Commercial Fishing Industry Vessel Regulations for Aleutian Trade Act Vessels

Federal RegisterOct 24, 1995

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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 94-025]

RIN 2115-AE77

Commercial Fishing Industry Vessel Regulations for Aleutian Trade

Act Vessels

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing regulations for U.S. commercial

fishing industry vessels subject to the Aleutian Trade Act (ATA) of

1990. This rule promulgates a new subpart regulating certain equipment

requirements and operating procedures for fish tender vessels operating

in the Aleutian trade. These regulations allow for continued cargo

service by water to remote communities in Alaska while ensuring

increased safety standards for the vessels engaged in this trade.

DATES: This final rule is effective on April 22, 1996. The Director of

the Federal Register approves as of April 22, 1996 the incorporation by

reference of certain publications listed in the regulations.

ADDRESSES: Unless otherwise indicated, documents referred to in this

preamble are available for inspection or copying at the office of the

Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 94-025).

U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC

20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mark D. Bobal, Office of Marine Safety, (G-MOS-2),

Room 1210, U.S. Coast Guard Headquarters, Washington, D.C. 20593-0001,

(202) 267-0214.

SUPPLEMENTARY INFORMATION:

Regulatory History

On April 19, 1990, the Coast Guard published a notice of proposed

rulemaking (NPRM) for Commercial Fishing Industry Vessels (55 FR

14924). In the NPRM, the Coast Guard proposed to regulate U.S.

documented or state numbered uninspected fishing, fish processing, and

fish tender vessels, including vessels engaged in the Aleutian Trade,

to implement the provisions of the Commercial Fishing Industry Vessel

Safety Act of 1988. Subsequent to the NPRM, Congress enacted the

Aleutian Trade Act of 1990 (ATA), significantly affecting the impact of

the proposed regulations on vessels engaged in the Aleutian trade.

As a result of the ATA the Coast Guard published a supplemental

notice of proposed rulemaking, (SNPRM), in the Federal Register on

October 27, 1992 (57 FR 48670). The Coast Guard received over 206

comments specifically opposing, and only 4 comments favoring, the

proposed ATA regulations.

On September 13, 1994, the Coast Guard published a second SNPRM

entitled Commercial Fishing Industry Vessel Regulations for Aleutian

Trade

[[Page 54442]]

Act Vessels in the Federal Register (59 FR 47034) incorporating the

comments received from the October 1992 SNPRM. Due to a publishing

error, the commenting period was extended to December 31, 1994 in the

Federal Register (59 FR 60117). The Coast Guard received 8 letters

commenting on the proposal. No public hearing was requested, and none

was held.

Background and Purpose

The Aleutian Trade Act of 1990

On November 16, 1990, the President signed Pub. L. 101-595, The

Aleutian Trade Act of 1990 (``the ATA''). The ATA applies only to fish

tender vessels engaged in the transportation of cargo (including

fishery related products) for hire to or from a place in Alaska west of

153 deg. West longitude and east of 172 deg. East longitude and only,

if that place receives weekly common carrier service by water, to or

from a place in the United States (except a place in Alaska). The ATA

requires these fish tender vessels to meet new safety and manning

standards over a specified period of time. Additional background

information concerning the ATA and the Coast Guard's interpretation of

the Act, may be found at page 48670 of the SNPRM published October 27,

1992. The Coast Guard has compared this rule to international standards

and determined that it does not establish a requirement in excess of

international standards.

Discussion of Comments and Changes

In responses to the SNPRM of September 13, 1994, eight letters were

submitted. Some of these were very detailed, while others contained

broad comments and opinions. Each letter was given consideration in the

development of this final rule. The following paragraphs respond to the

comments received to the SNPRM and the changes made to each section.

One general comment concerned the implementation date of these

regulations in light of possible modifications that might be needed in

order to comply with certain requirements, such as deck rails and hand

grabs, found in Sec. 28.810. The Coast Guard agrees and has made the

final rules effective 6 months from the publishing date.

Subpart A--General Provisions

Section 28.50 Definition of Terms Used in This Part

A comment was received to better define who in the Coast Guard

organization falls under the term used in this section. The term Coast

Guard Representative when referring to a member of the Coast Guard is

limited to persons employed at the cognizant U.S. Coast Guard Marine

Safety Office or Marine Inspection Office. The intent was not to have

Coast Guard Cutters or small boat station personnel perform a general

or partial survey, or be notified of repairs and/or alterations on

Aleutian Trade Act Vessels.

The Coast Guard also received comments asking what the definition

of a ``qualified vessel'' is under the Aleutian Trade Act. The Coast

Guard intended this term to include fish tender vessels engaged in the

Aleutian trade meeting the requirements of 46 USC 4502 (c)(1); however,

the term no longer appears in the rule.

The following is a list of fish tender vessels that the Coast Guard

believes meet the statutory requirements of the ATA. Any vessels newly

entering the service, or which undergo major conversion, will have to

meet the standards of 46 CFR Subpart D. The following list was

originally published in the Congressional Record--House on October 27,

1990. The vessels are:

------------------------------------------------------------------------

Official

Vessel name No.

------------------------------------------------------------------------

MARLIN..................................................... 568721

TARPON..................................................... 576033

SCULPIN.................................................... 587573

BOWFIN..................................................... 604231

DOLPHIN.................................................... 617019

ALEUT PACKER............................................... 580852

CAPELIN.................................................... 506241

SALLY J.................................................... 620431

YELLOWFIN.................................................. 927811

REDFIN..................................................... 656674

EASTERN WIND............................................... 964583

NORTHERN WIND.............................................. 969815

COASTAL NOMAD.............................................. 686157

COASTAL RANGER............................................. 520075

COASTAL TRADER............................................. 285716

COASTAL VOYAGER............................................ 284906

MOKAHANA................................................... 266658

SUNMAR SEA................................................. \1\666754

SUNMAR SKY................................................. 683227

SUNMAR STAR................................................ \2\7119678

------------------------------------------------------------------------

\1\Now called COASTAL SEA.

\2\Correct O.N. 971086.

Subpart G--Aleutian Trade Act Vessels

Section 28.800 Applicability and General Requirements

One comment was received concerning the provision of having an

incline test performed by a marine surveyor. It was noted that there is

a very limited pool of marine surveyors that are qualified to perform

incline experiments. However, no changes are being made to this

requirement because the law specifically requires marine surveyors for

the incline test.

Section 28.815 Bilge Pumps, Bilge Piping, and Dewatering Systems

Four comments were received questioning the rating terminology used

to describe the portable bilge pump, i.e. ``capable of dewatering each

space at the rate of two inches per minute'', which may be used in

satisfying the requirement for a second bilge pump, as opposed to the

rating terminology of the required portable fire pump in section 28.820

i.e. ``9500 GPH''. It was argued the same pump should be allowed to

satisfy the requirements of both. The Coast Guard agrees and, in fact,

the original intent was to allow one portable pump to suffice for the

two; however a sizing or rating problem arises in attempting to set a

minimum standard for a single pump that is capable of accomplishing two

purposes (i.e. high pressure output for firefighting, and yet high

volume for emergency dewatering). In consideration of the comments the

Coast Guard has removed the above described dewatering rate, and

revised the pump rating to a common GPM (gallons per minute)

requirement for both pump cites.

Another comment dealt with the general concern of why two separate

independent sources of power are required for the bilge pumps. In the

original proposal, the Coast Guard wanted these vessels to have an

emergency generator located above the machinery level to ensure backup

power in time of emergency for firefighting or dewatering. There was

much opposition to this proposal. However after first hand assessment

and ship rides aboard these vessels in the Gulf of Alaska by Coast

Guard traveling inspectors, it was determined that an equivalent level

of safety was necessary and is served by the alternate source of power

requirement.

Section 28.820 Fire Pumps, Fire Mains, Fire Hydrants, and Fire Hoses

This section was revised to allow one pump to meet this section as

well as Sec. 28.815. This requires one power driven fire pump,

connected to fixed piping, capable of delivering water at a minimum of

50 gallons per minute with a pressure of not less than 60 pounds per

square inch at the pump outlet.

Section 28.825 Excess Fire Detection and Protection Equipment

One comment was concerned with the use of the term ``Water Spray

Apparatus''. To avoid confusion, the Coast Guard has dropped ``Water

Spray Apparatus'' and ``Steam Fire Apparatus'' and replaced this

marking requirement with the common

[[Page 54443]]

nomenclature used to identify these systems on ATA vessels.

Section 28.835 Fuel Systems

One comment assumed that paragraph (h) of this subsection dealing

with positive shutoff valves was addressing mechanical reachrods only.

This was not the intent. Air or electrically operated solenoid valves

are acceptable. This section incorporates applicable regulations of

subchapter F for any replacement and or alteration to the existing

grandfathered piping. It also adds the requirement for remote shutoff

valves on certain fuel tanks, metal shields under filters, and limits

the length of nonmetallic flexible hose used (for vibration purposes

only). Note: Some of the piping aboard ex-Navy yard oilers used in the

Aleutian trade was built and installed to Navy specifications and was

encased in cement ballast. This arrangement is grandfathered. One

comment stated that the requirements for fuel lines to be constructed

of seamless material was excessive. The Coast Guard never intended

piping requirements to exceed those requirements found for cargo

vessels in subchapter F, 46 CFR Sec. 56.50. This section has been

rewritten to clarify the piping requirement for seamless pipe.

Section 28.880 Hydraulic Equipment

One comment requested paragraph (e) be clarified to indicate that

controls for operating hydraulic equipment need to be located to allow

for an unobstructed view of the operating area, not an unobstructive

view of the whole hydraulic system. The term ``whole hydraulic system''

could be construed to include the components found in the engine room.

The Coast Guard agrees and this was changed to avoid any confusion.

Section 28.885 Cargo Gear

One comment mistook the biennial examination in paragraph (c) to

mean biannual (every six months). To clarify, the Coast Guard added

``biennial, (every second year)'' to the text to reduce any confusion.

Section 28.895 Survey and Classification

One comment questioned the lack of legislative intent in requiring

the classing of a vessel after undergoing a major conversion. After a

review of the legislative history of the Act, major conversion issues

were addressed under the loadline provisions. The Coast Guard agrees

with this comment and dropped the survey and classification section

from this subpart.

Section 28.895 Loadlines

This section was identified as Sec. 28.900 in the SNPRM. Two

comments were received complaining that this section was unclear and

confusing. One comment complained that the statutory language of the

ATA was tortured and confusing and proposed suggested revisions to the

regulations. To address this concern, this section was rewritten to

clarify that loadlines are required on all fish tender vessels engaged

in the Aleutian trade starting in 2003.

Section 28.900 Post Accident Inspection

This section was identified as Sec. 28.905 in the SNPRM. Three

comments were received regarding this section expressing concern that

only Coast Guard Marine Safety Office personnel could conduct these

inspections. The term Coast Guard Representative includes third

parties. Two other comments were concerned that this section was

written more as a performance standard, and possibly routine

maintenance could fall under the repair language as written. This was

not the intent of this section and the Coast Guard has replaced this

section with the language found in 46 CFR Sec. 97.07-1 which deals with

Cargo Vessel requirements found in subchapter I.

Section 28.905 Repairs and Alterations

This section was identified as Sec. 28.910 in the SNPRM.

Section 28.910 Manning and Crew

This section was identified as Sec. 28.915 in the SNPRM. In an

effort to keep repetitive cites to a minimum, this section is being

deleted since 46 U.S.C. and CFR Sec. 15 cover this section.

Incorporation by Reference

The Director of the Federal Register has approved the material in

Sec. 28.40 for incorporation by reference under 5 U.S.C. 552 and 1 CFR

part 51. The material is available as indicated in that section.

Regulatory Evaluation

These regulations are not a significant regulatory action under

section 3(f) of Executive Order 12866, and do not require an assessment

of potential costs and benefits under section 6(a)(3) of that order.

They have not been reviewed by the Office of Management and Budget

under that order. These regulations are not significant under the

regulatory policies and procedures of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979). The Coast Guard estimates that

only 20 vessels out of an estimated U.S. commercial fishing fleet in

excess of 120,000 vessels will be affected by this rule. The Coast

Guard believes that existing equipment on board these 20 vessels can be

upgraded and replaced when the existing equipment is no longer

serviceable. Therefore, the Coast Guard expects the economic impact of

this rulemaking to be so minimal that a full Regulatory Evaluation

under paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether these regulations will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include: (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields; and (2) governmental jurisdictions with

populations of less than 50,000.

Twenty commercial fishing industry vessels are involved in the

Aleutian Trade. A number of these vessels are owned or operated by

small entities. However, the Coast Guard estimates that the cost of

complying with these regulations will be minor. Because it expects the

impact of this rule to be minimal, the Coast Guard certifies under 5

U.S.C 605(b) that these regulations will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This rule contains no collection-of-information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This rulemaking has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612 and it has been

determined that this rulemaking does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Since this rule affects ATA vessels both inside and outside state

waters, the Coast Guard intends to preempt State action addressing the

same subject matter.

Environment

The Coast Guard considered the environmental impact of this

rulemaking and concluded that, under paragraph 2.B.2 of Commandant

Instruction M16475.1B, this rule is categorically excluded from further

environmental documentation. These

[[Page 54444]]

rules are to enhance certain safety equipment requirements and general

operating procedures of ATA vessels and have no significant effect on

the environment. A ``Categorical Exclusion Determination'' is available

in the docket for inspection or copying where indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 28

Fire prevention, Fishing vessels, Incorporation by reference,

Marine safety, Occupational safety and health, Reporting and

recordkeeping requirements, Seamen.

For the reasons set out in the preamble, the Coast Guard amends

chapter I of title 46, Code of Federal Regulations part 28 as follows:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

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

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

app. 1804; 49 CFR 1.46.

2. Section 28.40(b) is revised to read as follows:

Sec. 28.40 Incorporation by reference.

* * * * *

(b) The material approved for incorporation by reference in this

part and the sections affected are:

American Boat and Yacht Council (ABYC),

P.O. Box 747, 405 Headquarters Dr.,

Suite 3, Millersville, MD 21108-0747:

E-1-1972--Bonding of Direct Current 28.345

Systems.

E-8-1985--Alternating Current (AC) 28.345

Electrical Systems on Boats.

E-9-1981--Recommended Practices and 28.345

Standards Covering Direct Current

(DC) Electrical Systems on Boats.

H-2-1989--Ventilation of Boats Using 28.340

Gasoline.

H-25-1986--Portable Fuel Systems for 28.335

Flammable Liquids.

H-33-1989--Diesel Fuel Systems...... 28.335

P-1-1986--Installation of Exhaust 28.380

Systems for Propulsion and

Auxiliary Engines.

International Maritime Organization

(IMO),

Publications Section, 4 Albert

Embankment, London SE1 7SR, England:

Resolution A.658(16) ``Use and 28.135

Fitting of Retro-Reflective

Materials on Life-Saving

Appliances'', dated November 1989.

National Fire Protection Association

(NFPA),

60 Batterymarch Park, Quincy, MA

02269:

70-1990--National Electrical Code 28.350; 28.370; 28.865

(also known as ANSI/NFPA 70-1990).

302-1989--Pleasure and Commercial 28.335; 28.340; 28.345

Motor Craft.

17-1985--Dry Chemical Extinguishing 28.330

Systems.

17A-1986--Wet Chemical Extinguishing 28.330

Systems.

Society of Automotive Engineers (SAE),

400 Commonwealth Drive, Warrendale, PA

15096;

SAE J 1475-1984--Hydraulic Hose 28.880

Fitting for Marine Applications.

SAE J 1942-1989--Hose and Hose 28.405

Assemblies for Marine Applications.

Underwriters Laboratories, Inc. (UL),

333 Pfingsten Rd., Northbrook, IL

60062:

UL 217-1985--Single and Multiple 28.325; 28.830

Station Smoke Detectors.

UL 710-1990--Exhaust Hoods for 28.330

Commercial Cooking Equipment.

3. Section 28.50 is amended by adding the following definitions in

alphabetical order to read as follows:

Sec. 28.50 Definition of terms used in this part.

* * * * *

Aleutian trade means the transportation of cargo, including fishery

related products, for hire on board a fish tender vessel to or from a

place in Alaska west of 153 degrees West longitude and east of 172

degrees East longitude if that place receives weekly common carrier

service by water, to or from a place in the United States, except a

place in Alaska.

* * * * *

Coast Guard Representative means a person employed at the cognizant

U.S. Coast Guard Marine Safety Office or Marine Inspection Office, or

an accepted organization, or a similarly qualified organization

approved in examining commercial fishing industry vessels. Contact

Chief, Vessel and Facility Operating Standard Branch, Commandant, (G-

MOS-2), U.S. Coast Guard, 2100 Second Street S.W., Washington, D.C.

20593-0001 for a current list of accepted organizations or similarly

qualified organizations.

* * * * *

4. The heading of subpart C is revised to read as follows:

Subpart C--Requirements for Documented Vessels That Operate Beyond

the Boundary Lines or With More Than 16 Individuals On Board, or

for Fish Tender Vessels Engaged in the Aleutian Trade

5. Section 28.200 is revised to read as follows:

Sec. 28.200 Applicability.

Each documented commercial fishing industry vessel must meet the

requirements of this subpart in addition to the requirements of

subparts A and B of this part if it:

(a) operates beyond the Boundary Lines;

(b) operates with more than 16 individuals on board; or

6. Part 28 is amended by adding subpart G to read:

Subpart G--Aleutian Trade Act Vessels

Sec.

28.800 Applicability and general requirements.

28.805 Launching of survival craft.

28.810 Deck rails, lifelines, storm rails and hand grabs.

28.815 Bilge pumps, bilge piping, and dewatering systems.

28.820 Fire pumps, fire mains, fire hydrants, and fire hoses.

28.825 Excess fire detection and protection equipment.

28.830 Fire detection system.

28.835 Fuel systems.

28.840 Means for stopping pumps, ventilation, and machinery.

28.845 General requirements for electrical systems.

28.850 Main source of electrical power.

28.855 Electrical distribution systems.

28.860 Overcurrent protection and switched circuits.

28.865 Wiring methods and materials.

28.870 Emergency source of electrical power.

28.875 Radar, depth sounding, and auto-pilot.

[[Page 54445]]

28.880 Hydraulic equipment.

28.885 Cargo gear.

28.890 Examination and certification of compliance.

28.895 Loadlines.

28.900 Post accident inspection.

28.905 Repairs and alterations.

Sec. 28.800 Applicability and general requirements.

(a) This subpart applies to each fish tender vessel engaged in the

Aleutian trade that has not undergone a major conversion and:

(1) Was operated in Aleutian trade before September 8, 1990; or

(2) Was purchased to be used in the Aleutian trade before September

8, 1990, and entered into service in the Aleutian trade before June 1,

1992.

(b) Except as noted otherwise in this subpart, a vessel subject to

this subpart must also comply with the requirements of subparts A, B,

and C of this part.

undergoes a major conversion after September 15, 1991 must comply with

the additional requirements of subpart D.

(d) A fish tender vessel engaged in the Aleutian trade is subject

to inspection under the provisions of 46 U.S.C. 3301 (1), (6), or (7)

unless it:

(1) Is not more than 500 gross tons;

(2) Has an incline test performed by a marine surveyor; and

(3) Has written stability instructions posted on board the vessel.

Sec. 28.805 Launching of survival craft.

In addition to the survival craft requirements in subpart B, each

vessel must have a gate or other opening in the deck rails, lifelines,

or bulwarks adjacent to the stowage location of each survival craft

which has a mass of more than 50 kilograms (110 pounds), so that the

survival craft can be manually launched.

Sec. 28.810 Deck rails, lifelines, storm rails and hand grabs.

(a) Except as otherwise provided in paragraph (d) of this section,

deck rails, lifelines, grab rails, or equivalent protection must be

installed near the periphery of all weather decks accessible to

individuals. Where space limitations make deck rails impractical, hand

grabs may be substituted.

(b) The height of deck rails, lifelines, or bulkwarks must be at

least 1 meter (39\1/2\ inches) from the deck, except where this height

will interfere with the normal operation of the vessel, a lesser height

may be substituted.

stanchions at intervals of not more than 2.3 meters (7 feet).

Stanchions must be through bolted or welded to the deck.

(d) Portable stanchions and lifelines may be installed in locations

where permanently installed deck rails will impede normal cargo

operations or emergency recovery operations.

(e) Deck rails or lifelines must consist of evenly spaced courses.

The spacing between courses must not be greater than 0.38 meters (15

inches). The opening below the lowest course must not be more than 0.23

meters (9 inches). Lower courses are not required where all or part of

the space below the upper rail is fitted with a bulwark, chain link

fencing, wire mesh, or an equivalent.

(f) A suitable storm rail or hand grab must be installed where

necessary in a passageway, at a deckhouse side, at a ladder, and a

hatch where an individual might have access.

Sec. 28.815 Bilge pumps, bilge piping, and dewatering systems.

Instead of meeting the requirements of Sec. 28.255, each vessel to

which this subpart applies must meet the following requirements:

(a) Each vessel must be equipped with a fixed, self priming,

powered, bilge pump, having a minimum capacity rating of 50 gallons per

minute, connected to a bilge manifold and piping capable of draining

any watertight compartment, other than tanks and small buoyancy

compartments, under all service conditions. Large spaces, such as

engine rooms and cargo holds must be fitted with more than one suction

line.

(b) In addition, each vessel must be fitted with a fixed secondary

or backup bilge pump having an independent and separate source of power

from the pump required in paragraph (a) of this section. One of the

bilge pumps may be attached to the propelling engine.

required above, as long as it meets the following:

(1) It must be self priming and provided with a suitable suction

hose of adequate length to reach the bilges of each watertight

compartment it must serve and be fitted with a built-in check valve and

strainer.

(2) The portable pump must be of at least the same minimum capacity

as that listed in paragraph (a) of this section and fitted with a

discharge hose of adequate length to ensure overboard discharge from

the lowest compartment in which it can serve.

(3) The portable pump must also be capable of being quickly and

efficiently attached to the vessel's fixed bilge suction main and/or

discharge piping (such as with ``camlocks'', etc.) for alternate

emergency use.

(d) Except for suction lines attached to an individual pump

provided for a separate space, or for a portable pump, each individual

bilge suction line must be provided with a stop valve at the manifold

and a check valve at some accessible point in the bilge line to prevent

unintended flooding of a space.

(e) Each bilge suction line and dewatering system must be fitted

with a suitable strainer to prevent clogging of the suction line.

Strainers must have an open area of not less than three times the open

area of the suction line.

(f) Except for a fire pump required by 46 CFR 28.820, a bilge pump

may be used for other purposes.

(g) Each vessel must comply with the oil pollution prevention

requirements of 33 CFR parts 151 and 155.

Sec. 28.820 Fire pumps, fire mains, fire hydrants, and fire hoses.

(a) Each vessel must be equipped with a self-priming, power driven

fire pump connected to a fixed piping system. This pump must be capable

of delivering an effective stream of water from a hose connected to the

highest outlet. The minimum capacity of the power fire pump shall be 50

gallons per minute at a pressure of not less than 60 pounds per square

inch at the pump outlet.

(1) If multiple pumps are installed, they may be used for other

purposes provided at least one pump is kept available for use on the

fire system at all times.

(2) In addition, each vessel must be fitted with a portable fire

pump having a minimum capacity of that specified in paragraph (a) of

this section, capable of producing a stream of water having a throw of

at least 12 meters (39.4 feet) from the nozzle, and capable of being

connected to National Standard Fire Hose of the size utilized on board

the vessel. If a vessel already has on board a portable pump satisfying

the bilge system requirements of Sec. 28.760(c), no additional portable

pump is required as long as the portable pump is of sufficient size/

capacity, and is properly equipped to handle both fire fighting and

flood control.

(b) Each vessel must have a sufficient number of fire hydrants to

reach any part of the vessel using a single length of hose.

connected to the outlet at all times, a spanner, and a hose rack or

other device for stowing the hose at all times.

(1) All parts of the firemain located on exposed decks shall either

be protected against freezing or be fitted with cutout valves and drain

valves.

[[Page 54446]]

(2) Firehose shall not be used for any other purpose other than

fire extinguishing, drills, and testing.

(3) Each length of fire hose must be a minimum of 3.83 centimeters

(1\1/2\'') diameter lined commercial fire hose and be fitted with a

nozzle made of corrosion resistant material capable of providing a

solid stream and a spray pattern.

Sec. 28.825 Excess fire detection and protection equipment.

Instead of meeting the requirements of Sec. 28.155, each vessel to

which this subpart applies must meet the following requirements:

(a) Installation of fire detection and protection equipment in

excess of that required by the regulations in this Subchapter is

permitted provided that the excess equipment does not endanger the

vessel or individuals on board in any way. The excess equipment must,

at a minimum, be listed and labeled by an independent, nationally

recognized testing laboratory and be in accordance with an appropriate

industry standard for design, installation, testing, and maintenance.

(b) An existing fixed gas fire extinguishing system that is in

excess of the required fire protection equipment required by subparts

A, B, and C of this part, may remain in place and continue in service

as long as all parts of the system are maintained in good condition to

the satisfaction of the Coast Guard Representative, and subject to the

following:

(1) A fixed fire extinguishing system capable of automatic

discharge upon heat detection, may only be installed in a normally

unoccupied space. For the purpose of this section, the machinery space

aboard a fish tender operating in the Aleutian trade is considered

occupied.

(2) A fixed fire extinguishing system must:

(i) Be capable of manual actuation from outside the space

protected;

(ii) Produce an audible alarm to indicate the discharge of the

extinguishing agent for 20 seconds before the extinguishing agent for

20 seconds before the agent is released into the space;

(iii) The branch line valves of all fire extinguishing systems

shall be plainly and permanently marked indicating the spaces serviced;

(iv) The control cabinets or spaces containing valves or manifolds

for the various fire extinguishing systems shall be distinctly marked

in conspicuous red letters at least 5.08 centimeters (2 inches) high:

``HALON FIRE SYSTEM''

``CARBON DIOXIDE FIRE SYSTEM'' or

``FOAM FIRE SYSTEM'', as the case may be;

(v) Instructions for the operation of the system must be located in

a conspicuous place at or near all pull boxes, stop valve controls, and

in the agent storage space;

(vi) If the space or enclosure containing the supply or controls is

to be locked, a key to the space or enclosure shall be in a break-

glass-type box conspicuously located adjacent to the opening, and;

(vii) Be equipped with a sign at the alarm stating: ``WHEN ALARM

SOUNDS--VACATE AT ONCE. CARBON DIOXIDE BEING RELEASED'', or list other

fire extinguishing agent.

(3) Any modification, alteration, or new installation of a fixed

gas fire extinguishing system must meet the additional requirements of

subpart D of this part.

Sec. 28.830 Fire detection system.

(a) Each accommodation space must be equipped with an independent

modular smoke detector or a smoke actuated fire detecting unit

installed in accordance with Sec. 76.33 of this chapter.

(b) An independent modular smoke detector must meet UL 217 and be

listed as a ``Single Station Smoke Detector--Also Suitable for Use in

Recreational Vehicles''.

Sec. 28.835 Fuel systems.

(a) Portable fuel systems including portable tanks and related fuel

lines and accessories are prohibited except where used for outboard

engines or portable bilge/fire pumps.

(b) Each integral fuel tank must be fitted with a vent pipe

connected to the highest point of the tank terminating in a 180 degree

(3.14 radians) bend on a weather deck and be fitted with a flame

screen.

(d) Valves for removing water or impurities from diesel fuel oil

systems are permitted in the machinery space provided they are away

from any potential sources of ignition. Such valves shall be fitted

with caps or plugs to prevent leakage.

(e) Oil piping drains, strainers and other equipment subject to

normal oil leakage must be fitted with drip pans or other means to

prevent oil draining into the bilge.

(f) All nonmetallic filters and strainers must be fitted with a

metal shield attached to their base in such a way as to prevent direct

flame impingement in the case of a fire.

(g) Shutoff valves shall be installed in the fuel supply piping

lines, one as close to each tank as practicable, and one as close to

each fuel pump as practicable. Valves shall be accessible at all times.

(h) Fuel oil piping subject to internal head pressure from diesel

oil in a tank must be fitted with a positive shutoff valve, installed

to close against the flow at the tank. This valve is to be capable of

remote actuation from outside the space in which the tank/piping is

located, accessible at all times, and suitably marked.

(i) With the exception of paragraph (j) and (k) of this section,

fuel piping shall be steel pipe, annealed seamless copper, brass,

nickel copper, or copper nickel alloy tubing having a minimum wall

thickness of 0.9 millimeters (0.035 inches).

(j) Flexible connections of a short length (no more than 762mm, (30

inches)), suitable metallic or nonmetallic flexible tubing or hose is

permitted in the fuel supply line at or near the engine to prevent

damage by vibration. If nonmetallic flexible hose is used it must:

(1) Not exceed the minimum length needed to allow for vibration;

(2) Be visible, easily accessible, and must not penetrate a

watertight bulkhead;

(3) Be fabricated with an inner tube and outer-covering of

synthetic rubber or other suitable material reinforced with wire braid;

(4) Be fitted with suitable, corrosion resistant, compression

fittings; and

(5) Be installed with two hose clamps at each end of the hose, if

designed for use with clamps. Clamps must not rely on spring tension

and must be installed beyond the bead or flare or over the serrations

of the mating spud, pipe, or hose fitting.

(k) Supply piping that conveys fuel oil or lubricating oil to

equipment and is in close proximity of equipment or lines having an

open flame or having parts operating above 260 deg. C (500 deg. F) must

be of seamless steel.

(l) Existing fuel oil piping may remain in service as long as it is

serviceable to the satisfaction of the Coast Guard Representative. Any

replacement, alterations, modifications or new installations to the

fuel oil piping system must be made in accordance with the material

requirements of this section.

Sec. 28.840 Means for stopping pumps, ventilation, and machinery.

All electrically driven fuel oil transfer pumps, fuel oil unit and

service pumps, and ventilation fans shall be fitted with remote

controls from a readily accessible position outside of the space

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concerned so that they may be stopped in the event of fire occurring in

the compartment in which they are located. These controls shall be

suitably protected against accidental operation or tampering and shall

be suitably marked.

Sec. 28.845 General requirements for electrical systems.

(a) Electrical equipment exposed to the weather or in a location

exposed to seas must be waterproof or watertight, or enclosed in a

watertight housing.

(b) Aluminum must not be used for current carrying parts of

electrical equipment or wiring.

installed in lockers used to store paint, oil, turpentine, or other

flammable or combustible liquids. If electrical equipment, such as

lighting, is necessary in these spaces, it must be explosion-proof or

intrinsically safe.

(d) Explosion-proof and intrinsically safe equipment must meet the

requirements of Sec. 111.105 of this chapter.

(e) Metallic enclosures and frames of electrical equipment must be

grounded.

Sec. 28.850 Main source of electrical power.

(a) Applicability: Each vessel that relies on electricity to power

any of the following essential loads must have at least two electrical

generators to supply:

(1) The propulsion system and its necessary auxiliaries and

controls;

(2) Interior lighting;

(3) Steering systems;

(4) Communication systems;

(5) Navigation equipment and navigation lights;

(6) Fire protection or detection equipment;

(7) Bilge pumps; and

(8) General alarm system.

(b) Each generator must be attached to an independent prime mover.

Sec. 28.855 Electrical distribution systems.

(a) Each electrical distribution system which has a neutral bus or

conductor must have the neutral bus or conductor grounded.

(b) A grounded electrical distribution system must have only one

connection to ground. This ground connection must be at the

switchboard.

Sec. 28.860 Overcurrent protection and switched circuits.

(a) Each power source must be protected against overcurrent.

Overcurrent devices for generators must be set at a value not exceeding

115 percent of the generator's full load rating.

(b) Except for a steering circuit, each circuit must be protected

against both overload and short circuit. Each overcurrent device in a

steering system power and control circuit must provide protection only.

accordance with its current carrying capacity by a circuit breaker or

fuse at the connection to the switchboard or distribution panel bus.

(d) Each circuit breaker and each switch must simultaneously open

all ungrounded conductors.

(e) The grounded conductor of a circuit must not be disconnected by

a switch or an overcurrent device unless all ungrounded conductors of

the circuit are simultaneously disconnected.

(f) Navigation light circuits must be separate, switched circuits

having fused disconnect switches or circuit breakers so that only the

appropriate navigation lights can be switched on.

(g) A separate circuit with overcurrent protection at the main

distribution panel or switchboard must be provided for each radio

installation.

Sec. 28.865 Wiring methods and materials.

(a) All cable and wire must have insulated, stranded copper

conductors of the appropriate size and voltage rating of the circuit.

(b) Each conductor must be No. 22 AWG or larger. Conductors in

power and lighting circuits must be No. 14 AWG or larger. Conductors

must be sized so that the voltage drop at the load terminals is not

more than 10 percent.

such as a galley, laundry, or machinery space must be routed as far as

practicable from these spaces. As far as practicable, cables serving

duplicated essential equipment must be separated so that a casualty

that affects one cable does not affect the other. Existing cables and

wires may remain as routed; however, any replacement wiring, new

cabling and/or alterations must be routed as specified above.

(d) No unused or dead ended cables may remain after the permanent

removal or alteration of an electrical device.

(e) Cable and wire for power and lighting circuits must:

(1) For circuits of less than 50 volts, meet 33 CFR 183.425 and

183.430; and

(2) For circuits of 50 volts or greater:

(i) Meet section 310-13 and 310-15 of NFPA 70, except that asbestos

insulated cable and dry location cable must not be used;

(ii) Be listed by Underwriters Laboratories Inc. as UL Marine Boat

or UL Marine Shipboard cable; or

(iii) Meet Sec. 111.60 of this chapter.

(f) All metallic cable armor must be electrically continuous and

grounded to the metal hull or the common ground point at each end of

the cable run, except that final sub-circuits (those supplying loads)

may be grounded at the supply end only.

(g) Wiring terminations and connections must be made in a fire

retardant enclosure such as a junction box, fixture enclosure, or panel

enclosure.

(h) Existing cable and wire may remain in place and continue in use

as long as it is deemed serviceable to the satisfaction of the Coast

Guard Representative. Any new installation, replacement, modification

or alteration must be done in accordance with the requirements of this

section.

Sec. 28.870 Emergency source of electrical power.

(a) The following electrical loads must be connected to an

independent emergency source of power capable of supplying all

connected loads continuously for at least three hours:

(1) Navigation lights;

(2) Fire protection and detection systems;

(3) Communications equipment;

(4) General alarm system; and

(5) Emergency lighting;

(b) The emergency power source must be aft of the collision

bulkhead, outside of the machinery space, and above the uppermost

continuous deck.

must also meet the following requirements:

(1) Each battery must be a lead-acid or alkaline type and be able

to withstand vessel pitch, vibration, roll, and exposure to a salt

water atmosphere;

(2) A battery cell must not spill electrolyte when the battery is

inclined at 30 degrees from the vertical;

(3) Each battery installation must be in a battery room, in a box

on dock, or in a well ventilated compartment. The batteries must be

protected from falling objects;

(4) Each battery tray must be secured to prevent shifting with the

roll and pitch of the vessel and lined with a material that is

corrosion resistant to the electrolyte of the battery;

(5) Each battery bank installation must be fitted with its own

drip-proof charging system; and

(6) Each deck box used for battery storage must be weathertight,

and have holes near the top to allow gas to escape.

Sec. 28.875 Radar, depth sounding, and auto-pilot.

(a) Each vessel must be fitted with a general marine radar system

for surface

[[Page 54448]]

navigation with a radar screen mounted at the operating station, and

facilities on the bridge for plotting radar readings.

(b) Each vessel must be fitted with a suitable echo depth sounding

device.

pilot is used in areas of high traffic density, conditions of

restricted visibility, and all other hazardous navigational situations,

the master or person in charge shall ensure that:

(1) It is possible to immediately establish manual control of the

unit's steering:

(2) A competent person is ready at all times to take over steering

control; and

(3) The changeover from automatic to manual steering and vice versa

is made by, or under the supervision of, the officer of the watch.

Sec. 28.880 Hydraulic equipment.

(a) Each hydraulic system must be so designed and installed that

proper operation of the system is not affected by back pressure in the

system.

(b) Piping and piping components must be designed with a burst

pressure of not less than four times the system's maximum operating

pressure.

pressure relieving device set to relieve at the system's maximum

operating pressure.

(d) All material in a hydraulic system must be suitable for use

with the hydraulic fluid used and must be of such chemical and physical

properties as to remain ductile at the lowest operating temperature

likely to be encountered by the vessel.

(e) Except for hydraulic steering equipment, controls for operating

hydraulic equipment must be located where the operator has an

unobstructed view of the controls for operating hydraulic equipment and

the adjacent work area. Protection shall be afforded to the operator of

hydraulic equipment against falling or swinging objects and/or cargo.

(f) Controls for hydraulic equipment must be so arranged that the

operator is able to quickly disengage the equipment in an emergency.

(g) Hydraulically operated machinery must be fail-safe or equipped

with a holding device to prevent uncontrolled movement or sudden loss

of control due to loss of hydraulic system pressure. A system is

considered to be fail-safe if a component failure results in a slow and

controlled release of the load so as not to endanger personnel.

(h) Nonmetallic flexible hose assemblies must only be used between

two points of relative motion, limited to the least amount of length

that will afford maximum multidirectional movement of the equipment

served.

(i) Hose end fittings must comply with SAE J1475, (Hydraulic Hose

Fittings For Marine Applications). Field attachable fittings must be

installed following the manufacturer's recommended practice (method).

(j) Nonmetallic flexible hose shall be marked with the

manufacturer's name or trademark, type or catalog number and maximum

allowable working pressure.

(k) Existing hydraulic piping, nonmetallic hose assemblies, and

components may be continued in service so long as they are maintained

in good condition to the satisfaction of the Coast Guard

Representative, but all new installations, or replacements shall meet

the applicable specifications or requirements of this section.

Sec. 28.885 Cargo gear.

(a) The safe working load (SWL) for the assembled gear shall be

marked on the heel of each cargo boom, crane, or derrick. These letters

and figures are to be in contrasting colors to the background and at

least one inch in height. The SWL is construed to be the load the gear

is approved to lift, excluding the weight of the gear itself.

(b) All wire rope, chains, rings, hooks, links, shackles, swivels,

blocks, and any other loose gear used or intended to be used in cargo

loading or unloading must be commensurable with the SWL rating in

paragraph (a) of this section. This gear shall be visually inspected by

the vessel's captain or his designee at frequent intervals, and in any

event not less than once in each operating month.

section, a biennial, (every second year), thorough examination and

proof load test, at a minimum of the SWL rating, shall be performed and

witnessed by competent personnel. The proof load applied to the

winches, booms, derricks, cranes and all associated gear shall be

lifted with the ship's normal tackle with the boom or derrick at the

lowest practicable angle. When the load has been lifted, it shall be

swung as far as possible in both directions.

(d) After satisfactory completion of the tests and examinations

required in paragraphs (b) and (c) of this section, all results and

notations together with the date and location of each shall be

maintained and available to Coast Guard representatives upon request.

Sec. 28.890 Examination and certification of compliance.

(a) At least once in every two years each ATA vessel must be

examined for compliance with the regulations of this subchapter by the

ABS, a similarly qualified organization, or a surveyor of an accepted

organization.

(b) Each individual performing an examination under paragraph (a)

of this section, upon finding the vessel to be in compliance with the

requirements of this chapter, must provide written certification of

compliance to the owner or operator of the vessel.

this section must:

(1) Be signed by the individual that performed the examination;

(2) Include the name of the organization the individual performing

the examination represents or the name of the accepted organization the

individual belongs to; and

(3) State that the vessel has been examined and found to meet the

specific requirements of this chapter.

(d) A certification of compliance issued under paragraph (b) of

this section must be retained on board the vessel until superseded.

(e) A copy of the certification of compliance issued under

paragraph (b) of this section must be forwarded by the organization

under whose authority the examination was performed to the Coast Guard

District Commander (Attention: Fishing Vessel Safety Coordinator) in

charge of the district in which the examination took place.

Sec. 28.895 Loadlines.

(a) A fish tender vessel of not more than 500 gross tons, engaged

in the Aleutian trade, is not subject to the loadline provisions of 46

U.S.C. Chapter 51 if it is not on a foreign voyage and the vessel:

(1) operated in this trade before September 8, 1990; or

(2) was purchased to be used in this trade before September 8, 1990

and entered into service before June 1, 1992; and

(3) has not undergone a major conversion; and

(4) has not had a loadline assigned at any time before November 16,

1990.

(b) The exemption from the loadline provision of 46 U.S.C. Chapter

51 set forth in paragraph (a) of this section expires on January 1,

2003.

Sec. 28.900 Post accident inspection.

The requirements for providing notice and reporting of marine

casualties are contained in part 4 of this chapter. The owner of or

master of the vessel shall ensure that the survey guidance provided by

a Coast Guard Representative is effectively carried out, that the

material and the workmanship

[[Page 54449]]

of such repairs or renewals are in all respects satisfactory, and that

the vessel complies in all respects with the regulations in this part.

Sec. 28.905 Repairs and alterations.

No repairs or alterations affecting the safety of the vessel with

regard to the hull, machinery, or equipment, shall be made without the

notification of a Coast Guard Representative.

Dated: September 18, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 95-26303 Filed 10-23-95; 8:45 am]

BILLING CODE 4910-14-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.