task so the Coast Guard used an average for this position.

25

The loaded wage and derived load factor for uniformed positions was based on the Coast Guard's analysis of compensation and benefits of Coast Guard enlisted and commissioned personnel based on data found in

https://www.dfas.mil/militarymembers/payentitlements/Pay-Tables.html

and Commandant Instruction U. Data were posted on Dec. 30, 2019 and last updated January 27, 2020. This page was viewed last on February 20, 2020.

Table 6—Loaded Hourly Wage Calculation

[$2020] *

Category

Mean hourly wage data source(s)

26

Mean hourly wage

(a)

Load factor

(b)

Loaded hourly wage

(a × b = c)

Engineer

Marine Engineer and Naval Architect (17-2121)

27

$47.88

1.49

$71.23

Supervisory Engineer

Engineering Managers (11-3051)

28

56.82

1.49

84.52

Coast Guard Civilian Engineer (GS-14)

U.S. Office of Personnel Management (OPM) 2020 General Service (GS) Pay Tables

29

66.10

1.75

115.51

Coast Guard Civilian Supervisor (GS-15)

OPM 2020 GS Pay Tables

77.75

1.75

135.87

Coast Guard uniformed engineer (O-3)

Commandant Instruction U

30

and 2020 Military Active & Reserve Component Pay Tables

31

84

Coast Guard uniformed engineer (O-4)

Commandant Instruction U and 2020 Military Active & Reserve Component Pay Tables

98

Average Uniformed Engineer in MSC

As calculated by the average of the hourly wage rates of O-3 and O-4 uniformed engineers

91

Coast Guard Officer (O-5)

Commandant Instruction U and 2020 Military Active & Reserve Component Pay Tables

111

* Figures have been rounded to the nearest hundredth. Unrounded figures were used in calculations.

Costs

26

To calculate the loaded wages, the Coast Guard used the Occupational Code 17-2121 (Marine Engineer and Naval Architect

)

for engineers, Occupational Code 11-3051 for supervisory engineers.

27

http://www.bls.gov/oes/2020/may/oes172121.htm

. The data were last accessed on May 25, 2021.

28

http://www.bls.gov/oes/2020/may/oes113051.htm

. The data were last viewed on May 25, 2021.

29

The U.S. Office of Personnel Management (OPM) Office of Policy, Data and Oversight provides pay data for Federal employees. These data were obtained from the 2020 GS Pay Tables using midpoint for each pay grade and the Washington-Baltimore-Arlington locality pay area. Please see

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/DCB.pdf

. The data were viewed last on November 18, 2020.

30

See Commandant Instruction U Enclosure 2. This estimate previously was used in past Coast Guard rulemakings including the proposed and final rules for Tankers—Automatic Pilot Systems in Waters Subject to 33 CFR parts 166 and 167 (USCG-2015-0926, RIN 1625-AC27). It also was used in the proposed rule for Revision of Crane Regulation Standards for Mobile Offshore Drilling Units, Offshore Supply Vessels, and Floating Outer Continental Shelf Facilities (RIN 1625-AB78, USCG-2011-0992) as found on

https://www.federalregister.gov/documents/2013/05/13/2013-11132/revision-of-crane-regulation-standards-for-mobile-offshore-drilling-units-modus-offshore-supply

. See

Federal Register

, May 13, 2013 (78 FR 27913). No public comments were received on this estimate.

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Data of Commandant Instruction U comports with data on pay tables after application of load factor. Based on Coast Guard research the load factor for military positions is approximately 1.85. This estimate was vetted in previous Coast Guard rulemakings as noted. Please see

https://www.dfas.mil/militarymembers/payentitlements/Pay-Tables.html

. See the hyperlink at the top of the page. The table provides monthly income which may be converted to hourly rates by dividing by 176 (22 days per month times 8 hours daily) then multiply by the military load factor.

The Coast Guard estimates there are no costs associated with this proposed rule. The proposed rule does not require actions of manufacturers or vessel owners and operators. The proposal is not retroactive, and existing vessels are not required to be retrofitted.

This proposed rule would not require owners and operators to acquire any standards incorporated by reference; they would not need the standard in hand to be in compliance. Owners and operators only would need to look for evidence from manufacturers that vessels meet or exceed the standard before purchase; such evidence could be found in a contract for purchase or repair of a vessel or in product documentation such as a user guide or warranty information. For these reasons, the Coast Guard has not included a cost for the procurement of the newer standards for vessel owners.

The Coast Guard estimates that the regulated public (manufacturers) are currently in voluntary compliance with the requirements proposed by the rule based on manufacturer participation in the development of industry standards. When industry standards are promulgated, they undergo a process of review and comment by the industry. Input from manufacturers is key to developing new standards that consider the engineering capabilities of manufacturers. After the review and comment process, the newer standard is voted upon at the various governing bodies' committee meetings, and manufacturers are among those voting. For this reason, the Coast Guard

believes manufacturers are aware and knowledgeable about the newer standards. Given this, we further assume they already would own copies of the standards. For this reason, the Coast Guard has not computed a cost for them to procure the standards incorporated by reference. The Coast Guard requests public comment on our assumption of voluntary compliance with the proposed rule.

Manufacturers already have been producing equipment to meet the standard and typically will begin to make manufacturing modifications even before such changes are adopted formally. Therefore, the Coast Guard does not anticipate that there would be costs to retrofit manufacturing equipment to be in compliance with the proposed rule. For previous similar rulemakings, no manufacturer commented that it would experience incremental costs of production to comply with newer editions of standards incorporated by reference.

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For these reasons, the Coast Guard has not included a cost for these provisions. However, the Coast Guard acknowledges that there is a non-zero probability that some manufacturer may need to purchase a newer standard. The estimated incremental cost to do so varies according to which standard is needed.

33

32

A similar rulemaking is the proposed rule Revision of Crane Regulation Standards for Mobile Offshore Drilling Units, Offshore Supply Vessels, and Floating Outer Continental Shelf Facilities (Docket Number: USCG-2011-0992). Please see

https://www.federalregister.gov/documents/2013/05/13/2013-11132/revision-of-crane-regulation-standards-for-mobile-offshore-drilling-units-modus-offshore-supply

(78 FR 27913).

33

The cost to acquire an IBR standard would be estimated by the equation (0.25 hour × supv wage rate + 0.5 hour × admin assistant wage rate + cost of IBR + shipping cost). This is based on the publicly vetted cost estimation found in the regulatory analysis for the proposed rule Revision of Crane Regulation Standards for Mobile Offshore Drilling Units, Offshore Supply Vessels, and Floating Outer Continental Shelf Facilities (Docket Number: USCG-2011-0992).

Cost Savings to the Regulated Public

The proposal would result in cost savings to the regulated public and the Coast Guard from a reduction in labor for processing equivalency tests and no longer requiring labor to have education on the older standards incorporated by reference. The Coast Guard expects this proposed rule would generate cost savings for owners and operators who no longer would need to request a waiver of subchapter F regulatory requirements, known as an equivalency test request, from the MSC.

Generally, the reason an owner or operator makes an equivalency request is to seek a determination from the Coast Guard on whether an edition of an industry standard not codified in the CFR is sufficient for use. To draft an equivalency request, an owner or operator would have material prepared by its engineering staff or by a contracted engineering firm.

34

34

If the owner or operator does not have staff sufficiently skilled to prepare the material, he or she may contract the services of an engineering design firm for the labor of a marine engineer or naval architect. The Coast Guard did not attempt to estimate the additional labor needed to engage contracted labor since it is unknown how many or even if an owner or operator would need outside labor to perform this task. Public comment is solicited on this.

Based on MSC and CG-5PS data, the Coast Guard receives approximately 200 equivalency requests annually. The Coast Guard estimates it takes a marine engineer or naval architect employed by a vessel owner approximately 40 hours of time to develop an equivalency request and submit it to the Coast Guard for review. An estimated 0.5 hour would be used by a supervisor engineer to approve the work. The request for an equivalency test is sent via email to the MSC. Given that the submittal is via email, the Coast Guard has not estimated postage costs.

In addition, the regulated public would realize cost savings from the avoided cost of education for maintaining situational awareness on the existing standards incorporated by reference which the proposal would eliminate. The Coast Guard estimates that 0.5 hour is spent annually by engineers on education necessary to familiarize or re-familiarize themselves with these standards. The Coast Guard believes that, as industry standards evolve and advance, older editions may not be readily accessible, even if they are incorporated by reference into the CFR. As such, we expect that engineers will find the older standards and read them on occasion to maintain an awareness of how these standards are different from current industry standards.

In 2020, the Small Business Administration (SBA) published a rule where it determined that roughly 2,500 small disadvantaged businesses would save 0.5 hours each by no longer having to read 16 outdated regulations that SBA was removing through the rulemaking project.

35

Given that this proposed rule relates to a similar subject matter—time saved from the removal of outdated or redundant regulations—the Coast Guard assumes a similar duration would be saved by industry employees. This 0.5 hour is a savings to vessel owners and operators and to manufacturers.

35

The SBA rule is entitled Regulatory Reform Initiative: Small Disadvantaged Businesses, (Document Number: SBA 2020-08619) which was published on May 8, 2020. See

https://www.federalregister.gov/documents/2020/05/08/2020-08619/regulatory-reform-initiative-small-disadvantaged-businesses

(85 FR 27290).

Cost Savings to the Coast Guard

The Coast Guard also would experience cost savings as a result of the proposed rule. When the Coast Guard receives an equivalency request from a vessel owner or operator, a Coast Guard engineering staff member at the MSC must review the request to provide a determination on whether the proposed standard(s) is equivalent to the existing standard(s) found in subchapter F. The Coast Guard MSC engineer needs approximately 32 hours to review an equivalency request, followed by 0.5 hours of supervisor review. In a small percentage of more complex cases, the MSC works with CG-5PS engineering staff to complete the equivalency review. Following review, MSC emails a decision back to the owner or operator. The Coast Guard estimates it reviews 200 equivalency requests annually. To calculate the costs avoided by Coast Guard no longer processing equivalency requests, we multiplied the number of annual equivalency requests by the sum of the duration of initial review, review, and supervisor review multiplied by the loaded wage rates of the respective Coast Guard personnel performing the review (200 equivalency requests × (1 hour × average wage rate for uniformed engineer + 32 hours × wage rate for civilian engineer + 0.5 hours × wage rate for civilian engineering supervisor)).

In addition, the Coast Guard would save labor costs annually, since staff would no longer need to maintain an awareness of the older versions of standards that are incorporated by reference. The proposal eliminates and replaces them with newer standards. The Coast Guard estimates that 0.5 hour annually is spent on education on the older standards by an employee tasked with working on equivalency requests. In the aforementioned SBA proposed rule, the agency claimed that about 760 Federal contracting officers per year would save 0.5 hours from no longer reading outdated standards that were being removed by the rule. We therefore estimate 0.5 hours of education is similarly needed for Coast Guard personnel to maintain awareness and knowledge of older standards. This applies to six civilian engineers and six uniformed engineers who work on equivalency requests. To calculate the costs avoided by Coast Guard personnel no longer requiring education on outdated standards, we multiply 0.5 hours by the hourly wage rates of the

Coast Guard personnel (0.5 hours (6 uniformed engineers × average wage rate for uniformed engineer + 6 civilian engineers × wage rate for civilian engineer)).

Table 7 presents the estimated cost savings of the proposed rule to the regulated public and to the Coast Guard.

Table 7—Estimated Cost Savings of Proposal

CFR citation

Task

Calculation

Cost savings

Cost Savings to Regulated Public (Vessel Owners and Operators)

§§ 50.20-5(b), 10(a); 58.05-1(b); 63.10-1

Fewer copies required for submittal

Too small and unseverable to be calculated separately

Nonzero

54.01-18(a), 54.10-3, 54.10-3(c),

36

54.10-20(a)(2),

37

54.10-3,

38

54.10-3(c)

39

Avoided questions or performance of unrequired tasks due to misunderstanding of rules

Untracked by the Coast Guard and unreported by regulated public

Nonzero

61.10-5(g)

Owner/Operator may select method (internal inspection vs hydrostatic test) to comply

40

Saves cost of lagging and its installation and the cost difference between internal inspections versus hydrostatic tests. Untracked by the Coast Guard and unreported by regulated public

Nonzero

Multiple

Avoided preparation and submittal of equivalency request

200 requests × (40 hours × $71.23/hour engineer + 0.5 hour $84.52/hour engineering supervisor)

$578,258

Multiple

Avoided cost of education

200 engineers × 0.5 hour × $71.23/hour engineer

7,123

Subtotal Cost Savings for Regulated Public (Vessel Owner/Operators)

585,381

Cost Savings to Regulated Public (Manufacturers)

Multiple

Avoided cost of education

1,022 manufacturers × 0.5 hour × $71.23/hour engineer

36,396

Subtotal Cost Savings for Regulated Public (Manufacturers)

36,396

Annual Cost Savings for Regulated Public

621,777

Cost Savings for the Federal Government (Coast Guard)

Multiple

Avoided processing of equivalency request

200 requests × (1 hour × $91/hour uniformed engineer + 32 hours × $115.51/hour civilian engineer + 0.5 hour × $135.87/hour civilian engineering supervisor)

771,055

Multiple

Avoided cost of education

0.5 hour × ($115.51/hour civilian engineer × 6 count civilian engineers + $91/hour × 6 uniformed engineers)

620

Subtotal for Government

771,675

Annual Total for Regulated Public and Government

1,393,452

Note:

Totals may not sum due to independent rounding. Undiscounted costs appear in the table. Figures have been rounded to the nearest hundredth. Unrounded figures were used in calculations.

Table 8 summarizes the cost savings per year of the proposed rule for the regulated public and the Federal Government

36

Existing regulations have been misunderstood as to whether a pressure vessel (PV) requires or does not require plan review by the Coast Guard. This proposed change clarifies regulatory intent and would preclude inquiries to the Coast Guard.

37

The requirement for Coast Guard numbering of PVs is misunderstood often. The proposed change clarifies that Coast Guard numbering is required only when the Coast Guard has inspected the PV during construction (shop inspection).

38

The requirement for use of the Coast Guard Symbol on PVs (§ 54.10-3) often is misunderstood. This section has been edited to assist readers in finding rules requiring stamping of the Coast guard Symbol.

39

This section has been clarified by adding a section clearly identifying which PVs do not require stamping.

40

The proposed change would give operators the option of undergoing an internal inspection every 10 years as opposed to requiring a hydrostatic test every 10 years.

Table 8—Total Estimated Cost Savings of the Proposed Rule

[10-Year period of analysis, 7- and 3-percent discount rates (2020)]

Year

Regulated public

7%

3%

Undisc.

Federal government

7%

3%

Undisc.

Total

7%

3%

Undisc.

1

$581,100

$603,667

$621,777

$721,191

$749,199

$771,675

$1,302,291

$1,352,866

$1,393,452

2

543,084

586,084

621,777

674,011

727,378

771,675

1,217,095

1,313,462

1,393,452

3

507,555

569,014

621,777

629,917

706,192

771,675

1,137,472

1,275,206

1,393,452

4

474,351

552,441

621,777

588,707

685,623

771,675

1,063,058

1,238,064

1,393,452

5

443,318

536,350

621,777

550,193

665,653

771,675

993,512

1,202,004

1,393,452

6

414,316

520,728

621,777

514,200

646,266

771,675

928,516

1,166,994

1,393,452

7

387,211

505,562

621,777

480,560

627,442

771,675

867,772

1,133,004

1,393,452

8

361,880

490,837

621,777

449,122

609,167

771,675

811,002

1,100,004

1,393,452

9

338,206

476,540

621,777

419,740

591,425

771,675

757,945

1,067,965

1,393,452

10

316,080

462,660

621,777

392,280

574,199

771,675

708,360

1,036,859

1,393,452

10-Year

4,367,102

5,303,884

6,217,770

5,419,921

6,582,543

7,716,748

9,787,023

11,886,427

13,934,519

Ann

621,777

621,777

N/A

771,675

771,675

N/A

1,393,452

1,393,452

N/A

Note:

Totals may not sum due to independent rounding.

The Coast Guard estimates an annualized cost savings to industry of $0.622 million (with a 7-percent discount rate) and an annualized cost savings to Government of $0.772 million (with a 7-percent discount rate) for a total annualized cost savings of $1.393 million in 2020 dollars.

Cost Savings

The proposed rule amends existing regulations in 46 CFR subchapter F. The proposed amendments would eliminate confusion caused by outdated and conflicting rules on marine engineering safety of various vessel components and systems and give the maritime industry clear instructions on how to comply with regulations. Moreover, this proposed rule would amend existing regulations to reflect current national and international standards. The proposed rule also would result in cost savings to the regulated public and the Federal Government, as noted further.

Several of the proposed rule's changes have no cost effects (please see Table 4). These editorial changes, such as the removal of outdated terminology and the consolidation of text, would not result in cost savings but would clarify regulations, as noted earlier. Also, by incorporating the newer standards, the proposed changes would provide clarity and specificity. For these changes, the Coast Guard expects them to have no direct cost savings because they are unseverable from the cost savings noted previously.

The compliance alternatives would remove overly prescriptive requirements, simplify regulatory compliance, and provide regulatory flexibility for industry. The proposal would add a compliance alternative to hydrostatic tests, thereby allowing the regulated public to perform an internal inspection in lieu of the hydrostatic test. The proposed inclusion of this compliance alternative would save a given vessel owner labor and material. In order to comply with the existing requirement for hydrostatic tests, the vessel owner must remove existing lagging around the unit, then replace it once the test is completed. The proposed compliance alternative would involve less labor and would not necessitate the removal and replacement of lagging as the existing requirements do. The Coast Guard has not estimated a cost for this alternative, because it is unknown how many vessel owners would choose to pursue the alternative. Because equipment sizes vary, the amount of labor and material needed to comply now and under the alternative is also unknown.

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The Coast Guard invites public comment on this issue.

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This information would be needed to ascertain the existing cost of compliance; the Coast Guard could then estimate the cost savings of the proposed new compliance alternative.

Alternatives Considered

Within the Coast Guard's development of this proposed rule, significant alternatives to the regulatory component(s) were considered to determine if any alternative could accomplish the stated objectives of applicable statutes and could minimize any significant economic impact of the rule on small entities beyond the proposed rule. Among these alternatives were the following:

Alternative 1: Take No Action

The Coast Guard could have chosen not to pursue the rulemaking. Taking no action would cause no incremental costs to regulated entities nor to the Coast Guard. However, in doing nothing, the Coast Guard would have no mechanism to update regulations to reflect current practices and improve their relevance to the public. There would be neither an increase nor decrease in benefits to regulated entities due to the alternative. The proposed rule has been estimated to produce quantifiable cost savings to the Coast Guard and the regulated public, which would not be possible under the alternative of no action.

The standards currently incorporated by reference are outdated. To keep them codified would, in theory, maintain existing safety levels. However, because they are so outdated, they are sparsely available. Compliance with them may become problematic in the future due to lack of availability. The older editions of the standards do not contain guidance for several current industry practices. Maintaining the regulations with the existing standards incorporated by reference would not allow for cost savings as the proposal would do.

The goal of this proposed rule is to streamline requirements, to clarify existing rules and to increase enforcement effectiveness. The no-action alternative would result in no additional costs and maintain current levels of public safety. Similarly, the proposed rule is anticipated to have cost savings opportunities;

42

and these savings would not accrue to the public if current regulations were not amended. The proposed rule also is being promulgated to provide clarity on regulatory intentions; a no-action choice would not permit this clarification to be given to the public. This alternative would result in no benefits as there would be no changes to current practice; therefore, the Coast Guard rejected this alternative.

42

The proposed adoption of the newer editions would mean that some outdated requirements of the earlier editions are no longer required or are converted to recommendations rather than requirements. The newer editions also include some flexibility in requirements and recommendations based on the given circumstances. The reader may consult the appendix for a detailed analysis of the changes between the editions.

Alternative 2: Delay the Effective Date

The Coast Guard could have delayed the effective date. Delayed effective dates are used to aid in compliance implementation, particularly when the labor costs or capital costs are considerable. The compliance costs for the proposal are zero as noted earlier, and a delayed effective date would delay the cost savings opportunities to all parties. For these reasons, the Coast Guard rejected this alternative.

Alternative 3. Exempt Small Entities

The Coast Guard could have exempted small entities from some or all of the proposed rule's provisions. In principle, an exemption would save small entities time and money to comply with regulations. Exemptions for small entities often are used when costs of compliance, such as capital costs, are high. However, there are no costs of compliance for this proposed rule. For this alternative, an exemption may cause the cost savings opportunities of the rulemaking to be precluded for small entities and, thereby, the total value of the rule's cost savings would decline accordingly.

The proposal would implement requirements for business practices in which the majority (if not all) of small businesses now engage. An exemption for small business entities from the rulemaking would have little effective and practical impact on small business entities. There is a high level of voluntary compliance and limited applicability for the affected population. The costs of compliance are zero and the rule is applicable only if an actionable event occurs (for example, if a new vessel is procured or an existing vessel undergoes a major conversion). For these reasons, the Coast Guard did not pursue an exemption for small entities.

B. Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, and Executive Order 13272 (Consideration of Small Entities in Agency Rulemaking) requires a review of proposed and final rules to assess their impacts on small entities. An agency must prepare an initial regulatory flexibility analysis unless it determines and certifies that a rule, if promulgated, would not have a significant impact on a substantial number of small entities.

Under the RFA, we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities”

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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.

43

The Regulatory Flexibility Act considers the term “small entity” as having the same meaning as the terms “small business,” “small organization” and “small governmental jurisdiction.”

Based on our analysis, this proposed rule would affect vessel owners and operators, manufacturers and class societies. While the proposed rule excludes public vessels,

44

there exists considerable diversity in the types of vessel owners that may be impacted by the proposal. Some vessel owners potentially impacted by this proposed rule include Tribal, State, and local governments as well as nonprofits including colleges and universities, museums, and science foundations.

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42 U.S. Code 6939d(c)(1) provides, “The term `public vessel' means a vessel owned or bareboat chartered and operated by the United States or by a foreign nation, except when the vessel is engaged in commerce.”

The MISLE

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